restitution

COA judge issues 8-page criticism of trial court missteps

June 3, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a juvenile court’s order of restitution, stating the court failed to investigate the young man’s ability to pay, and that the damage amount could not be determined to be reasonable. Judge Melissa S. May wrote an eight-page separate opinion stating that the trial court’s many errors hampered the COA’s ability to perform its review of the case.
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Social Security income shouldn't be considered in restitution orders

April 21, 2011
Jennifer Nelson
Dealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded when considering a defendant’s ability to pay restitution.
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Restitution for lost wages an error

October 6, 2009
Jennifer Nelson
A trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
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