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Restitution for lost wages an error

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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.

In Douglas Wolff v. State of Indiana, No. 27A05-0907-CR-368, Douglas Wolff pleaded guilty to criminal recklessness and disorderly conduct for firing a shotgun in the direction of co-worker Michael Smithhisler. Wolff and Smithhisler worked for Wolff's dad, Merrill, at the time of the incident. Smithhisler was fired shortly after the incident, which he claimed was because he pressed charges against Wolff. Merrill said he fired Smithhisler because he didn't report for work for several days after the incident, didn't answer Merrill's phone calls, and when he did come back to work, said he didn't think it was the best idea for him to come back right after the incident.

Wolff's sentences were suspended and he was ordered to pay $921 in counseling expenses and $12,789 in lost wages to Smithhisler, and $1,631 to the Grant County Sheriff's Department. Smithhisler testified the incident made him have trouble sleeping and caused him to constantly worry about being shot. He also said he had trouble holding down a job after the shooting.

Wolff only appealed the order of restitution for lost wages.

"It is true that Wolff's actions in firing his shotgun set in motion the chain of events that eventually led to the termination of Smithhisler's job," wrote Judge Nancy Vaidik. "But Wolff did not terminate Smithhisler; his father, Merrill, did."

The fact Smithhisler was fired and couldn't keep a job was not "a result of the crime" to support ordering restitution. Wolff's actions may have indirectly led to Smithhisler's firing and lost earnings, but Indiana Code Section 35-50-5-3(a)(4) requires more than that, she continued.

Smithhisler's claim is inappropriate for criminal restitution, but it may give rise to file a civil claim against Merrill. The appellate court reversed the award of lost earnings.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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