6 results for 'cat:"Criminal Procedure" AND cat:"Restitution"'.
J. Hood finds the appeals court erroneously applied an abuse of discretion standard to the trial court's ruling on restitution. Current Colorado law requires a trial court to consider restitution alongside every criminal conviction, which allows for application of a clear error standard, given the issue in this case was one of proximate causation, which is exclusively fact-based. Regardless, the trial court properly imposed restitution for damage to the victim's vehicle because his decision to swerve in front of defendant as he rode away on a stolen bicycle was foreseeable and did not break the chain of causation. Affirmed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: February 5, 2024, Case #: 2024CO6, Categories: criminal Procedure, restitution
Per curiam, the Seventh Circuit finds that the lower court improperly ruled it lacked authority to adjust defendant's restitution payment schedule. Defendant does not seek to alter the amount of restitution, but to modify the judgment to change the restitution schedule from "immediate," which allowed the government to take funds out of his prison account despite his upcoming hip surgery which will leave him unable to work. The court has this authority under section 3664(k). Vacated.
Court: 7th Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 23-1752, Categories: criminal Procedure, Robbery, restitution
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J. Bratvold affirms the district court's award of restitution to the murder victim's family and its denial of the murder defendant's motion appealing the restitution award. The defendant's motion was untimely and did not comply with procedural requirements, but the requirements it did not meet were claim-processing rules rather than jurisdictional requirements, and the district court therefore had jurisdiction over the restitution challenge. The district court also did not err in refusing to consider life-insurance proceeds received by the victim's mother in determining her economic loss, since a district court should not consider such proceeds in determining a victim's "amount of economic loss." The district court also did not abuse its discretion in awarding restitution for expenses that postdated the victim's funeral. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: August 28, 2023, Case #: A23-0126, Categories: criminal Procedure, Murder, restitution