6 results for 'cat:"Murder" AND cat:"Restitution"'.
J. Guerrero denies a petition for review. The trial court imposition of a parole revocation restitution fine was improper since defendant's life sentence for murder did not include the possibility of parole. Also, counsel did not display racial animus by telling him to use street slang, which was valid advice intended to preserve his credibility on the stand. Reversed in part.
Court: California Supreme Court, Judge: Evans, Filed On: May 1, 2024, Case #: A165198, Categories: murder, Parole, restitution
J. Grasz finds a lower court properly imposed restitution payments on a defendant who is serving a life sentence for two counts of first-degree murder. The defendant argued that the imposed monthly payments should not be deducted from his stimulus benefits. However, the government presented sufficient evidence in court that the funds are not exempt. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 18, 2024, Case #: 21-2533, Categories: murder, restitution
J. Jackson finds that the trial court imposition of a parole revocation restitution fine was improper since defendant's life sentence for murder did not include the possibility of parole. Also, counsel did not display racial animus by telling him to use street slang, which was valid advice intended to preserve his credibility on the stand. Reversed in part.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: January 5, 2024, Case #: A165198, Categories: murder, Parole, restitution
J. Frisch partially affirms the district court's award of restitution in a murder case. While the district court did not err in calculating restitution without considering GoFundMe campaign proceeds available to the crime victim or in finding that the state had reached its burden to show that a victim-reimbursement program had sustained an economic loss equal to the amount it provided to the victim, the court did err in failing to include a payment schedule or structure in its restitution order. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: September 5, 2023, Case #: A23-0213, Categories: murder, restitution
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
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J. Wall finds a lower court properly dismissed a defendant's second motion to correct an alleged illegal sentence. The defendant, who is serving a life sentence with no chance of parole, argued that the lower court erred in imposing restitution to the sister of his murder victim. However, the defendant is barred from bringing his claims under res judicata. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: June 23, 2023, Case #: 125,113, Categories: murder, Sentencing, restitution