224 Wis. 2d 897 - State v. Walters’s Empirical Analysis

Citation profile

28 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “may require that the defendant do one or more of the following: (a) Pay all special damages, but not general damages, substantiated by evidence in the record, which could be recovered in a civil action against the defendant for his or her conduct in the commission of a crime considered at sentencing. (b) Pay an amount equal to the income lost, and reasonable out-of-pocket expenses incurred, by the per son against whom a crime considered at sentencing was committed resulting from the filing of charges or cooperating in the investigation and prosecution of the crime. (c) Reimburse any person or agency for amounts paid as rewards for information leading to the apprehension or successful prosecution of the defendant for a crime for which the defendant was convicted or to the apprehension or prosecution of the defendant for a read-in crime. (d) If justice so requires, reimburse any insurer, surety or other person who has compensated a victim for a loss otherwise compensable under this section.”

   4 later decisions quote this exact passage
   e.g. 392 Wis. 2d 578 - State v. Ryan M. Muth · 388 Wis. 2d 257 - State v. Muth

2. “"In determining the amount of restitution, a court may require a defendant to pay only special damages sustained by the victim, which are substantiated by evidence in the record. A court is prohibited from ordering restitution for any general damages of the victim. Section 973.20(5)(a), Stats.; State v. Stowers , 177 Wis.2d 798 , 804-05 , 503 N.W.2d 8 , 10 (Ct.App. 1993). This limitation restrains the circuit court from assessing restitution for damages intended to generally compensate the victim for such things as pain and suffering, anguish or humiliation. *Page 1157 Id. However, any readily ascertainable pecuniary expenditure paid out because of the crime is appropriate as special damages. Id. Medical expenses and lost earnings are types of special damages. Id. at 805, 503 N.W.2d at 10 . "A restitution order does not limit or impair the right of a victim to sue for civil damages; however, the amount of restitution paid to a victim in a criminal proceeding may be a setoff against a like amount in the judgment in a companion civil case. See § 973.20(8), Stats.; Olson v. Kaprelian , 202 Wis.2d 377 , 383 , 550 N.W.2d 712 , 715 (Ct.App. 1996). No Wisconsin appellate case has directly addressed whether a payment in a civil case can be a setoff against either the total amount of special damages found by the court or against the amount of restitution ordered at the conclusion of a restitution hearing. The supreme court indicated in [State v.] Sweat [, 208 Wis.2d 409 , 561 N.W.2d 6”

   3 later decisions quote this exact passage
   e.g. 2006 WI App 29 - Herr v. Lanaghan · 863 So. 2d 1149 - Roberts v. State

3. “[R]estitution serves the purposes of punishment and rehabilitation of the defendant, while seeking to make the victim of criminal acts whole in regard to the special damages sustained.”

   3 later decisions quote this exact passage
   e.g. Huml v. Vlazny · 392 Wis. 2d 578 - State v. Ryan M. Muth