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Restitution
By: Derek Hawkins//May 31, 2016//
Listen to this article7th Circuit Court of Appeals
Case Name: United States of America v. Brian Wilkozek
Case No.: 15-1537
Officials: KANNE, ROVNER, and SYKES, Circuit Judges
Focus: Restitution
Petition for coram nobis, an old writ used to collaterally attack a criminal judgment, properly dismissed by judge.
“We begin and end our analysis with the first element. A fundamental error that invalidates a criminal proceeding is one that undermines our confidence that the defendant is actually guilty. See Morgan, 346 U.S. at 511. Only errors of this magnitude justify the cost of putting aside the interest in finality. See Keane, 852 F.2d at 206 (“At some point the judicial system must close old files and turn to the future, regretfully accepting the risk of error lest the quest for perfect justice become the enemy of adequate justice.”). An obvious example is deprivation of counsel. See Morgan, 346 U.S. at 511–12.”
Affirmed
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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