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Restitution – Abuse of Discretion

By: Derek Hawkins//March 23, 2016//

Restitution – Abuse of Discretion

By: Derek Hawkins//March 23, 2016//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Shawn M. Schuett

Case No.: 2015AP1232-CR

Officials: Kloppenburg, P.J., Higginbotham and Sherman, JJ.

Focus: Restitution – Abuse of Discretion

Shawn Schuett appeals from the restitution component of a criminal judgment and an order denying him postconviction relief. He raises two issues. First, he challenges whether the person and insurer seeking restitution (collectively, B.S.) qualified as “victims” of his crimes of conviction within the meaning of WIS. STAT. § 973.20 (2013-14). Second, he contends that the circuit court erroneously exercised its discretion by entering a restitution order without first holding a hearing. For the reasons discussed below, we conclude that B.S. met the statutory definition of a crime victim entitled to restitution, but that Schuett was entitled to a hearing to challenge the amount of restitution. Accordingly, we affirm the circuit court’s ruling regarding B.S.’s eligibility for restitution, but reverse the postconviction order and the portion of the judgment imposing restitution, and remand for a restitution hearing.

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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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