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Abuse of Discretion – Restitution

By: Derek Hawkins//December 11, 2019//

Abuse of Discretion – Restitution

By: Derek Hawkins//December 11, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Michael A. Nieman

Case No.: 2017AP1906-CR

Officials: KLOPPENBURG, J.

Focus: Abuse of Discretion – Restitution

Nieman, acting pro se, appeals a judgment of conviction and an order denying his postconviction motion. In his postconviction motion, Nieman raised only one issue, whether the circuit court erroneously exercised its discretion in ordering restitution. Nieman renews his argument on that issue on appeal. As I explain, Nieman’s argument fails because the record shows that the court properly exercised its discretion in ordering restitution. Nieman also raises several issues on appeal that he did not raise in the circuit court. Those issues include that the plea agreement did not include restitution, and that his trial and postconviction counsel were ineffective for failing to raise certain issues either at sentencing or as new factors in the postconviction motion. I do not address those issues because they are raised for the first time on appeal. Finally, Nieman argues that his probation was improperly revoked in a prior case, so that the probation ordered in this case should be the only sentence he is serving. That argument fails because it concerns a case different from this one. Accordingly, I affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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