Restitution
The Ohio Court of Appeals, Fourth District, vacated and remanded the trial court’s restitution order, where the trial court allowed unsworn testimony from the victim about restitution and a failed to hold a contested restitution hearing pursuant to state statute. The court reasoned in part: ““‘“[T]he amount of the restitution must be supported by competent,…
The Minnesota Court of Appeals held that the district court failed to make findings of fact required by statute when ordering restitution and remanded the case for the trial court to make the requisite findings. The court held in relevant part: “Juvenile-delinquency orders require written findings “to show that the district court considered vital standards…
The Minnesota Court of Appeals reversed a restitution order on a juvenile delinquency case based on a finding that the youth was deprived of their right to effective assistance of counsel. The Court stated in relevant part: “Finally, K.A.A. contends that her right to effective assistance of counsel was violated in the restitution proceeding. Juvenile-delinquency…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
On December 17, 2012, the U.S. Department of Justice entered into a settlement agreement with Shelby County and the Juvenile Court of Memphis and Shelby County in Tennessee following their investigation into the juvenile court system. The settlement agreement includes remedial measures to align the following practices with the U.S. Constitution: probable cause determinations, notice…
