Legal Opinion

State v. Schmaling

Court of Appeals of Wisconsin

Decided December 20, 1995No. 94-3041-CRPublishedCited by 21 opinions

1Opinion of the CourtAnderson, P.J.

Michael T. Schmaling appeals from an order denying his motion for resentencing or, in the alternative, for a modification of his sentence. Schmaling insists that the trial court erred when it ordered him to pay restitution to Racine County for the cost of fighting a fire and cleaning up after the fire and that he pay the costs incurred by the State in retaining an accident reconstruction expert in preparation for trial. We reverse that portion of the judgment that requires Schmaling to pay restitution for the costs of fire fighting and cleanup because Racine County is not a "victim" of a…

2Cases cited6 opinions

  1. United States v. GibbensCourt of Appeals for the First Circuit · 1994
  2. State v. AmatoCourt of Appeals of Wisconsin · 1985
  3. State v. EvansCourt of Appeals of Wisconsin · 1994
  4. State v. BofferCourt of Appeals of Wisconsin · 1990
  5. State v. MattesCourt of Appeals of Wisconsin · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. HansonWisconsin Supreme Court · 2012
  2. State v. BeiersdorfCourt of Appeals of Wisconsin · 1997
  3. Estate of Hegarty Ex Rel. Hegarty v. BeauchaineCourt of Appeals of Wisconsin · 2001
  4. State v. WaltersCourt of Appeals of Wisconsin · 1999
  5. State v. EvansCourt of Appeals of Wisconsin · 2000

16 more not listed; retrieve them via the Exa API.

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