Kays v. State

RUCKER, Justice.

In this case we address the propriety of a trial court’s restitution order against a criminal defendant whose income is comprised entirely of social security disability benefits.

Facts and Procedural History

Rebecca Kays and her next-door neighbor, Cheryl Wolfe, had a dispute over their common property line in Knox County. After a surveyor had placed metal posts on the line to mark it, Wolfe placed PVC pipes over the posts to make them more visible. Kays removed the pipes and threw them in Wolfe’s yard, striking Wolfe with one of the pipes. Wolfe sustained an injury to her leg…