State v. Muth
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The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming in part the order of the circuit court that Appellant pay restitution to the victims of his crime, holding that a civil settlement did not preclude the restitution ordered and that the restitution order was a reasonable exercise of the circuit court's discretion under the applicable law and facts presented.
Appellant collided with T.K.'s vehicle, resulting in T.K.'s death. Appellant and his insurance company reached a civil settlement with T.K.'s adult children. Appellant subsequently pled no contest to homicide by intoxicated use of a vehicle. The circuit court ordered restitution to the adult children. The court of appeals reduced the amount of restitution because the amount included income lost as a result of the adult children's spouses missing work due to Appellant's criminal conduct. The Supreme Court reversed in part, holding that the court of appeals (1) properly determined that the civil settlement did not preclude the circuit court from ordering restitution; and (2) erred by reducing the restitution amount because a victim suffers actual pecuniary damages when his or her spouse does not work, as the victim is a member of the marital community that is affected by the loss of income.
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