section 910.7(1999) supplemental restitution orders (Iowa) · Go Syfert
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section 910.7(1999) supplemental restitution orders in Iowa

6 Iowa opinions name it 2 courts 2001–2018 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State of Iowa v. Corey Douglas Driscollgreen
iowa · 2013 · cited in 2 Iowa opinions naming this issue, 2016–2016
2 sentences

2016See Driscoll, 839 N.W.2d at 192 ; Klawonn, 688 N.W.2d at 276 .

2016See Driscoll, 839 N.W.2d at 192 ; Klawonn, 688 N.W.2d at 276 .

22
State v. Josegreen
iowa · 2001 · cited in 2 Iowa opinions naming this issue, 2016–2018
2 sentences

2018See State v. Jose , 636 N.W.2d 38 , 47 (Iowa 2001) ("To be considered an extension of the criminal proceedings, however, the defendant's petition under section 910.7 must be filed within thirty days from the entry of the challenged order.").

2016Id. at 45-46 .- The Jose court noted a challenge to the court’s failure to consider a defendant’s ability to pay is a challenge to the “restitution-plan of payment,” not the “plan of restitution.” Id. at 45 (citing State v. Swartz, 601 N.W.2d 348, 354 (Iowa 1999) and State v. Jackson, 601 N.W.2d 354, 357 (Iowa 1999)); see also State v. Van Hoff, 415 N.W.2d 647, 649 (Iowa 1987) (“A determination of reasonableness ... is more appropriately based on [a defendant’s] ability to pay the current installments than his ability to ultimately pay the. total amount due.”).

12
State v. Lessnergreen
iowactapp · 2001 · cited in 2 Iowa opinions naming this issue, 2001–2016
2 sentences

2016He may still initiate a civil lawsuit under section 910.7 challenging the restitution order.6 See id.

2001State v. Lessner, 626 N.W.2d 869, 871 (Iowa Ct.App.2001).

12
State v. Van Hoffgreen
iowa · 1988 · cited in 1 Iowa opinions naming this issue, 2016–2016
1 sentence

2016Id. at 45-46 .- The Jose court noted a challenge to the court’s failure to consider a defendant’s ability to pay is a challenge to the “restitution-plan of payment,” not the “plan of restitution.” Id. at 45 (citing State v. Swartz, 601 N.W.2d 348, 354 (Iowa 1999) and State v. Jackson, 601 N.W.2d 354, 357 (Iowa 1999)); see also State v. Van Hoff, 415 N.W.2d 647, 649 (Iowa 1987) (“A determination of reasonableness ... is more appropriately based on [a defendant’s] ability to pay the current installments than his ability to ultimately pay the. total amount due.”).

11
State v. Swartzgreen
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2016–2016
1 sentence

2016Id. at 45-46 .- The Jose court noted a challenge to the court’s failure to consider a defendant’s ability to pay is a challenge to the “restitution-plan of payment,” not the “plan of restitution.” Id. at 45 (citing State v. Swartz, 601 N.W.2d 348, 354 (Iowa 1999) and State v. Jackson, 601 N.W.2d 354, 357 (Iowa 1999)); see also State v. Van Hoff, 415 N.W.2d 647, 649 (Iowa 1987) (“A determination of reasonableness ... is more appropriately based on [a defendant’s] ability to pay the current installments than his ability to ultimately pay the. total amount due.”).

11
State v. Jacksongreen
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2016–2016
1 sentence

2016Id. at 45-46 .- The Jose court noted a challenge to the court’s failure to consider a defendant’s ability to pay is a challenge to the “restitution-plan of payment,” not the “plan of restitution.” Id. at 45 (citing State v. Swartz, 601 N.W.2d 348, 354 (Iowa 1999) and State v. Jackson, 601 N.W.2d 354, 357 (Iowa 1999)); see also State v. Van Hoff, 415 N.W.2d 647, 649 (Iowa 1987) (“A determination of reasonableness ... is more appropriately based on [a defendant’s] ability to pay the current installments than his ability to ultimately pay the. total amount due.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State v. Klawonn green
iowa · 2004
2 sentences

2016See Driscoll, 839 N.W.2d at 192 ; Klawonn, 688 N.W.2d at 276 .

2016See Driscoll, 839 N.W.2d at 192 ; Klawonn, 688 N.W.2d at 276 .

22016–2016

Statutes the citing opinions construe

IA § Iowa Code § 910.7 (6) IA § Iowa Code § 910.3 (4) IA § Iowa Code § 910.1 (3) IA § Iowa Code § 910.2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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