10 Iowa opinions name it 2 courts 2010–2019 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.
| Case | Followed | Cited |
|---|---|---|
State v. Jenkinsgreen2 sentences2019See State v. Jenkins, 788 N.W.2d 640 , 645–46 (Iowa 2010) (holding an offender may challenge the amount of restitution). 2018An offender may challenge the amount of restitution sought by the county attorney, including challenging a determination of an amount to be paid to a victim by the "Crime Victim Compensation Program." Jenkins , 788 N.W.2d at 646 . | 1 | 2 |
State v. Jacksongreen2 sentences2018However, unlike direct causal-connection or amount-of-restitution challenges, "ability-to-pay challenges to restitution are premature until the defendant has exhausted the modification remedy afforded by Iowa Code section 910.7." State v. Richardson , 890 N.W.2d 609 , 626 (Iowa 2017) (citing State v. Jackson , 601 N.W.2d 354 , 357 (Iowa 1999) ). 2017See State v. Jackson, 601 N.W.2d 354, 357 (Iowa 1999) (stating that until a plan of restitution is completed, the court is not required to consider the defendant’s ability to pay, and noting that an offender may challenge the amount of restitution by petition under Iowa Code section 910.7). | 1 | 2 |
State of Iowa v. Charles James David Olivergreen1 sentence2015State v. Oliver, 812 N.W.2d 636, 640 (Iowa 2012). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Van Hoff
green
2 sentences2019Id. 2018Likewise, an offender can challenge his or her ability to pay the amount of restitution ordered, see Jose , 636 N.W.2d at 45 , since the offender's "reasonable ability to pay is a constitutional prerequisite for a criminal restitution order such as that provided by Iowa Code chapter 910." State v. Van Hoff , 415 N.W.2d 647 , 648 (Iowa 1987). | 2 | 2018–2019 |
State v. Bruegger
green
2 sentences2017Id. at 873 . 2017Id. at 873 . | 2 | 2017–2017 |
State v. Bradley
green
2 sentences2010In Bradley, 637 N.W.2d at 210 , however, our court of appeals considered whether a restitution order by the district court should include amounts paid by the CVCP for the funeral expenses of an out-of-state victim. 2010In Bradley, 637 N.W.2d at 210 , however, our court of appeals considered whether a restitution order by the district court should include amounts paid by the CVCP for the funeral expenses of an out-of-state victim. | 2 | 2010–2010 |
State of Iowa v. Patrick Edouard
green
1 sentence2019DeLong isolates medical expenses relating to physical- health treatments incurred after the initial examination, arguing they cannot have a causal connection to his offense “in a case where there wasn’t any physical bodily injury.” “[A]mounts paid to victims by the CVCP may not be automatically charged back to the defendant.” Edouard, 854 N.W.2d at 450 (citing Jenkins, 788 N.W.2d at 645–47). “[T]he district court may review whether there was a sufficient causal link as a matter of fact between [CVCP payments] and [DeLong’s] criminal activity . . . .” See Jenkins, 788 N.W.2d at 647 . | 1 | 2019–2019 |
State v. Jose
green
1 sentence2018Likewise, an offender can challenge his or her ability to pay the amount of restitution ordered, see Jose , 636 N.W.2d at 45 , since the offender's "reasonable ability to pay is a constitutional prerequisite for a criminal restitution order such as that provided by Iowa Code chapter 910." State v. Van Hoff , 415 N.W.2d 647 , 648 (Iowa 1987). | 1 | 2018–2018 |
State of Iowa v. Daimonay Darice Richardson
green
1 sentence2018However, unlike direct causal-connection or amount-of-restitution challenges, "ability-to-pay challenges to restitution are premature until the defendant has exhausted the modification remedy afforded by Iowa Code section 910.7." State v. Richardson , 890 N.W.2d 609 , 626 (Iowa 2017) (citing State v. Jackson , 601 N.W.2d 354 , 357 (Iowa 1999) ). | 1 | 2018–2018 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.