Criminal Law, Restitution

Minnesota case law summary by Attorney Richard Clem: Criminal Law, Restitution.

State of Minnesota v. Toby Earl Johnson. MN criminal law, restitution

In this appeal from McLeod County, the Minnesota Supreme Court held:

1. This court will not consider appellant's argument that the district court improperly ordered restitution for a loss already reimbursed by an insurance company because the argument was made first on appeal.

2. Because Minn. Stat. 611A.04 provides that victims can be reimbursed for "losses resulting from the crime," the district court erred in using the outstanding value of a promissory note secured by the victim's car as the measure of loss rather than the actual diminution in value caused to the car from the crime.

3. When a victim sustains indivisible loss from multiple defendants' actions, the sentencing court has the authority to order restitution based on joint and several liability.

No. A13-2353 (Minn. July 30, 2014).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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