State v. Gaiovnik, MN Criminal Law, Resitution

Minnesota case law summary by Attorney Richard Clem: Criminal law, restitution, Minn Stat 611A.04.

State v. Gaiovnik. Criminal law, restitution, Minn Stat 611A.04

Minn. Stat. 611A.04 allows award of restitution, even if not requested by victim. Defendant could raise the issue, despite noncompliance with time limits for objection, since his challenge was to the court's authority to award restitution, not the amount of the restitution. However, district court did have such authority, even in the absence of a request by the victim.

No. A09-190, 794 N.W.2d 643 (Minn. Mar. 9, 2011).

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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