Cited by
Opinions in Minnesota that cite State v. Fader, 358 N.W.2d 42.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
1(a) (2018)); (remanding for reconsideration of the appellant’s ability to pay restitution in light of a more-developed record); –48 (Minn. 1984) (remanding for reconsideration of a restitution award because the record did not provide a sufficient factual basis for the award, although it did establish a basis for the appellant’s ability to pay).
- State of Minnesota v. Almanzo Ousley Cotton Minn. 2024
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State of Minnesota v. Almanzo Ousley Cotton
Minn. 2024
(); (noting that “the word ‘restitution’ connotes restoring or compensating the victim for his loss”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(explaining that “the word ‘restitution’ connotes restoring or compensating the victim for his loss”).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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Minn. 2022
“A 4 Though we do not reach ambiguity, our interpretation finds support in the well- established purpose of the restitution statute, which is to “restore crime victims to the same financial position they were in before the crime.” Palubicki, d at 666; (stating that restitution is about “restoring or compensating the victim for his loss”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
for the proposition that the restitution available to CVRB is not compensation for a victim’s injury suffered from criminal harm and that compensation to CVRB has a wholly different character than 7 restitution payments made to a victim to restore the victim for his loss.
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Eugene Gerald Secord, petitioner, Appellant,
Minn. Ct. App. 2021
See State v. Maidi , (stating that legislative hi story of Minnesota Statutes section 611A.045 shows the restitution statut e was intended primar ily to compensate victims); (indicating the primary purpose of restitution is to compensate the victim).
- Howard William Amos, petitioner, Appellant, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
See, (remanding for reconsideration of restitution award to allow parties to present evidence on the amount of loss to the victim); Keehn, d at 409 (reversing and remanding restitution order for further findings “on the nature and amounts of expenses”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(remanding for further fact-finding when the record did not provide a factual basis for a restitution award).
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State of Minnesota,
Minn. 2020
See, –46 (Minn. 1984) (holding that evidence admitted in rebuttal was admissible as Spreigl evidence).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
A victim’s loss must “have some factual relationship to the crime committed.” State v. Nelson , (concluding that factual record did not support restitution award).
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
1 (1992) (emphasis added)).4 It is this right to receive restitution that is central to the case before us. 3 In State v. Fader, the Minnesota Supreme Court applied that statute and interpreted the word “restitution” to mean “restoring or compensating the victim for his loss.” d 42, 48 (1984).
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State of Minnesota,
Minn. 2018
Palubicki, d at 666; State v. Terpstra , d 280, 283 (Minn. 1996)
- A17-0708 Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
The victim’s loss also must “have some factual relationship to the crime committed.” Nelson, d at 347; (concluding that factual record did not support restitution award).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(remanding where the record did not provide factual basis to support amount of restitution ordered).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Emile Rey 890 N.W.2d 135 Minn. Ct. App. 2017
- State of Minnesota v. Emile Rey 890 N.W.2d 135 Minn. Ct. App. 2017
- State of Minnesota v. John William Zastrow Minn. Ct. App. 2016
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State of Minnesota v. John William Zastrow
Minn. Ct. App. 2016
see also Gaiovnik, d at 651; review denied (Minn. Apr.
- State of Minnesota v. Robert Neil Ackland Minn. Ct. App. 2016
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State of Minnesota v. Robert Neil Ackland
Minn. Ct. App. 2016
(remanding where the record did not provide factual basis to support the amount of restitution ordered).
- State of Minnesota v. Berry Alan Willis 883 N.W.2d 838 Minn. Ct. App. 2016
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State of Minnesota v. Berry Alan Willis
883 N.W.2d 838
Minn. Ct. App. 2016
(“In our opinion, the word ‘restitution’ connotes restoring or compensating the victim for his loss.”).
- Peter Loren Martel v. State of Minnesota Minn. Ct. App. 2015
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Peter Loren Martel v. State of Minnesota
Minn. Ct. App. 2015
3(a) (stating “the proper amount or type of restitution must be resolved by the court by the preponderance of the evidence”); (stating loss to a sexual assault victim “would include the cost of necessary treatment and related expenses”).
- State v. Miller 842 N.W.2d 474 Minn. Ct. App. 2014
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State v. Miller
842 N.W.2d 474
Minn. Ct. App. 2014
(remanding case because record did not provide factual basis for restitution award).
- Hughes v. State 815 N.W.2d 602 Minn. 2012
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Hughes v. State
815 N.W.2d 602
Minn. 2012
The record must “provide a factual basis for the restitution award.”
- State v. Gaiovnik 794 N.W.2d 643 Minn. 2011
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State v. Gaiovnik
794 N.W.2d 643
Minn. 2011
(holding that remand for reconsideration on restitution award was appropriate when the record provided no factual basis for a $10,000 restitution order for first-degree criminal sexual conduct).
- State v. Ramsay 789 N.W.2d 513 Minn. Ct. App. 2010
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State v. Ramsay
789 N.W.2d 513
Minn. Ct. App. 2010
See, (“Restitution is intended to be compensatory, not punitive.”); State v. Maidi (stating primary purpose of restitution is to compensate victim); (“ ‘restitution’ connotes restoring or compensating the victim for his loss”).
- State v. Palubicki 727 N.W.2d 662 Minn. 2007
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State v. Palubicki
727 N.W.2d 662
Minn. 2007
See, (“[T]he word ‘restitution’ connotes restoring or compensating the victim for his loss.
- State v. Latimer 604 N.W.2d 103 Minn. Ct. App. 1999
- State v. Latimer 604 N.W.2d 103 Minn. Ct. App. 1999
- State v. Tenerelli 583 N.W.2d 1 Minn. Ct. App. 1998
- State v. Tenerelli 583 N.W.2d 1 Minn. Ct. App. 1998
- State v. Colsch 579 N.W.2d 482 Minn. Ct. App. 1998
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State v. Colsch
579 N.W.2d 482
Minn. Ct. App. 1998
3 (order for restitution does not bar any civil action by victim); (record of economic loss is required before district court may order restitution); (remanding for reconsideration of $10,000 restitution judgment for evidence of economic loss).
- State v. Grecinger 569 N.W.2d 189 Minn. 1997
- State v. Grecinger 569 N.W.2d 189 Minn. 1997
- State v. Richards 552 N.W.2d 197 Minn. 1996
- State v. Richards 552 N.W.2d 197 Minn. 1996
- State v. Harvey 547 N.W.2d 706 Minn. Ct. App. 1996