· 10/31/2003
State v. Goeller
Citations
- 77 P.3d 1272
- 276 Kan. 578
- 2003 Kan. LEXIS 592
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the defendant carries the burden of establishing that he or she cannot pay repay the victim via restitution
- concluding statute made restitution the rule and required defendant to produce evidence to support claimed inability to pay underlying argument that restitution was unworkable
- noting in recitation of facts that financial affidavit demonstrating poverty was filed, but the court ruled defendant \presented no evidence of his inability to pay\
- noting in recitation of facts that financial affidavit demonstrating poverty was filed, but the court ruled defendant \presented no evidence of his inability to pay\
- causation requirement met in DUI case to compensate victim for medical bills incurred after collision with intoxicated defendant who drove his vehicle left of center
- “ *[I]n Kansas, restitution for a victim’s damages or loss depends on the establishment of a causal link between the defendant’s unlawful conduct and the victim’s damages.’ ” [quoting State v. Hunziker, 274 Kan. 655, Syl. ¶ 9, 56 P.3d 202 (2002)]
Source: CourtListener parenthetical corpus (CC0).
Judges: Beier
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.