State v. Kaelin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that while the sentencing court is not required to state its reasons on the record, best practice includes doing so
• stating restitution for attorney fees should be ordered “only to the extent of the defendant’s reasonable ability to pay the amount ordered”
• noting a defendant has the burden to demonstrate the court abused its discretion
• “In an extreme case this burden may be met on appeal through a record showing a defendant’s indigency and disability from earning income.”
• “We have recognized that a defendant may directly appeal a sentence requiring restitution, but a modification proceeding in district court is likely to be a simpler and more effective remedy in most cases.”
• “[A] defendant who seeks to upset an order for restitution for [court costs and attorney fees] ‘has the burden to demonstrate a failure of the trial court to exercise discretion or abuse of discretion.’” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).