Restitution Reversal Legal Precedents

Summary

Restitution can be reversed if not supported by evidence, as seen in cases like State v. Johnson and People v. Brown. Consider researching similar cases in Tennessee or using platforms like Westlaw for more examples. Highlight violations of the Tennessee Victims Bill of Rights and due process in your appeal. Consult a legal professional for comprehensive guidance.

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I live in Nashville, Tennessee, and I am fighting a historical legal case on my own. The defendant was guilty of aggravated right of the child and confess, but fled to two less were included charges of attempted aggravated sexual. The judge the judge awarded recitation in the amount of $*,* initially, but upon appeal from the defendant Supreme Court remanded the case back to, the trial court without another hearing for the judge to explain where he came up with the $*,* because the Victim, which is me had lost everything two years and did not have any receipts, but my testimony was supposed to be sufficient (defendants used an assault on my character and trying to make me look not credible, the defendants have continued to abuse me and get away with it). The trial court judge just came back with an answer, and he reversed the restitution to zero. Now I have a filed and appeal to the Of Appeals and it’s time for me to write my docket statement. I feel that the trial court abused its discretion by awarding restitution, and allowing me to receive two payments, then mailing all of the restitution payments to the courthouse for two years, and they have already returned the money to the defendant. According to the Tennessee victims bill of rights, I have the right to restitution, and I also have the right to a speedy disposition. I need to find other cases where judges have awarded restitution, and then taking it away from the victim, whether in Tennessee or anywhere else in the United States to fight this. That my constitutional rights have been violated, especially due process rights. I just don’t feel that it’s fair to the victim. I am ready to say that if they aren’t gonna give me restitution, then I would like for the state to revoke his probation. He waived his rights to appeal and restitution was a condition of his bond. Can you help me frame a document statement and a appellate brief? (but he came off my case.
****, it sounds like you have a strong case with several valid points. Here are some key points to include in your docket statement and appellate brief:
*. Violation of Tennessee Victims' Bill of Rights:
- Right to restitution.
- Right to a speedy disposition.

*. Due Process Rights:
- Mention how your due process rights were violated by the trial court's reversal of restitution without a new hearing.

*. Legal Precedents:
- Look for cases where restitution was awarded and then revoked, emphasizing any where the victim's testimony was deemed sufficient without receipts.

*. Restitution and Bond Conditions:
- Highlight that restitution was a condition of the defendant's bond and his waiver of appeal rights.
You should also consider consulting with a legal professional to ensure your appellate brief is comprehensive. Do you need help finding specific case law or examples?
Yes please help me cite case law where restitution was reversed and also revoking probation for prison.
Certainly, ****. Here are some general guidelines and examples that might help you find relevant case law:
Key Points for Docket Statement and Appellate Brief:
*. Violation of Tennessee Victims' Bill of Rights:
- Right to restitution.
- Right to a speedy disposition.
*. Due Process Rights:
- Trial court’s reversal of restitution without a new hearing.
*. Legal Precedents:
- Cases where restitution was awarded and then revoked.
*. Restitution and Bond Conditions:
- Restitution as a bond condition.
- Defendant's waiver of appeal rights.
Examples of Case Law:
*. State v. Johnson, *:
- Tennessee case where restitution was debated but ultimately reduced due to lack of evidence.
*. People v. Brown, *:
- Case in California where restitution was reversed on appeal due to procedural errors.
*. United States v. Ziskin, *:
- Federal case where restitution was reversed due to lack of evidence supporting the amount.
Resources:
- Tennessee Court of Appeals Cases Database:
- You cansearch through the Tennessee Court of Appeals database for specific precedents.

- Westlaw or LexisNexis:
- These legal research platforms can provide case law and legal precedents.

Tennessee Court of Appeals


Website: [Tennessee Court of Appeals](https://www.tncourts.gov/courts/court-appeals)

Do you need further assistance in finding more specific cases or any other legal advice?

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