Post by Logan on Jun 9, 2016 3:51:27 GMT -6
Court rules restitution can be paid from money inmates get from family
The West Virginia Supreme Court on Wednesday ruled that money given to inmates by family and friends can be deducted by a warden to pay court-ordered restitution.
Wade Painter, who was convicted of two counts of first-degree murder in Berkeley County in 2007, filed a petition asking Kanawha Circuit Judge Tod Kaufman to find the warden of Mount Olive Correctional Complex wrong to have deducted money gifted by his family. Painter was sentenced by a Berkeley judge to life without the possibility of parole and ordered to pay nearly $10,000 in restitution.
Kaufman determined that, because Painter’s petition sought to set aside or interpret the intent of a Berkeley circuit judge’s sentencing order, that venue in Kanawha was improper and that he lacked jurisdiction.
However, Painter argued and the Supreme Court agreed in a 4-1 decision that the petition doesn’t require Kaufman to interpret the Berkeley judge’s sentencing order and that funds given to an inmate by family and friends could be deducted for restitution.
- See more at: www.wvgazettemail.com/news-cops-and-courts/20160608/court-rules-restitution-can-be-paid-from-money-inmates-get-from-family
The West Virginia Supreme Court on Wednesday ruled that money given to inmates by family and friends can be deducted by a warden to pay court-ordered restitution.
Wade Painter, who was convicted of two counts of first-degree murder in Berkeley County in 2007, filed a petition asking Kanawha Circuit Judge Tod Kaufman to find the warden of Mount Olive Correctional Complex wrong to have deducted money gifted by his family. Painter was sentenced by a Berkeley judge to life without the possibility of parole and ordered to pay nearly $10,000 in restitution.
Kaufman determined that, because Painter’s petition sought to set aside or interpret the intent of a Berkeley circuit judge’s sentencing order, that venue in Kanawha was improper and that he lacked jurisdiction.
However, Painter argued and the Supreme Court agreed in a 4-1 decision that the petition doesn’t require Kaufman to interpret the Berkeley judge’s sentencing order and that funds given to an inmate by family and friends could be deducted for restitution.
- See more at: www.wvgazettemail.com/news-cops-and-courts/20160608/court-rules-restitution-can-be-paid-from-money-inmates-get-from-family