People v. Turn
317 Mich. App. 475
| Mich. Ct. App. | 2016Background
- Defendant Dakota Turn pleaded guilty to assault with intent to commit murder and received an 18½–35 year sentence as a third habitual offender.
- Victim Nathaniel Scramlin was stabbed, hospitalized for ~2.5–3 days, and required time off work to recuperate per doctor’s orders.
- Scramlin used 112 hours of accumulated sick, personal, and vacation leave while recuperating; his employer paid him at an after-tax rate of $19.23/hour for that time.
- The trial court ordered Turn to pay restitution for medical expenses and other items and, after a hearing and briefing, awarded $2,153.77 for the economic value of Scramlin’s lost accumulated leave time.
- Turn challenged the award on appeal, arguing the Crime Victim’s Rights Act did not authorize restitution for use of accrued leave; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution may include value of used accrued sick/personal/vacation leave | Restitution statute requires "full restitution" to victims; lost accumulated leave has monetary value and is income loss | Statute does not expressly authorize restitution for use of accrued leave; victim was paid by employer, so no income loss | Award affirmed: lost accrued leave is after-tax income loss and restitutionable |
Key Cases Cited
- People v. Garrison, 495 Mich. 362 (Mich. 2014) (defines "full restitution" as complete and maximal and treats listed restitution items as non-exhaustive)
- People v. Fawaz, 299 Mich. App. 55 (Mich. Ct. App. 2012) (standard for clear-error review of factual findings)
- People v. Gubachy, 272 Mich. App. 706 (Mich. Ct. App. 2006) (standard for abuse of discretion in restitution orders)
- People v. Corbin, 312 Mich. App. 352 (Mich. Ct. App. 2015) (interpreting "income" in the Crime Victim's Rights Act to include wages/salary)