State v. Brown, 2014 UT 48

Michael Brown pleaded guilty to unlawful sexual activity with a minor; restitution was ordered to be determined later during probation.
L.N., the alleged victim, filed a notice of claim for restitution seeking $616 in travel costs and $612 in her mother’s lost wages for attending hearings.
The district court struck L.N.’s filing, holding victims are not parties in criminal cases and thus lack standing to file pleadings; it also denied restitution on the merits.
The State filed an identical restitution request on L.N.’s behalf; the district court rejected it, concluding travel and lost wages (when attendance was not compelled) are not recoverable under Utah law.
L.N. appealed the denial to the Utah Supreme Court; the court reviewed de novo whether victims may be limited-purpose parties and whether the claimed expenses constitute compensable “pecuniary damages.”

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a crime victim may file a notice of claim for restitution as a limited-purpose party	L.N.: Victims have a statutory/constitutional right to be heard and may seek restitution directly; statutes allow victims to seek remedies from the judge and to appeal adverse rulings	Brown: Victims are not parties in criminal proceedings; only prosecution may file restitution requests; L.N. lacked standing to file pleadings	Court: Victims are limited-purpose parties with standing to file a restitution request; district court erred in striking L.N.’s filing (error deemed harmless)
Whether travel expenses and lost wages for attending hearings are compensable restitution under Utah law	L.N./State: Travel and lost wages incurred attending hearings are recoverable as pecuniary damages	Brown: Such costs are litigation-related and not recoverable as restitution under the statutory definition of pecuniary damages	Court: Not compensable — restitution limited to pecuniary damages recoverable in a civil action arising from the crime; travel and litigation-related lost wages are excluded; affirmed denial of restitution

City of Grantsville v. Redevelopment Agency, 233 P.3d 461 (Utah 2010) (de novo review of legal determinations)
Utah Transit Authority v. Local 382 of the Amalgamated Transit Union, 289 P.3d 582 (Utah 2012) (definition of mootness and when a case is mooted)
Jenkins v. Swan, 675 P.2d 1145 (Utah 1983) (standing requires injury, causal nexus, and redressability)
State v. Laycock, 214 P.3d 104 (Utah 2009) (distinction between complete restitution and court-ordered restitution)
Hughes v. Cafferty, 89 P.3d 148 (Utah 2004) (supporting Utah law’s approach to recovery limitations)
Blake v. Blake, 412 P.2d 454 (Utah 1966) (authority on damages recoverability principles)