February 14, 2024, Minnesota Supreme Court Caselaw Update
The Minnesota Supreme Court Releases One Criminal Law Opinion:
In State v. Cummings, A22-0630 (Minn. Feb. 14, 2024), the Minnesota Supreme Court concluded that district courts can consider the defendant’s equity in his home as a “resource” when awarding restitution to the victim of the crime.
The court interpreted the restitution statute, Minnesota Statutes section 611A.045, subdivision 1(a), which states:
“The court, in determining whether to order restitution and the amount of the restitution, shall consider the following factors:(1) the amount of economic loss sustained by the victim as a result of the offense; and (2) the income, resources and obligations of the defendant.” (emphasis added).
The court interpreted the term “resources” and concluded that it unambiguously means “useful and valuable possessions,” which includes the defendant’s equity in his home.
