KAYS v. STATE

No. 42S05-1107-CR-441.

963 N.E.2d 507 (2012)

Rebecca D. KAYS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 20, 2012.


Attorney(s) appearing for the Case

Cara Schaefer Wieneke , Special Assistant to the State Public Defender, Wieneke Law Office, LLC, Plainfield, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Stephen R. Creason , Chief Counsel, Attorney General of Indiana, Indianapolis, IN, Attorneys for Appellee.


RUCKER, Justice.

In this case we address the propriety of a trial court's restitution order against a criminal defendant whose income is comprised entirely of social security disability benefits.

Facts and Procedural History

Rebecca Kays and her next-door neighbor, Cheryl Wolfe, had a dispute over their common property line in Knox County. After a surveyor had placed metal posts on the line to mark it, Wolfe placed PVC pipes over the posts to make...

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