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Case No. 19-0822

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Chad Lindsay

Appellee

State of Iowa

Appellant

Chad Lindsay

Attorneys for Appellee

Martha E. Trout, Assistant Attorney General

Attorneys for Appellant

Robert P. Ranschau, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0822
Date Published:
Apr 01, 2020
Summary

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J. (5 pages)

            Chad Lindsay appeals the restitution order entered after he pled guilty to one count of failure to obtain workers’ compensation liability insurance.  OPINION HOLDS:  Because Lindsay’s criminal act supports a civil claim for recovery, the court properly assessed restitution to compensate the victim for pecuniary damages arising from that criminal act.  Lindsay’s claim that his counsel was ineffective in failing to request a setoff for a workers’ compensation award fails because counsel had no duty to request a setoff for a workers’ compensation award when Lindsay had made no payments on the award.

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