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Case No. 19-0089

State of Iowa
Joseph Scott Waigand

Defendant appealed from a district court order requiring that he pay $988,636 in restitution in connection with his conviction of ongoing criminal conduct following a guilty plea. Defendant contended the district court: (1) erred in calculating the amount of restitution owed; (2) erred in failing to order an offset for any amounts paid on a corresponding civil judgment; and (3) entered an illegal sentence by ordering the restitution without affording defendant a right to a jury trial to resolve underlying factual issues in violation of his rights under the Sixth Amendment to the United States Constitution and article I section 9 of the Iowa Constitution. Defendant also contended his counsel was ineffective by failing to argue for equitable estoppel. The court of appeals affirmed. Defendant requests further review.



State of Iowa


Joseph Scott Waigand

Attorneys for Resister

Katie Krickbaum

Attorneys for Applicant

Theresa R. Wilson

Supreme Court

Oral Argument Schedule


Dec 15, 2020 9:00 AM


Supreme Court Opinion

Opinion Number:
Date Published:
Jan 22, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 05, 2020

            Appeal from the Iowa District Court for Union County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Mullins, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            Joseph Waigand appeals the order setting victim restitution.  OPINION HOLDS: Finding the district court did not err in setting the amount of victim restitution and Waigand’s counsel was not ineffective for failing to assert a right to a jury trial or equitable estoppel, we affirm.

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