(DOWNLOAD) "Steinbuch v. State" by Minnesota Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Steinbuch v. State
- Author : Minnesota Supreme Court
- Release Date : January 04, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Office of Appellate Court Stearns County OPINION Appellant, Dale Robert Steinbuch, was convicted in September 1992 of two counts of first-degree murder and one count of second-degree murder for the murder of his wife, daughter, and stepdaughter. In November 1992, the trial court sentenced Steinbuch to two consecutive life terms plus 305 months. Steinbuch was also ordered to pay restitution in the amount of $12,208.09 to the estate of his wife, Geraldine O'Meara Steinbuch, 1 and $10,237 to the Minnesota Crime Victim's Reparation Board. 2 Steinbuch was further ordered to pay $8,317.19 to Stearns County for prosecution costs. 3 We affirmed the convictions on direct appeal. See State v. Steinbuch, 514 N.W.2d 793 (Minn. 1994). 4 In October of 1997, Steinbuch filed a petition for post-conviction relief with the Stearns County District Court. Steinbuch sought an order declaring that he did not have to pay any further restitution, and that he should be refunded any restitution already paid. Steinbuch based this request on his assertions that the trial court abused its discretion by: (1) ordering Steinbuch to pay restitution without first determining whether he had an ability to pay; (2) failing to make a factual basis in the record for the victims' loss; (3) failing to itemize the victims' losses; (4) failing to notify Steinbuch and his attorney before the hearing that it was going to order restitution; and (5) failing to hold the state to its burden of proof with regard to the victims' loss before ordering restitution. In an affidavit attached to the petition for post-conviction relief, Steinbuch now alleges that a recent injury he sustained at his prison job might prevent him from working and thus earning the money needed to pay the court-imposed restitution and prosecution costs.