Supreme Court of Colorado

The People of the State of Colorado v. Nicolette Padilla-Lopez — Eid, J., Dissenting

June 25, 2012279 P.3d 651

Summary

The dissent argues that the majority misread the governing restitution precedent by reinstating a direct-victim requirement that precedent had rejected. It contends that the Department of Human Services could qualify as a victim for extraordinary in-home therapy costs that were proximately caused by the defendant's child abuse, and that stare decisis did not compel the majority's contrary result. The dissent would remand to determine whether the restitution order included only extraordinary therapy costs.