Cases | In re Fadden, 530 A.2d 560 | 2018
The defendant sought relief from conditions of probation that required him to make restitution to an arson victim for intentional infliction of emotional distress. The court held that: (1) the defendant’s right to trial by jury was not triggered because the conditions were the voluntarily accepted product of lengthy negotiations between the defendant and the State. To the extent that the agreement addressed civil issues, it operated as a stipulation and resolved any questions of civil liability and damages; (2) there was no prejudicial abrogation of the defendant’s right to due process of law because the amount of restitution was determined through the defendant’s negotiated agreement; (3) the post-conviction court found that the sentencing court adhered to statutory procedures, and applicability of statutory procedures for imposing restitution as a condition of probation is uncertain where restitution is the product of a plea agreement; and (4) the post-conviction court found that restitution was for the victim’s actual damages. Further, the instant case was distinguishable from precedent because the record included a clear indication of the form and amount of damages, in addition to evidence of how the damage occurred.