State v. Klawonn, 688 N.W.2d 271 (Iowa 2004)

Cases | State v. Klawonn, 688 N.W.2d 271 (Iowa 2004) | 2018

The defendant pled guilty to involuntary manslaughter and was ordered to pay $150,000 to the victim’s estate pursuant to Iowa Code § 910.3B. The defendant appealed the award on constitutional grounds. The court affirmed the award in State v. Klawonn, 609 N.W.2d 515 (Iowa 2000). The victim’s widow filed a civil wrongful death action against the defendant before entry of the restitution order, resulting in a $275,000 civil settlement and an agreement to release the defendant from all claims. The trial court reduced the restitution order by the settlement amount, and the State applied for discretionary review. The district court held that the trial court correctly permitted the settlement to be set off against the restitution order. The settlement was equivalent to a final judgment in the civil action because it covered all damages recoverable in the action without reserving any claims or damages. However, the supreme court held that it would be an “absurd result” to allow an offender to offset paid court-ordered restitution against a subsequent civil judgment, while prohibiting a person from setting off restitution against the final settlement of a civil action arising out of the same facts or event as in a prior criminal proceeding.