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National Crime Victim Law Institute

Securing Restitution for Oregon Victims

December 22, 2010

NCVLI will be moving to participate as amicus curiae in an upcoming case involving the interpretation of Oregon’s restitution statute.  The defendant in the case was convicted of manslaughter in the second degree, among other charges, after killing one young woman and wounding two others while driving under the influence of nitrous oxide.  After conviction, the mother of the murdered woman was awarded restitution for travel expenses (including food and lodging) relating to her trips to Portland to attend Parents of Murdered Children Meetings, and for reimbursement for flower expenses purchased to leave at the accident site.  The defendant appealed this award, arguing that these expenses were not “necessarily” incurred, as required under Oregon statute.  NCVLI will be supporting the state’s brief, and providing additional support by providing the court with examples of cases from other jurisdictions in which courts properly ordered restitution for similar types of expenses.