Justices require new appeal for challenging victim awards
Posted April 19
WASHINGTON — The Supreme Court says a person convicted of a crime and later ordered to pay the victim must file a separate appeal to challenge the order.
The justices on Wednesday ruled 6-2 against a Florida man who was convicted of possessing child pornography and ordered to pay $4,500 to cover the victim's loss. Marcelo Manrique appealed his conviction, but not the restitution order, which came about two months later.
Manrique argued his initial appeal covered the later judgment. But the Supreme Court said he should have filed a second appeal when restitution was ordered. A federal appeals court also ruled against him.
The decision clarifies an area of law that has confused lower courts about when appeals must be filed to challenge orders that can come months after conviction.