Mr. Clapper pleaded guilty to assault, and was sentenced to one year in jail. The Judge also ordered him to pay $18,862.72 in restitution for his girlfriend’s medical bills. Clapper’s lawyer argued that, because of a 2000 U.S. Supreme Court case, the amount of the award had to be submitted to a jury and proved beyond a reasonable doubt.
Clapper won! at the appellate level. The Nebraska Supreme court said otherwise, ruling 6-1 that a criminal defendant has no right to a jury trial on the amount of restitution.