Index of Precedent Decisions

• Board Reverses Precedent Decision 04-04

BURDEN OF PROOF

Applicant's failure to testify is a bar to program eligibility:

• Precedent Decision No. 01-03, adopted 8/10/01

Evidence of a crime requires more than unsubstantiated reports:

• Precedent Decision No. 02-01, adopted 10/25/02

There is a threat of injury presumed when a burglary of a residence occurs while victim is present and aware of the crime:

• Precedent Decision No. 12-01, adopted 3/15/12

COOPERATION WITH LAW ENFORCEMENT

Barriers to cooperation with law enforcement:

• Precedent Decision No. 01-08, adopted 10/19/01

Victim's failure to cooperate with law enforcement is a bar to program eligibility:

• Precedent Decision No. 01-06, adopted 10/19/01

Parent's duty to make children available for questioning:

• Precedent Decision No. 01-05, adopted 9/28/01 

INVOLVEMENT IN THE EVENTS LEADING TO THE CRIME

Sober passenger unaware that driver was under the influence:

• Precedent Decision No. 01-07, adopted 10/19/01

Victim involved in selling drugs at the time of the crime:

• Precedent Decision No. 01-09, adopted 10/19/01 

LIMITS ON COMPENSATION

A reduction of a felony conviction to a misdemeanor is not retroactive for compensation purposes:

• Precedent Decision No. 11-01, adopted 5/19/11

Compensation is based on the law in effect at the time the application was submitted:

• Precedent Decision No. 11-02, adopted 5/19/11 

Reimbursement of psychological evaluation ordered by family law court not an eligible expense:

• Precedent Decision No. 03-03, adopted 10/24/03