State. v. Holmes
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In this case, Kaitlyn Holmes, a nurse, was convicted of theft and ordered to pay restitution for stealing credit cards from the personal belongings of several employees at a medical clinic in Bozeman, Montana. The Eighteenth Judicial District Court, Gallatin County, also held Holmes responsible for the disappearance of social security cards from the belongings of one of the victims, Brooke Templeton, and included in the restitution order the cost of LifeLock memberships for Templeton and her children.
Holmes appealed the decision, arguing that she should not be held liable for the missing social security cards as she only admitted to stealing the credit cards. She also contested the inclusion of the cost of long-term LifeLock memberships in the restitution order.
The Supreme Court of the State of Montana affirmed the lower court's decision holding Holmes responsible for the missing social security cards, noting that there was sufficient evidence to establish a causal connection between Holmes' crimes and the missing cards. However, the court partially reversed the lower court's decision regarding the restitution order. It held that the cost of the LifeLock memberships, intended to provide broad identity theft protection for the victims, was too attenuated to qualify for restitution under the statute as it was not incurred in the pursuit of the lost property.
The case was remanded for entry of an amended judgment. The court's decision underscores the importance of establishing a clear causal relationship between a defendant's criminal conduct and the pecuniary loss suffered by the victim when determining restitution. This case also highlights the limitations of restitution orders, indicating that secondary expenses, not directly related to the pursuit of lost property, may not qualify for restitution under the statute.
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