Kimberlie Tilley v. State of Arkansas
2024 Ark. App. 19
Ark. Ct. App.2024Background
- Kimberlie Tilley was placed on six years’ probation in October 2021 after pleading guilty to second-degree forgery.
- The State filed a petition to revoke her probation in July 2022 after she was arrested for possession of methamphetamine and drug paraphernalia.
- A supplemental petition was filed in September 2022 after another arrest for similar charges and tampering with physical evidence.
- At the revocation hearing, police testified that methamphetamine and drug paraphernalia were found in Tilley’s belongings and that another instance involved drugs found after a hospital search following her arrest.
- Tilley denied ownership or possession of the drugs and argued that at least one alleged confession was an attempt to get medical care.
- The circuit court found Tilley's testimony not credible, concluded she violated probation, and sentenced her to ten years’ imprisonment, which Tilley appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for revocation | Tilley claimed evidence was insufficient; drugs were not hers; confession to swallowing drugs was false | State presented police testimony, physical evidence, and argued Tilley's lack of credibility | Evidence was sufficient to revoke probation |
| Possession based on proximity/association | Tilley argued items could have belonged to others (another man in camper, ownership of bag) | State pointed to drugs found with her wallet/ID and her statements | Possession supported by evidence and credibility findings |
| Methamphetamine found at hospital | Tilley offered no specific argument | State relied on unchallenged finding of drugs in hospital bed | Affirmed due to lack of challenge to independent ground |
| Standard for revocation | Tilley implicitly challenged sufficiency threshold | State argued standard met (preponderance, not beyond reasonable doubt) | Court applied correct lower burden standard |
Key Cases Cited
- Morgan v. State, 2020 Ark. App. 212 (revocation proof standard is preponderance of the evidence and only requires one violation)