State of Washington v. Tim Garland Kendall
33700-6
| Wash. Ct. App. | Feb 14, 2017Background
- Timothy Kendall (61) was charged with delivery of methamphetamine and third-degree rape of A.I. (22) after a trip during which they used drugs; jury acquitted on rape but convicted for delivery.
- A.I. reported the incident when she sought a hospital exam for an alleged sexual assault; her account and hospital testing informed the investigation.
- A.I. testified she and Kendall shared methamphetamine and that Kendall supplied it, though she had periods of uncertainty while high.
- Kendall admitted they shared methamphetamine and had prior experience with the drug; his identity and knowledge of the substance were not contested.
- Toxicology: A.I.’s blood had no methamphetamine, but her urine tested positive; expert testimony explained methamphetamine clears blood within about 15 hours but remains longer in urine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was evidence sufficient to prove Kendall knowingly delivered methamphetamine? | The State: A.I.'s testimony, Kendall's admission, and positive urine test establish delivery beyond a reasonable doubt. | Kendall: Evidence insufficient to prove delivery because of A.I.'s uncertainty and lack of meth in blood. | Yes. Viewing evidence favorably to the State, a rational jury could find Kendall knowingly delivered methamphetamine. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes the standard for evidentiary sufficiency under the Due Process Clause)
- State v. Green, 94 Wn.2d 216 (Washington follows the Jackson sufficiency standard)
- State v. Boyer, 91 Wn.2d 342 (elements of delivery offense require knowing delivery of a controlled substance)
