Wrongly Convicted Database Record

 

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Brian Kendall

 

Charge:

Drug Related (Possession or sale)

Sentence:

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2014

Year Cleared:

2015

U.S. State or Country of Crime:

Northern Mariana Islands

County or Region of Crime:

Saipan

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Brian Kendall was wrongly convicted of possession of a controlled substance in 2013 on the island of Saipan. Kendall's prosecution was based on the police discovering a marijuana plant east of his home. During Kendall's trial the prosecution didn't introduce any direct or circumstantial evidence that Kendall was in possession of the plant, or that it was even his plant -- only that it was near his home and it wasn't even on his property. After Kendall's conviction by a jury he appealed. On December 29, 2015 the Supreme Court of the Northern Mariana Islands reversed Kendall's conviction on the basis the prosecution introduced insufficient to prove his guilt beyond a reasonable doubt. The Court's ruling stated: "... no direct or circumstantial evidence was adduced that could tie Kendall with possession of the plant. The record, viewed in the light most favorable to government, merely indicates that a potted marijuana plant was found to the east of Kendall’s home. ... We require more evidence than a mere statement that a marijuana plant was found to the east of Kendall’s home to find constructive possession. Because the Commonwealth failed to show Kendall exercised actual or constructive possession of the marijuana plant, we need not analyze the second and third elements of the crime, and we conclude there is insufficient evidence supporting Kendall’s conviction for Possession of a Controlled Substance." Commonwealth of the Northern Mariana Islands v. Brian Kendall, No. 2013-SCC-0029-CRM (Supreme Court, 12-29-2015)."

Conviction Caused By:

Innocence Proved By:

"On December 29, 2015 the Supreme Court of the Northern Mariana Islands reversed Kendall's conviction on the basis the prosecution introduced insufficient to prove his guilt beyond a reasonable doubt."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Commonwealth of the Northern Mariana Islands v. Brian Kendall, No. 2013-SCC-0029-CRM (Supreme Court, 12-29-2015) (Reversing Kendall's conviction on the basis the prosecution introduced insufficient to prove his guilt beyond a reasonable doubt.)"

Information Location 1:

http://www.cnmilaw.org/pdf/supreme/2015-MP-14.pdf

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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