State v. Kenny

Docket No. 20190030
Oral Argument: Monday, June 24, 2019 11:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Donna Jeanne Kenny, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
Appeal From
Case No. 2018-CR-03093
South Central Judicial District, Burleigh County
John W. Grinsteiner
2019 ND 218

Highlight

The constitutionality of a statute is a question of law, and the statute will be upheld unless its challenger can demonstrate the statute’s unconstitutionality. The doctrine of overbreadth prohibits a law from criminalizing constitutionally protected activity.
A temporary restraining order, which may be issued ex parte without a hearing, is a species of injunction, typically brief in duration, that has as its purpose maintaining the status quo until a determination can be made on the temporary injunction issue.
A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor.


Briefs

Filing Date Description
05/03/2019 APPELLANT BRIEF View
06/10/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Justin Jon Schwarz - 05784
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/24/2019 NOTICE OF APPEAL : 01/24/2019
2 01/24/2019 ORDER FOR TRANSCRIPT : 01/28/2019
3 01/28/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 01/28/2019 Notice served on Benjamin C. Pulkrabek and Justin J. Schwarz
5 02/05/2019 Rec'd assignment of counsel, Kiara Kraus-Parr has been court appointed for the Appellant
6 02/25/2019 ELEC. RECORD ON APPEAL DATED FEBRUARY 22, 2019 (ENTRY NOS. 1-40)
7 03/26/2019 ELECTRONIC TRANSCRIPT DATED JANUARY 22, 2019 & C.O.S.
8 05/03/2019 APPELLANT BRIEF View
9 05/03/2019 APPELLANT APPENDIX
10 05/08/2019 Received Certificate of Service on Indigent Defendant
11 05/10/2019 Rec'd 6 copies each of ATB & ATA from Central Duplicating
12 05/13/2019 Rec'd $25 e-filing surcharge for ATB (Receipt #27057)
13 05/20/2019 MOT. EXT/TIME APPELLEE BRIEF (30 days)
14 05/21/2019 ACTION BY ACTING CHIEF JUSTICE - Denied
15 05/22/2019 NOTICE OF ORAL ARGUMENT SENT
16 05/29/2019 MOT. EXT/TIME APPELLEE BRIEF
17 05/29/2019 ACTION BY ACTING CHIEF JUSTICE - Granted : 06/10/2019
18 06/10/2019 APPELLEE BRIEF View
19 06/08/2019 MOTION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL STATEMENT
20 06/10/2019 ACTION BY SUPREME COURT - Granted : 06/17/2019
21 06/11/2019 Rec'd 6 copies of AEB back from Central Duplicating
22 06/12/2019 Supplemental Statement of Indigent Defendant View
23 06/18/2019 2nd Supplemental Statement of Indigent Defendant View
24 06/20/2019 Rec'd $25.00 payment for AEB (receipt #27116)
25 06/24/2019 APPEARANCES: Kiara C. Kraus-Parr; Justin J. Schwarz
26 06/24/2019 ARGUED: Kiara C. Kraus-Parr; Justin J. Schwarz
27 06/24/2019 ORAL ARGUMENT WEBCAST
28 08/22/2019 DISPOSITION
29 08/22/2019 UNANIMOUS OPINION : Crothers, Daniel John View