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

Parties' Statement of Issues

  • Appellant

    I.Whether N.D.C.C. § 12.1-31.2-01(5) violates the constitutional right to due process.
    II.Whether N.D.C.C. § 12.1-31.2-01 was constitutionally overbroad as applied to Ms. Kenny.
    III.Whether there was insufficient evidence to convict Ms. Kenny of violating a disorderly conduct restraining order.

  • Appellee 1

    I. Whether N.D.C.C. § 12.131.2-01(5) violates an individual's constitutional right to due process.
    II. WhetherN.D.C.C. § 12.1-31.2-01 is constitutionally overbroad, as-applied to Ms.Kenny.
    III. Whether there was sufficient evidence presented at the jury trial to support the January 22, 2019 Criminal Judgment.


Summary

Donna Kenny appeals from a criminal judgment after a jury found her guilty of violating disorderly conduct restraining orders.
On September 27, 2018, a district court referee entered two temporary disorderly conduct restraining orders against Kenny, which were sought by two neighbors who live in the same five-unit condominium. A hearing on the temporary orders was scheduled for October 8, 2018. On September 28, 2018, Kenny was arrested for violating the restraining orders. On October 1, 2018, the State filed a complaint charging Kenny with two counts of violation of a disorderly conduct restraining order, both class A misdemeanors. Kenny pleaded not guilty to the charges and proceeded to trial. In January 2019, the district court held a jury trial, and she was found guilty of both counts. The court sentenced her to 360 days in jail, all but four days suspended, with four days’ credit and 360 days of unsupervised probation.
On appeal, Kenney argues that the statute providing for a disorderly conduct restraining order violates the constitutional right to due process; that the statute was constitutionally overbroad as applied to her; and there was insufficient evidence to convict her of violating a disorderly conduct restraining order.


Briefs

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

Counsel

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

(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