State v. Kenny
- State of North Dakota, Plaintiff and Appellee
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
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.
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.
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.
(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.|
|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|
|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|