State v. Kenny
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
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.
(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 |
| 30 | 08/26/2019 | Judgment Sent to Parties | |
| 31 | 09/05/2019 | Mot. Ext/Time Petition for Rehearing | |
| 32 | 09/05/2019 | ACTION BY CHIEF JUSTICE - Granted : 09/19/2019 | |
| 33 | 09/24/2019 | Mot. Ext/Time Petition for Rehearing | |
| 34 | 09/25/2019 | ACTION BY CHIEF JUSTICE - Granted : 10/04/2019 | |
| 35 | 10/04/2019 | PETITION FOR REHEARING | View |
| 36 | 10/08/2019 | Rec'd 6 copies of PER from CSD | |
| 37 | 10/29/2019 | ACTION BY SUPREME COURT - Denied | |
| 38 | 11/20/2019 | MANDATE |