State v. Kenny

Citations

• 2019 ND 218
• 932 N.W.2d 516

Syllabus

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.