Kenneth J.
McKenna
Forty-five years of trial and appellate practice in Nevada state and federal courts, including en banc argument before the Ninth Circuit.
It is the ability to go to trial that creates settlement opportunities.
— K. J. M.Forty-Five Years, Drawn as a Line
Every entry below corresponds to a published decision or a documented trial of record. Tier I matters link through to their case page.
- 1980Admitted to the Nevada State Bar
- 1983Videotronics v. Bend Electronics(D. Nev.) — early gaming-industry trade-secret matter
- 1985McKenna v. State(Nev. Sup. Ct.) — capital appeal
- 1988Judas Priest v. Second Judicial Dist. Ct.(Nev. Sup. Ct.) — jurisdictional writ
- 1990Vance v. Judas Priest— nineteen-day bench trial, Washoe County
- 1994Snyder v. Viani(Nev. Sup. Ct.)
- 1995McKenna v. McDaniel(9th Cir.) — capital retrial habeas
- 1997Arco Products v. May(Nev. Sup. Ct.)
- 1998Allum v. Valley Bank(Nev. Sup. Ct.) — wrongful-discharge precedent
- 2002Jespersen v. Harrah’sfiled (D. Nev.)
- 2002Civil Serv. Comm’n v. Dist. Ct.(Nev. Sup. Ct.)
- 2005Dominguez-Curry v. Nevada DOT(9th Cir.)
- 2006Jespersen v. Harrah’s— en banc Ninth Circuit
- 2013Moonin v. NHPfiled (D. Nev.)
- 2017Moonin v. Tice— Ninth Circuit affirmance
A trial record, not a résumé.
Kenneth J. McKenna has practiced Nevada trial and appellate law since 1980. His record includes capital defense, en banc Ninth Circuit argument, a nineteen-day bench trial with the principal judicial examination of First Amendment pre-trial rulings, and Nevada Supreme Court opinions that still define the state's law.
The practice is selective by design. Fees are flat, set at engagement, and paid in full. No hourly billing. Every engagement proceeds on the assumption that the matter will be tried.
Cases That Shaped Nevada Law
An uncurated index of the published record. Tier 1 matters open into a full dossier. Tier 2 and Tier 3 are indexed below for completeness.
Vance v. Judas Priest
The Subliminal Messages Trial.
On December 23, 1985, Raymond Belknap (age 18) and James Vance (age 20) of Sparks, Nevada entered into a suicide pact after hours of listening to the Judas Priest album “Stained Class.” Belknap died at the scene. Vance survived, severely disfigured, and died three years later.
The Belknap family retained Mr. McKenna. The Vance family retained Timothy Post. The two cases merged, with Mr. McKenna taking the lead role. The defense was Judas Priest and CBS Records — represented by counsel with the resources of a major recording label.
- TrialVance v. Judas Priest, Washoe Cty. Dist. Ct. (1990)
- Pre-Trial (writ)Judas Priest v. Second Judicial Dist. Ct., 760 P.2d 137 (Nev. 1988)
Title VII appeal in which the Ninth Circuit reversed summary judgment on hostile work environment and failure-to-promote claims against the Nevada Transportation Department.
Commercial products and economic-loss doctrine before the Nevada Supreme Court. Cited in Nevada commercial-litigation opinions.
Administrative-law writ proceeding on judicial review of civil-service determinations before the Nevada Supreme Court.
Jurisdictional writ proceeding tied to the subliminal-messages litigation that proceeded to bench trial in Vance v. Judas Priest.
Federal commercial litigation involving gaming-industry trade secrets and unfair competition in Nevada’s federal courts.
- 1991D. Nev.Layton v. Yankee CaithnessEnvironmental nuisance
- 19939th Cir.Smith v. SumnerCivil rights (prisoner)
- 1994Nev. Sup. Ct.Snyder v. VianiDram shop / wrongful death
- 19959th Cir.McKenna v. McDanielCapital retrial habeas
- 20069th Cir.Walsh v. Nevada DHRADA / sovereign immunity
- 2011Nev. Sup. Ct.State v. LinstromOral argument (respondent)
Four Domains of Selective Representation
The practice accepts matters where the legal complexity and financial exposure justify the engagement. Scope is established at consultation; fees are flat and paid in full at retention.
Death-penalty-qualified Nevada criminal defense with four decades of trial experience. From first-degree murder to federal criminal matters, Mr. McKenna represents clients facing the most serious charges Nevada’s courts can bring.
- 01.Capital and first-degree murder
- 02.Federal criminal matters (D. Nev.)
- 03.Sexual assault defense
- 04.Complex multi-defendant prosecutions
Does not accept DUI, misdemeanors, or routine criminal matters.
One Fee. One Contract. Paid in Full.
The flat fee is a discipline. Every motion that should be filed is filed, every deposition that should be taken is taken. The client is never asked to weigh thoroughness against cost.
Flat fee. No hourly billing. No budget meetings. The minimum engagement covers representation through trial.
For contract trial counsel engagements — local, co-counsel, or appellate — structured by matter.
Every minute of attorney attention the matter requires. Meetings, calls, correspondence, court appearances, strategy sessions — all included.
Every motion the matter calls for. Motions to suppress, to dismiss, in limine, for summary judgment. Drafted, filed, argued.
Every deposition, subpoena, and document production the case requires. Discovery is driven by the matter, not the budget.
Attorney time spent retaining, preparing, and examining experts. Expert fees themselves are billed separately.
Representation through trial, including preparation, voir dire, examination, argument, and all in-court attorney time.
In criminal matters, first direct appeal from any judgment of conviction. Covered under the original engagement.
Trial counsel for attorneys.
When a Nevada case has reached the point where a lawyer whose career exists because of trials must appear of record — to try it, to supervise its trial, or to carry its appeal.
Retainers begin at $100,000, structured by the specific engagement. Discreet, case-specific, and structured to preserve your firm's client relationship.
- LOCAL COUNSELAdmission, filings, and procedural presence in Nevada state and federal courts for out-of-state firms.
- CO-COUNSELShared representation with your firm — Mr. McKenna on trial strategy, motion practice, and court appearances.
- SENIOR TRIAL COUNSELFirst-chair trial attorney on matters your firm has built but needs to try.
- EN BANC / APPELLATENinth Circuit appellate briefing and argument, including en banc proceedings.
Begin a conversation.
Mr. McKenna reviews inquiries personally. A conflict check is run before any response. A considered reply follows within two business days for matters that meet the criteria of the practice.
- 01.Conflict check
Your identifying information is run against the existing client list before any response. This is not optional.
- 02.Initial response
If there is no conflict, expect a response within two business days — from Mr. McKenna, not a screener.
- 03.Private conversation
A private call or meeting to discuss the matter confidentially, before any engagement exists.
- 04.Engagement, or referral
If the matter fits, a written engagement letter follows. If not, a considered referral to counsel who is a better fit.
The intake form is three steps.
Submitting an inquiry does not create an attorney-client relationship. Information sent here is not protected by attorney-client privilege until such a relationship is formed in writing.