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Morris v. State

The defendant did not show that, without federal immunity from prosecution, he would be unable to obtain the services of any expert forensic examiner in his trial on 45 counts of sexual exploitation of children arising from movies and images on his computer.

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The appeal follows the grant of Kevin Scott Morris’ application for interlocutory review of the trial court’s denial of his motion to dismiss his indictment for due process and fair trial violations. Upon our review, we affirm.

On November 19, 2008, Morris was indicted for 45 counts of sexual exploitation of children for the knowing possession of movies and images of minors engaged in sexually explicit conduct on his home computer. On December 22, 2008, he filed a “Motion for Discovery and Inspection of all Evidence Favorable to the Defendant” and notice of election to proceed under OCGA § 17-16-1. Thereafter, on January 15, 2009, Morris filed a motion for a ruling on preemption in which he asked that the trial court rule on whether the federal pornography statute preempts the Georgia statute. On that same day, he filed several additional motions, including a discovery motion for the State to provide him with a copy of all the “seized media,” and a motion to dismiss for constitutional violations. He alleged that federal law criminalized his defense-related conduct, such as possession of pornographic images of children, and thus anticipated that he would be unable to prepare for trial in the same way afforded by the State. The record also includes a “Notice of Motion Hearing” filed on August 18, 2009 setting a hearing on “all pending motions” for September 9, 2009. There is no transcript of the hearing or orders reflecting the disposition of the motions included with the record, but the State later refers to an evidentiary hearing during that time period.

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