Tennille v. State, 622 S.E.2d 346 (Ga. 2005). · Go Syfert
Tennille v. State, 622 S.E.2d 346 (Ga. 2005). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (quoted) WILLIAMS, CONGRESSWOMAN v. POWELL (2×) also: Cited as authority (rule)
Ga. · 2024 · quote attribution · 1 verbatim quote · confidence low
a party has standing to challenge the constitutionality of a statute if the statute adversely impacts that party's rights.
discussed Cited as authority (quoted) WILLIAMS, CONGRESSWOMAN v. POWELL (2×) also: Cited as authority (rule)
Ga. · 2024 · quote attribution · 1 verbatim quote · confidence low
a party has standing to challenge the constitutionality of a statute if the statute adversely impacts that party's rights.
cited Cited as authority (rule) New v. State
Ga. Ct. App. · 2014 · confidence medium
Tennille v. State, 279 Ga. 884, 885 (2) ( 622 SE2d 346 ) (2005).
discussed Cited as authority (rule) Matthew Anthony New v. State
Ga. Ct. App. · 2014 · confidence medium
And whether evidence of equal access was “sufficient to rebut any inference of possession arising from discovery of contraband on [New’s] computer was a question for the trier of fact.”33 32 See State v. Hurst, 909 NE2d 653, 665 (¶ 94) (Ohio App. 2009) (holding that defendant’s “use of search terms to certain types of websites demonstrates his affirmative actions to obtain certain images and place them on his computer screen” and that the search terms themselves were further evidence of the defendant’s “knowledge of the content of those images,” making any lack of knowledge …
discussed Cited as authority (rule) State v. Scoles
N.J. · 2013 · confidence medium
See, e.g., Cervantes v. Cates, 206 Ariz. 178 , 76 P.3d 449, 456-57 (Ct.App.2003); Westerfield v. Superior Court San Diego Cnty., 99 Cal.App.4th 994 , 121 Cal.Rptr.2d 402, 405 (2002); Tennille v. State, 279 Ga. 884 , 622 S.E.2d 346, 348 (2005); State v. Second Judicial Dist.
discussed Cited as authority (rule) Morgan v. State
Ga. Ct. App. · 2011 · confidence medium
Tate v. State, 264 Ga. 53, 54 (1) ( 440 SE2d 646 ) (1994). 8 221 Ga. App. 886 ( 473 SE2d 201 ) (1996) (physical precedent only). 9 208 Ga. App. 896 ( 432 SE2d 220 ) (1993) (physical precedent only). 10 See Jacobs v. State, 299 Ga. App. 368, 375 (2) (e), n. 6 ( 683 SE2d 64 ) (2009), citing Court of Appeals Rule 33 (a). 11 See Bowers, supra at 888 (no basis for initiating a traffic stop for violation of OCGA § 40-6-123, where the nearest following car was approximately 100 yards away and there was no evidence to suggest that the road or traffic conditions were such that it was unsafe for the de…
discussed Cited as authority (rule) Mason v. Home Depot U.S.A., Inc.
Ga. · 2008 · confidence medium
Tennille v. State, 279 Ga. 884,885 ( 622 SE2d 346 ) (2005); Agan v. State, 272 Ga. 540 (1) ( 533 SE2d 60 ) (2000); State ofGa. v. Jackson, 269 Ga. 308 (1) ( 496 SE2d 912 ) (1998); Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989).
cited Cited as authority (rule) Abernathy v. State
Ga. Ct. App. · 2006 · confidence medium
Tennille v. State, 279 Ga. 884, 885 (2) ( 622 SE2d 346 ) (2005).
discussed Cited "see" John Marvin Nix v. State (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See Tennille v. State, 279 Ga. 884, 885 (2) ( 622 SE2d 346 ) (2005) (evidence was sufficient to demonstrate defendant possessed child pornography when the images were found on defendant’s computer and the jury rejected the defendant’s equal access defense).
discussed Cited "see" Daly v. State (2×)
Ga. Ct. App. · 2007 · signal: accord · confidence high
Accord Giacini v. State, 281 Ga. App. 426, 431 (2) ( 636 SE2d 145 ) (2006). 9 279 Ga. 884 ( 622 SE2d 346 ) (2005). 10 Id. at 885 (1). 11 (Citations omitted.) Id. 12 See id.
examined Cited "see" Atlanta Taxicab Co. Owners Ass'n v. City of Atlanta (4×)
Ga. · 2006 · signal: see · confidence high
See Tennille v. State, 279 Ga. 884, 885 ( 622 SE2d 346 ) (2005); Agan v. State, 272 Ga. 540, 542 (1) ( 533 SE2d 60 ) (2000); State of Ga. v. Jackson, 269 Ga. 308, 310 ( 496 SE2d 912 ) (1998); Ambles v. State, 259 Ga. 406 (1) ( 383 SE2d 555 ) (1989).
discussed Cited "see, e.g." Beaver v. the State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also Tennille v. State, 279 Ga. 884, 885 (2) ( 622 SE2d 346 ) (2005) (whether evidence of equal access is sufficient to rebut inference of possession *500 arising from discovery of contraband on defendant’s computer was a question for the trier of fact). 2.
discussed Cited "see, e.g." Morris v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See also Tennille v. State, 279 Ga. 884, 885 (1) ( 622 SE2d 346 ) (2005) (noting that other states “have crafted means by which the defense can have meaningful access” to contraband materials “at the heart of the prosecution”).
discussed Cited "see, e.g." Kevin Scott Morris v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence low
See also Tennille v. State, 279 Ga. 884 (1) ( 622 SE2d 346 ) (2005) (noting that other states “have crafted means by which the defense can have meaningful access” to contraband materials “at the heart of the prosecution”).
discussed Cited "see, e.g." State v. Jones (2×)
Ga. Ct. App. · 2007 · signal: see also · confidence low
See also Tennille v. State, 279 Ga. 884 (1) ( 622 SE2d 346 ) (2005) (noting that other states have “crafted means by which the defense can have meaningful access” to contraband materials “at the heart of the prosecution”) (citations omitted); State of Tennessee v. Butler, 2005 WL 735080 , *9 (Tenn. Crim.
Retrieving the full opinion text from the archive…
Tennille
v.
the State
S05A0927.
Supreme Court of Georgia.
Nov 21, 2005.
622 S.E.2d 346
Ernie M. Sheffield, Robert R. McLendon TV, for appellant., Joseph K. Mulholland, District Attorney, for appellee.
Benham.
Cited by 18 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 74%
Citer courts: Supreme Court of Georgia (2)
BENHAM, Justice.

This appeal is from James Tennille’s conviction for sexual exploitation of children. A consent search of Tennille’s home produced photographs of nude young females from a user-created folder on Tennille’s computer titled “2002 side jobs and receipts.” Based on the computer photographic files, Tennille was indicted on 21 counts of sexual exploitation of children in violation of OCGA § 16-12-100 (b) (8). [1] After denying a motion to dismiss based on the asserted unconstitutionality of the statute, the trial court conducted a bench trial at which an expert witness testified that the persons depicted in the photographs taken from Tennille’s computer were under the age of 18. The trial court found Tennille guilty on 12 counts.

1. Tennille contends OCGA § 16-12-100 is unconstitutional because it denies persons charged under the statute effective assistance of counsel, a fair trial, due process, and equal protection of the law. The basis for Tennille’s claim is that subsection (d), [2] which exempts[*885] “the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses ...” from application of subsection (b), where the proscribed conduct is set out, does not have a comparable exemption for defense counsel and expert witnesses for the defense. This absence, he asserts, prevents meaningful access to the material on which the charges against him are based.

Tennille’s attack on the statute runs aground on a basic principle: “ ‘The only prerequisite to attacking the constitutionality of a statute “is a showing that it is hurtful to the attacker. [Cits.]” ’ [Cit.] A party has standing to challenge the constitutionality of a statute if the statute adversely impacts that party’s rights.” Agan v. State, 272 Ga. 540, 542 (1) (533 SE2d 60) (2000). Tennille cannot show the statute adversely impacted his rights because he made no effort to obtain what he contends the statute forbids him. He does not allege and the record does not show that he asked for access to the materials seized from his home for the purpose of preparing for trial. By contrast, when the effect of similar exemptions in similar criminal statutes has come under scrutiny in several other states, it has been in the context of efforts by the defense to obtain the contraband at the heart of the prosecution, and courts in those states have crafted means by which the defense can have meaningful access to the materials at issue. See State v. Butler, 2005 WL 735080 (Tenn. Crim. App. 2005); State v. Second Judicial Dist. Court, 120 Nev. 254 (89 P3d 663) (2004); Cervantes v. Cates, 206 Ariz. 178 (76 P3d 449) (2003); Westerfield v. Superior Court, 99 Cal. App. 4th 994 (121 Cal. Rptr. 2d 402) (2002).

Because Tennille can show no actual impact on him of the statute’s failure to provide expressly for an exemption from its terms for the defense in a criminal prosecution, he lacks standing to challenge the constitutionality of the statute on that ground. Horton v. State, 251 Ga. App. 796 (2) (554 SE2d 812) (2001).

2. Tennille contends the evidence adduced at trial was not sufficient to support his convictions because others had equal access to the material on which the convictions are based. However, whether evidence of equal access is sufficient to rebut any inference of possession arising from discovery of contraband on Tennille’s computer was a question for the trier of fact. Ramsay v. State, 175 Ga. App. 97 (7) (332 SE2d 390) (1985). The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find Tennille guilty beyond a reasonable doubt of the offenses of which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur. [*886] Decided November 21, 2005. Ernie M. Sheffield, Robert R. McLendon TV, for appellant. Joseph K. Mulholland, District Attorney, for appellee.
1

“It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor’s body engaged in any sexually explicit conduct.” OCGA § 16-12-100 (b) (8).

2

“The provisions of subsection (b) of this Code section shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses or to legitimate medical, scientific, or educational activities.” OCGA § 16-12-100 (d).