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STATE v. PICKETT

211 S.W.3d 696 (2007)

STATE of Tennessee v. Kelly Michael PICKETT. and State of Tennessee v. Gregory T. Harwood.

Supreme Court of Tennessee, at Nashville.

January 22, 2007.

Attorney(s) appearing for the Case

Mark C. Scruggs, Nashville, Tennessee, for the appellant, Kelly Michael Pickett.

Jodie A. Bell and Wendy S. Tucker, Nashville, Tennessee, for the appellant, Gregory T. Harwood.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Bernard McEvoy and Brian K. Holmgren, Assistant District Attorneys General, for the appellee, State of Tennessee.

OPINION

GARY R. WADE, J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J., JANICE M. HOLDER, and CORNELIA A. CLARK, JJ., and ADOLPHO A. BIRCH, JR., SP. J., joined.

We granted the appeal in each of these cases to determine the constitutionality of Tennessee Code Annotated section 39-17-1003 (2003), which prohibits the possession of child pornography. Initially, the statute is neither unconstitutionally vague nor overbroad. Secondly, we...

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