Morrow v. State

A trial court abuses its discretion in denying a defense motion to depose a witness in a criminal ease if a good reason is shown for taking the deposition and the failure to allow it causes harm to the defendant. Morrow has not shown this. He pled guilty, and the trial concerned punishment only. He did not allege or demonstrate any surprise. A statement of the witness was used by the defense in cross-examining the witness. Clearly, the trial court did not abuse its discretion in denying the motion to depose the witness. I agree with the conclusion in the majority opinion. These comments…