State v. Brady

I. Introduction

{¶ 1} The state appeals from a decision of the Ashtabula County Court of Appeals affirming the trial court’s dismissal of the state’s case against Daniel Brady, which consisted of 50 counts of pandering obscenity and sexually oriented material involving a minor.

{¶2} Two issues are presented on this appeal: whether a trial court may consider evidence beyond the face of the indictment in ruling upon a motion to dismiss an indictment and whether the federal child pornography statutes deprive a defendant of the right to expert assistance in a trial involving charges for pandering…