STATE v. RICHARDSON

Nos. M2010-01360-SC-R11-CD, W2007-02910-SC-R11-CD.

357 S.W.3d 620 (2012)

STATE of Tennessee v. Heather RICHARDSON. and State of Tennessee v. Brian David Thomason

Supreme Court of Tennessee, at Jackson.

January 20, 2012.


Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; William E. Young , Solicitor General; Lacy Wilber , Assistant Attorney General; William C. Whitesell, Jr. , District Attorney General, 16th District; Garry G. Brown , District Attorney General, 28th District; Harold E. Dorsey , Assistant District Attorney General, 28th District; and Jennings Jones , Assistant District Attorney General, 16th District, for the appellant, State of Tennessee.

John G. Mitchell, III , Murfreesboro, Tennessee, for the appellee, Heather Richardson.

Gregory W. Minton , Jackson, Tennessee (on appeal); Mark L. Agee , Trenton, Tennessee (at trial), for the appellee, Brian David Thomason.


OPINION

SHARON G. LEE, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ., joined.

We granted the State's applications for permission to appeal in these two cases to clarify the remedy that should be applied when there is an abuse of prosecutorial discretion in the denial of an application for pretrial diversion. In each case, the prosecutor denied the defendant's petition...

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