State of Tennessee v. Heather Richardson

OPINION

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 for pretrial diversion and the trial court ruled there was no abuse of discretion. The Court of Criminal Appeals decided in each case that there was an abuse of discretion because the prosecutor…