State v. Spears

OPINION

SCOTT, Judge.

The appellant was indicted for one count of assault and battery upon two police officers. He sought pre-trial diversion. The District Attorney General by undated letter informed his counsel that pre-trial diversion was denied for six reasons. Certiorari was not sought before the Circuit Judge in accordance with T.C.A. § 40-15-105(b)(3). The case went to trial and resulted in a mistrial because the jury was unable to agree.

Subsequently, the appellant again sought pre-trial diversion and it was again denied by the District Attorney General for the same reasons set forth in…