State v. McKim

OPINION

CORNELIA A. CLARK, J„

delivered the opinion of the court,

in which WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and GARY R. WADE, JJ„ and SHARON G. LEE, Sp.J., joined.

We accepted this extraordinary appeal in order to (1) determine the effect of a district attorney general’s consideration of an irrelevant factor in deciding whether to grant pretrial diversion and (2) clarify when an interlocutory appeal from a denial of pretrial diversion should be granted. In this case, the defendant was indicted for criminally negligent homicide following the death of his daughter after the defendant…