STATE OF TENNESSEE v. DARNELL HORTON - Articles

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Posted by: Tanja Trezise on Jun 21, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Joy S. Kimbrough, Nashville, Tennessee, for the appellant, Darnell Horton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Travis M. Lampley, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The defendant appeals the denial of his application for pretrial diversion, asserting that the prosecutor abused his discretion and that the trial court erred in affirming the prosecutor’s denial. The State concedes that the prosecutor failed to assign weight to the relevant factors in reaching the decision to deny pretrial diversion. We reverse the judgment of the trial court and remand for further proceedings in accordance with this opinion.

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