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Posted by: Tanja Trezise on Jan 16, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Amy P. Weirich, District Attorney General, and Garland Erguden, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Thomas E. Hansom, Memphis, Tennessee for the appellee, Mark Weatherly.

Judge(s): SMITH

Appellant, Mark Weatherly, was indicted by the Shelby County Grand Jury for vehicular homicide and two counts of aggravated assault. The jury acquitted Appellant of vehicular homicide and was unable to reach a verdict on the lesser included offense of reckless homicide and the other charged offense of aggravated assault. The trial court declared a mistrial with regard to these offenses. Appellant’s request for pretrial diversion was denied by the prosecutor. Appellant filed a writ of certiorari with the trial court. The trial court granted Appellant’s writ of certiorari and concluded that the assistant district attorney general had abused his discretion and ordered the prosecutor to enter into a memorandum of understanding that placed Appellant on pretrial diversion. This Court granted the State’s application for interlocutory appeal. After a thorough review of the record, we find that the trial court’s decision is supported by a preponderance of the evidence and affirm.