STATE OF TENNESSEE v. SUSAN GAIL STEPHENS - Articles

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Posted by: Barry Kolar on Jul 7, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Edward M. Yarbrough and J. Alex Little, Nashville, Tennessee, for the Appellant, Susan Gail Stephens.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; Craig Northcott, District Attorney General; and Jason M. Ponder, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): HOLLOWAY

In this interlocutory appeal, Susan Gail Stephens (“the Defendant”) challenges the prosecutor's denial of her application for pretrial diversion. She asks this court to remand the case to the prosecutor with instructions that the Defendant be granted pretrial diversion. She also asks us to instruct the prosecutor to grant pretrial diversion nunc pro tunc to the Defendant's 2012 update to her application for pretrial diversion. Upon review, we find that there is no substantial evidence in the record to support the denial of pretrial diversion. Accordingly, we reverse the order of the trial court and remand the case to the trial court with instructions that the Defendant be granted pretrial diversion upon the terms and conditions of the diversion to be established by the trial court. However, we decline to instruct that pretrial diversion be granted nunc pro tunc to 2012.

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