State of Tennessee v. Donnie Glenn Thompson

The Defendant, Donnie Glenn Thompson, was indicted for one count of stalking his former wife, Kimberly McClinsey. The Defendant subsequently submitted an application for pretrial diversion on this charge, see Tenn. Code Ann. § 40-15-105. The district attorney general denied the Defendant’s request for pretrial diversion. The Defendant sought review by the trial court, and the trial court found no abuse of discretion by the district attorney general. The Defendant now appeals from the trial court’s ruling. Finding that the district attorney general abused his discretion in analyzing the Defendant’s application for pretrial diversion, we reverse the judgment of the trial court and remand this matter to the district attorney general for further consideration.