State of Tennessee v. Charlotte McCarter

In this extraordinary appeal, the Defendant-Appellant,Charlotte McCarter, appeals the Sevier County Circuit Court’s order refusing to grant an interlocutory appeal regarding the denial of pretrial diversion. On appeal, McCarter argues that the prosecutor abused her discretion in denying her application for pretrial diversion by: (1) failing to properly consider her amenability to correction; (2) making “rote statements” that the evidence weighed in favor of denying pretrial diversion instead of properly weighing the relevant factors; (3) relying on the circumstances of the offense and the need for deterrence, where these factors were not of such “overwhelming significance” to justify the denial; and (4) failing to have “substantial evidence” to support her decision to deny pretrial diversion. Upon review, we affirm the judgment of the trial court.