State of Tennessee v. Cody Matthew Headrick

The State appeals from the Hamilton County Criminal Court’s decision to order the prosecution to grant pretrial diversion to the defendant, Cody Matthew Headrick, who was indicted for vehicular homicide. First, the State maintains that an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure lies from the trial court’s overruling the denial of diversion by the assistant district attorney general. In the alternative, the State requests that this court treat its improperly-filed Rule 3 appeal as an extraordinary appeal under Rule 10 of the Tennessee Rules of Appellate Procedure. See Tenn. R. App. P. 3(c), 10(a). Second, the State argues that the trial court erred in reversing the assistant district attorney general’s denial of pretrial diversion. Upon our review, we hold that the State’s appeal does not present a proper Rule 3 appeal and that, although the case does meet the threshold of Rule 10 review, the order should be affirmed.