State of Tennessee v. James N. Harrell - Dissenting

Case Number
M2005-01074-CCA-R9-CO

Respectfully, I dissent from the majority’s conclusion that the prosecutor’s rejection of pretrial diversion rests upon sold legal bases. To be sure, the prosecutor carefully considered and discussed all criteria relevant to his pretrial diversion determination. Thus, my departure from the majority is not grounded upon any shortcomings in the prosecutor’s effort; rather, I conclude that despite his thorough response to the petition, he ultimately relied upon grounds that do not legally support the denial of diversion.

Authoring Judge
Judge James Curwood Witt, Jr.
Originating Judge
Judge Larry B. Stanley, Jr.
Case Name
State of Tennessee v. James N. Harrell - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
Download PDF Version