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Posts tagged "diversion"

Appellate Court Reverses Denial of Judicial Diversion

Judicial diversion is a sentencing option available to a court in criminal cases in Tennessee for first time offenders and certain eligible offenses. It allows an eligible defendant to avoid a formal conviction if the defendant complies with certain terms and conditions and successfully completes a probationary period of time. The decision of whether to grant or deny judicial diversion is a decision to be made by the sentencing court. But the decision must be made within the confines of established law, and specific factors established by legal precedent. In the recent case of State . Gobble, E2014-01596-CCA-R3-CD (Tenn.Crim.App. 8-12-2015), the Tennessee Court of Criminal Appeals reversed a trial court denial of judicial diversion because the trial court based its decision on an irrelevant (and impermissible) consideration.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

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