State of Tennessee v. Heather Richardson, 2012 Tenn. LEXIS 4

This appeal consolidates two cases to clarify the remedy for abuse of prosecutorial discretion in denying pretrial diversion.
Richardson was arrested Feb. 17, 2009, and charged with multiple drug offenses; she applied for pretrial diversion and was denied.
Thomason was arrested Dec. 19, 2006, on a drug-related offense; he applied for pretrial diversion and was denied.
The Court of Criminal Appeals found abuse in both cases for failing to weigh all relevant factors and remanded to approve diversion.
The Tennessee pretrial diversion statute allows up to two years of suspended prosecution; eligibility requires meeting statutory criteria.
The Court holds the proper remedy for such abuse is to vacate the ruling and remand to the district attorney general to reassess with all relevant factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Remedy for abuse of prosecutorial discretion in denial of diversion	State concedes abuse; remedy should remand to reconsider	Richardson/Thomason contend appropriate remedy based on appellate standards	Remand to prosecutor to weigh all relevant factors; vacate ruling

State v. McKim, 215 S.W.3d 781 (Tenn. 2007) (defers to weighing factors; not presumed entitlement to diversion)
State v. Bell, 69 S.W.3d 171 (Tenn. 2002) (DA must consider all relevant factors; formalized factors guidance)
State v. Curry, 988 S.W.2d 153 (Tenn. 1999) (denial must be explained with factors; boundaries of review)
Pinkham, 955 S.W.2d 956 (Tenn. 1997) (support for factor-based analysis in diversion decisions)
State v. Washington, 866 S.W.2d 950 (Tenn. 1993) (context for deterrence and ends of justice considerations)
State v. Hammersley, 650 S.W.2d 352 (Tenn. 1983) (early framework for assessing mitigation and diversion)