diversion factors (Tennessee) · Go Syfert
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diversion factors in Tennessee

6 Tennessee opinions name it 1 courts 2010–2026 3 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Dycusgreen
tenn · 2014 · cited in 2 Tennessee opinions naming this issue, 2017–2023
2 sentences

2023This factor weighs neutrally where nothing “in the record reflects anything of note regarding the [d]efendant’s mental and physical health.” State v. Dycus, 456 S.W.3d 918, 931 (Tenn. 2015).

2017See id. at 931 (concluding that when there was nothing of note in the defendant’s physical or mental health, the factor was neutral).

22
State v. Trottergreen
tenn · 2006 · cited in 1 Tennessee opinions naming this issue, 2022–2022
1 sentence

2022State v. Trotter, 201 S.W.3d 651, 654-55 (Tenn. 2006).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. King green
tenn · 2014
1 sentence

2026Id. at 327 . - 37 - This presumption does not apply when the trial court fails to identify and weigh the relevant diversion factors.

12026–2026
State v. Washington green
tenn · 1993
1 sentence

2011In our review on appeal we held that, “[a]lthough the trial court did not elaborate extensively on all of the relevant diversion factors or explicitly state the weight it was applying to each factor, its findings implicitly show the weight it applied and evince a knowledge of the factors it was to consider.” Id.

12011–2011
State v. Parker green
tenncrimapp · 1996
1 sentence

2010If the trial court refused to grant judicial diversion, it should state in the record “the specific reasons for its determinations.” Parker, 932 S.W.2d at 958-59 . -21- The trial court based its denial of diversion on the inaccurate TBI application for certification of eligibility and therefore did not explicitly weigh the diversion factors.

12010–2010

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-313 (5) TN § Tenn. Code Ann. § 40-35-102 (3) TN § Tenn. Code Ann. § 40-35-103 (3) TN § Tenn. Code Ann. § 40-35-401 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 18 (1990–2025) NY 6 (1977–2024) TN 6 (2010–2026) ID 5 (2000–2010) VA 4 (2009–2015) NE 2 (1990–1990) DE 2 (1958–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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