Topic: a person who is statutorily eligible for pretrial diversion… · Go Syfert
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Topic #11546

7 canonical passages across 6 cases, quoted by 33 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Yancey.

#Case FlagCanonical passage Citers
1 State v. Yancey Anchor
tenn · 2002
green “a person who is statutorily eligible for pretrial diversion is not presumptively entitled to diversion.” 6
2 State v. Winsett
tenncrimapp · 1993
green “as complete an application as circumstances warrant.” 6
3 State v. Curry
tenn · 1999
green “that a defendant, obviously, bears the burden of demonstrating suitability for diversion does not relieve the prosecutor's obligation to examine all of the relevant factors and to set forth the required findings.” 5
4 State v. Hammersley
tenn · 1983
green “the circumstances of the offense and the need for deterrence may alone justify a denial of diversion, but only if (a) all of the relevant factors have been considered as well,” 5
5 State v. Herron
tenn · 1989
green “in the first instance, to provide the prosecuting attorney with sufficient background information and data to enable that officer to make a reasoned decision to grant or deny the relief sought.” 5
6 State v. Pinkham
tenn · 1997
green “in addition to the foregoing items which the prosecutor should include in a written record, he or she should also identify 'any factual disputes between the evidence relied upon and the petitioner's application.” 3
7 State v. Herron
tenn · 1989
green “with sufficient background information and data to enable that officer to make a reasoned decision to grant or deny the relief sought.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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