State of Tennessee v. Daniel Shane Malone

The defendant was indicted for statutory rape and contributing to the delinquency of a minor.  Thereafter, the trial court ordered an investigation to determine whether the defendant was suitable for pretrial diversion. Before the defendant filed an application for pretrial diversion, but after a pretrial investigation report was submitted, the prosecutor denied pretrial diversion. The trial court granted the defendant’s writ of certiorari and reversed the prosecutor’s decision. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the State was granted permission for an interlocutory appeal to this Court. On appeal, this Court reversed the decision of the trial court and remanded the case for further proceedings. State v. Daniel Shane Malone, No. W1999-01678-CCA-R9-CD (Tenn. Crim. App., at Jackson, Nov. 8, 2000), perm. app. denied (Tenn. March 4, 2002). The defendant then filed an original application for pretrial diversion.  Again, the prosecutor denied pretrial diversion. The trial court granted a writ of certiorari and, thereafter, determined that the prosecutor did not abuse his discretion. The defendant sought, and was granted, permission to take an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. We granted the appeal to address the defendant's contention that the prosecutor abused his discretion in denying pretrial diversion. Upon review, we conclude that the prosecutor failed to consider and weigh all relevant factors including substantial evidence favorable to the defendant. Consequently, we reverse the judgment of the trial court and remand this case to the prosecutor for further consideration of all relevant factors attendant to the defendant’s pretrial diversion application.