State of Tennessee v. Allison Elizabeth McLean

In this extraordinary appeal, the Defendant, Allison Elizabeth McLean, appeals the Williamson County Circuit Court’s order affirming the Assistant District Attorney’s (“ADA”) denial of pretrial diversion and the trial court’s refusal to grant an interlocutory appeal of it’s denial of her pretrial diversion request. On appeal, the Defendant argues that (1) the trial court erred in denying the Defendant’s petition for writ of certiorari because the Assistant District Attorney (“ADA”) abused her discretion by (a) failing to support her decision with “substantial evidence;” (b) failing to consider and give proper weight to the Defendant’s amenability to correction; (c) giving weight to the circumstances of the case and the need for deterrence without supporting it with evidence; (d) considering improperly the victim’s age to “enhance” the circumstances of the offense; and (e) giving “little or no weight” to the Defendant’s lack of criminal record and her eight-year marriage; and (2) the trial court erred in denying the Defendant’s application for interlocutory appeal. After a thorough review of the record and relevant authorities, we conclude that the trial court properly affirmed the ADA’s denial of pretrial diversion. Accordingly, we affirm the judgment of the trial court.