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eBook details

• Title: State Tennessee v. Freddie L. Hammersley
• Author : The Supreme Court of Texas
• Release Date : January 25, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

The appellee, Freddie L. Hammersley, was arrested for stealing four hubcaps valued at approximately three hundred dollars ($300.00). The appellee sought to enter into a memorandum of understanding under the provisions of T.C.A., § 40-15-102, et seq., the pretrial diversion statute, with John Hestle, the District Attorney General for Montgomery County, but Mr. Hestle refused to do so. Pursuant to T.C.A., § 40-15-105(b)(3), the appellee petitioned the trial court for a writ of certiorari, alleging that the failure to divert constituted an abuse of prosecutorial discretion. The trial court, Honorable Sam E. Boaz presiding, denied the petition and on appeal to the Court of Criminal Appeals that court reversed. We granted the States application for permission to appeal under T.R.A.P. 11.

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