Appellate oral argument: defense urges reversal of denial of judicial diversion for Joshua Wilson

Joshua Wilson, the appellant, asked the Tennessee Court of Criminal Appeals to reverse and remand the trial court's denial of judicial diversion after he pleaded guilty to a Class C felony charge of tampering with evidence.

At oral argument, Josie Holland, counsel for the appellant, told the court: "My name is Josie Holland, and I represent the appellant, Joshua Wilson. I'd like to request 4 minutes for rebuttal, please. Alright. This case concerns the denial of judicial diversion to a plea on a c felony tampering with evidence." Holland argued the trial court failed to make the individualized findings required by Tennessee law and controlling case law and that, even when factors were discussed, they were misapplied. "The presumption of reasonableness should only be afforded where the court considered and weighed the relevant factors on the record and explained its reasoning," Holland said, summarizing the defense's central procedural objection to the trial court's ruling.

Why this matters: Judicial diversion is an alternative…