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Appeals panel hears challenge to denial of judicial diversion for Justin Keith Willoughby
Summary
Appellate attorneys argued whether the trial court erred in denying judicial diversion to Justin Keith Willoughby while imposing probation. Appellant counsel said the court failed to articulate why probation, but not diversion, was appropriate; the state said the court reasonably relied on the offense circumstances and victim harm.
An appellate panel in Tennessee heard arguments on whether the trial court improperly denied judicial diversion to Justin Keith Willoughby while imposing probation.
Appellant attorney Catalina Goodwin told the court that the trial court “abused its discretion by denying judicial diversion to Justin Keith Willoughby, a young, first time offender” and that the court failed to explain why probation was appropriate but diversion was not. Goodwin urged the panel to review the denial de novo because, she said, the trial court applied incorrect legal standards and gave undue weight to certain factors.
Why it matters: Judicial diversion, when available, can allow eligible defendants to avoid a permanent criminal conviction if they meet program terms. Whether a court must separately articulate why it denies diversion but grants probation affects appellate review standards and the availability of diversion for other defendants.
During argument, Goodwin contended the trial court erred in how it weighed several Rogers/Parker/Trent sentencing factors, including amendability to correction,…
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