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Tennessee appellate panel hears argument over whether post-conviction relief covers diversion revocations
Summary
The court heard competing arguments over whether revocation of judicial diversion can be collaterally attacked under the Post-Conviction Relief Act in a case where diversion was revoked after the defendant picked up new arrests; petitioner urged application of the Act, the State urged affirmance of dismissal under existing precedent.
A three-judge panel heard oral argument over whether a defendant may use Tennessee’s Post-Conviction Relief Act to collaterally attack the revocation of judicial diversion.
David Christensen, counsel for the petitioner, told the court that “diversion revocation proceedings should be subjected to the post conviction relief act,” arguing that when a diversion is revoked and the defendant is resentenced the defendant should be able to challenge that revocation through post-conviction procedures. Christensen said the client, identified in the record as Mr. Piezewski, had been placed on judicial diversion in July 2021, later accrued two arrests that led to a violation finding, and was resentenced in a September 2022 proceeding. He…
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