Pazouki v. State
Court: Tennessee Court of Criminal Appeals Docket: M2025-00062-CCA-R3-PC Filed: January 21, 2026 County: Davidson County Outcome: Case of first impression — Post-Conviction Procedure Act applies to judicial diversion revocations
The Holding
A Tennessee Court of Criminal Appeals case of first impression. The court held that the Post-Conviction Procedure Act applies to judicial-diversion revocations, opening the door for petitioners whose diversion was revoked through ineffective assistance of counsel or other constitutional error.
Why It Matters
This is a procedural breakthrough for Tennessee defendants whose judicial diversion was revoked. Before Pazouki, it was unclear whether the Post-Conviction Procedure Act (Tenn. Code Ann. § 40-30-101 et seq.) reached diversion revocations at all. Many lawyers treated revoked diversion as procedurally outside post-conviction relief. The CCA has now held: it isn’t.
The practical impact: if your judicial diversion was revoked because the lawyer at the revocation hearing did a bad job, failed to investigate, didn’t subpoena witnesses, or didn’t preserve a constitutional issue, you may now have a path to challenge that result through a post-conviction petition. The one-year filing deadline applies, so timing matters.
This is a Davidson County case with statewide significance. If you had a judicial diversion revoked in any Tennessee county within the past year, talk to a post-conviction attorney about whether Pazouki opens a door for you.
Statute / Rule References
Tenn. Code Ann. § 40-30-101 et seq. (Post-Conviction Procedure Act); Tenn. Code Ann. § 40-35-313 (judicial diversion)
Read the Opinion
You can find the full opinion on the Tennessee Courts website. Search the Tennessee Court of Criminal Appeals 2026 opinions index by docket number M2025-00062-CCA-R3-PC.
Charged with a Tennessee Criminal Case?
I’m Nathan Cate. I defend criminal cases in Davidson, Williamson, Rutherford, Sumner, Wilson, and Maury Counties. If your case touches the issues above — or any other Tennessee criminal matter — call (615) 664-8083 for a free consultation. I’ll review the charging document, run the procedural posture, and tell you what your case actually looks like.
N. Cate Law 222 2nd Avenue North, Suite 220 Nashville, TN 37201 catelaw.com · Post-Conviction Relief
This is a summary of a published opinion, not legal advice. Holdings cited may evolve as later cases distinguish or overrule them. If you have a pending case that touches one of these issues, contact N. Cate Law for case-specific guidance.
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