State of Tennessee v. Sonya Nale - concurring in part and dissenting in part

I respectfully dissent from the majority’s holding that the trial court abused its discretion by disqualifying the Twelfth Judicial District Attorney General’s office. As noted by the majority, a trial court’s decision to disqualify a prosecutor or an entire district attorney general’s office is reviewed under an abuse of discretion standard. Clinard v. Blackwood, 46 S.W.3d 177, 182 (Tenn. 2001); State v . Culbreath, 30 S.W.3d 309, 313 (Tenn. 2000). A court abuses its discretion by “apply[ing] an incorrect legal standard, or reach[ing] a decision which is against logic or reasoning that caused an injustice to the party complaining.” State v. Shirley, 6 S.W.3d 243, 247 (Tenn. 1999); see Clinard, 46 S.W.3d at 182.