Tuesday, December 22, 2009

Pretrial Diversion Not a Conviction

Arroyo v. Starks, 2009 WL 4827370 (12/16/09) (Published) - There is no habeas remedy to challenge a case resulting in pretrial diversion. Such a case at most anticipates a conviction. It does not involve a conviction. Consequently, the plaintiff can challenge the false arrests that led to the pretrial diversion through a ยง 1983 suit.