Opinions

State of Tennessee v. Marc Foder
E2025-00596-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Hector Sanchez

Marc Foder, Defendant, appeals from the trial court’s order revoking his probation and
requiring him to serve the balance of his sentence as originally imposed. Defendant argues
that the revocation hearing failed to satisfy state and federal due process requirements
because the trial court denied his oral motion for a continuance to obtain video evidence
that he claimed was necessary for his defense. Alternatively, Defendant claims that he
received ineffective assistance of counsel at the revocation hearing. We conclude that
Defendant received the minimum due process protections required at a probation
revocation hearing and that the trial court did not abuse its discretion by revoking
Defendant’s probation. After de novo review, we affirm the consequence imposed for the
violation.

State of Tennessee v. Delvon Jevonta White
E2025-00985-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Boyd M. Patterson

The Defendant, Delvon Jevonta White, was found to be in violation of his probation after
participating in two assaults of individuals while in custody. The trial court revoked his
probation in full and ordered the Defendant to serve the balance of his sentence in the
custody of the Tennessee Department of Correction (TDOC). He argues on appeal that he
received ineffective assistance of counsel during the probation revocation hearing.
Because we conclude that a defendant does not have a constitutional right to counsel at a
probation revocation hearing and that the Defendant failed to demonstrate that any due
process right was violated, we affirm the judgment of the trial court.

Frederick Demetrius DeBerry v. State of Tennessee
W2025-01406-CCA-R3-PC
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge J. Webber McCraw

The Petitioner, Frederick Demetrius Deberry, argues on appeal that the post-conviction court erred by summarily dismissing his pro se “Motion to Amend Post-Conviction Petition” and “Petition of ‘Actual Innocence.’” He argues that House Bill 6011required the post‑conviction court to amend and reconsider his filings and to grant a hearing on his asserted “new evidence.” The State counters that his claims are waived and, alternatively, that his pleadings were untimely and based on a misinterpretation of HB 601. Because Tennessee law requires properly supported appellate claims and a timely statutory vehicle for relief—and the Petitioner’s filings satisfy neither—the post‑conviction court committed no error. We affirm.

In Re Jessie L.
M2025-01682-COA-R3-PT
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Jerred Allen Creasy

The trial court terminated a mother’s parental rights to her minor child. The trial court found clear and convincing evidence of the grounds of severe abuse and persistent conditions and found that termination of the mother’s parental rights was in the best interests of the child. The mother appeals. Upon diligent review of the record, we find no reversible error and affirm the judgment of the trial court.

Brandon D. Middlebrook v. State of Tennessee
E2025-01342-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery
Trial Court Judge: Judge Hector Sanchez

The Petitioner, Brandon Middlebrook, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his convictions for aggravated burglary, attempted first degree murder, aggravated assault, employing a firearm during the commission of a dangerous felony, and unlawful possession of a firearm by a convicted felon. He contends that the post-conviction court erred in denying relief on his claims that (1) he was denied due process in the conviction proceedings because the State failed to preserve evidence, (2) he received the ineffective assistance of trial counsel because counsel failed to make a motion pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), related to the missing evidence, and (3) he received the ineffective assistance of trial counsel because counsel was not adequately prepared for the trial. We affirm the judgment of the post-conviction court.

Kenneth Cox v. State of Tennessee
E2025-00801-CCA-R3-PC
Authoring Judge: Judge Stacy L. Street
Trial Court Judge: Judge Steven W. Sword

The Petitioner, Kenneth Cox, appeals the denial of his petition for post-conviction relief
from his Knox County Criminal Court jury convictions of criminally negligent homicide
and especially aggravated robbery, arguing that the post-conviction court erred by denying
relief on his claim that he was denied the effective assistance of counsel at trial and on
appeal. Because we find no reversible error, we affirm the denial of post-conviction relief.

State of Tennessee v. Dorian Heiss
E2024-01818-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery
Trial Court Judge: Judge Jeffery Hill Wicks

The Defendant, Dorian Heiss, was convicted by a Roane County Criminal Court jury of
second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2025) (subsequently
amended). The Defendant was sentenced to twenty years’ incarceration. On appeal, he
contends that the evidence is insufficient to support his conviction. We affirm the judgment
of the trial court.

State of Tennessee v. Lakeesha N. Dixon-Starnes
M2026-01214-CCA-R10-CO
Authoring Judge: Judge Jill Bartee Ayers; Presiding Judge Robert W. Wedemeyer; Judge Robert L. Holloway, Jr.

This matter is before the Court upon application of the pro se Defendant, Lakeesha N. Dixon-Starnes, for an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10.  She asks this Court to dismiss the indictment in this case.  It appears the Defendant has been charged with one count each of theft of property and forgery.  The Defendant waived her right to counsel and is proceeding on her own in the trial court.  The case is still pending in that court.

Almeer K. Nance v. State of Tennessee
E2025-01258-CCA-R10-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Hector Sanchez

The State of Tennessee appeals the post-conviction court’s order granting Petitioner
Almeer K. Nance’s motion to reopen his post-conviction petition related to his convictions
for first-degree felony murder, especially aggravated robbery, two counts of especially
aggravated kidnapping, and three counts of aggravated robbery, for which he is serving an
agreed sentence of life plus twenty-five years. The post-conviction court found that State
v. Booker, 656 S.W.3d 49 (Tenn. 2022), recognized a new constitutional right applicable
to Petitioner’s twenty-five-year sentence. We reverse the judgment of the post-conviction
court and remand for dismissal of the motion to reopen.

TRAVIS LEE DAVIS v. JENNIFER HOPE DAVIS
E2025-00362-COA-R3-JV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Gregory S. McMillan, Judge

This appeal arises from the court’s modification of a permanent parenting plan in which the trial court designated the father as the primary residential parent. We now dismiss the appeal due to the deficiencies in the appellant’s brief.

State of Tennessee v. Anthony Lawrence Johnson
E2025-00835-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Stacy L. Street

Defendant, Anthony Lawrence Johnson, was convicted by a jury of one count of rape, three
counts of sexual battery by an authority figure, one count of statutory rape by an authority
figure, and one count of aggravated statutory rape. At sentencing, the trial court merged
some of his convictions and imposed an effective sentence of eleven years’ incarceration.
In this appeal as of right, Defendant raises fifteen issues, which can all be condensed into
three basic assertions: that the evidence was insufficient to sustain his convictions, that the
verdicts were inconsistent, and that the trial court abused its discretion in sentencing him.
Having reviewed the entire record, we find no error and affirm the judgments of the trial
court.

Angela Johnson ET AL. v. Shelby County Healthcare Corporation D/B/A Regional One Health ET AL.
W2025-00415-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Valerie L. Smith

Plaintiff’s healthcare liability action against a hospital and several doctors was dismissed for failure to comply with the Tennessee Healthcare Liability Act and the expiration of the statute of limitations. Because of profound deficiencies in the plaintiff’s appellate brief, we dismiss this appeal

Grace Melidosian Cowan v. Todd Thompson et al.
M2026-00961-COA-T10B-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Kathryn Wall Olita

Appellant filed this petition for recusal appeal after the trial court denied her motion to recuse. Discerning no reversible error, we affirm the trial court’s denial of the motion.

IN RE SEVIER COUNTY GRAND JURY
E2025-00522-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Senior Judge D. Kelly Thomas, Jr.

This appeal stems from a trial court’s order in a declaratory judgment action. However, because the appellant’s notice of appeal is untimely, this Court lacks subject matter jurisdiction, and the appeal must be dismissed.

James Paul Burkhart v. Kathryn Jean Burkhart
M2026-00797-COA-T10B-CV
Authoring Judge: Presiding Judge John W. McClarty
Trial Court Judge: Judge Robert E. Lee Davies

This is an accelerated interlocutory appeal as of right. The petitioner seeks review of the trial court’s denial of his motion for recusal. Discerning no error upon our review of the petition for recusal appeal, we affirm.

Cedric D. Coleman v. Candace Marie Coleman
W2024-01311-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Felicia Corbin Johnson

Mother appeals the trial court’s decision to award the parties essentially equal parenting time despite the parties’ inability to communicate effectively, Father’s almost-three-year absence from the ten-year-old child’s life, and the court-appointed expert’s recommendation that Father’s parenting time be increased incrementally. We reverse the trial court’s decision and remand for reconsideration of the parenting time issue.

State of Tennessee v. Roy Jones, Sr.
W2025-01537-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Carlyn L. Addison

Defendant, Roy Jones, Sr., was indicted by a Shelby County grand jury for first degree murder for the shooting death of his wife. After a jury trial, Defendant was convicted of second degree murder and sentenced to twenty-five years of incarceration. In this timely appeal, Defendant challenges the sufficiency of the evidence, the trial court’s refusal to give a jury instruction on voluntary manslaughter, the trial court’s jury instruction on flight, and his sentence. After a thorough review, we affirm the judgment of the trial court.

In Re Shelby B.
M2025-01404-COA-R3-JV
Authoring Judge: Chief Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Thomas W. Brothers

This appeal arises from dependency and neglect proceedings concerning the minor child, Shelby B., (“Shelby”), the child of Tyffany B. (“Mother”), and Lakota B. (“Father”). The petitioner, Sophia H. (“Grandmother”), with whom Shelby had been residing for several years, filed the petition alleging that Shelby was dependent and neglected under Tennessee Code Annotated § 37-1-102(b)(13)(J), which defines a dependent and neglected child as one “[w]ho has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than eighteen (18) consecutive months by the child’s parent . . . and the child will suffer substantial harm if removed from the continuous care of such relative[.]” After the juvenile court found Shelby was dependent and neglected, Mother appealed to the circuit court. Following a two-day de novo hearing, the circuit court also ruled Shelby dependent and neglected and vested custody with Grandmother. Mother appealed. Finding no error, we affirm.

State of Tennessee v. William Milam, Jr.
W2025-01415-CCA-R3-CD
Authoring Judge: Judge Stacy L. Street
Trial Court Judge: Judge Paula L. Skahan

The Defendant, William Milam Jr., appeals his Shelby County Criminal Court jury convictions of aggravated child neglect and aggravated child abuse. The Defendant was sentenced to twenty-one years’ incarceration. On appeal, the Defendant argues that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.

State of Tennessee v. Stephen Richard Pratt
E2025-01133-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Zachary R. Walden

A Campbell County jury convicted the Defendant of three counts of sexual battery by an
authority figure, four counts of aggravated sexual battery, and one count of attempted rape.
The trial court sentenced the Defendant to an effective sentence of fifty-five years in
confinement. On appeal, the Defendant asserts that he is entitled to relief due to the
admission of evidence of a request for a polygraph test, without objection, at trial, and that
the trial court erred when it imposed consecutive sentencing. The Defendant also contends
that the evidence is insufficient to sustain his convictions. After review, we affirm the trial
court’s judgments.

State of Tennessee v. David Edwin Kniejski
W2025-01409-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Joseph T. Howell

Defendant, David Edwin Kniejski, pleaded guilty toone count of aggravated assault and one count of simple assault. At sentencing, Defendant requested an alternative sentence of probation, but the trial court found that Defendantwas “not properly suited for a suspended sentence” and imposed an effective sentence of six years in confinement. On appeal, Defendant argues that the trial court abused its discretion by denying his request for probation. After review, we affirm the judgments of the trial court.

State of Tennessee v. Frank Wilbourn, Jr.
W2025-01104-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Donald H. Allen

The Defendant, Frank Wilbourn, Jr., was convicted by a Madison County jury of simple possession of cocaine, unlawful possession of a firearm by a felon previously convicted of a crime of violence, unlawful possession of a firearm by a felon previously convicted of a drug offense, and unlawful possession of a handgun by a convicted felon. Following a sentencing hearing, the trial court merged the Defendant’s weapons convictions and imposed an effective sentence of twenty years’ incarceration. On appeal, the Defendant argues that the trial court erred by denying his request for a jury instruction on the defense of necessity and that his sentence is excessive. Discerning no error, we affirm.

Jon Engle v. Aaron Payne, DDS
M2024-01325-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge B. Jo Atwood

The plaintiff brought suit against his dentist, asserting that the dentist was negligent in failing to diagnose and treat a cavity which the plaintiff contends was apparent from an x-ray and from his complaints of discomfort, ultimately resulting in loss of the plaintiff’s tooth.  The action was dismissed because the plaintiff never filed a certificate of good faith. On appeal, the plaintiff argues that his claim falls within the common knowledge exception to the certificate of good faith requirement.  We conclude that the allegations do not fall within the common knowledge exception, and we affirm the dismissal.

State of Tennessee v. Richard Wayne Norrod
M2025-01873-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Wesley T. Bray

The Defendant, Richard Wayne Norrod, appeals from the DeKalb County Criminal Court’s probation revocation of the three-year sentence he received for his guilty-pleaded conviction for the sale or delivery of less than one-half gram of methamphetamine. On appeal, the Defendant contends that the trial court abused its discretion by revoking the Defendant’s probation and ordering him to serve his sentence in confinement for a first technical violation. The State concedes that the court abused its discretion. We agree with the parties, and we reverse the judgment of the trial court and immediately reinstate the Defendant’s probation.

Rene Sherrod v. Keanna R. et al.
M2026-00031-COA-R3-JV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge C. David Briley

A grandmother filed petitions for dependency and neglect and for grandparent visitation in juvenile court. The juvenile court dismissed her petitions for failure to meet her burden of proof. She challenged these decisions before the circuit court, where a de novo proceeding was held. The circuit court similarly did not believe the grandmother’s allegations and likewise dismissed her petitions. She appealed to this court. We affirm.