Opinions

TOBY DWAYNE DUNN v. STATE OF TENNESSEE
E2026-01272-CCA-T10B-CO
Authoring Judge: Judge Stacy L. Street, Judge Robert H. Montgomery Jr., Judge Steven W. Sword
Trial Court Judge: Judge James L. Gass

Before the court is the pro se Petitioner’s “Premature Notice of Appeal as of Right” requesting review “pursuant to Tenn. Sup. Ct. R 10(B) through means of an Accelerated Inter[locu]tory Appeal as of Right.”1 The Petitioner acknowledges that “[t]his notice has been brought before this court prematurely.” Yet the Petitioner requests that this court “file this notice immediately after [the trial court’s] denial of these motions for judicial recusal, pursuant to Trap 4(d).”

In Re Briella F.
M2024-01820-COA-R3-PT
Authoring Judge: Chief Judge Frank G. Clement, Jr.
Trial Court Judge: Chancellor Christopher V. Sockwell

Brandie A. (“Mother) appeals the termination of her parental rights to Briella F. (“Briella”). She contends she was denied due process because the trial court granted her attorney leave to withdraw during the eleventh day of a fifteen-day trial. She also challenges the grounds upon which termination was based and the finding that termination of her parental rights was in the child’s best interest. We affirm.

State of Tennessee v. Kenley Marquis Hockett
M2025-01333-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Forest A. Durard, Jr.

A Lincoln County jury convicted the Defendant, Kenley Marquis Hockett, of both the sale and delivery of 0.5 grams or more of cocaine. The trial court merged the convictions and imposed a thirty-year sentence. On appeal, the Defendant argues that the evidence established no more than the misdemeanor offense of a casual exchange of controlled substances. Upon our review, we respectfully disagree with the Defendant’s argument and affirm the judgments of the trial court.

Alonzo Dwayne Johnson v. State of Tennessee
W2025-01782-CCA-R3-PC
Authoring Judge: Judge Stacy L. Street
Trial Court Judge: Judge Mark L. Hayes

The Petitioner appeals the denial of his petition for post-conviction relief from his Dyer County Circuit Court guilty-pleaded conviction of possession with intent to sell more than .5 grams of methamphetamine, arguing that he was deprived of the effective assistance of counsel and that his guilty plea was not knowingly and voluntarily entered. Discerning no error, we affirm.

Donquarius Person v. State of Tennessee
W2025-01756-CCA-R3-PC
Authoring Judge: Judge Stacy L. Street
Trial Court Judge: Judge Chris Craft

The Petitioner, Donquarius Person, appeals the denial of his petition for post-conviction relief from his 2013 Shelby County Criminal Court jury convictions of first degree murder, aggravated assault, and attempted first degree murder, arguing that he was deprived of the effective assistance of counsel at trial. We conclude that the Petitioner’s brief does not comply with the requirements of Tennessee Rule of Appellate Procedure 27(a) but that, notwithstanding waiver, the record supports the ruling of the trial court. Accordingly, we affirm the denial of post-conviction relief.

Connie Reguli v. Mayor Rogers Anderson of Williamson County, Tennessee
M2025-00676-COA-R3-CV
Authoring Judge: Judge William E. Phillips II
Trial Court Judge: Senior Judge Vanessa A. Jackson

This appeal arises from the Williamson County Chancery Court’s order imposing sanctions on the Petitioner-Appellant. At issue are the following: (1) whether a non-sanctioned party has standing “to argue on behalf of” sanctions imposed on the court’s own motion; (2) whether a sanction is improper when it imposes a pre-filing restriction that requires the sanctioned party to engage an attorney as associate counsel to ensure compliance with Rule 11 in all civil actions brought by that party in the Twenty-First Judicial District; and (3) whether a party on remand is entitled to a refund of discretionary costs initially paid to the opposing party. Following our review, we affirm in part, reverse in part, vacate in part, and remand for further proceedings.

Bradley Dyer v. Hudson Haven
M2024-01364-COA-R9-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Terry A. Fann

Following an automobile accident, the plaintiff sued the other driver and the plaintiff’s own uninsured motorist carrier. The plaintiff, however, failed to properly serve the other driver. After learning of this failure to serve the other driver, the uninsured motorist carrier sought dismissal. In response to the motion to dismiss, the plaintiff requested an enlargement of time in which to serve the other driver under Tennessee Rule of Civil Procedure 6.02. The trial court, finding the failure to serve constituted excusable neglect, granted the enlargement of time and consequently denied the motion to dismiss. The trial court and this court, however, granted the uninsured motorist carrier’s application for permission to appeal under Tennessee Rule of Appellate Procedure 9. We conclude the trial court misapplied the four-factor excusable neglect test and, accordingly, erred in granting the enlargement of time and denying the motion to dismiss.

Robin Bass v. State of Tennessee
W2025-01757-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Chris Craft

The Petitioner, Robin Bass, appeals the Shelby County Criminal Court’s denial of post conviction relief, claiming that he received the ineffective assistance of counsel at trial. Based upon our review, we affirm the judgment of the post-conviction court.

ROBERT C. BULLARD V. DIANE K. WOLFORD, EXECUTRIX OF THE ESTATE OF JAMES L. (BUCKY) WOLFORD, ET AL.
E2025-00558-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Jeffery M. Atherton, Chancellor

This appeal involves a breach of contract action for specific performance for the purchase
of a decedent’s ownership interest in a company pursuant to an option agreement. The
plaintiff alleged that the defendants wrongfully refused to facilitate the transfer of the
decedent’s interest upon his passing. The trial court, with the assistance of a jury
empaneled to answer specific findings of fact, ruled in favor of the plaintiff. We now
reverse, holding that the plaintiff failed to exercise his option to purchase in accordance
with the terms of the operating agreement.

KENNETH LUCAS v. HEATHER FIFIELD
E2025-01429-COA-R3-JV
Authoring Judge: Steven W. Maroney, Judge
Trial Court Judge: Raymond C. Conkin, Jr., Judge

This appeal requires us to determine whether the trial court erred in modifying the parties’
parenting plan and in calculating child support after naming Father the primary residential
parent. Mother/Appellant appeals the trial court’s grant of Father/Appellee’s petition to
name him primary residential parent. Father appeals the trial court’s calculation of child
support. We conclude that the trial court erred in denying Mother’s attempts to introduce
evidence of alleged child abuse by Father. Because this evidence is relevant to the best
interest factors and was not considered by the trial court, we vacate the trial court’s orders
on custody and child support.

State of Tennessee v. Larry Ray
E2025-00604-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Steven W. Sword

Defendant, Larry Ray, was convicted by a Knox County jury of one count of aggravated assault. The trial court imposed a fifteen-year sentence to be served in confinement. On appeal, Defendant argues the evidence was insufficient to support his conviction and the trial court erred by limiting his closing argument. Following a review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgment of the trial court.

Jean Kelley v. Karen Elizabeth Bowden and Karen Elizabeth Bowden v. Jean Kelley
M2025-00848-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge Julie Carrell Heffington

This appeal arises from the filing of competing Petitions for Orders of Protection by two neighbors. The trial court granted the appellee’s petition after finding that the appellant’s actions met the criteria for stalking set forth in Tennessee Code Annotated section 39-17-315. The trial court dismissed the appellant’s petition. The appellant appeals, and upon diligent review of the record, we find no error and affirm the consolidated judgment of the trial court.

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.