| SUSAN ZEILER v. THE CORPORATE IMAGE, INC.
E2025-01624-COA-R3-CV
The plaintiff-appellant sued the defendant-appellee alleging that the defendant engaged in
Authoring Judge: Kristi M. Davis, Judge
Originating Judge:Steven Curtis Rose, Judge |
Sullivan County | Court of Appeals | 10/09/26 | ||
| State of Tennessee v. Calandra Carina Clark
W2025-01265-CCA-R3-CD
The defendant, Calandra Carina Clark, was convicted by a Madison County jury of theft of property greater than $10,000, but less than $60,000, for which she received a nine-year sentence suspended to supervised probation. She appeals the judgment of the trial court based on the admission of hearsay evidence, the sufficiency of the evidence, improper argument by the State, and cumulative error. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Joseph T. Howell |
Madison County | Court of Criminal Appeals | 10/09/26 | ||
| IN RE MYLEE P. ET AL.
E2025-01082-COA-R3-PT
A father appeals the termination of his parental rights. The chancery court found clear and
Authoring Judge: W. Neal McBrayer, Judge
Originating Judge:Elizabeth C. Asbury, Chancellor |
Claiborne County | Court of Appeals | 10/09/26 | ||
| State of Tennessee v. Jarett Wilson
W2025-01845-CCA-R3-CD
Defendant, Jarett Wilson, appeals from the Madison County Circuit Court’s denial of his motion to dismiss a violation of probation warrant and subsequent probation revocation. Defendant contends he was denied the right to a speedy trial and the trial court should have dismissed the probation violation warrant; the trial court failed to place adequate findings on the record to support its decision to revoke Defendant’s probation; and one of Defendant’s sentences had expired prior to the revocation and should be removed from the revocation order. After a review, we determine that Defendant’s sentence in case number 18-640 had already expired and was not subject to revocation. Accordingly, we vacate the revocation order in that case. We affirm the judgment of the trial court in case number 18 727, but because the trial court made insufficient findings as to its consequence determination, we remand for further findings.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Joseph T. Howell |
Madison County | Court of Criminal Appeals | 10/09/26 | ||
| SAMUEL JESSE WARNER, ET AL. v. COLONEL LIZ HUNT D/B/A AUCTIONEER
E2026-00054-COA-R9-CV
This is a breach of contract action in which the plaintiffs alleged that the defendant
Authoring Judge: John W. McClarty, Judge
Originating Judge:Jennifer Kay Peck, Judge |
Hamilton County | Court of Appeals | 10/09/26 | ||
| In Re Brisen K.
W2026-00550-COA-R3-PT
The notice of appeal in this case was not timely filed. Therefore, this Court lacks jurisdiction to consider this appeal.
Authoring Judge: Per Curiam
Originating Judge:Magistrate W. Ray Glasgow |
Shelby County | Court of Appeals | 10/08/26 | ||
| Brendan Todd Negron v. Hagar and Phillips, Attorneys at Law, PLLC
M2025-01209-COA-R3-CV
This appeal arises from a legal malpractice action which the trial court dismissed on the defendant’s motion for summary judgment. The plaintiff appeals, contending the trial court erred in denying his Tennessee Rules of Civil Procedure 56.07 motion for additional time to conduct discovery before ruling on the summary judgment motion. The plaintiff also contends the court erred in summarily dismissing his complaint on multiple grounds including the plaintiff’s failure to present expert testimony to support his claim of legal malpractice. We affirm the trial court in all respects.
Authoring Judge: Chief Judge Frank G. Clement, Jr.
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Court of Appeals | 10/07/26 | ||
| State of Tennessee v. James Courtney Shane
W2026-00026-CCA-R3-CD
This is a probation violation matter wherein Defendant, James Courtney Shane, appeals both the determination of a violation and the determination of a full revocation consequence. In April 2025, Defendant pled guilty to one count of abuse of an elderly or vulnerable adult and one count of aggravated assault. The trial court imposed an effective eight-year sentence and placed Defendant on supervised probation. Within two months Defendant was arrested on a new felony charge. The trial court subsequently revoked Defendant’s probation in full and ordered him to serve the remainder of his sentence in confinement. On appeal, Defendant argues (1) the probation violation warrant was invalid because the corresponding affidavit contained procedural errors, (2)the trial court erred by admitting a TBI lab report without making the proper hearsay findings of good cause and reliability, and (3) the trial court failed to make the appropriate findings in its consequence determination pursuant to State v. Dagnan, 641 S.W.3d 751 (Tenn. 2022). Defendant waived his first issue during oral argument. After review, we conclude the admission of the TBI lab report was error, but the error was harmless beyond a reasonable doubt. We also conclude the record is not sufficiently developed for this Court to conduct a meaningful review of the consequence determination. We, therefore, vacate the revocation orders and remand the case to the trial court for further findings.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Jeff Parham |
Weakley County | Court of Criminal Appeals | 10/07/26 | ||
| IN RE DESTINY D. ET AL.
E2025-01762-COA-R3-PT
This appeal concerns the termination of a mother’s and father’s parental rights to six of
Authoring Judge: Kristi M. Davis, Judge
Originating Judge:Melissa Thomas Willis, Chancellor |
Rhea County | Court of Appeals | 10/06/26 | ||
| State of Tennessee v. Samuel Ward, Jr.
W2025-01186-CCA-R3-CD
In this case involving an issue of first impression pertaining to the exclusion of evidence of a victim’s biological sex, Defendant, Samuel Ward, Jr., was convicted by a Shelby County jury of voluntary manslaughter. The trial court sentenced Defendant to six years’ incarceration. On appeal, Defendant argues 1) the trial court erred by excluding evidence of the victim’s assigned sex at birth; 2) the evidence was insufficient to support Defendant’s conviction; 3) it was plain error for the State to make improper comments during its closing argument; 4) the trial court erred by not allowing Defendant to impeach a State’s witness; and 5) the trial court erred by imposing the maximum sentence of incarceration and denying an alternative sentence. Becausewe conclude that the trial court erred by granting the State’s motion to exclude evidence of the victim’s biological sex, we reverse and remand this case for a new trial.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Carlyn L. Addison |
Shelby County | Court of Criminal Appeals | 10/05/26 | ||
| IN RE DEANGELO N. ET AL.
E2025-00235-COA-R3-PT
This appeal arises from the termination of parental rights of the parents of DeAngelo N.
Authoring Judge: Judge Frank G. Clement Jr. C.J.
Originating Judge:Chancellor Tom McFarland |
Roane County | Court of Appeals | 10/05/26 | ||
| State of Tennessee v. Tony Manning
E2025-01542-CCA-R3-CD
A Knox County jury convicted the Defendant, Tony Manning, of one count of aggravated
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge G. Scott Green |
Court of Criminal Appeals | 10/05/26 | |||
| State of Tennessee v. Earl Lee Shaffer
E2025-01068-CCA-R3-CD
A Sevier County jury convicted the Defendant, Earl Lee Shaffer, of rape. At sentencing,
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge James L. Gass |
Sevier County | Court of Criminal Appeals | 10/05/26 | ||
| Thomas N. Allen v. State of Tennessee
E2025-01996-CCA-R3-PC
A Hamblen County jury convicted the Petitioner, Thomas N. Allen, of premeditated first
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Alex E. Pearson |
Hamblen County | Court of Criminal Appeals | 10/05/26 | ||
| Unifund CCR Partners Assignee of Citibank v. John P. Mayo
M2025-01633-COA-R3-CV
Appellant sought to vacate the trial court’s extension of a 2007 judgment for a debt owed to Appellee by filing consecutive Rule 60.02 motions. The trial court denied the second motion on its conclusion that the motion was barred by res judicata. Discerning no error, we affirm.
Authoring Judge: Judge Valerie L. Smith
Originating Judge:Judge Lynne T. Ingram |
Davidson County | Court of Appeals | 10/05/26 | ||
| Ryan Eugene Betz v. Amberly Dawn Betz
M2026-01405-COA-T10B-CV
In this interlocutory appeal, the appellant argues that the trial court erred in denying her motion to recuse the trial judge. After evaluating the trial court’s ruling under the de novo standard of review, we affirm the trial court’s denial of the motion for recusal.
Authoring Judge: Judge Andy D. Bennett
Originating Judge:Chancellor Louis W. Oliver |
Sumner County | Court of Appeals | 10/02/26 | ||
| State of Tennessee v. Wiltha Brown
E2025-01920-CCA-R3-CD
The Defendant, Wiltha Brown, appeals from the Hamilton County Criminal Court’s
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Amanda B. Dunn |
Hamilton County | Court of Criminal Appeals | 10/02/26 | ||
E2025-01525-CCA-R3-CD
Defendant, Ernest Russell, appeals his Knox County Criminal Court jury convictions of theft of a firearm valued at less than $2,500 and unlawful possession of a firearm after having been convicted of a felony crime of violence, for which he received an effective sentence of thirty years. On appeal, Defendant challenges the sufficiency of the evidence supporting his convictions. Upon review, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge D. Kelly Thomas, Jr. |
Knox County | Court of Criminal Appeals | 10/02/26 | ||
| State of Tennessee v. John Wesley McElhiney
M2025-01986-CCA-R3-CD
The defendant, John Wesley McElhiney, pled nolo contendere to one count each of aggravated burglary, burglary of an automobile, and attempted aggravated burglary. As a condition of his plea, the parties agreed that the defendant would receive an effective sentence of ten years or less as a Range III offender with the length of each sentence and manner of the service to be determined by the trial court. After a sentencing hearing, the trial court sentenced the defendant to an effective ten years’ confinement with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing him to confinement. Upon our review of the record and the parties’ briefs, we affirm the trial court’s decision.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge David D. Wolfe |
Dickson County | Court of Criminal Appeals | 10/02/26 | ||
| State of Tennessee v. Ernest Russell
E2025-01525-CCA-R3-CD
Defendant, Ernest Russell, appeals his Knox County Criminal Court jury convictions of theft of a firearm valued at less than $2,500and unlawful possession of a firearm after having been convicted of a felony crime of violence, for which he received an effective sentence ofthirty years. On appeal, Defendant challenges the sufficiency of the evidence supporting his convictions. Upon review, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge D. Kelly Thomas, Jr. |
Knox County | Court of Criminal Appeals | 10/02/26 | ||
| State of Tennessee v. Jared Payton
W2025-01051-CCA-R3-CD
Jared Payton, Defendant, was serving a sixteen-year sentence on supervised probation when he appeared before the trial court on his second probation revocation hearing. The probation warrant alleged a “Graduated Zero Tolerance Violation,” specifically that Defendant failed to consistently comply with his sex offender treatment program. After a hearing, the trial court fully revoked Defendant’s probation. Defendant appeals, arguing (1) his Confrontation Clause rights were violated when the trial relied on an out-of-court statement without making the proper findings,(2) the trial court abused its discretion and acted arbitrarily in revoking Defendant’s probation in full, and (3) his original sixteen-year probationary sentence was illegal and should be remedied pursuant to Tennessee Rule of Criminal Procedure 36.1.After review, the judgment of the trial court is affirmed.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Bruce Irwin Griffey |
Henry County | Court of Criminal Appeals | 10/02/26 | ||
| State of Tennessee v. Saidrick Pewitte
W2026-01333-CCA-R9-CD
The Defendant, Saidrick Pewitte, requestspermission to pursue an interlocutory appeal. Tenn. R. App. P. 9. He seeks review of the trial court’s order denying his motion to suppress evidence.The State opposes the application. Upon review, the Court hereby denies the application for the reasons stated below.
Authoring Judge: Judge Dyer, Judge Campbell, Judge Wilson
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 10/01/26 | ||
| State of Tennessee v. Paul J. Springer, Sr.
W2026-01513-CCA-R10-CD
The Defendant, Paul J. Springer, Sr., seeks a stay of execution of judgment and an extraordinary appeal. Tenn. R. App. P. 7 and 10. He is pro se. For context, the Court recounts the following procedural history of this matter. The Defendant was previously charged with two counts of forgery in an amount of $60,000 or more but less than $250,000. State v. Springer, No. W2024-00849-CCA-R3-CD, 2025 WL 1939151 (Tenn. Crim. App. July 15, 2025). The jury trial on those charges ended in a mistrial. Id. However, during trial, the Defendant was twice held in direct contempt of court. Id. The trial court imposed consecutive ten-day sentences to serve in jail. Id. The judgments were filed in October 2019. Id. In August 2022, the Defendant filed a motion to dismiss the contempt charges under Tennessee Rule of Criminal Procedure 42. Id. The trial court denied that motion in May 2024. Id. The Defendant, by and though appointed counsel, appealed. Id. This Court dismissed that appeal for lack of jurisdiction on July 15, 2025. Id. Appointed counsel was subsequently allowed to withdraw pursuant to Supreme Court Rule 14. The Defendant did not file an application for permission to appeal, and mandate issued on September 17, 2025.
Authoring Judge: Judge Dyer, Judge Campbell, Judge Wilson
Originating Judge:Judge Roy B. Morgan, Jr. |
Shelby County | Court of Criminal Appeals | 10/01/26 | ||
| Verchaunt Joshua Williams v. State of Tennessee
M2025-00832-CCA-R3-ECN
The Petitioner, Verchaunt Joshua Williams, appeals from the Montgomery County Circuit Court’s dismissal of his petition for the writ of error coram nobis. On appeal, he contends that he is entitled to relief on the merits of numerous claims related to his conviction proceedings and that the trial court erred in denying his motion to recuse the court due to an alleged conflict of interests. The State contends, in response, that the appeal should be dismissed as untimely, that the trial court did not err in denying the motion for recusal, and that the court did not err in dismissing the petition. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge William R. Goodman, III |
Montgomery County | Court of Criminal Appeals | 10/01/26 | ||
| State of Tennessee v. Ryan Kelley McElrath
W2025-01712-CCA-R3-CD
The Defendant, Ryan Kelley McElrath, pled guilty in the Madison County Circuit Court in case number 24-874 to three counts of statutory rape by an authority figure, a Class B felony, and two counts of sexual battery by an authority figure, a Class C felony. The trial court sentenced the Defendant to concurrent terms of nine years for each statutory rape by an authority figure conviction and concurrent terms of three years for each sexual battery by an authority figure conviction and ordered that the effective three-year sentence be served consecutively to the effective nine-year sentence, for a total effective sentence of twelve years’ incarceration. On appeal, the Defendant contends that the trial court erred in applying the particularly-vulnerable-victim enhancement factor and in ordering consecutive sentences. Based on our review, we affirm the judgments of the trial court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Kyle C. Atkins |
Madison County | Court of Criminal Appeals | 10/01/26 |