Opinions

State of Tennessee v. Bruce Allen Ivy, Jr.
W2025-00306-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Bruce Irwin Griffey

A Carroll County jury convicted the Defendant, Bruce Allen Ivy, Jr., of rape of a child and two counts of aggravated sexual battery, and the trial court sentenced him to a total effective sentence of fifty-two years imprisonment. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. After review, we affirm the trial court’s judgments.

Bobby V. Summers v. Johnny Fitz, Warden
W2025-00886-CCA-R3-HC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge A. Blake Neill

The Petitioner, Bobby V. Summers, acting pro se, appeals from the summary dismissal of
his petition for writ of habeas corpus. The Petitioner’s handwritten brief is largely
incoherent and difficult to decipher; however, we understand him to present four primary
arguments: (1) that facilitation of first degree murder is not a valid offense; (2) that his
conviction is void because no principal offender was prosecuted or convicted; (3) that the
indictment or charging instrument was defective and therefore void; and (4) that his guilty
plea was involuntary because counsel “tricked,” “duped,” or “coerced” him. The habeas
corpus court summarily dismissed the petition, finding it procedurally defective and raising
no cognizable claim. After careful review, we affirm.

State of Tennessee v. John Champion
W2025-00595-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Jennifer Johnson Mitchell

A Shelby County jury convicted the defendant, John Champion, of one count of sexual
battery by an authority figure. On appeal, the defendant argues that: (1) the trial court erred
in denying the defendant the use of two peremptory challenges; (2) the trial court’s failure
to dismiss the indictment due to the State’s failure to preserve evidence resulted in a
fundamentally unfair trial; (3) the trial court erred in failing to declare a mistrial following
a prejudicial misstatement by a witness; (4) the trial court failed to require the State to elect
which incident it was relying on to establish the offense; and (5) the trial court improperly
sentenced the defendant to confinement. Following a thorough review of the record, the
briefs, and applicable law, we affirm the judgments of the trial court.

Toran Harper v. State of Tennessee
W2025-00700-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Lee V. Coffee

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

State of Tennessee v. Houston Thomas Wilkes
W2025-01424-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Bruce Irwin Griffey

This case comes to this court by way of a delayed appeal. The Defendant, Houston Thomas
Wilkes, was convicted in the Carroll County Circuit Court of domestic assault, violation
of a no-contact order, possession of more than .5 grams of methamphetamine with the
intent to deliver, and possession of fentanyl with the intent to deliver, for which he received
an effective sentence of thirty years as a career offender. The trial court denied the
Defendant’s motion for a new trial on the grounds that it was untimely, and the Defendant
did not file a direct appeal to this court. In a post-conviction petition, the Defendant raised
a claim of ineffective assistance of counsel based, in part, on trial counsel’s failure to file
a timely motion for new trial and a notice of appeal. Without holding an evidentiary
hearing, the post-conviction court entered an agreed order granting a delayed appeal.
Because a delayed appeal cannot be granted by agreement of the parties, we reverse and
remand to the post-conviction court for an evidentiary hearing and findings of fact
regarding whether a delayed appeal is appropriate in this case.

Kevin Matthew Woodruff v. Jessica Ann Woodruff
M2026-00759-COA-T10B-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Kathryn Wall Olita

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme Court Rule 10B. Because Appellant failed to provide this Court with a copy of the motion to recuse filed in the trial court,the appeal is dismissed.

SHERRY KELTCH EX REL.CHARLES KELTCH v. CANDICE MARIE WILLIAMS ET AL.
E2026-00607-COA-R3-CV
Authoring Judge: JOHN W.MCCLARTY,P.J.,E.S.;THOMAS R.FRIERSON,II,J.;AND KRISTI M.DAVIS,J.
Trial Court Judge: Chancellor John Harvey Cameron

This is an appeal from a final order entered on March 23, 2026. The notice of appeal was not filed with the Appellate Court Clerk until April 23, 2026, more than thirty days from the date of entry of the order from which the appellant is seeking to appeal. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal.

Kaileigh Marie Dunn v. Russell Allen Dunn, III
M2026-00614-COA-T10B-CV
Authoring Judge: Chief Judge Frank G. Clement, Jr.
Trial Court Judge: Judge A. Ensley Hagan, Jr.

This is an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B § 2.02 from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal on appeal, we affirm the trial court’s decision to deny the motion for recusal.

CLAUDE R. ELLIS v. MELISA JANE GODFREY ELLIS
E2024-01735-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Jerri S. Bryant

This is a long-running divorce case on appeal to this Court for the third time. The husband
raises several issues concerning the trial court’s classification of the parties’ interests and
award of attorney’s fees to the wife. We affirm.

Hamid Houbbadi v. State of Tennessee
M2025-00650-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Robert Bateman

Hamid Houbbadi, Petitioner, was convicted by a jury of first degree premeditated murder, first degree felony murder, and especially aggravated burglary and sentenced to life in prison plus twelve years. State v. Houbbadi, No. M2022-01751-CCA-R3-CD, 2023 WL 8525144, at *1 (Tenn. Crim. App. Dec. 8, 2023), perm. app. denied (Tenn. May 15, 2024). He was unsuccessful on direct appeal. Petitioner filed a pro se petition for post-conviction relief, amended pro se petition, and second amended pro se petition. He insisted on proceeding pro se. After a two-day hearing, the post-conviction court denied relief. On appeal, Petitioner argues: (1) his Fifth Amendment rights were violated; (2) the State committed a Brady violation;(3) he received ineffective assistance of counsel at trial; (4) the post-conviction court failed to address all the issues of “ineffective assistance of counsel caused by the court”; (5) the post-conviction court abused its discretion by declining to appoint elbow counsel; (6) the post-conviction court improperly ruled that service of subpoena by text message is invalid; and (7) he was denied due process of law. After a full review, we affirm the judgment of the post-conviction court.

STATE OF TENNESSEE v. MICHAEL JASON HOLLOWAY
E2025-01136-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Boyd M. Patterson

Defendant, Michael Jason Holloway, appeals the Hamilton County Criminal Court’s denial of judicial diversion following his guilty plea to reckless aggravated assault, a Class D felony. He also contends that the State breached a material term of the plea agreement by taking a position on diversion at the sentencing hearing. Upon review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgment of the trial court.

Jacquet Moore v. State of Tennessee
W2025-01180-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Carlyn L. Addison

The Petitioner, Jacquet Moore, appeals from the denial of his petition for post-conviction relief from his underlying conviction for aggravated rape. On appeal, the Petitioner maintains that he received ineffective assistance of counsel based on trial counsel’s failure to (1) perform adequate investigation in preparation for trial, including seeking funds for investigative services, and (2) effectively impeach the victim on cross-examination. As a preliminary matter, we remanded the case to the post-conviction court for the entry of an amended order to include sufficient findings of fact and conclusions of law on these two issues. After our review of the amended order, as well as the issues presented by the parties and the record on appeal, we affirm the judgment of the post-conviction court.

State of Tennessee v. Howard Jefferson Atkins
W2025-01501-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge A. Blake Neill

The Appellant, Howard Jefferson Atkins, acting pro se, appeals from the Tipton County
Circuit Court’s summary denial of his Rule 36 motion to correct an alleged clerical error
in a juvenile transfer order entered in 2000. Having thoroughly reviewed the record, the
briefs of the parties, and applicable law, we affirm the judgment of the trial court.

In Re Isaiah M.
E2025-01998-COA-T10B-CV
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Judge Suzanne Cook

Petitioner/Mother seeks accelerated review of the trial court’s denial of her 12^th motion to recuse. A final judgment has been entered in the underlying termination of parental rights case, and Mother has appealed that judgment.  Issues related to the trial court’s denial of Mother’s motion to recuse may be raised in Mother’s appeal of the trial court’s final judgment.  Accordingly, we dismiss this appeal.

In Re Isaiah M.
E2026-00024-COA-T10B-CV
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Judge Suzanne Cook

Petitioner/Mother seeks accelerated review of the trial court’s denial of her 13^th motion to recuse. Because a final judgment has been entered in the underlying termination of parental rights case, and Mother has appealed that judgment, issues related to the trial court’s denial of Mother’s recusal motion may be raised in her appeal of the final judgment.  Accordingly, we dismiss this appeal.

IN RE ALEXANDER B.
E2025-01580-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Elizabeth C. Asbury

In this case involving termination of a mother’s parental rights, the trial court determined
that clear and convincing evidence supported termination as to two statutory grounds:
abandonment by failure to visit and persistence of the conditions that led to the child’s
removal. The trial court did not find clear and convincing evidence to support the alleged
ground of failure to manifest an ability and willingness to assume legal and physical
custody of or financial responsibility for the child. The trial court further determined that
termination of parental rights was in the child’s best interest. The mother has appealed,
contesting the termination of her parental rights and additionally arguing that the adoptive
father lacked standing to file the petition due to his criminal history and the fact that he is
not legally related to the child. Upon review, we determine that the adoptive father had
standing to file the termination petition because he had maintained physical custody of the
child for nearly a year before filing the termination petition. As to termination of the
mother’s parental rights, we reverse the trial court’s determination that the petitioners had
failed to establish the statutory ground of failure to manifest an ability and willingness to
assume legal and physical custody of the child. Accordingly, we find that statutory ground
also supports termination of the mother’s parental rights. In all other respects, we affirm.

Zurich American Insurance Company v. Tom James Company et al.
M2025-00404-COA-R9-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Deanna B. Johnson

This is an interlocutory appeal concerning the scope of a commercial property insurance policy and whether the insured has stated sufficient facts to invoke coverage. The insurer filed a complaint for a declaratory judgment, seeking a declaration that the policy at issue did not provide coverage for the insured’s claimed losses. The insured filed a counterclaim seeking a declaratory judgment that the policy provided coverage and asserting a breach of contract claim. The insurer filed a motion to dismiss and for judgment on the pleadings, which the trial court denied. We granted permission for an interlocutory appeal. After interpreting the policy, we determine that the insured failed to invoke coverage, and we reverse the trial court’s contrary finding. However, we affirm the trial court’s denial of the motion to dismiss, finding that the counterclaim sufficiently stated a claim for a declaratory judgment. Because the pleadings had not closed when the trial court ruled on the motion for judgment on the pleadings, we vacate the order of the trial court and remand for further proceedings.

State of Tennessee v. James Andrew Paige
M2024-01550-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Cheryl A. Blackburn

Defendant, James Andrew Paige, appeals from his convictions for three counts of rape, for which he is serving an eleven-year sentence in confinement. On appeal, Defendant argues that the trial court erred by(1) denying his motion for judgment of acquittal because the evidence was insufficient to support his convictions; (2)admitting the victim’s hearsay statements; and (3) failing to inquire into defense counsel’s unintentional contact with a juror or declare a mistrial. Defendant also avers that the cumulative effect of these errors entitles him to relief. We affirm.

In Re Liam M.
M2024-01437-COA-R3-PT
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Kathryn Wall Olita

The circuit court determined that two grounds for termination of a mother’s parental rights to her child had been proven by clear and convincing evidence but concluded that the petitioners failed to prove by clear and convincing evidence that termination of the mother’s parental rights was in the child’s best interest. The petitioners appealed. Discerning no error, we affirm the circuit court’s decision.

Riley Davidson v. Shelbyville Hospital Company, LLC
M2025-00905-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Judge M. Wyatt Burk

This appeal arises out of a health care liability claim. The case proceeded to trial, and the jury entered a verdict in favor of the appellee-defendant. The appellant-plaintiff appeals the trial court’s acceptance of two of defendant’s expert witnesses. Upon diligent review of the record, we conclude that the trial court erred in allowing defendant’s causation expert witness to testify about his interpretation of a diagnostic image when his opinion about that image had not been properly disclosed as required by the Tennessee Rules of Civil Procedure. We also conclude that this error more probably than not affected the judgment. We further conclude that the trial court erred in allowing defendant’s standard-of-care expert witness to testify despite not satisfying the locality rule contained in the Health Care Liability Act. However, we conclude that this error did not more probably than not affect the judgment. We vacate the jury’s verdict and the trial court’s judgment and remand this matter for a new trial.

In Re Bravon K.
M2024-01029-COA-R3-PT
Authoring Judge: Chief Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Charles B. Tatum

The father of the minor child appeals the termination of his parental rights. The paternal aunt and uncle, who sought custody of the minor child, appeal the denial of their motion to intervene. We affirm both decisions.

State of Tennessee v. Deviest Patton
M2025-01139-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Chancellor Howard W. Wilson

Following a bench trial, Deviest Patton (“Appellant”) was found not guilty by reason of insanity. The trial court ordered Appellant to be diagnosed and evaluated pursuant to Tennessee Code Annotated section 33-7-303(a)(1). Upon completion of the evaluation, the State filed a complaint for judicial commitment. Following an evidentiary hearing, the court ordered Appellant to be judicially committed. On appeal, Appellant asserts the trial court erred by ordering judicial hospitalization. Discerning no error, we affirm.

State of Tennessee v. Michele Lee Ridgeway
W2025-01052-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Bruce Irwin Griffey

The Defendant, Michele Lee Ridgeway, pled guilty to two counts of the sale of more than 0.5 grams of methamphetamine. The trial court imposed an effective sentence of eight years suspended to supervised probation. Thereafter, the Defendant allegedly violated the terms of her probation by possessing drug paraphernalia in her residence. Following a revocation hearing, the trial court fully revoked the Defendant’s suspended sentences and ordered her to serve the remainder of her sentences in confinement. On appeal, the Defendant raises two issues: (1) whether the State proved that she violated the conditions of her suspended sentences; and (2) whether the trial court abused its discretion in fully revoking her probation as a consequence of the alleged violation. Upon our review, we conclude that the State did not prove that the Defendant violated the terms of her probation. Because we resolve the appeal on that basis, we do not reach the second issue. Accordingly, we respectfully reverse and vacate the revocation order and remand the case for dismissal of the revocation proceedings.

State of Tennessee v. Joshua Daniel Gibbons
E2025-00734-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge William K. Rogers

Defendant, Joshua Daniel Gibbons, appeals his Sullivan County Criminal Court jury conviction of disorderly conduct, arguing that the evidence was insufficient to support his conviction and that the trial court erredin its instructions to the jury. We find that the trial court erred by instructing the jury on a mode of disorderly conduct not included in the charging instrument and that, in any event, the evidence was insufficient to support Defendant’s convictionunder either mode of liability charged to the jury. Accordingly, we reverse the judgment of the trial court and dismiss the charge.

State of Tennessee v. Todd Allen Burrows, Jr.
E2025-01346-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge James F. Goodwin, Jr.

Defendant, Todd Allen Burrows, Jr., appeals the Sullivan County Criminal Court’s revocation of his probation, arguing that the trial court erred by ordering that he serve the balance of his sentence in confinement. Because we conclude that the trial court did not abuse its discretion, we affirm.