Opinions

State of Tennessee v. John Valentine
W2025-01411-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Carolyn W. Blackett

Movant, John Valentine, appeals the summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, he argues that the indictment was defective and that his double jeopardy rights were violated. After our review, we affirm.

IN RE AYBREE Y.
E2025-00400-COA-R3-PT
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Timothy E. Irwin

This action involves the termination of a mother’s parental rights to her minor child. Following a bench trial with neither the mother nor her counsel present, the court found that clear and convincing evidence established several grounds of termination and that termination was in the best interest of the child. The mother argues on appeal, inter alia, that the court erred in permitting counsel to withdraw on the day of the hearing. We vacate the judgment and remand for further proceedings.

STATE OF TENNESSEE v. TONY CHARLES DAVENPORT
E2025-00452-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Gary McKenzie

The Defendant, Tony Charles Davenport, was convicted by a Cumberland County jury of
reckless homicide, attempted second degree murder, and attempted voluntary
manslaughter, for which he received an effective sentence of twenty-five years’
incarceration to be served as a Range II, multiple offender. On appeal, the Defendant
claims that the evidence was insufficient to support his convictions of attempted second
degree murder and attempted voluntary manslaughter and that the trial court erred in
imposing consecutive sentencing. The State responds that the Defendant’s appeal is
untimely and should be dismissed. Because we conclude that the Defendant’s notice of
appeal was untimely filed and that the interests of justice do not merit waiver of the
untimeliness, we dismiss the appeal.

JACOB EVAN COYNE v. STATE OF TENNESSEE
E2025-00589-CCA-R3-PC
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Amanda B. Dunn

The Petitioner, Jacob Evan Coyne, appeals from the Hamilton County Criminal Court’s
denial of his petition for post-conviction relief. On appeal, the Petitioner maintains that he
received the ineffective assistance of counsel based upon trial counsel’s (1) failure to
investigate or file pretrial motions challenging the credibility of an officer who investigated
his case, (2) failure to sufficiently meet with or to advise the Petitioner regarding the nature
of his case, and (3) failure to adequately advise the Petitioner regarding the status of plea
negotiations. Discerning no error, we affirm.

Jonathan Hamilton v. State of Tennessee
W2026-00147-CCA-R10-PC
Authoring Judge: Judge J. Ross Dyer, Judge John W. Campbell, Judge Matthew J. Wilson
Trial Court Judge: Judge Lee V. Coffee

On February 4, 2026, the pro se Appellant filed an application for an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10. On February 6, 2026, this Court issued an order noting that the Appellant failed to comply with the procedural requirements of Rule 10 by failing to attach to his application any order issued by the trial court for which review may be available. See Tenn. R. App. P. 10(a), (c). However, the Appellant also requested relief pursuant to the writ of mandamus, asserting that the trial court had failed to comply with the procedural requirements of the Post-Conviction Procedure Act. This Court requested a response from the State regarding the current status of the trial court proceedings and the appropriateness of the writ of mandamus.

DARENA L. DORSEY v. SCOTT DORSEY
E2024-00742-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Michael E. Jenne

This case arises out of the demise of a 20-year marriage. The trial court declared the parties divorced, equitably divided the marital estate, and awarded the wife alimony in solido, transitional alimony, and alimony in futuro. The husband appeals. Finding no abuse of discretion, we affirm the trial court’s decision in all respects.

STATE OF TENNESSEE v. JOSHUA BOWMAN
E2025-00174-CCA-R3-ECN
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven W. Sword

In 2011, a Knox County jury convicted the Petitioner, Joshua Bowman, of multiple
offenses stemming from the robbery and killing of the victim. He appealed his convictions,
all of which were affirmed save one: his conviction for especially aggravated kidnapping,
which we remanded for a new trial based on a jury instruction error. State v. Bowman, No.
E2012-00923-CCA-R3-CD, 2013 WL 4680402, at *1 (Tenn. Crim. App. Aug. 29, 2013),
perm. app. denied (Tenn. Feb. 11, 2014). In 2022, the Petitioner filed a petition for a writ
of error coram nobis saying that there was newly discovered evidence in the form of his
mental and counseling records, which supported his “intellectually diminished capacity
argument.” The State did not file its response until 2025, and it asserted that the records
were not newly discovered because they were his own records and, therefore, known to
him. After a hearing, the coram nobis court dismissed the petition finding that the petition
was untimely and that the Petitioner was not entitled to tolling because he was aware of his
educational limitations before trial and had discussed those limitations with his trial
attorney. After review, we affirm the judgment of the trial court.

MARY SUE GASTON LEE v. DANNY C. LEE
E2024-01696-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Jerri S. Bryant

In this divorce matter, the trial court classified and valued the parties’ assets, subsequently fashioning a distribution of the marital assets and liabilities that the court deemed equitable. The husband has appealed. We reverse the trial court’s determination regarding the classification and valuation of two assets and remand those issues to the trial court for further determination. Accordingly, because of these unresolved classification and valuation issues, we vacate the trial court’s overall distribution of marital property and remand that issue for further determination as well.

State of Tennessee v. Byron Becton
W2025-00846-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Jennifer Johnson Mitchell

Defendant, Byron Becton, appeals the summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we affirm the judgment of the trial court.

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 three convictions for rape, for which he is serving an eleven-year sentence in confinement. On appeal, Defendant argues that the trial court erred (1) by admitting the victim’s hearsay statements; (2) by denying his motion for judgment of acquittal because the evidence was insufficient to support his convictions; and (3) by failing to inquire into defense counsel’s unintentional contact with a juror or declare a mistrial. Defendant also argues that the cumulative effect of these errors entitles him to a new trial. Because we find that Defendant has failed to timely file his notice of appeal and the interest of justice does not support waiver of that requirement, we dismiss the appeal.

In Re Penelope S.
W2025-00732-COA-R3-JV
Authoring Judge: Senior Judge W. Mark Ward
Trial Court Judge: Magistrate W. Ray Glasgow

The juvenile court magistrate denied Appellant/Father’s petition for custody of the minor child on its finding that Tennessee was not the child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act. Father filed a timely request for review by the juvenile court judge under Tennessee Code Annotated section 37-1-107(d)(1)(A). Because the trial court’s order denying review fails to comply with section 37-1-107(d)(1)(E), it is vacated.

Juan Cerano v. State of Tennessee
W2025-00379-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge David L. Pool

The Petitioner, Juan Cerano, appeals the trial court’s summary dismissal of his petition for a writ of certiorari or supersedeas. Specifically, he contends that he is entitled to relief because he was twice punished for a single act in violation of double jeopardy and that merger of his convictions for aggravated sexual battery and rape of a child was improper. The Petitioner’s notice of appeal was filed almost two and one-half months late; an issue pointed out by the State on appeal. Following our review, we conclude that the interest of justice does not require waiver of the timely filing requirement because the Petitioner has given no explanation for the untimely filing, and the nature of his double jeopardy issue does not warrant such. Accordingly, we dismiss the appeal.

Kenneth Lee Cross v. A.W. Huggins, Acting Warden
M2025-00739-CCA-R3-HC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Michael Wayne Collins

The Petitioner, Kenneth Lee Cross, appeals as of right from the Trousdale County Circuit Court’s summary denial of his petition for writ of habeas corpus. He argues that his probation was revoked at a January 4, 2023 “furlough termination” hearing without counsel and without a valid waiver, rendering the judgment void. The habeas corpus court denied relief, finding noncompliance with statutory filing requirements and concluding the petition failed to state a cognizable habeas corpus claim. Based on our review, we affirm the habeas corpus court’s dismissal of the petition.

State of Tennessee v. Mario Reed
M2025-00099-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Mario Reed, was convicted in the Montgomery County Circuit Court of evading arrest involving risk of death or injury, a Class D felony; attempted tampering with evidence, a Class D felony; and reckless endangerment committed with a deadly weapon, a Class E felony. After a sentencing hearing, the trial court merged the reckless endangerment conviction into the evading arrest conviction and sentenced the Defendant as a Range II, multiple offender to concurrent seven-year sentences for evading arrest and attempted tampering with evidence. On appeal, the Defendant contends that (1) the trial court erred by refusing to dismiss the indictment due to a violation of Article IV of the Interstate Compact on Detainers (“ICD”), (2) the evidence is insufficient to support his conviction of attempted tampering with evidence and the jury rendered an inconsistent verdict for that offense, and (3) his seven-year sentence for evading arrest is excessive. Based upon our review, we affirm the judgments of the trial court. However, we remand the case to the trial court for sentencing on the reckless endangerment conviction.

Sean William Lee v. State of Tennessee
W2025-00954-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Chris Craft

The pro se Petitioner, Sean William Lee, appeals the summary dismissal of his petition for post-conviction relief. On appeal, the Petitioner argues that his guilty plea to multiple child sex offenses was involuntarily and unknowingly entered. Specifically, he submits that he was misinformed the Tennessee Bureau of Investigation would be supervising him while he was on the sex offender registry, instead of the Tennessee Department of Correction, the entity actually supervising him, rendering his plea constitutionally infirm. Because this particular issue was not first properly presented in the post-conviction court, this court is without authority to engage in plenary review. Accordingly, the judgment of the post-conviction court is affirmed.

Breanna Nicole Emerson v. Samuel Ryan Emerson
M2026-00244-COA-T10B-CV
Authoring Judge: Senior Judge W. Mark Ward
Trial Court Judge: Judge Matthew Joel Wallace

This accelerated interlocutory appeal is taken from the trial court’s order denying Appellant’s motion for recusal. Because Appellant’s application for appeal is untimely under Tennessee Supreme Court Rule 10B, §2.02, this Court does not have subject-matter jurisdiction over the appeal, and it is dismissed.

Jerome Barrett v. State of Tennessee
M2025-01620-CCA-R28-PC
Authoring Judge: Judge Robert L. Holloway, Jr.; Judge Timothy L. Easter; Judge Jill Bartee Ayers
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Jerome Barrett, has filed an application for permission to appeal the trial court’s order denying his motion to reopen his post-conviction petition. Tenn. Code Ann. § 40-30-117; Tenn. Sup. Ct. R. 28, Sec. 10(B). The State responds by asserting the application is incomplete and, thus, should be denied. For the reasons stated below, the Court agrees with the State.

John H. Capps v. OneCare Dental Solutions, LLC et al.
M2024-00436-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge David D. Wolfe

In this dispute between members of a limited liability company, the plaintiff alleged that the defendant breached her fiduciary duty through the unilateral sale of company assets. The trial court referred the matter to a Special Master, who determined the assets were significantly undervalued in the sale and recommended a judgment in favor of the plaintiff. The defendant filed no objections to the Special Master’s report. The trial court subsequently adopted the findings and recommendations. On appeal, the defendant challenges the trial court’s adoption of the report, asserting that the trial court failed to make independent findings. We affirm.

Kimberly P. Urquia v. Eric D. Neal - DISSENT
W2024-01842-COA-R3-CV
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Judge Cedrick D. Wooten

I agree with the underlying facts of this dispute as stated in the majority opinion. I disagree with the trial court and the majority in their application of Tennessee Code Annotated section 56-17-1206 (“UM statute”). My disagreement is two-fold. First, the trial court should not have looked any further than the plain language of section (d) of the UM statute. Second, although I would hold section (e) of the UM statute inapplicable here, I also take issue with the trial court’s findings that led to its grant of summary judgment under section (e).

IN RE ISAIAH M.
E2026-00053-COA-T10B-CV
Authoring Judge: Judge W. Neal McBrayer
Trial Court Judge: Chancellor Suzanne Cook

Petitioner seeks accelerated review of the denial of her motion to recuse the trial judge. The motion to recuse was filed after the entry of a judgment and the denial of a motion under Tennessee Rule of Civil Procedure 59. Because issues related to the denial of the motion to recuse may be raised in petitioner’s appeal of the final judgment, we dismiss this appeal.

State of Tennessee v. Albert Dejuan White - CONCUR
W2025-00253-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge A. Blake Neill

I write separately from the well-reasoned majority opinion because I would reach a different conclusion regarding whether law enforcement officers violated Miranda v. Arizona, 384 U.S. 436 (1966), as explained below. In all other respects, I agree with the opinion and concur in the results.

State of Tennessee v. Albert Dejuan White
W2025-00253-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge A. Blake Neill

Defendant, Albert Dejuan White, appeals his Tipton County Circuit Court trial convictions of possession with intent to deliver twenty-six grams or more of cocaine, possession of a firearm during the commission of a dangerous felony, and possession of drug paraphernalia, arguing that the trial court erred by denying his motion to suppress evidence and statements obtained during the search of his residence and that the evidence was insufficient to support his convictions. Discerning no reversible error, we affirm the judgments of the trial court.

In Re Daisy B.
M2025-00470-COA-R3-PT
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Chancellor Louis W. Oliver

Great-Grandmother appeals the denial of her petition to terminate Mother’s parental rights. The trial court found one ground for termination but concluded that termination of Mother’s parental rights was not in the child’s best interest. We affirm.

Kimberly P. Urquia v. Eric D. Neal
W2024-01842-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Cedrick D. Wooten

This case involves the application of Tennessee Code Annotated section 56-7-1206(d) in a personal injury lawsuit in which the plaintiff seeks to proceed directly against her uninsured motorist insurance carrier. The trial court granted summary judgment to the carrier. The plaintiff appeals. We affirm.

Ben C. Adams v. Buchanan D. Dunavant, et al.
W2023-01505-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Joe Townsend

This is an appeal from an interpleader action filed by a trustee of a trust who held funds that were to be distributed to a beneficiary but were subject to claims by other parties. The trial court granted the trustee permission to deposit the funds, discharged him from liability, and ordered some of the funds to be disbursed in accordance with settlement agreements the beneficiary had entered into in other litigation involving his children. The trial court proceeded to consider the claims of various other parties to determine who was entitled to the remainder of the interpleaded funds. Law firms who had represented the beneficiary in separate litigation filed an answer and claimed that they had an attorney charging lien against the trust distributions. After an evidentiary hearing, the trial court determined that the law firms presented no proof of an attorney lien against the trust distributions. As such, the trial court ordered the remaining funds to be distributed to other parties. After an additional hearing on motions to revise, the trial court again found that no attorney lien existed. The law firms appealed. For the following reasons, the decision of the trial court is hereby affirmed and remanded.