Opinions

State of Tennessee v. Thomas Koontz
E2025-01042-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge John F. Dugger, Jr.

Defendant, Thomas Koontz, appeals the judgment of the Criminal Court for Hamblen County revoking his probation and ordering execution of his original eight‑year,
six‑month sentence. He argues that the trial court (1) imposed an illegal sentence by altering his release eligibility from thirty percent to one hundred percent, and (2) failed to make the requisite findings on the record to justify ordering him to serve the entire sentence in confinement. Following our review of the record, the arguments and briefs of the parties, and the applicable law, we affirm the trial court’s finding that Defendant violated his probation and the revocation of probation; however, the trial court failed to articulate sufficient findings regarding the consequences imposed, as required by State v. Dagnan, 641 S.W.3d 751 (Tenn. 2022). Because the record is insufficiently developed for meaningful de novo review, we remand for entry of findings on the record consistent with Dagnan.

State of Tennessee v. Scott A. Stiner
E2025-00538-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Zachary R. Walden

The Defendant, Scott A. Stiner, was convicted by a Union County Criminal Court jury of soliciting sexual exploitation of a minor, a Class C felony, and four counts of aggravated sexual battery of a child less than thirteen years of age, a Class B felony. See T.C.A. §§ 39-13-529(soliciting sexual exploitation of a minor)1(2018)(subsequently amended), 39-13-504 (aggravated sexual battery) (2018)(subsequently amended). The trial court sentenced the Defendant to an effective fifty-four-year sentence. On appeal, the Defendant contends that (1)he did not receive a fair trial because the allegations and acts that constitute the basis of the convictions were different than the allegations in the indictment and the bill of particulars;(2) the court erred by failing to sever the offenses during the trial; (3) the evidence is insufficient to support his aggravated sexual battery of a child less than thirteen years of age conviction in Count 6;(4) he did not receive a unanimous verdict for aggravated sexual battery in Count 3; (5) the court erred by denying his motion for a mistrial; (6) the court erred in admitting evidence in contravention of Tennessee Rule of Evidence 404(b); (7) the court erred in admitting a diagram that was not properly authenticated; (8)the court erred by allowing expert testimony that went beyond the scope of the witness’s expertise; and (9) the court erred by ordering consecutive sentencing on all counts. We affirm the judgments of the trial court.

State of Tennessee v. Scott A. Stiner - Concurring
E2025-00538-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Zachary R. Walden

I agree with the majority in affirming the trial court’s judgments and legal conclusions, save for one issue. I write separately to express my disagreement with the majority opinion regarding the trial court’s decision to admit evidence of an uncharged sexual assault of a baby pursuant to Tennessee Rule of Evidence 404(b). I would find that the introduction of this evidence was in error; however, I would further find that the error was harmless in these circumstances and would affirm the convictions despite the error.

State of Tennessee v. Louis L. Steele
W2025-01690-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Weber McCraw

Defendant, Louis L. Steele, was convicted by a Hardeman County Jury of one count of indecent exposure in a penal facility, and the trial court imposed a Range II, three-year sentence to be served in the Department of Correction, consecutively to his Davidson County sentence. On appeal, Defendant argues that the evidence was insufficient to support his conviction. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

State of Tennessee v. Ulester A. Cross
W2025-01461-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Joseph T. Howell

Defendant, Ulester A. Cross, pled guilty to three counts of driving while his license was suspended, and one count each of simple possession of marijuanaand introducing contraband into a penal facility. He received an effective sentence of four years as a Range I offender, to be served on probationfollowing service of forty-five days. Following a hearing on a warrant for violation of his probation, the trial court revoked Defendant’s probation and ordered him to serve the balance of his original sentence incarcerated. Defendant appeals, arguing that the trial court erred in revoking probationwithout making sufficient findings. Following a review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

State of Tennessee v. Danterrio Devonta Poplar
W2025-00108-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge J. Weber McCraw

A Hardeman County jury convicted the Defendant, Danterrio Devonta Poplar, of evading arrest in a motor vehicle while creating a risk of death or injury to others. The trial court imposed a three-year sentence, with 75 days of incarceration and the balance to be served on supervised probation. On appeal, the Defendant argues that the prosecutor improperly vouched for the credibility of law enforcement witnesses during voir dire and rebuttal closing argument and that the trial court should have given a curative instruction following the prosecutor’s statement. Upon our review, we respectfully affirm the judgment of the trial court.

Xavier Young v. State of Tennessee
W2025-01639-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge James Jones, Jr.

The Petitioner, Xavier Young, appeals the Shelby County Criminal Court’s denial of postconviction
relief from his guilty plea to one count of carjacking. The Petitioner argues that
he received ineffective assistance of counsel and that his guilty plea was unknowing and
involuntary. We affirm the judgment of the post-conviction court.

Devan Denton v. State of Tennessee
W2025-01111-CCA-R3-HC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Carlyn L. Addison

A Shelby County jury convicted the Petitioner, Devan Denton, of several crimes, including three counts of aggravated rape. The trial court sentenced the Petitioner to an effective sentence of fifteen years to be served in the Tennessee Department of Correction, and the Petitioner wassubsequentlyhoused in the Turney Center Industrial Complex in Hickman County, Tennessee. However, he was temporarily moved to the Shelby County Jailfor proceedings stemming from his post-conviction petition. While being held in Shelby County, the Petitioner filed a petition for habeas corpus relief, which the habeas corpus court denied after a hearing. It is from this habeas corpus proceeding that the Petitioner appeals. We affirm the judgment of the habeas corpus court.

Andrew J. Withers v. Withers Collection, Inc., et al.
W2024-01929-COA-R3-CV
Authoring Judge: Judge Carma Dennis McGee
Trial Court Judge: Judge Rhynette N. Hurd

This appeal arises from a complaint originally filed in the Shelby County chancery court
that sought the removal of the trustee of a trust based on alleged breaches of fiduciary
duties, breach of trust, conversion of trust property, and other claims. The chancellor who
was assigned the case determined that he had a conflict of interest requiring him to recuse
himself. The other chancellors in the judicial district were also unable to hear the case, and
the original chancellor signed an order transferring the case to the circuit court. The circuit
court entered an order removing the trustee. The defendants filed this appeal. Finding that
the circuit court lacked subject matter jurisdiction, we vacate the removal of the trustee and
remand for transfer of the case back to a court of appropriate jurisdiction.

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.

IN RE JADEN H.
E2024-01825-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor James H. Ripley

In this termination action, the trial court terminated the father’s parental rights to his
minor child based upon two statutory grounds, finding that those grounds had been
proven by clear and convincing evidence. The court also found by clear and
convincing evidence that termination of the father’s parental rights was in the
child’s best interest. The father has appealed. Discerning no reversible error, 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.