Opinions

Annesha Jackson v. State of Tennessee
W2025-00940-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer, Judge John W. Campbell, Judge Matthew J. Wilson
Trial Court Judge: Judge Carlyn L. Addison

We conclude that the notice of appeal, filed pro se while represented by counsel,
was a nullity that failed to invoke this court’s jurisdiction. Likewise, counsel’s attempt to
correct this deficiency by filing a notice of appeal over ten months past the August 11,
2025 due date—unaccompanied by a motion seeking permission to waive the timely filing
of the notice of appeal—failed to invoke this court’s jurisdiction.
Upon full consideration, the State’s motion is well-taken and is, therefore,
GRANTED. We dismiss this appeal for lack of jurisdiction.

AHA Mechanical Contractors, LLC v. Shelby County Board of Education
W2025-01107-COA-R3-CV
Authoring Judge: Judge Steven W. Maroney
Trial Court Judge: Chancellor Melanie Taylor Jefferson

This appeal requires us to determine whether the trial court erred in granting Appellee/Shelby County Board of Education’s motion for summary judgment on its breach of contract claim against Appellant/Contractor. Because disputes of material fact and ambiguities arising therefrom exist, the trial court’s grant of summary judgment is reversed.

Hannah Louise Russell v. Tyler Patrick Russell
W2024-01135-COA-R3-CV
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Judge Carol J. Chumney

This appeal arises from a divorce case following a marriage of short duration. Husband
appeals the trial court’s award of transitional alimony and attorney’s fees as alimony in
solido to Wife. We affirm the award of transitional alimony, vacate the award of attorney’s
fees, and remand.

State of Tennessee v. John Jay Starnes
M2025-00802-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Ashleigh L. Travis

John Jay Starnes, Defendant, was convicted following a bench trial of two counts of unlawfully and negligently placing a child in imminent danger in violation of Tennessee Code Annotated section 39-15-401(d)(2022). Defendant argues that the trial court erred by denying diversion and by imposing a split-confinement sentence of eleven months and twenty-nine days, suspended to probation after service of thirty days in jail. Following a thorough review of the record and applicable law, we affirm the judgment of the trial court.

ROSARIO MORA v. ALBERTO MORA
E2026-01000-COA-T10B-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Suzanne Cook

This is an accelerated interlocutory appeal as of right filed pursuant to Tennessee Supreme
Court Rule 10B. The appellant failed to attach a copy of the order denying his recusal
motions to his petition for recusal appeal, and the appeal is hereby dismissed.

DANIEL JOSEPH WILLIAMS v. TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY
E2025-00793-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson
Trial Court Judge: Chancellor Deborah C. Stevens

The petitioner filed a petition seeking judicial review of certain interlocutory decisions
made by an administrative law judge during forfeiture proceedings conducted by the
Tennessee Department of Safety and Homeland Security. The petitioner also raised
constitutional issues that had not been raised during the agency proceedings. The trial court
determined that it did not possess subject matter jurisdiction to review the interlocutory
agency decisions or other constitutional issues raised for the first time in the petition for
judicial review. The petitioner has appealed. Discerning no reversible error, we affirm.

State of Tennessee v. Travarius Dewayne Houston
M2025-00826-CCA-R3-CD
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

After a bench trial, the trial court convicted the Defendant, Trevarius Dewayne Houston, of two counts of assault against a law enforcement officer, one count of retaliation for past action, one count of theft of merchandise, and one count of resisting arrest. The trial court sentenced the Defendant to serve a total effective sentence of two years, suspended to a year of probation. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his convictions; and (2) the State committed prosecutorial misconduct during closing argument. After review, we reverse the trial court’s judgments in Count 1 and Count 3 and affirm the remaining judgments.

State of Tennessee v. Kenneth Ray Smotherman, II
W2025-00458-CCA-R3-CD
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bruce I. Griffey

In 2023, a Benton County jury convicted the Defendant, Kenneth Ray Smotherman, II, of
the sale of .5 grams or more of methamphetamine. The trial court sentenced the Defendant
as a career offender to thirty years of confinement, to be served at 60%. On appeal, the
Defendant contends that the evidence is insufficient to support his conviction and that the
trial court erred when it did not instruct the jury on facilitation or casual exchange as lesser-included
offenses. After review, we affirm the trial court’s judgment.

State of Tennessee v. Amory K. Collins
E2025-00883-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven W. Sword

A Knox County jury convicted the Defendant, Amory K. Collins, of one count of burglary
and one count of criminal trespass. The trial court merged one count of criminal trespass
and the burglary conviction and then sentenced the Defendant to eight years of
incarceration. On appeal, the Defendant contends that the evidence is insufficient to sustain
his conviction for burglary because there was insufficient proof that he acted knowingly
with regard to the underlying theft or attempted theft. After review, we affirm the trial
court’s judgments.

LaCarl Tigg v. State of Tennessee
M2025-01894-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge James A. Turner

The petitioner, LaCarl Tigg, appeals from the Circuit Court of Rutherford County’s dismissal of his petition for post-conviction DNA Analysis and his pro se motion to vacate his guilty plea which the post-conviction court treated as a petition for post-conviction relief. Upon our review of the record and the parties’ briefs, we affirm the post-conviction court’s dismissal.

State of Tennessee v. Traci Marie House
M2025-01227-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Robert Bateman

The defendant, Traci Marie House, pled guilty to attempted possession of a firearm after having been convicted of a prior violent felony, and the trial court imposed a sentence of twelve years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying her motion to reconsider her sentence. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court.

State of Tennessee v. Ronnie Keith Rea
W2025-00384-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge J. Brent Bradberry

Defendant, Ronnie Keith Rea, appeals from his convictions for three counts of aggravated sexual battery and one count of solicitation of a minor. On appeal, he raises five issues. After a thorough review of the record, the parties’ briefs, and the applicable law, we conclude that four of the five issues have been waived. The only preserved issue is Defendant’s challenge to the sufficiency of the evidence, which we find legally sufficient to support his convictions. Accordingly, the judgments of the trial court are affirmed.

IN RE GRACELYNN H.
E2025-00466-COA-R3-PT
Authoring Judge: Judge Thomas R. Frierson
Trial Court Judge: Chancellor Amy Kathleen Skelton

In this case involving termination of the mother’s parental rights to her minor child, the
trial court determined that two statutory grounds for termination had been proven by clear
and convincing evidence. The trial court further determined that clear and convincing
evidence demonstrated that termination of the mother’s parental rights was in the child’s
best interest. The mother has appealed.1 Discerning no reversible error, we affirm.

Katrina Allen v. Blackbaud, INC.
W2025-01484-COA-R3-CD
Authoring Judge: Judge Valerie L. Smith
Trial Court Judge: Judge Donald H. Allen

Appellant appeals the trial court’s dismissal of her breach of contract and breach of fiduciary duty claims. Appellee asks this Court to award frivolous appeal damages under Tennessee Code Annotated section 27-1-122. Discerning no error, we affirm the judgment of the trial court. We grant Appellee its request for frivolous appeal damages.

State of Tennessee v. Chelsea Louise Smith
M2025-00955-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Larry J. Wallace

Defendant, Chelsea Louise Smith, appeals her Dickson County Circuit Court convictions for aggravated child abuse and first-degree felony murder committed in the perpetration of aggravated child abuse, for which she received sentences of fifteen years and life, respectively. Defendant contends that the evidence is insufficient to support her convictions; that the trial court abused its discretion by excluding the proposed testimony of her expert in biomechanics; and that her constitutional right to present a defense was violated by the trial court’s exclusion of the proposed expert testimony. Following a thorough review, we affirm.

State of Tennessee v. Teresa Kay Nolan
M2025-00562-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge David L. Allen

Following a jury trial, Defendant, Teresa Kay Nolan, was convicted of two counts of aggravated assault and one count of reckless endangerment with a deadly weapon, for which she received a total effective sentence of four years. On appeal, Defendant contends that: (1) the evidence is insufficient to support her convictions for aggravated assault; (2) the trial court committed plain error by failing to provide a jury instruction on self-defense; (3) the trial court abused its discretion by allowing the State to cross-examine Defendant regarding her prior conviction for attempted impersonation of a licensed professional; and (4) the trial court abused its discretion when it permitted the State to cross-examine her regarding her violation of bond conditions. Upon review, we affirm the conviction in count 2 but remand for entry of a corrected judgment, reflecting Defendant’s conviction for reckless endangerment with a deadly weapon and imposing a concurrent one-year sentence. We affirm the judgments of conviction in counts 1 and 3 in all respects.

RODNEY HARBACK v. EDDIE'S BODY SHOP, LLC, ET AL
E2025-00447-COA-R3-CV
Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Tom McFarland

This appeal arises from a breach of contract lawsuit following the sale of a body shop
business. Prior to the sale, the owner entered into a paint-purchasing agreement requiring
him to purchase $900,000 worth of paint over time in exchange for discounts and up-front
“pre-bate” payments. Under the paint-purchasing agreement, the paint supplier could
terminate the agreement if the business was sold without the supplier’s prior written
consent. The owner later sold his business to buyers pursuant to an asset purchase
agreement whereby the buyers agreed to take on the business’s paint-purchasing
obligations. The buyers initially kept buying paint from the same supplier but eventually
stopped. The paint supplier demanded repayment of the up-front funds from the prior
owner under his personal guarantee. The prior owner then sued the buyers, asserting that
they were required to hold him harmless. The buyers filed a counterclaim asserting that
the prior owner committed the first breach by selling the business without the paint
supplier’s consent, resulting in the buyers never receiving the expected value of the deal.
The trial court ruled in the prior owner’s favor. The buyers appeal. We affirm.

GREEN ACRES MCH, LLC V. JATEAL PENDERGRASS
E2025-00043-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Chancellor Ryan M. Spitzer

This is an unlawful detainer action in which the plaintiff landlord was awarded possession
and a judgment for unpaid rent and attorney fees when the defendant lessee refused to
vacate. We now affirm on appeal.

State of Tennessee v. Nickalous Ladd A/K/A Nickalous Clark
W2025-01494-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Chris Craft

The Defendant, Nickalous Ladd a/k/a Nickalous Clark, was convicted by a Shelby County Criminal Court jury of convicted felon in possession of a firearm, a Class C felony, and was sentenced by the trial court as a Range IV career offender to fifteen years at 60% in the Tennessee Department of Correction. The sole issue the Defendant raises on appeal is whether the evidence is sufficient to sustain his conviction. Based on our review, we affirm the judgment of the trial court.

State of Tennessee v. Johnny Mack Powell
E2025-01126-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Scott Green

A Knox County jury convicted the Defendant, Johnny Mack Powell, of one count of
attempted voluntary manslaughter, three counts of aggravated assault, one count of
possession of marijuana, one count of possession of drug paraphernalia, and one count of
trespassing. The trial court merged the aggravated assault convictions and sentenced the
Defendant, a Range II offender, to ten years of incarceration. On appeal, the Defendant
contends that the evidence is insufficient to sustain his convictions for attempted voluntary
manslaughter and aggravated assault because he was not the first aggressor and because he
acted in self-defense. After review, we affirm the trial court’s judgments.

KNOX COUNTY TENNESSEE ET AL. v. DELINQUENT TAXPAYERS ET AL
E2026-00812-COA-T10B-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Christopher D. Heagerty Jr.

This is a recusal appeal filed by the pro se petitioner relative to the underlying delinquent
taxpayer action. Because the petitioner has not demonstrated a factual basis warranting
recusal, we affirm the judgment of the trial court denying the motion to recuse.

Crista (Haynes) Johnston v. Donald Wayne Haynes et al.
M2024-01424-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge Brody N. Kane
The appellant filed a civil suit against her adoptive parents seeking damages stemming from child sexual abuse against her for which her adoptive father pleaded guilty. After the adopted parents filed a motion for summary judgment, the trial court held a hearing 15 days after service of the motion on the appellant and later granted the motion. On appeal, the appellant raises numerous issues, including whether the trial court correctly created the record on appeal, whether recusal was necessary, and whether summary judgment was appropriate. After review, we conclude that the trial court’s premature consideration of the motion necessitates vacatur and remand the matter for further proceedings. We affirm the court in all other respects.

Jacob Lee Carney v. State of Tennessee
M2025-01775-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge William R. Goodman, III

Petitioner, Jacob Lee Carney, appeals the denial of his petition for post-conviction relief, arising from his guilty-pleaded convictions for first degree premeditated murder and attempted first degree premeditated murder, for which he received a life sentence. On appeal, Petitioner argues that the post-conviction court erred in finding that he received the effective assistance of trial counsel and that his guilty plea was voluntarily and knowingly entered. After review, we affirm.

State of Tennessee v. Leigh Ann Champion Thweatt
M2025-01432-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Michael E. Spitzer

The Defendant, Leigh Ann Champion Thweatt, appeals the Lewis County Circuit Court’s revocation of her probation, arguing that the trial court erred in revoking her probation in full rather than allowing her to address her substance abuse issues on probation, contending that full revocation did not serve the ends of justice for the public or the Defendant. Following our review, we affirm the judgment of the trial court.

Jacob Franks v. State of Tennessee
W2025-00616-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Donald H. Allen

The Defendant, Jacob Franks, was convicted by a Madison County Circuit Court jury of sexual exploitation of a minor involving fifty or more images, a Class C felony, and fifteen counts of sexual exploitation of a minor, a Class D felony. See T.C.A. § 39-17-1003(a), (d)(2025). The trial court imposed an effective six-year sentence, to be served at 100%. On appeal, the Defendant contends that the trial court erred by excluding evidence of the Defendant’s roommate’s notarized written statement after the roommate invoked his Fifth Amendment privilege against self-incrimination at the trial. We conclude that the trial court erred in excluding the evidence. We affirm the judgments in Counts 5, 6,7, 8, 9,10, 11, 13, 14, and 15. We reverse the judgments in Counts 1, 2, 3, 4, 12, and 16 and remand for a new trial on these counts.