APPELLATE COURT OPINIONS

This appeal involves a series of cases – a paternity action, a dependency and neglect proceeding, and the present case, a petition to establish paternity and set child support. The first paternity suit had been dismissed by the mother after genetic testing had taken place, but before the court entered an order of parentage. During subsequent dependency and neglect proceedings, a grandmother had received temporary custody of the child. Finally, the State of Tennessee filed this case on the grandmother’s behalf to establish paternity and collect child support from the child’s biological father. The father insisted that he had never been properly served in the dependency and neglect proceeding, so the trial court dismissed the State’s petition. For the following reasons, we reverse and remand.

The defendant, Edgar White, Jr., was convicted of driving under the influence (first offense) (DUI) and simple possession of marijuana, both Class A misdemeanors, and was sentenced to eleven months, twenty-nine days in jail for each, suspended to thirty days, to be served concurrently. On appeal, the defendant challenges both the sufficiency of the evidence that formed the basis of his convictions and the length of his sentence. We conclude that the evidence was sufficient to sustain both convictions, and we affirm the convictions. We also affirm the sentence imposed by the trial  court.

The defendant, Dodrick Losame Houston, pled guilty to burglary and violating the motor vehicle habitual offender law, Class D and E felonies respectively. He was sentenced as a Range I, standard offender to two years for the former and one year for the latter, with the sentences to be served consecutively, for an effective sentence of three years. On appeal, he argues that the trial court erred by denying probation. Following our review, we affirm the sentences ordered by the trial court.

The Trial Court granted defendant summary judgment on the ground that the medical bills incurred by plaintiff were excluded from coverage under the health insurance provided by defendant. On appeal, we vacate the summary judgment and remand.

We granted this appeal of the defendant’s perjury conviction to determine whether the prosecutor must prove which of the defendant’s two inconsistent statements was false. We hold that pursuant to Tennessee Code Annotated section 39-16-707 (1997), the prosecutor was not required to prove which of the two statements made by the defendant was false. Therefore, the State was relieved of any election requirement, and no enhanced unanimity instruction was warranted. We also hold that the evidence was sufficient to support the defendant’s perjury conviction and that the trial court properly allowed the defendant’s trial counsel to testify.

The State charged the appellant, Lee Turner, with misdemeanor assault, and a Marion County Circuit Court jury convicted him of that offense. After a sentencing hearing, the trial court sentenced the appellant to eleven months, twenty-nine days to be served at seventy-five percent. On appeal, the appellant contends (1) that the trial court erred by giving the jury an improper “dynamite” or Allen charge after the jury announced it was deadlocked; (2) that the trial court erred by refusing to admit the victim’s prior juvenile conviction into evidence for impeachment purposes; and (3) that the trial court relied on unsubstantiated facts in determining the appellant’s sentence. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer Nissan North America, Inc., asserts that the trial court erred by awarding benefits based on a 4% anatomical and 48% vocational disability rating to the lower right extremity to the employee, Tracy Brown-Harper. We affirm the judgment of the trial court.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court findings of fact and conclusions of law. The employer, Taylor Farms Tennessee, Inc., and Zurich American Insurance Company, have appealed the trial court’s award of 50% whole body impairment to Mr. Timmons. It is the appellant’s contention that expert medical testimony fails to support the trial court’s finding that Mr. Timmons’ hip condition was aggravated or advanced permanently by the work-related injury. After carefully considering the record, we affirm the judgment of the trial court.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found that the employee was entitled to a permanent partial disability award of fifty-five percent (55%) to the left upper extremity for an injury to his left arm and twelve percent (12%) to the body as a whole for loss of hearing and tinnitus. The employer contends that the evidence preponderates against both of these awards. The employee claims that this appeal is frivolous. We affirm the trial court on both awards, but conclude that the appeal is not frivolous.

A former employee of the Highland Youth Center appeals the denial of her claim for unemployment benefits. The employee was subjected to a severe assault while at work at the youth center. She attempted to return to work after the incident but was unable to remain at work due to the severe psychological trauma associated with the assault at the workplace. She filed a claim for unemployment benefits, which was denied by the Department of Labor, the Appeals Tribunal, and the Board of Review on the ground she did not have “good cause” to terminate her employment. The Chancery Court affirmed the denial of benefits, and this appeal followed. We reverse finding the employee had good cause for terminating her employment at the Highland Youth Center.

Because I conclude that the trial court committed reversible error in giving its instructions to the jury, I am unable to join the majority’s affirmance of the appellant’s sentence and respectfully dissent.

The Defendant, Christopher Nathaniel Richardson, pled guilty to one count of possession of a controlled substance with the intent to deliver, and he was sentenced as a Range II multiple offender to seven years of supervised probation, with the first year to be served on intensive probation. After two probation violation warrants were issued based upon two arrests and other violations, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in confinement. It is from this judgment that the Defendant now appeals, contending that, while the trial court was within its discretion to revoke his probation, his violation does not warrant the imposition of his entire sentence. Concluding there exists no error, we affirm the judgment of the trial court.

The petitioner, Joseph Hough, appeals the trial court's denying his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition presents no cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

A Marshall County jury convicted the Defendant, Edgar Lewis Ries, of attempted first degree murder and conspiracy to commit first degree murder. The Defendant was sentenced to concurrent terms of twenty years for his convictions. On appeal, he alleges there was insufficient evidence to support his convictions and that the trial court erred when it sentenced him. Finding no error exists, we affirm the judgments of the trial court.

Following a jury trial, Petitioner, Jerome Sawyer, was convicted of aggravated sexual battery and sentenced to eighteen years in the Department of Correction as a Range II, multiple offender. This Court affirmed his conviction. Petitioner then filed a petition for post-conviction relief. After appointing counsel and conducting several hearings, the trial court denied his petition for post-conviction relief. In his appeal, Petitioner argues that he is entitled to post-conviction relief because (1) trial counsel provided ineffective assistance of counsel, and (2) the post-conviction court improperly allowed trial counsel to be examined outside of Petitioner’s presence. After a thorough review, we affirm the judgment of the trial court.

The Defendant, Jerral D. Parris, was indicted on two counts of extortion. A Warren County jury convicted the Defendant of two counts of attempted extortion. On appeal, the Defendant alleges the following: (1) attempted extortion is not a crime in Tennessee; (2) there was insufficient evidence to convict the Defendant of attempted extortion; (3) the trial court improperly denied a motion for a change of venue; (4) the trial court erred in refusing to allow the Defendant to test and inspect audio tape evidence; (5) the trial court erred in not declaring a mistrial after the Defendant was compared to a notorious murderer; (6) the trial court erred by failing to instruct the jury as to the affirmative defense to extortion; and (7) the trial court erred in sentencing the Defendant. After a thorough review of the record and applicable law, we determine that attempted extortion is a crime in Tennessee and that there was sufficient evidence to convict the Defendant of this crime. His conviction, however, must be reversed because the trial court improperly refused to allow a jury instruction on an applicable affirmative defense. Thus, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.

The Defendant, Billy Alfred Mathes, was convicted by a Greene County jury of burglary. On appeal, he alleges there was insufficient evidence for any rational jury to convict him of that crime and that his sentence of six years was excessive. Finding no error exists, we affirm the judgment of the trial court.

Petitioner, Rickey Hogan, appeals the order dismissing his petition for a writ of habeas corpus, raising two issues: (1) whether his concurrent, forty-year sentences, imposed in 1985 for robbery with a deadly weapon and second degree murder, are void; and (2) whether the Department of Correction has miscalculated the expiration date of his sentences. Following our review, we affirm the habeas corpus court’s order of dismissal.

The Appellant, Michael J. Hart, appeals the denial of his petition for post-conviction relief by the Madison County Circuit Court. Hart pled guilty to first degree felony murder, aggravated robbery, and felony evading arrest, and received an effective sentence of life without parole. On appeal, Hart contends that his pleas were not knowingly and voluntarily entered due to trial counsel’s ineffectiveness during the pre-plea proceedings. Following review, we affirm the judgment of the post-conviction court.

The defendant, Jeffery McClennon Morris, was convicted of aggravated sexual battery, a Class B felony, as well as domestic assault and contributing to the delinquency of a minor, Class A misdemeanors. He was sentenced as a violent offender to fifteen years in the Department of Correction for the felony and concurrent sentences of eleven months and twenty-nine days for each misdemeanor. He raises three issues on appeal: (1) the sufficiency of the convicting evidence; (2) whether certain of his statements were admitted at trial in violation of Tennessee Rule of Criminal Procedure 16(a)(1)(A); and (3) the validity of his indictment for domestic assault. Following our review, we affirm the judgments of the trial court.

Aggrieved of his convictions of first degree premeditated murder, setting fire to personal property, and abuse of a corpse, the petitioner, Chet Allen Walker, sought post-conviction relief, which was denied by the Hamilton County Criminal Court after an evidentiary hearing. On appeal, the petitioner argues that he received ineffective assistance of counsel because trial counsel failed to call a particular character witness. We affirm the denial of post-conviction relief.

The defendant, Phillip Eugene Johnson, was convicted by a Tipton County jury of statutory rape and sexual battery and was sentenced to an effective term of two years in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and argues that prosecutorial misconduct caused the jury to render an adverse verdict. Following our review of the record and the parties’ briefs, we affirm the judgments of the trial court.