Aggrieved of his Hamilton County Criminal Court jury convictions of felony murder in the perpetration of aggravated child abuse and aggravated child abuse, the defendant, Rhasean Lowry, appeals. The defendant alleges that the trial court erred by denying his motion to disqualify the Hamilton County District Attorney General’s Office, by admitting into evidence photographs taken during the victim’s autopsy, by refusing to provide a jury instruction on facilitation as a lesser included offense of felony murder and aggravated child abuse, and by denying his motion for new trial based upon the admission of certain testimony. He also contends that the evidence was insufficient to support his convictions. Discerning no error, we affirm.

The Defendant, Tremaine Wilbourn, appeals his convictions for first degree premeditated murder, carjacking, employing a firearm during the commission of a dangerous felony, and possession of a firearm while having a prior felony conviction involving the use or attempted use of violence, for which he received an effective sentence of life in prison without the possibility of parole plus thirty-eight years. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction for first degree premeditated murder; (2) the trial court erred in prohibiting defense counsel from referencing a prior shooting during opening statements; (3) the trial court erred in excluding evidence of the Defendant’s reason for turning himself in to the United States Marshals Service; and (4) the prosecutor improperly utilized a gun as a demonstrative aid and made improper comments during closing arguments. Upon reviewing the appellate record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court.

A jury convicted the Petitioner, Ziberia1 Marico Carero, of possession of 0.5 grams or more of cocaine in a school zone with intent to sell, possession of 0.5 grams or more of cocaine in a school zone with intent to deliver, sale of 0.5 grams or more of cocaine, and delivery of over 0.5 grams or more of cocaine, and on appeal, his convictions were merged into a single conviction for possession of 0.5 grams or more cocaine in a school zone with intent to sell. This court affirmed the convictions and sentence of twenty-three years in confinement. The Petitioner filed a timely post-conviction petition asserting that he received ineffective assistance of counsel because trial counsel failed to: (1) move for a mistrial based upon the State’s presentation of “surprise” witnesses; (2) object to hearsay testimony; (3) object to a multiplicitous indictment; (4) adequately investigate; and (5) request a facilitation instruction. Under a heading of “cumulative error,” the Petitioner also asserts that trial counsel failed to: (6) secure sequestration of the witnesses; (7) present witness testimony; and (8) protect the Petitioner’s right to testify. The Petitioner also raises various trial errors and contends he is entitled to relief pursuant to cumulative error. After a thorough review of the record, we conclude that the Petitioner’s claims fail to establish ineffective assistance of counsel or have been previously determined or waived, and we affirm the post-conviction court’s denial of relief.

A jury convicted the Petitioner, Ziberia1 Marico Carero, of possession of 0.5 grams or more of cocaine in a school zone with intent to sell, possession of 0.5 grams or more of cocaine in a school zone with intent to deliver, sale of 0.5 grams or more of cocaine, and delivery of over 0.5 grams or more of cocaine, and on appeal, his convictions were merged into a single conviction for possession of 0.5 grams or more cocaine in a school zone with intent to sell. This court affirmed the convictions and sentence of twenty-three years in confinement. The Petitioner filed a timely post-conviction petition asserting that he received ineffective assistance of counsel because trial counsel failed to: (1) move for a mistrial based upon the State’s presentation of “surprise” witnesses; (2) object to hearsay testimony; (3) object to a multiplicitous indictment; (4) adequately investigate; and (5) request a facilitation instruction. Under a heading of “cumulative error,” the Petitioner also asserts that trial counsel failed to: (6) secure sequestration of the witnesses; (7) present witness testimony; and (8) protect the Petitioner’s right to testify. The Petitioner also raises various trial errors and contends he is entitled to relief pursuant to cumulative error. After a thorough review of the record, we conclude that the Petitioner’s claims fail to establish ineffective assistance of counsel or have been previously determined or waived, and we affirm the post-conviction court’s denial of relief.

This is a premises liability action in which the plaintiffs, a husband and wife, filed suit against the defendant grocery store for personal injuries and other damages resulting from the wife’s slip and fall in the parking lot. The trial court granted the defendant’s motion for summary judgment, holding that the plaintiffs failed to establish that the defendant owed a duty of care to maintain the parking lot, which was owned and operated by a third party. The plaintiffs appeal. We reverse the decision of the trial court.

This appeal arises from a conservatorship action in which an attorney ad litem was appointed to represent the respondent. The dispositive issue is whether the trial court had the discretion to assess all or any portion of the fees of the attorney ad litem to a party other than the respondent when Tenn. Code. Ann. § 34-1-125(b) states “[t]he cost of the attorney ad litem shall be charged against the assets of the respondent.” The trial court ruled that it did not have the discretion to deviate from the clear mandate in the statute. We affirm.

THAPAR, Circuit Judge. Forever is a really long time—no less so in tax law. The Internal Revenue Code requires that certain donations be “protected in perpetuity” for the donor to receive a tax deduction. I.R.C. § 170(h)(5)(A). The question here is whether a donation satisfies this requirement when it empowers the donor to make harmful changes to the donation whenever the donee fails to act within 45 days of the proposed change. The Tax Court found that this 45-day window falls well short of “perpetuity.” We agree and affirm.

ROGERS, Circuit Judge. The First Step Act provision regarding retroactivity of the Fair Sentencing Act does not prohibit courts from considering a defendant’s post-sentencing conduct when deciding whether to reduce his sentence. As the Government concedes, the district court in this case erred in ruling that, in making such a determination under the First Step Act, the court could not consider post-sentencing conduct. A remand is accordingly required.

Other issues that the parties may dispute with respect to Allen’s First Step Act motion have not been raised by Allen in this appeal, and we accordingly do not address them. We reverse the district court’s order and remand for the court to consider Allen’s First Step Act motion consistently with this opinion.

The Petitioner, William Floyd Cartwright, challenges the denial of his petition for post- conviction relief attacking his jury conviction for first degree premeditated murder. On appeal, the Petitioner first raises a free-standing claim that the jury instruction requiring the jury to “accept the law as given by the [trial] court” was violative of the Tennessee Constitution and warrants post-conviction relief. The Petitioner then alleges that he received ineffective assistance at trial due to trial counsel’s (1) failure to move for a new preliminary hearing due to an incomplete recording of the first; (2) failure to fulfill a promise made during opening statement that the victim was on house arrest with supporting proof at trial; (3) failure to adequately cross-examine the medical examiner about the victim’s cause of death; (4) failure to seek to have the proof re-opened in order to call the co-defendant to the stand after the co-defendant had accepted a plea; and (5) failure to object to the aforementioned jury instruction. He also submits that the cumulative effect of trial counsel’s errors deprived him of a fair trial. After a thorough review of the record, we affirm the judgment of the post-conviction court.

The Defendant, Robert Michael Wolfenbarker, pleaded guilty to one count of theft of property valued at more than $60,000 but less than $250,000, two counts of theft of property valued at more than $2,500 but less than $10,000, one count of theft of property valued at $1,000 or less, one count of attempted auto burglary, and one count of vandalism. The trial court sentenced the Defendant to nine years of confinement. On appeal, the Defendant contends that the trial court erred when it sentenced him. After review, we affirm the Defendant’s sentences.