The petitioner, Jaquan Gathing, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

A Dyer County Circuit Court jury convicted the Defendant, Robert Bevis, Jr., of two counts of attempted first degree premeditated murder and one count of employing a firearm during the commission of a dangerous felony, and the trial court imposed concurrent sentences of thirty-five years at eighty-five percent for the attempted murder convictions and a consecutive ten-year sentence at one hundred percent for the firearm conviction. On appeal, the Defendant argues: (1) the trial court failed to declare a mistrial in response to numerous outbursts by the victims’ families; (2) the evidence is insufficient to sustain his convictions; (3) the trial court erred in overruling the defense’s objection when the prosecutor misrepresented evidence during closing argument; and (4) the trial court erred in failing to instruct the jury on voluntary intoxication and attempted first degree murder without serious bodily injury. After review, we affirm the judgments of the trial court but remand the case for entry of a corrected judgment in Count 4 to reflect the accurate conviction offense of employing a firearm during the commission of a dangerous felony.

The Defendant, Ralph Lee Atkins, Jr., was convicted by a Knox County Criminal Court jury of second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2018). The Defendant was sentenced to twenty-two years’ incarceration. On appeal, he contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

The Federalist Society’s Knoxville Lawyers Chapter will host a conversation with former U.S. Attorney General Jeff Sessions at the Foundry, 747 Worlds Fair Park Drive Knoxville, 37902 on March 5 at 5:30 p.m. CST. Go here for registration and ticket information.

Robert. L. Bakeris, a Florida licensed attorney, today received a Public Censure from the Supreme Court of Tennessee and was ordered to pay the costs and fees of the Board of Professional Responsibility. While appearing in a Tennessee matter pro hac vice, Bakeris failed to pay the required registration fees for a two (2) year period. Upon learning of the missed payments, Bakeris made full payment of the unpaid fees and asserted that it was an inadvertent oversight which was confirmed by his office manager in charge of making the payments.

Appellees, a married couple at the time, purchased two properties. Appellants, Husband’s adult daughters from a previous relationship, sought imposition of resulting trusts on the respective properties. Appellants, each of whom lived in one of the properties, maintained that they had agreements with their father whereby they would own the properties so long as they paid all expenses thereon. Appellee/Wife disputed such arrangement and maintained that the disputed properties were marital properties. Because of the suspect circumstances surrounding the purchases of the properties and the disputed testimony regarding any agreements by and between Husband and Appellants, Wife argued that the properties were not subject to the imposition of the equitable remedy of resulting trusts. The trial court denied Appellants’ respective petitions to establish resulting trusts, and they appeal. Because Appellants failed to meet the burden of proof to establish resulting trusts, we affirm the trial court’s decision.

A general contractor sued two business entities and their sole owner for breach of contract. The defendants denied liability and filed a counter-complaint. Four years later, the contractor moved for sanctions under Tennessee Rule of Civil Procedure 16.06. The trial court entered a default judgment against the defendants and dismissed their counterclaims with prejudice due to their repeated failure to comply with pretrial orders. The defendants moved to set aside the final judgment. The trial court granted the owner relief from the judgment. But it refused to set aside the judgment against his two companies. And it granted the contractor summary judgment against the owner on the remaining claims. We affirm.

Eastern District of Tennessee Judge Clifton Corker today granted a preliminary injunction suspending NCAA rules regarding name, image and likeness (NIL) benefits, finding the rules likely violate federal antitrust law and caused irreparable damage to athletes. Knox News reports that while the federal case is not directly connected to an NCAA investigation into University of Tennessee, the injunction makes it more difficult to pursue. The decision could have a significant impact on college sports, as the NCAA's rules banning NIL recruiting inducements are suspended for more than 523,000 athletes at 1,088 institutions. College recruits and transfers can now negotiate and sign NIL contracts before enrolling at a university. Attorneys general in Tennessee and Virginia argued that the rules should be suspended immediately because recruits are losing leverage without the ability to negotiate their fair market value.

The 17th Annual Napier-Looby Bar Foundation (NLBF) Barristers’ Banquet and Awards Program was held yesterday in Nashville. The annual event honors distinguished attorneys and judges and supports NLBF's law school scholarships and charitable efforts throughout the year. Awards were presented to Chancellor Russell Perkins, who received the Alexander Looby Lifetime Achievement Award; Dannelle F.W. Whiteside, vice president for legal affairs and organizational strategy at Austin Peay State University, who received the J.C. Napier Trailblazer Award; and Davidson County General Sessions Court Judge Marcus Floyd, who was presented the Justice A.A. Birch Outstanding Service Award. The late Judge Richard H. Dinkins was honored at a reception immediately preceding the banquet. See a photo from the event.

TBA’s Legislative Updates podcast is new with TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. This week they discuss HB1804/SB1690 which establishes a presumption of joint custody; HB2710/SB2254, the TBA conservatorship bill; and HB2644/SB2633, which cleans up some current laws relating to adoption and foster parents. Legislative Updates airs each week on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.