The Petitioner, John Patrick Tracy, Jr., pleaded guilty to one count of aggravated sexual battery and two counts of attempted aggravated sexual battery, and the trial court imposed the agreed upon effective sentence of fifteen years in the Tennessee Department of Correction, followed by an additional fifteen years to be served on Community Corrections. The Petitioner filed a petition for post-conviction relief, claiming that he had received the ineffective assistance of counsel at trial and that his guilty pleas were not voluntary. After a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel because his attorney failed to file essential motions, failed to investigate, and misrepresented his legal experience. He also argues that his guilty pleas were unknowingly and involuntarily entered. He further contends that the cumulative effect of his attorney’s errors entitles him to relief. After review, we affirm the post-conviction court’s judgment.

The Petitioner, Douglas E. Alvey, appeals from the denial of his petition seeking post- conviction relief from his conviction of first degree murder. On appeal, he argues: (1) trial counsel were ineffective in failing to present expert testimony negating the mens rea; and (2) that he did not knowingly understand the nature of his constitutional right to testify at trial. After review, we affirm the judgment of the post-conviction court.

The trial court dismissed this case without prejudice after determining that the plaintiff failed to properly respond to the defendant’s discovery requests for over a year despite multiple extensions. We affirm.

A mother appeals from the trial court’s decision regarding custody of her two minor children. However, because the mother filed a motion to recuse the trial court judge on which he failed to rule before entering a final order on the merits of the case, the judgment of the trial court must be vacated and remanded for further proceedings.

In the Circuit Court for Scott County (“the Trial Court”), Dr. David Bruce Coffey filed a complaint alleging that Buckeye Home Health Center, Inc. (“Buckeye”) breached its lease agreement with Dr. Coffey by failing to obtain fire insurance coverage on its leased portion of Dr. Coffey’s building. The building burned down during Buckeye’s tenancy. Buckeye filed a motion for summary judgment, arguing that it was impossible to obtain fire insurance coverage for only a portion of the building as required by the lease. The Trial Court granted Buckeye’s motion. Dr. Coffey appealed. Upon our review, we conclude that there is a genuine issue of material fact and reverse the Trial Court’s order dismissing Dr. Coffey’s complaint.

The plaintiff, Elevation Outdoor Advertising, LLC (“Elevation”), submitted six applications for billboard sign permits to the defendant, the City of Pigeon Forge, Tennessee (“the City”), and all six were denied by the City’s Planning Commission. In this action, Elevation sought a judgment (1) declaring the City’s former sign regulation ordinance and temporary moratorium on sign permits void and unenforceable, (2) declaring the City’s new sign regulation ordinance inapplicable, and (3) compelling the City by injunction or writ of mandamus to issue permits for Elevation’s proposed signs. Upon the City’s motion to dismiss, the trial court dismissed Elevation’s complaint with prejudice. The trial court determined that the proper relief for Elevation would have been via common law certiorari review, for which Elevation had not met the procedural requirements of timeliness and filing under oath. Elevation has appealed. Upon careful review, we determine that Elevation’s complaint properly stated a claim for declaratory judgment rather than writ of certiorari. We therefore reverse the trial court’s dismissal of Elevation’s complaint and remand for further proceedings consistent with this Opinion.

The annual Bench Bar Luncheon will take place June 12 as part of the TBA’s Convention as lawyers and judges from across the state gather to recognize judicial service. The keynote address will be given by Nashville lawyer Ed Yarbrough, of counsel with Spencer Fane, where he represents clients in major criminal cases and high-stakes civil litigation. Yarbrough has tried more than 160 jury cases, including more than 40 homicide cases, and has served as both prosecuting and defense attorney in matters involving white-collar crime, wrongful death, personal injury and public corruption cases. A successful trial lawyer for more than 40 years, his public service included serving as the U.S. attorney for the Middle District of Tennessee from 2007 to 2010. Also at the luncheon, Shelby County Criminal Court Judge Chris Craft will be recognized with TBA’s Justice Frank F. Drowota III Outstanding Judicial Service Award and Nashville lawyer Margaret Behm will receive the Judge Pamela L. Reeves Tennessee Professionalism Award, given jointly by the TBA and the Tennessee American Inns of Court. Make plans now to join your colleagues at this annual favorite!

A Chattanooga public charter school has agreed to pay $100,000 to the family of an 11-year-old boy, settling a federal lawsuit claiming that it wrongfully reported the student to police for an alleged threat of mass violence. WPLN News reports that the incident began when the student, nicknamed “Junior,” overheard two classmates discussing a potential school shooting and jokingly said “yes” when one appeared about to confirm the threat. Students then reported that Junior had threatened to shoot up the school. Though school administrators initially said he could return the next day, a sheriff’s deputy later handcuffed him at a family birthday dinner. The news outlet in partnership with ProPublica wrote about the case last October as part of a larger investigation into a new law in Tennessee making threats of mass violence at school a felony. According to the settlement, Chattanooga Preparatory School also agreed to implement training on how to handle threats of mass violence, including reporting only “valid” threats to police and differentiating between “clearly innocuous statements” and “imminent” violence.

The Tennessee Department of Mental Health and Substance Abuse Services is officially unveiling “Promise to Call,” a new effort to prevent suicide and save lives. The initiative urges people to write down their promise, keep it nearby and share it with others to raise awareness about available resources like the 988 Suicide & Crisis Lifeline. The campaign also aims to spark community conversations about suicide, reduce stigma around mental health and emphasize the life-saving power of a simple promise, Clarksville Online reports. “The concept of a promise is so simple and so universal. A promise is something that people hold dear and will remember. It is our belief that if someone makes a promise prior to a suicide crisis, it can save a life,” said Mental Health and Substance Abuse Commissioner Marie Williams. For more information email matthew.parriott@tn.gov.

One day after Knox County Mayor Glen Jacobs called for "immediate state intervention" at the Richard L. Bean Juvenile Detention Center in Knoxville, Richard Bean has been forced out as superintendent. Knox News reports that he announced his retirement in a press release today, stating that his last day will be Aug. 1. Bean fired the center's sole registered nurse and an information technology specialist on May 28, but Jacobs and Juvenile Court Judge Tim Irwin cited "questionable circumstances" and demanded that the employees be reinstated. The nurse had been documenting errors and concerning incidents regarding patients before she was fired.