The Petitioner, Donte R. Swanier, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions of felony murder, attempted especially aggravated robbery, and attempted aggravated robbery. On appeal, the Petitioner argues that counsel provided ineffective assistance in failing to convey an offer of settlement to him prior to trial, in failing to move for a judgment of acquittal at the conclusion of the State’s proof at trial and challenge the sufficiency of the evidence on direct appeal, in failing to pursue a conviction for a lesser included offense at trial, in failing to effectively argue against the admission of evidence pursuant to Tennessee Rule of Evidence 404(b), and in failing to seek suppression of cell phone records and evidence obtained from a GPS tracker placed by law enforcement on the Petitioner’s vehicle. The Petitioner also maintains that the cumulative effect of counsel’s deficiencies deprived him of his right to a fair trial. We affirm the judgment of the post-conviction court.

The Defendant, David Lynn Richards, Jr., appeals his Knox County Criminal Court convictions for three counts of sexual battery by an authority figure (Counts 1, 2, and 9), two counts of rape (Counts 3 and 4), three counts of statutory rape by an authority figure (Counts5,6,and7),andonecountofincest(Count11).1 Onappeal,theDefendantargues: (1) if newly discovered forensic biological evidence had been presented to the jury, then it likely would have changed the result of his trial; (2) if newly discovered forensic electronic evidence had been presented to the jury, then it likely would have changed the result of his trial; (3) if the newly discovered records related to victim’s mental health history had been presented to the jury, then it likely would have changed the result of his trial; (4) his due process rights were violated under Brady v. Maryland, 373 U.S. 83 (1963), and Pennsylvania v. Ritchie, 480 U.S. 39 (1987); (5) the trial court committed plain error by permitting the State to play the entire recording of victim’s forensic interview; (6) he received ineffective assistance from trial counsel; (7) the State’s erroneous election for the rape offense in Count 4 failed to protect his right to a unanimous jury verdict in that count; (8) the evidence is insufficient to sustain his conviction for sexual battery by an authority figure in Count 1 and his conviction for rape in Count 4; (9) his dual convictions for sexual battery by an authority figure in Counts 1 and 2 violate the prohibition against double jeopardy; (10) the trial court abused its discretion by denying all forms of alternative sentencing and by imposing a partially consecutive sentence; and (11) the cumulative effect of these errors entitles him to a new trial. After review, we affirm the judgments of the trial court.

The Petitioner, Jonathan M. Cooper, appeals the denial of his petition for post-conviction relief challenging his multiple convictions for aggravated sexual battery, incest, and rape of a child. On appeal, the Petitioner argues the post-conviction court erred in denying his motion to continue the evidentiary hearing requesting more time to develop recently discovered evidence—the report of the victim’s medical examination. The Petitioner also contends the post-conviction court erred in denying relief because (1) the State violated his due process rights by failing to disclose Brady evidence at trial, i.e., the report of the victim’s medical examination; (2) he received the ineffective assistance of counsel due to trial counsel’s failure to familiarize himself with Rule 412 of the Tennessee Rules of Evidence, and this failure resulted in the exclusion of evidence of the victim’s sexual behavior with her stepbrother; (3) he received the ineffective assistance of counsel due to trial counsel’s failure to object to the State’s improper closing argument; (4) he received the ineffective assistance of counsel due to trial counsel’s failure to properly address the issue of venue; and (5) the cumulative effect of trial counsel’s deficiencies, along with the State’s withholding of Brady evidence, violated his right to a fair trial. After review, we affirm the judgment of the post-conviction court.

Maryville College will welcome three jurists, retired Tennessee Supreme Court Justice Sharon G. Lee, Belmont University College of Law Associate Professor David L. Hudson Jr. and Tennessee Court of Appeals Judge W. Neal McBrayer on Sept. 17 at 7 p.m. EDT in the Lambert Recital Hall of the Clayton Center for the Arts as part of its Constitution Day celebration. The panel, which is open to the public, will delve into four recent Supreme Court cases and their impact on the First Amendment, according to Knox TN Today.

Spicer Rudstrom PLLC has announced the relocation of its Nashville office to a new address. The firm is now welcoming clients, staff, attorneys and other guests to new offices at 220 Athens Way, Ste. 405, Nashville 37228. According to a press release, the office’s email addresses, phone numbers and fax numbers will remain the same. “This strategic move highlights our dedication to making services more convenient and accessible for everyone we work with. It boosts our ability to serve our clients in Middle Tennessee,” states Nashville Managing Partner Mike Vetter.

Jim Sasser, former Tennessee U.S. senator and U.S. ambassador to China, died Tuesday at age 87. He was a graduate of Vanderbilt Law School, practicing in the Nashville firm of Goodpasture, Carpenter, Woods and Sasser after graduation in 1961 until 1972. He served in the U.S. Marine Corps Reserve for six years. Sasser, who served three terms in the Senate from 1977 to 1995, was known for his pivotal role in passing President Bill Clinton’s first budget and reauthorizing the Individuals with Disabilities Education Act, according to The Tennessean. Sasser also played a significant role in U.S. and China relations during his ambassadorship, notably managing diplomatic tensions after the accidental bombing of the Chinese embassy in Belgrade. Former Vice President and U.S. Sen. Al Gore described Sasser as "a man of outstanding character and conviction, a great United States Senator and later an outstanding diplomat in the truest sense of the word," Gore said in a statement. "Throughout his career in public service, Jim represented the best of Tennessee and the best of America. He was an effective leader not simply because he spoke clearly and persuasively about the initiatives he believed in, but also because he listened intently to the concerns, hopes and aspirations of his constituents and colleagues."

Charges filed against Bob Harshbarger Sr. — the father of Tennessee State Sen. Jon Lundberg's political opponent, Bobby Harshbarger, and the husband of Congresswoman Diana Harshbarger —have been dismissed. Lundberg filed a criminal warrant accusing Harshbarger Sr. of stealing and vandalizing election campaign signs. Lundberg claimed the act was caught on camera by volunteers. According to the Bristol Herald Courier, District Attorney General Pro Tem D. Michael Dunavant filed a motion to dismiss the charges with prejudice, writing in the motion, “After diligent investigation and review, the state finds that the available admissible evidence in this matter is insufficient to substantiate the statutory elements or support a conviction.”

Celebrate Pro Bono Month is coming in October with events scheduled across the state. The Memphis Bar Association (MBA) will hold its annual pro bono event on Oct. 24 from 4:30 p.m to 7 p.m. CDT at Butler Snow, 6075 Poplar Ave., St. 500, Memphis 38119. The event will feature a presentation of the 2024 Access to Justice Awards. Get more information and register here.

Tennessee Attorney General Jonathan Skrmetti addressed nearly 100 attendees at a conference in Kingsport on Aug. 12, co-hosted by local chambers of commerce. According to The Business Journal, the conversations focused on government overreach and its impact on small businesses, particularly in environmental regulation. The news outlet reports that Skrmetti is concerned about the potential overreach of regulations without statutory backing, and emphasized the importance of businesses providing feedback on impending regulations to help address state interests. He focused on economic freedom and cautious regulatory oversight, stating, “Our system of government was designed to make sure power wasn’t concentrated in any one place.”

A new University of Memphis study examining Shelby County's recent bail reform found a slight increase in both pre-trial releases and rearrests. The study, which acknowledges limitations due to data scope, showed a decrease in median bail amounts following the implementation of a standing bail order in February 2023, according to the Commercial Appeal. However, the use of non-monetary release options varied significantly between judicial commissioners, and median bail amounts for some major crimes actually rose. The study also found that bail hearings often resulted in lower bail amounts compared to initial settings. Researchers are planning further studies to explore the long-term impact of the bail reform.