Seats on Court of the Judiciary to be filled

The Tennessee Bar Association is accepting applications from members interested in being nominated to the Court of the Judiciary. The TBA Board of Governors will choose three nominees (one from each grand division) at its April 28 meeting. The position from East Tennessee is currently held by John Gill of Knoxville and the position from Middle Tennessee is held by Mary Schaffner of Nashville, both of whom are eligible for reappointment. The other current member, Robert Redding of Jackson, is ineligible for reappointment.

The Court of the Judiciary takes cognizance of the violations of the code of judicial conduct, willful misconduct, persistent failure to perform duties and any other conduct calculated to bring the judiciary into public disrepute. Those interested in being considered for the positions should contact TBA Executive Director Allan F. Ramsaur by mail at 221 Fourth Ave. North, Suite 400, Nashville, TN 37219. Include a letter of interest and a resume. Applications must be received by April 13. Complete details about the procedure the board will employ may be found on the TBA web site at:

http://www.tba.org/BOG/elexhandbook.html#Anchor-Judge-21683

TODAY'S OPINIONS
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Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

TRACY J. JONES, ET AL. v. TENNESSEE RIDERS INSTRUCTION PROGRAM, INC., ET AL.

Court: TCA

Attorneys:

H. Tom Kittrell, Nashville, Tennessee, for the appellants, Tracy J. Jones and Shawn J. Jones

Joel P. Surber and Frank M. Gallina, Nashville, Tennessee, for the appellees, Tennessee Riders Instruction Program, Inc., Motorcycle Safety Foundation, Inc., and Nashville State Community College

Judge: CLEMENT

Plaintiff, a wholly inexperienced motorcycle rider, sued Tennessee Riders Instruction Program, Inc., for injuries sustained when she wrecked during the last day of a three-day motorcycle safety course. The plaintiff's claim for gross negligence was dismissed by the trial court upon a finding there was nothing in the record which would allow a reasonable juror to conclude the defendant exercised a conscious neglect of duty or a callous indifference to consequences or such entire want of care as would raise a presumption of a conscious indifference to the consequences. The plaintiff appealed. We affirm.

http://www.tba2.org/tba_files/TCA/2007/jonest_020607.pdf


MELODY WESTON, PERSONAL REPRESENTATIVE, ET AL. v. COMMUNITY BAPTIST CHURCH OF WILSON COUNTY

Court: TCA

Attorneys:

Randle S. Davis, Nashville, Tennessee, for the appellant, Community Baptist Church of Wilson County

James H. Kinnard, Lebanon, Tennessee, for the appellee, Melody Weston, Personal Representative et al.

Judge: COTTRELL

This case arises from a dispute between a church and the estate of one of its former members over money given by the former member and her spouse to enable the newly-formed church to pay off a loan on its property. The estate contended that the money was a gift subject to a condition subsequent, with return of the gift required in the event the church ceased existence. The church admitted that it had accepted the gift, but argued that it never accepted any conditions. The court took note of a church resolution that ratified the alleged condition and ruled in favor of the estate. We affirm.

http://www.tba2.org/tba_files/TCA/2007/westonm_020607.pdf


STATE OF TENNESSEE v. LINDON BOTTOMS

Court: TCCA

Attorneys:

Phillip A. Condra, District Public Defender and Robert Morgan, Assistant Public Defender, Jasper, Tennessee, for the appellant, Lindon Bottoms

Paul G. Summers, Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steve Strain, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: MCLIN

The defendant, Lindon Bottoms, appeals from the trial court's order revoking his probation and reinstating his original sentence of three years. On appeal, the defendant presents two issues for review: (1) whether the trial court erred in allowing testimony of the defendant's failure to report to a probation officer because this violation was not included in the probation violation warrant; (2) and whether the trial court erred in allowing hearsay testimony regarding the defendant's criminal record. Following our review of the parties' briefs and applicable law, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/bottomsl_020607.pdf


STATE OF TENNESSEE v. EMANUEL LAWRENCE HARRIS

Court: TCCA

Attorneys:

Lindsay C. Barrett (on appeal) and Mitchell B. Dugan (at trial), Dickson, Tennessee, for the appellant, Emanuel Lawrence Harris

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Suzanne Lockert, Assistant District Attorney General, for the appellee, State of Tennessee

Judge: MCLIN

The defendant, Emanuel Lawrence Harris, pled guilty to nine felony drug offenses and was sentenced to an effective term of twenty-three years in the Department of Correction. On appeal, he argues that the trial court erred in ordering that some of his sentences be served consecutively. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2007/harrise_020607.pdf


TODAY'S NEWS

Legal News
Politics
Knox Term Limits
BPR Actions
TBA Member Services

Legal News
County adds second juvenile division, approves study
The Shelby County Commission voted 8-5 yesterday to establish a second division of Juvenile Court, setting up a likely showdown between commissioners and Juvenile Judge Curtis Person. The vote mirrored action taken several months ago, which was rescinded because it violated the state's open meetings law. The commission also voted 12-1 to take bids for a study of the court's operations in light of allegations of racism. Person is expected to file a motion to block further commission action.
Read more in the Commercial Appeal
Immigrants often duped by notarios publicos
In much of Latin America, notary publics are also lawyers. In the U.S., however, a notary public is not a lawyer and cannot give legal advice; he can only administer oaths and witness signatures. This difference allows scam artists to prey on immigrants with limited English skills and little understanding of the American legal system. A Nashville lawyer is suing one such notary.
The Knoxville News-Sentinel reports on this growing problem
Over $300M in Katrina aid improperly paid
The Federal Emergency Management Administration has determined that nearly 70,000 Louisiana households improperly received $309 million in grants, and officials acknowledge those numbers are likely to grow. An Associated Press analysis of government data found that funds were regularly given to more homes than actually existed in some 100 neighborhoods damaged by the hurricanes.
Read the AP report in the Murfreesboro Daily News Journal
Child advocacy center revived
Anderson County officials took the first steps toward reviving a Children's Advocacy Center where kids can be protected while child abuse and neglect investigations are performed. The 7th Judicial District is one of only four of the state's 31 judicial districts that do not have such a facility. The county juvenile judge has called the need "crucial."
The News Sentinel has more
Attorneys say English-first bill still problematic
A controversial proposal to limit Metro Nashville government's use of languages other than English remains vulnerable to legal challenges on constitutional grounds despite being watered down, the city's law department says. The measure is up for a final vote by the council tonight.
Read about it in the Tennessean
Politics
Governor focuses on education
In his State-of-the-State address last night, Gov. Phil Bredesen announced a number of new education initiatives to be funded with an increase in the state's cigarette tax.
Read the governor's speech
Disclosure compliance working
An estimated 6,000 local elected officials have submitted disclosure of interest forms to the Tennessee Ethics Commission, meeting the end-of-year deadline for filing these new forms. The commission's executive director also reported that 3,000 of the forms have been processed already.
The News Sentinel has more
Knox Term Limits
Mayor wants fall election
Saying the "public's trust was shaken" by last week's replacement of 12 term-limited officials, Knox County Mayor Mike Ragsdale yesterday called for the offices to be placed on a special election ballot this fall.
The News Sentinel has this report
BPR Actions
Knoxville lawyer reinstated
Knoxville attorney Robert E. Nichols was reinstated to the practice of law on Jan. 29. He had been suspended on Nov. 21, 2006, for failing to respond to complaints of misconduct.
Read the BPR's release
TBA Member Services
Program offers savings on auto insurance
See how being a member of the TBA could help you save 8 percent on car insurance. GEICO offers 24-hour sales, service and claims. Call GEICO at 1-800-368-2734
or get an online rate quote

 
 
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