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:

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


Court: TCA


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


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.


Court: TCA


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.


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.


Court: TCCA


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.


Court: TCCA


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.


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