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| Changes coming to OpinionFlash |
In an effort to make OpinionFlash files more easily accessed, the TBA
is changing the format of the daily opinions it delivers. Beginning on
Monday, April 11, all opinions will be delivered in the Adobe PDF
format.
This change is being made because a growing number of Tennessee
attorneys have switched from using Word Perfect to other programs.
This has caused more and more of you to have trouble opening the files
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The PDF format is widely used on most computer platforms and the
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http://www.adobe.com/products/acrobat/readstep2.html ). Opinions from
the Attorney General’s office are already distributed in this format
in OpinionFlash.
Thanks to assistance from the Administrative Office of the Courts, we
are also adding PDF versions of all Tennessee appellate court
decisions dating back to 1995. You will be able to access these
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We believe this upgrade will enhance your use of OpinionFlash. Please
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Howard Vogel
TBALink Editor in Chief |
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Today's Opinions: April 6, 2005
Volume 11 — Number 064
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
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| 00 |
New Opinion(s) from the Tennessee Supreme Court |
| 00 |
New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 00 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 00 |
New Opinion(s) from the Tennessee Court of Appeals |
| 01 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 02 |
New Opinion(s) from the Tennessee Attorney General (PDF format) |
| 00 |
New Judicial Ethics Opinion(s) |
| 00 |
New Formal Ethics Opinion(s) from the Board of Professional Responsibility |
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TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi.
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
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STATE OF TENNESSEE v. KENNETH WAYNE BALL
Court:TCCA
Attorneys:
Roger A. Woolsey, Greeneville, Tennessee, for the Appellant, Kenneth
Wayne Ball.
Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney
General; and Eric Christiansen, Assistant District Attorney General,
for the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
A Greene County jury convicted the Defendant, Kenneth Wayne Ball, of
one count of driving under the influence, and the trial court
sentenced him to 11 months and 29 days, of which 10 percent was to be
served before eligibility for rehabilitative release programs. In
this appeal, the defendant contests the sufficiency of the convicting
evidence and contends that the trial court erred in denying his motion
to suppress the results of a breathalyzer test despite the officer's
lack of reasonable grounds to believe that he was intoxicated and
despite the officer's failure to follow the 20-minute observation
protocol. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/ballkennethwa.wpd
The Constitutionality of Alcoholic Beverage Commission, Rules
0100-1-.01(3)(a), 0100-3-.04(2) and 0100-3-.04(3)(b)
Date: April 5, 2005
Opinion Number: 05-040
http://www.tba.org/tba_files/AG/2005/op40.pdf
Expungement of a DUI Conviction Pursuant to Either Pretrial or
Judicial Diversion
Date: April 5, 2005
Opinion Number: 05-041
http://www.tba.org/tba_files/AG/2005/op41.pdf
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