|Changes coming to OpinionFlash
|In an effort to make OpinionFlash files more easily accessed, the TBA
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This change is being made because a growing number of Tennessee
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Thanks to assistance from the Administrative Office of the Courts, we
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TBALink Editor in Chief
|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.
||New Opinion(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
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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
STATE OF TENNESSEE v. KENNETH WAYNE BALL
Roger A. Woolsey, Greeneville, Tennessee, for the Appellant, Kenneth
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.
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.
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
Expungement of a DUI Conviction Pursuant to Either Pretrial or
Date: April 5, 2005
Opinion Number: 05-041
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