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

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
we distribute.

The PDF format is widely used on most computer platforms and the
Acrobat Reader program needed to open these files is available free
(If you do not have the program, you can obtain it free at ). 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
through the OpinionSearch feature on TBALink at

We believe this upgrade will enhance your use of OpinionFlash. Please
contact us if you have any questions.

Howard Vogel
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.
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

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

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




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.

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
Judicial Diversion

Date: April 5, 2005

Opinion Number: 05-041

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