NEW PROGRAMS TO HELP YOUNG LAWYERS LEARN THE ROPES

If you miss the challenges and camaraderie of law school, here are a pair of new programs for you. The TBAās Young Lawyer Division is launching a new 4L series of courses designed for attorneys in the first year of their practice, and a Skills Enhancement Series for attorneys in the first six years of practice. The 4L Series kicks off Nov. 17 with a program focusing on practice in state court. The Skills Enhancement Series starts Dec. 7 with a program on the new Limited Liability Company Act.

If your law school experience included more than just listening to lectures, weāve got that covered, too. Courses will be hosted at popular clubs, including B.B. Kingās in Nashville, the Downtown Grille and Brewery in Knoxville, St. Johnās Restaurant in Chattanooga and Swig in Memphis. All will begin at 3 p.m. and end at 5 p.m., with a happy hour to follow.

http://www.tba.org/tennbaru

  
TODAY'S OPINIONS: Tuesday, October 25, 2005
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 - TN Supreme Court
00 - TN Worker's Comp Appeals
01 - TN Supreme Court - Rules
03 - TN Court of Appeals
04 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS
CORRECTED LINK

Court: TSC-Rules

CORRECTED LINK
http://www.tba.org/tba_files/TSC_Rules/2005/certlist102405.pdf

GREGORY EIDSON v. LEE MOORE, JR.

Court: TCA

Attorneys:

Gregory Eidson, Portland, TN, pro se

Paul G. Summers, Attorney General and Reporter, P. Robin Dixon, Jr., Assistant AttorneyGeneral, Nashville, TN, for Appellee

Judge: HIGHERS

After the trial court denied an inmateās petition for a writ of habeas corpus, the inmate filed a suitagainst the trial judge seeking injunctive relief and damages pursuant to section 29-21-108 of the Tennessee Code. The trial court dismissed the inmateās complaint for numerous reasons,including the judicial immunity of the trial judge. We affirm the trial courtās dismissal of the complaint.

http://www.tba.org/tba_files/TCA/2005/eidsong102505.pdf


ENGLISH MOUNTAIN SPRING WATER COMPANY v. LOREN L. CHUMLEY, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF REVENUE

Court: TCA

Attorneys:

Charles R. Terry, Morristown, Tennessee; Ronald C. Newcomb, Knoxville, Tennessee; and William Lewis Jenkins, Jr., Dyersburg, Tennessee, for the Appellant, English Mountain Spring Water Company.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Jay C. Ballard, Assistant Attorney General, Nashville, Tennessee, for the Appellee, Loren L. Chumley, Commissioner of the Tennessee Department of Revenue.

Judge: LEE

This case involves the construction of Tenn. Code Ann. ¤67-4-402 which imposes a privilege tax upon bottlers of "bottled soft drinks." The statute states that " 'bottled soft drinks' includes any and all nonalcoholic beverages, whether carbonated or not." The trial court determined that the Commissioner of Revenue correctly assessed the tax against the Appellant, English Mountain Spring Water Company, for its production, bottling, and sale of bottled spring water. Upon our finding that the language of the statute is ambiguous and, therefore, must be construed in favor of the taxpayer, we reverse the judgment of the trial court and remand.

http://www.tba.org/tba_files/TCA/2005/english102505.pdf


BRADLEY LEWIS SLATON v. JANNA LYNN SLATON RAY

Court: TCA

Attorneys:

E. Evan Cope, Murfreesboro, Tennessee, for the appellant, Bradley Lewis Slaton.

Richard L. Dugger, Shelbyville, Tennessee, for the appellee, Janna Lynn Slaton Ray.

Judge: CLEMENT

The father and primary residential parent of the partiesā two minor children appeals the denial ofhis request to relocate to Florida with the children. His stated reason is a better job opportunity with increased pay of seventy-five cents per hour. The childrenās mother opposes the move.The trial court determined the father spent substantially more time with the children, analyzed the case pursuant to Tenn. Code. Ann. ¤ 36-6-108(d), and concluded there was no reasonablepurpose for the move and the move was not in the best interest of the children. Thus, it denied the fatherās request and he appealed. We have concluded the evidence does not preponderateagainst the trial courtās findings and, thus, we affirm.

http://www.tba.org/tba_files/TCA/2005/slatonb102505.pdf


STATE OF TENNESSEE v. TERRY BOYD COLLINS

Court: TCCA

Attorneys:

Stephen M. Wallace, District Public Defender; and William A. Kennedy, Assistant Public Defender, for the Appellant, Terry Boyd Collins.

Paul G. Summers, Attorney General & Reporter; Benjamin A. Ball, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and J. Lewis Combs, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The defendant, Terry Boyd Collins, stands convicted by a Sullivan County jury of arson and presenting a fraudulent insurance claim, for which he received an effective nine-year sentence. Aggrieved of his sentence and convictions, he challenges the sufficiency of the evidence supporting his convictions and claims that prosecutorial comments during closing arguments constitute reversible error, that the trial courtās sentencing determination conflicted with the mandates of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and that the trial court erred when denying all forms of alternative sentencing. After a thorough review of the record and applicable law, we affirm the judgments of the lower court.

http://www.tba.org/tba_files/TCCA/2005/collinst102505.pdf


STATE OF TENNESSEE v. RONALD ALLEN

Court: TCCA

Attorneys:

Richard A. Spivey, Kingsport, Tennessee (on appeal), and Ivan Lilly, Assistant Public Defender (at trial), for the appellant, Ronald Allen.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; Joe Crumley, District Attorney General; and Janet Hardin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

The defendant, Ronald Allen, was convicted of rape of a child. On appeal, this court affirmed the conviction but modified the sentences, holding that enhancement factor (7), that the personal injuries inflicted upon the victim were particularly great, see Tenn. Code Ann. ¤ 40-35-114(7) (2003), was applied in violation of the United States Supreme Court's ruling in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). The state filed an application for permission to appeal to our supreme court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. Our supreme court granted the application and remanded the case to this court for reconsideration by virtue of its opinion in State v. Gomez, 163 S.W.3d 632, 659 (Tenn. 2005). Based upon the holding in Gomez, the judgment of the trial court must be affirmed.

http://www.tba.org/tba_files/TCCA/2005/ronalda102505.pdf


STATE OF TENNESSEE v. DONALD LUKE SEIBER, ALIAS
WITH CONCURRING OPINION

Court: TCCA

Attorneys:

Michael T. Cabage (on appeal and at trial) and Tom Slaughter (at trial), Knoxville, Tennessee, for the appellant, Donald Luke Seiber, alias.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The appellant, Donald Luke Seiber, was convicted of aggravated kidnapping, aggravated assault, and two counts of sexual battery, and he received a total effective sentence of sixteen years. On appeal, the appellant challenges the sufficiency of the evidence, the trial courtās evidentiary rulings, the trial courtās jury instructions, and sentencing. Upon our review of the record and the partiesā briefs, we affirm the appellantās convictions but remand for a new sentencing hearing.

http://www.tba.org/tba_files/TCCA/2005/seiberd102505.pdf

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/2005/seiberd_con102505.pdf


JESSE TEASLEY v. JACK MORGAN, WARDEN

Court: TCCA

Attorneys:

Joe H. Walker and Walter B. Johnson, II, Harriman, Tennessee, for the appellant, Jesse Teasley.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and J. Scott McCluen, District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

The petitioner, Jesse Teasley, appeals from the trial courtās order denying his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial courtās denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish a cognizable claim for habeas corpus relief. Accordingly, the Stateās motion is granted, and the judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/teasleyj102505.pdf


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