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 TBAâs 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, weâve got that covered, too. Courses will be hosted at popular clubs, including B.B. Kingâs in Nashville, the Downtown Grille and Brewery in Knoxville, St. Johnâs 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 inmateâs 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 inmateâs complaint for numerous reasons,including the judicial immunity of the trial judge. We affirm the trial courtâs 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 partiesâ 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 childrenâs 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 fatherâs request and he appealed. We have concluded the evidence does not preponderateagainst the trial courtâs 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 courtâs 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 courtâs evidentiary rulings, the trial courtâs jury instructions, and sentencing. Upon our review of the record and the partiesâ briefs, we affirm the appellantâs 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 courtâs order denying his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial courtâs 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 Stateâs motion is granted, and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/2005/teasleyj102505.pdf   PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the instructions at the beginning of this edition of Opinion Flash. JOIN THE TENNESSEE BAR ASSOCIATION! 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