Opinion Flash

August 14, 2002
Volume 8 — Number 141

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.

This Issue (IN THIS ORDER):
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
02 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


EAGLE VISION, INC. v. ODYSSEY MEDICAL, INC., et al.

Court:TCA

Attorneys: 

Robert E. Craddock, Jr.; John S. Wilson, III, Memphis, For Appellant,
Eagle Vision, Inc.

Randall D. Noel; Daniel W. Van Horn, Memphis, for Appellees, Odyssey
Medical, Inc., and Gary Tatge                         

Judge: CRAWFORD

First Paragraph:

This is an action for misappropriation of trade secrets in which the
manufacturer of a surgical product allegedly misappropriated the
product design and marketed a competing product after the developer
discontinued its relationship with manufacturer.  Trial court granted
summary judgment in favor of manufacturer on all claims.  We reverse
and remand.

http://www.tba.org/tba_files/TCA/eaglevision1.wpd

EUGENE I. SELKER and MARK SELKER v. RUSSELL W. SAVORY, et al.

Court:TCA

Attorneys: 

Erich M. Shultz, Memphis, TN, for Appellants

Stewart C. Stallings, Memphis, TN; Joe D. Barton, Millington, TN, for
Appellees                         

Judge: HIGHERS

First Paragraph:

This appeal involves a dismissed claim for malicious prosecution.  The
plaintiffs in the present action filed their complaint one year and
thirty days after a final judgment was issued in the underlying suit. 
The defendants responded by filing separate motions to dismiss for
failure to state a claim.  The trial court sustained the defendants'
motions, holding that the plaintiffs' claim was barred by the one year
statute of limitations.  The plaintiffs appealed and now argue that
the statute of limitations on their claim did not begin to run until
the applicable period for appeal in the underlying litigation expired.
 For the following reasons, we affirm the decision of the trial court.

http://www.tba.org/tba_files/TCA/selkereugeneI.wpd

MARC A. BLAND v. JAMES M. DUKES, WARDEN

Court:TCCA

Attorneys:  

Marc A. Bland, Henning, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General, for the appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

The petitioner, Marc A. Bland, appeals as of right the Lauderdale
County Circuit Court's dismissal of his petition for habeas corpus
relief.  He contends that his judgments of conviction are void due to
illegal sentences contained therein.  We affirm the trial court's
dismissal of the petition.

http://www.tba.org/tba_files/TCCA/blandm.wpd 

ROBERT LEE GOSS and CARL W. HALE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Michael W. Whitaker, Covington, Tennessee, for the Appellant, Robert
W. Goss; William Dan Douglas, Jr., Ripley, Tennessee, for the
Appellant, Carl Hale.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; J. Ross Dyer, Assistant Attorney General; Elizabeth
T. Rice, District Attorney General; and Tracey Brewer, Assistant
District Attorney General, for the Appellee, State of Tennessee.                        

Judge: HAYES

First Paragraph:

The Appellants, Robert Lee Goss and Carl W. Hale, were convicted by a
Lauderdale County jury of first-degree murder and aggravated assault. 
They appeal as of right the judgment of the Lauderdale County Circuit
Court denying their petitions for post-conviction relief.  On appeal,
the Appellants argue that trial counsel were ineffective because they
did not pursue a defense of insanity and/or diminished capacity. 
After review of the record, we find that the Appellants received the
effective assistance of counsel.  Accordingly, the judgment of the
post-conviction court is affirmed.

http://www.tba.org/tba_files/TCCA/gossr.wpd

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