Opinion FlashAugust 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):
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Howard H. Vogel
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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