Latest / Ask the Lawyer / 09/07/2023 Ask the Lawyer with Tom Peyton
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- 1:03ourselves on the air here. Hey, Tom, how are you doing.
- 1:06It's good, yeah, I hear myself now. This is five d w
- 1:08c HS the Voice of Charleston and thanks for joining us this morning. Jeff
- 1:14Jenkins with you and Tom Peyton of the Peyton Law Firm in Nitro three oh
- 1:17four three four five fifty eight fifty eight three h four three four five fifty
- 1:22eight fifty eight. Any questions about the law I've been out of the Peyton
- 1:25seat for a couple of weeks. I was on vacation. Last week Chris
- 1:27was also I was doing the morning news, so it's good to be back.
- 1:32Good. Well, I'm glad your first. I think I missed your
- 1:37dad's predictions last week for the matter season. I don't know what he didn't
- 1:41hear it, So I did mine, okay with Dale a couple of weeks.
- 1:44Two. Okay, what we're yours? Six and six, six and
- 1:47six. I'm one hundred percent right now. You are right, you are,
- 1:52so I'll take and I'll probably be one hundred percent after this weekend.
- 1:53Yeah, okay, yeah, because you go one on one pit wins.
- 1:57Okay, we'll see you actually going to town next week, but I'll be
- 2:01back for the pit games. I'm gonna go up to Morgantown and watch it.
- 2:04I hope, we hope we perform well. I think the I think,
- 2:07uh, actually I missed. I'll admit I didn't see the entire first
- 2:14half of the Penn State game because I drove down to watch the Herd play.
- 2:16That was a real average performance by the Herd. But uh yeah,
- 2:22through significant part of the third quarter, we've only been down fourteen seven.
- 2:24You get a couple of breaks here there, if we got a turnover,
- 2:27you know, might pull something off. I thought that was and and I
- 2:30did predict we'd beat the spread, and I thought we were going to until
- 2:35Franklin ran the ball in with now whatever. Yeah, she seems like the
- 2:39old when I was a kid. It seems like I just coaches didn't douce.
- 2:43You were down constantly downing the ball at the end just to get cover
- 2:46with. But yeah, you know it was in a game. You know,
- 2:47they have playoff ratings that depend on margin of victory and all this other
- 2:51stuff, and then you have the seems like with all the sports betting now
- 2:55then you know you can't. Probably not, but it's unusual that he would,
- 3:04I think running in with almost no time left and that then put them
- 3:07over the spread a man. So yeah, uh, fans probably liked it
- 3:10for Penn State, but no, I think Dad's prediction though, although he's
- 3:14usually were pessimistic than me, I think when it makes it now he was
- 3:17eight and four, was he really? Yeah? Not a year which games
- 3:22because I wasn't listening, but I state, okay, so the next eleven
- 3:29they're going okay, So they're going to go eat and three in the next
- 3:31eleven Yeah. Wow, I hear the skepticism in your voice. Oh,
- 3:37we'll see. That would be an outstanding season, that's for sure. That
- 3:39would be that would probably save Oh, I would save his job, There's
- 3:43no doubt about it. That's why I was talking about Dale if they go
- 3:45six and said that would save his job too. You do think, yes,
- 3:50we were talking. Maybe it depends on who they beat tonight. I
- 3:53just really think the cause you show improvement, right, six and six shows
- 3:57improvement. Yeah, uh, certainly. I think six and six would be
- 4:00overachieving and would be something to be said for Neil Brown's ability to recover from
- 4:08a lot of lost players and piece things together in a in a difficult season
- 4:13where you can't tell recruits you'll be the coach sure the following year, and
- 4:17so that makes it hard. Now, But what do you mean, so
- 4:20if he goes six and six way one year contract again, I mean you're
- 4:25kind of get in the same situation, you know. If I think seven
- 4:29and five, yeah, he's probably keeping his job. Six and six,
- 4:31I don't know. Yeah, it'll be interesting to see how it how it
- 4:35plays out, But but I think a lot of it hinges on the pit
- 4:41game. It's just such an important game to the fans and to everybody else.
- 4:45And so you know, if he can if that, if they goes
- 4:47six and six and he beats a pit then maybe knocks off one of the
- 4:51Texas Tech TCUs after that those are both important, right, yeah, Texas
- 4:56Tech TCU, all the TCUs. You know, after they got beat this
- 5:00past, we can look. It won't be a significant of an upset if
- 5:02we can win. But you know, you can beat a couple of the
- 5:06old time you know, traditional powers in the Big Twelve. That helps if
- 5:11you go through and you know, beat Pitt, but then you just kind
- 5:15of beat the newcomers in the Big twelve. And maybe who else, whoever
- 5:18else from the old Big twelve is on the bottom. Then I don't know,
- 5:23six and six may not keep his job. But let me ask you
- 5:27this, and we get started here, Tom Peyton with the Peyton law from
- 5:29a Nitro. Any questions about the law, Tom can answer it be in
- 5:31an autobile accident, yes, go ahead, hold that thought, interrupt you.
- 5:34But one of the things, you know, when you listen to our
- 5:39show, you get some legal information and some mildly entertaining commentary helpfully, but
- 5:43you also get some giveaways, so, oh, good give away. I
- 5:46didn't hear it because he's out of out of town this week and I have
- 5:51a conflict this weekend, so we neither one of us can go and use
- 5:54our tickets in Morgantown. So we are going to give away our four season
- 5:59tickets. It's section two sixteen, press box, side row five, great
- 6:02section about forty yard line. It's really you're not close because you're on the
- 6:06second level, but you're near the front of the second level when you can
- 6:10see the game. Really you see everything. Yeah, you see both sides.
- 6:13You can see all the actions. So it's a it's a good spot
- 6:15to sit if you really want to see what's going on in the game.
- 6:18It's not a great spot to see if you want to be as close as
- 6:20you can, like to the bench or something. But and we have a
- 6:24bluelot pass to go with it. So here's what it's really difficult to do.
- 6:28I like to do drawings, announce it the week draw the name mal
- 6:31Now didn't anticipate it, so we didn't get it done. But we'll do
- 6:34a little trivia here and I think I've done this question before, but it
- 6:40would have been years. So okay, all right, okay, But so
- 6:44dad, Harvey D. Peyton played for the Mountaineers. I think he like
- 6:48maybe back then they just had like a like the freshman weren't able to play
- 6:51with the main team or something. Maybe he played on the freshman team.
- 6:54But he played in a Blue Gold spring game in Charleston and it was the
- 7:00Bobby balltin era. Okay, and so here will be our trivia question,
- 7:04And what number did Harvey Peyton wear in that Blue Gold game? Jersey number?
- 7:12Is that on Google somewhere. I don't know if I knew this,
- 7:15well, I'll tell you where how I know it. So he played he
- 7:17played freshman football there went out for freshman football. Yeah, he was on
- 7:19the team. So just the one year, yeah, I think he or
- 7:25maybe he played on the freshman team and then when it came to sophomore year,
- 7:28maybe he started, not started on the field, but it was on
- 7:30the team and then didn't didn't finish it. But the reason I know is
- 7:36because we have a really nice framed poster like has the roster on it,
- 7:43and I guess maybe it was an ad for the game back. Yeah,
- 7:46yeah, but it's got the list of the roster and it's got his number
- 7:47right there in our lobby at our office. Okay, he can slide by.
- 7:51And he played, he played in the Gold Blue game right at that
- 7:55spring he's freshman, yes, and back then also get they played it in
- 7:59Charleston Lately. Yeah, I assume, yeah, yeah, yeah, I
- 8:03think it even. I think it's it was called Lately Field back then.
- 8:07Okay, yeah, I think it's on that poster. Sure, if you
- 8:09can give us his phone or his jersey number and during that game, then
- 8:13uh, these four tickets in the fucking pass. Okay, we got somebody
- 8:18on the line already. All right, well all right for okay, all
- 8:20right, so this is she has to give the number, jersey number,
- 8:24jersey number. Okay, we're going to the line. Give me your name
- 8:28please. First of all, Oh, this is this is Leddie. What
- 8:33was I had to radio term down? What was the player? He's a
- 8:37player? Oh he was Harvey Payton. He was Harvey Payton at the Payton
- 8:41Law firm in Nitro. Did you know how much I've only been here there
- 8:45once? Alright? Alright, okay, all right, all, okay,
- 8:48we'll pot you down. Now, if you're near the office, you can
- 8:50drive over there and pop inside the front door. But all right, yeah,
- 8:54no, Dad's Harvey D. Peyton, p e Y tubouy out there.
- 9:00The only things now, Yeah, would that roster be somewhere? I
- 9:03don't know, I don't know. You know, I never would have thought
- 9:05of it. So it's just been in our lobby for fifteen years. And
- 9:07okay, but I think I can you give a position? Can you want
- 9:09to give a position? Give it a tackle? A tackle? Yeah?
- 9:13So that all offensive tackle? Right? Okay, offensive tackle? Yes?
- 9:18Offensive. It was surprising because I look at that roster nineteen sixties, what
- 9:22was late sixties? Late sixties? Yeah, Bobby Bowden was a head coach,
- 9:28right, that's right, Yeah, I think Bobby was, did he
- 9:30sixty nine? Was he an assistant? First in the heat the car might
- 9:33have still been. I think he was the head coach. He was the
- 9:35head coach where that would be because Carmen coaches sixty nine Peach Bowl, right,
- 9:41right? Maybe he was an assistant then maybe he was assistant. I
- 9:43know Bobby Bowden's name is on the poster as a member of the coaching staff.
- 9:46All right, So mighty Carlin, because your dad would he's undergrad end
- 9:52did then he went to law school seventy one to seventy four. How about
- 9:54that? Okay, there's a real good clue, all right, saying one
- 9:58setting four in law school, so that would mean he was they're in sixty
- 10:00seven. But it's surprising when you look on that now. Of course,
- 10:03dad's big when he was sixty three, and which I guess back then was
- 10:07good size. Dad was offensive line size right now. It was six it
- 10:11was yeah, yeah, yeah. He went to Saint Albums and went on
- 10:15and played in Morgantown. It's funny when you look at that roster because I
- 10:18know quite a few of the guys on there, and I know what they
- 10:24look like now, and they're like linemen and things, and I'm like,
- 10:26oh boy, that guy's only yeah, five eleven. Yeah, he was
- 10:31playing either defensive or offensive linemen for the Mountaineers, which shows how it's all
- 10:35changed. Oh yeah, astronomically as far as Okay, so we're taking the
- 10:39call three or four three four five fifty eight fifty eight, give Ryan our
- 10:43producer your name, three or four three four five fifty eight fifty So who
- 10:46are looking for the jersey number of Harvey Peyton in that spring game at Laidley
- 10:54Field in the late sixties. Right, I don't think he played. He
- 10:56didn't play in a mean, that's his only number. So it's not like
- 11:00that's not a trick that he had a special number for that game, because
- 11:03I don't. I think that was just his number. Okay, now we
- 11:05really Now we have a law question. Okay, okay from John. John,
- 11:09you're on the air, Go ahead with Tom good Morning at Tom good
- 11:13Morning. I have a couple of questions about a person who dies without a
- 11:20will. I guess my first question is how does how does anybody know that
- 11:28in terms of transferring property and that sort of thing. Yeah, so when
- 11:31when a person? So when I have folks come in my office and we
- 11:35do their estate planning, and I give them their wills or power attorneys and
- 11:37originals, I basically tell them that with few exceptions, only an original will
- 11:46will work when you pass away can be admitted to probate. So I tell
- 11:50them keep take these originals and don't ever get them out again unless you don't
- 11:54want them in more, put them in a nice safe at home or a
- 11:56safety deposit box at the bank, and I get copy so they can always
- 12:01keep that in their desk drawer and get it out and remember what it says.
- 12:03But you really should never get your original will out again unless you don't
- 12:05want it, because if you pass away and folks can't find your original will,
- 12:11you probably just don't have a will. So you know, if you
- 12:16keep it in one of those two places, I tell the family members,
- 12:18here's what I told them, so hopefully they put it there, and then
- 12:20sometimes they do and sometimes they don't. But I think I think your questionnaire
- 12:24was like a practical question, right, Like as far as whether the person
- 12:28has a will or not, it's just what or somebody. Now, there's
- 12:31a law it says if you have in your possession an original will of somebody
- 12:35who passed away, you were supposed to turn it into the Fiduciary Supervisor's office
- 12:39or the County Commission within thirty days I believe of that person's death. Now,
- 12:43it doesn't mean you have to be the executor where you have to do
- 12:46anything with it other than you turn it in like you would come if somebody
- 12:50passes away in Kinall County, you happen to have Uncle Bob's original will then
- 12:54and you don't want to probate it or do anything with it, then you
- 12:58can. You still need to bring it down here and do what they call
- 13:01it lodging it. And then there's a vault or something that they have that
- 13:03all these wills are lodged, and then if anybody needs to open the estate
- 13:07later, they can come and that will is always there and they can go
- 13:11probate it. But if you can't find a will, then you probate the
- 13:18estate without one, and then sometimes wills pop up later and it becomes more
- 13:22complicated depending on how far the estate administration is gone. So every every death
- 13:28requires a probate of their estate. No, that is not true. So
- 13:37if if if and people say, well the courthouse told me this, the
- 13:43cordolse told me that, and they come to me after the fact. Probably
- 13:46the cortose is a building and it just tests people that work in it.
- 13:48So they finish a supervisor's office, for example, in Canal County, they
- 13:52have some ladies that work there have been there for a long time. They're
- 13:54they're really good, but they get hammered with a million questions because a lot
- 13:58of people don't have lawyers, so they're trying. They can't give legal advice,
- 14:01but they can give some information, and there's a gray area in between.
- 14:05And so you know, if you're trying to figure out whether to probate
- 14:09someone to stead or not, I advise you give a lawyer a call or
- 14:11call us before you do it, because no, you don't have to probate
- 14:18in a state necessarily. It all depends on what the assets are and how
- 14:20they're titled. I mean, if everything's jointly held and nothing really goes through
- 14:24inheritance or probate other than some personal items that don't really have market value,
- 14:30then there's no real reason to probate the estate. But if you have land
- 14:33that passes through probate or intestate or mineral interests or something like that, then
- 14:41you then you have to probate it in order to pass title to that real
- 14:45to the land to real property. But now you don't. They're most people
- 14:48you do have to probate their estate because there's some asset that requires probate.
- 14:52But for example, if somebody has a released small bank account under five grands
- 14:56somewhere you need access. There's actually an if a data that can be drafted
- 15:01based on a stringent code that will allow the bank maybe to distribute that without
- 15:05the necessity of opening in a state. Because you got to watch tunnel vision
- 15:07two. I just have one another day. Somebody wanted to get in a
- 15:09safety deposit box, so they opened an a state for that purpose. But
- 15:13that's all they were thinking about. Now they're stuck in an a state trying
- 15:16to administer it, and there's no money there, and there's a bunch of
- 15:18creditors. So and of course, as has happened one hundred percent of the
- 15:24time, when when I've done the states, we're all waiting to see what's
- 15:26in the safety deposit box. There wasn't anything exciting in there. So they've
- 15:30they've now burdened themselves with a lot of time and money being spent on a
- 15:35state that probably never should have been probated in the first place. John's that
- 15:39help you here? Well, I'm wondering if my brother dies, I know
- 15:46he doesn't have a will and that his estate goes to probate, how do
- 15:52I find out who's the probate judge or the probate person is? Is that
- 15:58in the public record? Yeah, so's it's it's basically non judicial. But
- 16:02once thirty days passes and nobody's been appointed over the estate, anybody can open
- 16:07the estate, like I could open it for somebody I'm not related to.
- 16:10A creditor could open it because they want to press their claim on the assets.
- 16:15But once somebody's appointed by the Fiduciary Supervisor's office that's basically the probate office
- 16:21in West Virginia, and we don't have a pro we're non judicial. Mean,
- 16:25every transaction isn't governed by a judge. It's all under the I guess
- 16:29the umbrella of the County Commission, but it's not really monitored. You don't
- 16:33have to seek court approval for a lot of transactions when you're over in an
- 16:37estate. But everything that's done at the Fiduciary Supervisor's office, and in particular
- 16:41whether if somebody's appointed over in a state without a will, all that those
- 16:45documents with them recorded the same place deeds are recorded. And so you can
- 16:48go to the old cordose here and type in the name of the deceased person
- 16:53and see if an estate's been open. Now, if you're not a statutory
- 16:56beneficiary, then you may not get mailed notice of it. So you're gonna
- 17:02have to keep monitoring it to see what's going on. But that's so all
- 17:07of that's public record and you'll see it. And that's how even without a
- 17:10will, during the estate process, the person appointed over the estate as the
- 17:15administrator will file a document called an appraisement form. Not an appraisal, but
- 17:19an appraisement form. It's supposed to list basically everything the person owned who passed
- 17:25away, approximate values when they passed away, and then you can apply that
- 17:32to who the heirs are, which is also a public record, and see
- 17:33who inherited the land by those documents that are recorded, so you don't need
- 17:37generally like a new deed or anything. There will be documents recorded at the
- 17:41courthouse. If somebody probates in a state where a person owns land, that
- 17:45should let the public know who owns it now as a result of that person's
- 17:49death. Okay, John, do you think? Okay? Good? All
- 17:56right? Recall, well, take our break. It's eight thirty eight on
- 17:59five when you SEEHS the voice of Charleston. Tom Peyton's here at the Peyton
- 18:02Law Firm in Nitro three oh four three four five fifty eight fifty eight three
- 18:07oh four three four five fifty eight fifty eight, and we have available four
- 18:11tickets to this Saturday's game West Virginia and Duquesne at Milan Pushcar Stadium. Six
- 18:15o'clock Stars, six o'clock kick Yes, and a blue Loot parking pass.
- 18:19If you can answer the question what number did Harvey Peyton were in the spring
- 18:26game in the late nineteen sixties at Laidley Field? He was an offensive lineman.
- 18:32What number did he wear? We're back in a moment. This is
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- 20:00never give up. Were ever better to fight for your rights When you need
- 20:07action? Count on us puts the poller Uppaton on your side, the poller
- 20:17Upbason. It's eight forty two on five eighths. The voice of Charleston Tom
- 20:26Peyton with the T. Peyton Law Firm in Nitros with us three or four
- 20:30three four five fifty eight fifty eight three or four three four five, fifty
- 20:33eight fifty eight. Give Ryan, our producer, a call for those four
- 20:36tickets to the Mountaineer game on Saturday. If you can guess what number Harvey
- 20:41and it might just be a pure guess actually what number Harvey was in the
- 20:45late nineteen sixty spring game for the Mountaineers at Laidley Field. And I'm not
- 20:51sure how they do that, but yeah, even back then they had the
- 20:52different you know, you had to have certain numbers for linen. IM sure
- 20:56that they're ineligible downfield, same range of not yeah, exactly exactly. I
- 21:03wanted to ask Tom a question. This is huge national story. Legally,
- 21:07it's one of these things that just captivates people. That's Alex Myrdole. Oh
- 21:11yeah, you know you're South. You know you're you spent some time in
- 21:15South Carolina, right, and so, but now you know this a lot
- 21:19of people know about it, you know, convicted of killing his son and
- 21:22his wife. I haven't watched the documentaries on it. Yeah, I completely
- 21:29play out before I watch it, but just to fantastical and unfortunate story of
- 21:34just he got addicted to drugs and then where he kind of controlled the county
- 21:38he had been he's his family. Grandfather was the prosecutor that gets carried on,
- 21:42carried on kind of a rural county in South Carolina, and so,
- 21:48uh, he had a lot of power and he exploited it basically. And
- 21:52he's a lawyer, so he he committed almost every type of unethical, uh
- 22:00breach of trust type of including including murder maybe of his including settling cases and
- 22:04then not giving the clients just small percentage of the money that he got,
- 22:10that's right, and even even I think in one case maybe with the housekeeper,
- 22:15even you know, setting up the factual scenario to build the case about
- 22:18how she allegedly fell downstairs and then at his house, but then representing you
- 22:23know, obvious conflicts and then just stealing outright stealing from from clients or former
- 22:30clients, and then ultimately culminated in a trial where he was alleged to have
- 22:34killed his son and wife. Right, and then he claimed he didn't do
- 22:40it, but his chory story changed every time. But yeah, now we've
- 22:42got an issue with the juror, right, with the clerk, with with
- 22:45the clerks books deal supposedly, yes, that's it they're claiming, alady,
- 22:51Yeah, he does have a book. Yes she already published the right and
- 22:53there's she shows her mountain. If there's anything. She says she wanted him
- 22:59convince because she knew he was guilty and her biggest concern was that he didn't
- 23:03get convicted, and said the clerk and a jury trial, you know,
- 23:07a lot of times you'll see the actual clerk, not the deputy clerk,
- 23:10come up for jury trials because I like to mingle with the jurors and their
- 23:12constituents and things like that, and so they'll, you know, you get
- 23:15a jury there and like maybe the clerk along with the bailiff, is the
- 23:18one that kind of ushers him into the jury room and here you go this
- 23:22way and go get your lunch and come back. So there's some there's some
- 23:26interaction there between jurors and the clerk and uh, you know, going down
- 23:30hallway, sitting around. So there's allegations now that this clerk was making commentary
- 23:36to the jurors that could have influenced the jurors because she was letting them know
- 23:41that mister Mordahal's a liar and he needs to be convicted and that kind of
- 23:45thing. So and you really can't you gotta be real neutral at that point.
- 23:49Now I think Pope's in a book later saying I think he was guilty
- 23:52and I was worried he was going to be found not guilty. I'm not
- 23:56sure that's improper, but that just reinforces what it all is now alleging,
- 24:00is that she improperly influenced the jury panel to make for a better book.
- 24:04Yes, because she's she's working on a book. She's thinking about that in
- 24:10her mind as opposed to what her job is, which I mean, there's
- 24:12nothing wrong with thinking in your mind you're going to publish a book about this
- 24:17later. But you certainly can't make improper statements to jurors about the evidence in
- 24:22the case or the character of a person. So I guess the judge will
- 24:26have to hold a hearing, right probably sometimes if they think that I read
- 24:30the article on that. And if the judge thinks that, well, even
- 24:34what Murdall is arguing isn't enough to grant a new trial into this circumstance,
- 24:38he might rule on it without without a hearing, because they've attached alfidavits,
- 24:42and you assume that's probably might be the best evidence they have is what they
- 24:48filed with their motion. If it judge thinks that's not enough, they won't
- 24:49have a hearing. But if there's enough there in those affidavits to warrant it
- 24:53to bring it into question, then they'll probably have an evidence. You're hearing,
- 24:56they might bring her in and ask her what she said. And there's
- 25:00affidavits or at least two of them I think are by folks that served on
- 25:03the jury or were on the initial jury panel who claimed they had some comments
- 25:07from her. And the South Carolina is different, of course, every state's
- 25:11different with their appeals. And I think you actually appealed to the attorney general
- 25:15or something like that. I didn't see that. Well, well, the
- 25:19the attorney general will be handling appeal for so they maybe not a not quite
- 25:26filing an appeal. It maybe appealing to the attorney genre. Like, you
- 25:30need to look at this because as we you know, the prosecutors and attorney
- 25:33generals are supposed to do justice and stuff. They see a problem later that
- 25:37they agree as legitimate. It's not really their job just to fight it squirsed
- 25:41earth. If they think there was really an evidentiary problem and it was not
- 25:45a fair trial, they should concede and granted trial. But you got different
- 25:48issues. I mean, maybe her conduct was improper, but it's not sufficient
- 25:52enough to warrant a new trial because the evidence was so overwhelming anyway. I
- 25:56mean, there can be what they call harmless air, and then there's there
- 26:00can be something's maybe not harmless, but it's not so so bad that it
- 26:06tainted the trial and resulted in a legally unfair trial to mister Murdoch. So
- 26:11there's a lot of dynamics to it. But definitely a very interesting situation and
- 26:14definitely an issue that I've seen over the year because you also have you know,
- 26:18you get folks that if you're always asking when you're serving a jury in
- 26:22West Virginia, least did you ask to be on this jury? Because they're
- 26:25trying to somebody trying to get on here, you know, well, usually
- 26:27it'll be hecked. No, most people want to go back to work,
- 26:30are their regular lives versus getting paid forty bucks a day to sit in the
- 26:34courthouse. Yeah, we had a case here one time somebody asked to get
- 26:37not too long ago, you asked to get on a jury or something something
- 26:41close to that. Yeah, And you really can't let them on that if
- 26:42they answered the question but one of these big, high profile cases, whether
- 26:45people are thinking of media, book deals, how can I profit off this?
- 26:51That's a bigger concern these days, maybe than it was before, because
- 26:53there's been jurors that have come out afterwards and I think done articles, interviews
- 26:57and books based on what happened. I mean, if they want to.
- 27:02In West Virginia, once the term of court ends, which is normally three
- 27:03months, jurors are free to talk to Lawyers can call jurors and old cases
- 27:07and ask what they thought. I've done that multiple times where I've lost or
- 27:12partially lost a case, particularly in a criminal case, and then we get
- 27:15a retrial awarded for some air and I'll call the jurors and tell them they
- 27:19don't have to talk to me, but hey, can you tell me what
- 27:22was important to you and that other trial and what you guys were talking about.
- 27:26And we usually get a couple that I want to talk to ken It's
- 27:29interesting to see what they were thinking about because you figure you're going to the
- 27:30next trial, right, here's what I need to concentrate on because that's what
- 27:33was important to the previous twelve. Sure, let me ask you a question.
- 27:37Tom Peyton's worth this Peyton Law firm in Nitro three or four three four
- 27:40five fifty eight fifty eight. Three oh four three four five fifty eight fifty
- 27:44eight lines are open. All right, we get this question off the air
- 27:47from a caller. How can an insurance provider subpoena a patient without violating HIPPA?
- 27:55Well, okay, so that's so if you're in subpoena is they're normally
- 28:00issued when you're in litigation, Like I can't just go issue a subpoena because
- 28:04I want to get Jeff Jenkins medical records. There's got to be a case
- 28:07filed. Now. In civil cases, lawyers can issue subpoenas without having to
- 28:12go through the court. I can sign a subpoena asking for documents. Now,
- 28:15if I do that and I'm seeking documents from a third party like a
- 28:19hospital, I have to send notice I'm doing that to the opposition. And
- 28:26now, whether you can subpoena someone's medical records and you don't have a hip
- 28:32a compliant authorization to get those records from the patient is a gray area in
- 28:37West Virginia. I think that Now, if you're seeking the opponent's medical records
- 28:45to subpoena those and the opponent refuses to give a medical authorization to let you
- 28:48do it. You know, when you go to serve that subpoena, you've
- 28:51got to send notice to their decide you're doing it. Then that patient slash
- 28:56party in the litigation can go to court and say, hey, they can't
- 29:00access those records, they don't have a release, and this subpoena should be
- 29:03quashed. So that's how you do it. If you're a third party and
- 29:08not involved in the case and they're subpoena in your medical records, that's different.
- 29:12I mean, if I was trying to do that, I would certainly
- 29:15send notice to the patient so they would have an opportunity to object if they
- 29:18wanted to. But yeah, a lawyer can send a subpoena during a case
- 29:23if there's relevant or potentially relevant medical records. They just have to give notice
- 29:27to the appropriate parties so they have an opportunity to object to it. So
- 29:33that's now normally. Normally in litigation, the lawyers will work it out so
- 29:40that either the patient's attorney will just gather the records and send them to the
- 29:42opposition, or or you know, they'll sign a limited authorization and just give
- 29:48it to the defense lawyer, who then can use that to gather a limited
- 29:52set of records that are relevant to the case. Sometimes there's protective orders entered
- 29:56so that if they're particularly sensitive, like maybe psychological records or something, then
- 30:02all parties and lawyers are ordered not to distribute or discuss what's in those records
- 30:07without permission of the court. And you would you would entertain a call to
- 30:12your office still with that question? Sure, yeah, yeah, if they
- 30:15want to call three or four, seventy five, fifty five, if they're
- 30:18the subject of that and have concerns, then yes, it might be something
- 30:21we can help them with. Yeah, three five, All right, Okay,
- 30:25we've got Greg on the line and wants to try for the tickets,
- 30:26right, Okay, Greg, can you give us Harvey Peyton's Jersey number?
- 30:32Yes? Would every number seventy three, seventy three close, close, and
- 30:38if we don't get another, well, Greg, what we'll do is,
- 30:42if we don't get into the call with the correct answer, since you were
- 30:45the first one to actually guess a number, we'll give them to you.
- 30:48If we get through this broadcast and nobody calls him with the right number,
- 30:51how about that? Okay? Greg? Thanks a lot. All right,
- 30:52all right, all right, good, okay. So yeah, so the
- 30:56question is still out there, what number did Harvey where in that spring?
- 31:00Did he get in? I guess he got into the game. Did he
- 31:03get into the game. He got into the game. I think I don't
- 31:04know if he got as much playing time as he wanted. And I don't
- 31:07know the story necessarily. I think Dad said, you know, it was
- 31:10just you know, he's trying to go to school. Maybe he had to
- 31:11work, and you know, it's just so time consuming and rough. Frankly,
- 31:18get a lot of injuries and you're sore and all that, and so
- 31:21he did he stopped. But but he did put on the old golden Blue
- 31:25for a time. Yeah, oh yeah, oh yeah, yeah he was.
- 31:27He was there very good. Three or four three four five fifty eight
- 31:32fifty eight three or four three four five fifty fifty eight. Noticed yesterday that
- 31:37the both the Intermediate Court of Appeals and the State Supreme Court opened their fall
- 31:42sessions. Yeah, they're rolling her some arguments, no new opinions yet,
- 31:47and yeah, they've actually got their docket published I think through mid October for
- 31:52the Supreme Court, and I think maybe Intermediate Court has it through into September
- 31:56or something like that. Nothing, nothing coming up yet. We don't.
- 32:00I don't think we have any real politically hot cases up point Supreme Court yet.
- 32:06So yeah, we'll see, we'll see. Give us a call.
- 32:08Three or four three four five fifty eight fifty eight three or four three four
- 32:13five fifty eight fifty three or four three four five fifty fifty. Notice the
- 32:17city of Hurricane got involved in. I mean, there's there's disgusting Hurricane and
- 32:22the Putnam kind of Commission. I'm a Putnam County school board. This week
- 32:25there's you know, yeah, there was a you're talking about the don't what
- 32:30is that the non drag? Well, yeah, it's like don't let don't
- 32:34let anybodyder eighteen yeah, perform or something right, Yeah, the Putnam kind
- 32:38of Commission passed something that just had months back and then now, so what
- 32:42happened was what I understand happened, Uh particular Hurricane High School. They I
- 32:51don't know this came from the board or from the principal or what, but
- 32:54they had like maybe rainbows and all. This is an all inclusive safe spece
- 33:00or something which I guess has to do that generally was lgbtqu oriented safe space
- 33:09and so for whatever reason, although I didn't I don't know if there was
- 33:15a problem or a complaint, but you know, the school administration went and
- 33:20removed all of those signs and that kind of thing. And then I guess
- 33:23when I asked, it was something about you can't have political or religious I
- 33:28think an existing board of policy. Yes, it's not an old policy,
- 33:31just a reinterpretation apparently of this new policy, which sounds like it's I don't
- 33:36know why that they're viewing it as political that somebody might be homosexual and feel
- 33:42marginalized and might want a safe place. I'm not following that, but that's
- 33:46the current situation, so I'm kind of monitoring that. We'll see how it
- 33:50goes. I mean, I think they're relying on that old policy or whatever's
- 33:54borderline. So we'll see. If you know, the old Board of Education
- 33:58in Putnam County and gets themselves another lawsuit, you know, they might they
- 34:01might have they might violate somebody's rights. I don't know. Well, in
- 34:05the city her can basically just pass kind of a mirror ordinance too that the
- 34:07county did, yeah, unanimously. I mean, just you know, Putton
- 34:12County does really well. I mean it's I think a lot of it has
- 34:15to do with the we're only one places that other than Morgantown at eastern Panhandle
- 34:21where Mon County I guess where population increased in the most recent census. But
- 34:25and that's good. But you know, a lot of it I think has
- 34:28to do a geographic location. I mean, it's flat area right centrally located
- 34:32between Huntington and Charleston, and so it's a great place to to live and
- 34:37you can commute to Boast, the major city, two of the major cities
- 34:40in our all valley region. But that's certainly not a move. I think
- 34:46it's going to really cause additional population increases Putton County. Mike's on the line,
- 34:52wants to take a guess on the jersey, but if he gets it
- 34:54right, he doesn't want the tickets, so they will default to Greg Mike.
- 35:00Where you got hey, Jeffrey, Hey, I'm just going to take
- 35:05a shot in the dark here, Just him kind of intrigued, was he
- 35:08U? Seventy seven? No oh no, okay, good time, all
- 35:13right, good good good talk. Thanks for letting me try talk to your
- 35:17later, buddy. Appreciate it. All right, three or four, three,
- 35:20four five. He wasn't seventy three. But Tom's quote there, his
- 35:24tease was, that's close. He wasn't seventy three. They're both in the
- 35:30right if you call it decade, but they have yeah, right, right,
- 35:34seventies. He's in the set. Yeah, he's in the seventies.
- 35:37He was in. He wore the jersey in the seventies three or four,
- 35:39three, four, five, fifty eight fifty eight for the spring game at
- 35:44Laidley Field. So I guess they got on a bus. And a little
- 35:45bit of when was when when ladley Field was even built? I always built
- 35:50way back it was yeah, yeah, didn't then it went, then it
- 35:53underwent the big When was that probably late seven? Yeah, then the refurbishing.
- 36:02Yeah, it was like eighty, like early eighty. I forget what
- 36:06the date was when they basically knocked it all down and redid the whole thing.
- 36:08Okay, you know that was like early eighties, late seventies. I
- 36:10don't remember the original I guess, yeah, yeah, I wat my one
- 36:15little story about the original I the original one was there must have been like
- 36:19in the like Robert Alexander, the late Robert Alexander was our car. I
- 36:23was. I was with a friend and the car car broke down right right
- 36:28above it on the interstate on seventy seven and it was on a Friday night,
- 36:31and Robert Alexander was playing there and we were there maybe thirty minutes,
- 36:37maybe a half hour. He scored like six touchdowns. He played for South
- 36:43Charleston. You played for Seuth Charleston. So anyway, so on our tickets,
- 36:45because we're gonna wrap it up here. So Greg got was the closest
- 36:49unless something I can call in the next twenty seconds, three or four,
- 36:52three, four five, fifty fifty. Greg was the closest. He can
- 36:54call the office. Yeah, he was called the office. I didn't bring
- 36:57the tickets or the past with me this year. Their actual physical ticket it
- 37:00again instead of electronics. So they're going that way, I think. And
- 37:02yeah, we'll have him at the office. Oh, Eddie's on the law,
- 37:07Eddie, Eddie, Eddie, can you guess it? Eddie? Yeah,
- 37:09I'm gonna go with seventy two right right? Okay? Three or four
- 37:15three if if Ryan can take one more, call three or four three four
- 37:19five. If not, we gotta wrap this up because we've got about twenty
- 37:22seconds all right, Peyton Law Firm and Nitro. Yeah, you give us
- 37:23a call there at three or four seventy five five five five five six,
- 37:27or go visit us at our website, which you're revamping right now. The
- 37:30old one's still on there, but we'll have a nice new, uh more
- 37:35user friendly website maybe here in a couple of months. But Peyton Law Firm
- 37:37dot com, all right, Peyton Lawford dot com. Greg called the office
- 37:40because you had called earlier and you were the closest, so he was the
- 37:44first caller. He's the first caller. Yeah, Tom, good to see
- 37:45it. So I guess number seventy one, oh, number seventy one.
- 37:49There we go, the great seventy one. Remember that real close. We'll
- 37:52remember that for the future. Okay, stay stay tuned. ABC News is
- 37:55next. This is five eighty w C HS H w C H S A
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