Latest / Ask the Lawyer / 08/24/2023 Ask the Lawyer with Tom Peyton

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08/24/2023 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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power of Paton on your side, the power of pason. You're listening too
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well. You could put the power of Peyton on your side this morning eventually.
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Anyway, you're listening to five ad W c H as the voice of
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Charleston. I'm del Cooper. Thank you so much for tuning in on this
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Thursday morning, as we do. Put the power of Peyton on our side.
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Tom Peyton is in the studio with us this morning. Find out more
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information online, of course, Peyton Law Firm dot com. Payton Law Firm
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dot com in Nitro, West Virginia. Tom, of course, is our
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guest this morning, and my apologies for starting the show a little late.
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I was embroidered and trying to get our next ticket winner ready upstairs and prepped
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and forgot that I was had responsibility on the show this morning. Apologize,
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apologize for that this morning, Tom, How you doing this morning? Good?
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I thought about this jumping over there and pressing some of these buttons on
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the board, But if anybody could do it, between between you and your
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dad and Larry Dawson, I'm sure that between the three of you, you
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could probably do the show yourself. At this point. You've been doing it
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for long enough. I can see where the lights are on and the levels,
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and so that helps on I should spend ten minutes and just go over
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with it. You just walk in and take care of it. I mean,
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you practice law. This is radio. I think we could probably get
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it to translate pretty well. But we appreciate your time and coming in this
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morning and have a lot of things that we can we can discuss, of
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course, but what's when? What's the one? Uh, what's on your
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mind this point? Glad to be here. First day of school, in
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Putnam, so it was still a smooth ride though from today's valley area to
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get in here. Well, some interesting things once, so you remember,
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or maybe you don't remember, but we had a couple of long time circuit
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judges local ones retire. Judge Bloom probably the one that I deal well,
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certainly the one I deal with the most. And Judge s. Facemyer who's
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been a judge in the circuit. It's Clay Gilmer May Webster. They wrote
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there four or five counties in that circuit. But Judge Spacemer has been there
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for oh gosh, as long as I can remember, probably twenty years.
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Judge Bloom has been there, probably a little over twenty as well, because
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I I don't remember another judge in Judge Bloom's place, and I got a
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law school in two thousand and one, so but the governor would have appointed
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two new circuit judges yesterday, so which is interesting. First you got from
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up in Clay Michael Asberry. I haven't seen Mike in a long time,
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but he actually clerked for Dad in law school, and I think he might
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be a little older than me. Maybe he was there when I was still
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an undergraduate school. But real nice guy. His fault. I haven't dealt
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with him really since he's been actively practicing law, I don't believe. But
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his father was a circuit clerk for a long time in Clay County, so
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he's got, you know, a lot of good knowledge base. I'm sure,
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because you see I'm sure hanging out with his dad and whatever he's been
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doing in general practice now, he's kind of been in the trenches, I
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would say, most likely doing a variety of things in Clay County, and
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there's other rural county. So I think that's a good pick, and I
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think he'll do a good job. I haven't seen him lately, so I
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don't have a whole lot of knowledge base of his recent activity, but I
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think that's a good one. Then you had I'm not sure how many candidates
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you had up there for that that one. In what they do, you
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know, there's a commission that takes applications when there's a vacancy, and then
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the commission pairs that list down and make some recommendation to the governor, and
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the governor can basically pick whoever he wants. Still, when you have obviously
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these judges that that the that you've known for a long time, that's been
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practice that's been on the bench around here forever or for a long time.
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Of course, it's a story when you know they're retiring, they're moving on
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and things like that. But when it comes to actually practicing law and what
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you do, that does sort of resee does that have to reshuffle things in
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your brain a little bit? Like as just like anything else when you get
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a cuss you know, I've been before judge bloom, oh gosh my career,
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probably hundreds and hundreds of times. Little familiarity, just room, that's
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right, And it's just like anything else you do. When you don't do
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it, we're doing something new or dealing with a new person in business,
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you've got to feel it out. And when you have a circuit judge that's
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been there for decades, then you know you're kind of accustomed to their process.
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You you know, every judge kind of has his or her own style
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in a way, and how they like to operate and they run their courtroom.
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And so when you become more accustomed to their procedures processes, how they
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might handle, for example, emotion to continue a case or a trial,
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or whether they're gonna not allow you to continue based on certain reasons and that
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kind of thing you just get used to, so that's going to change.
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You don't really know who you're getting till they get there, because unless they've
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been a judge somewhere else. But so Michael Asbury hasn't been a judge anywhere
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I'm aware of. And then locally for Judge bloom Spot, I think there
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were like thirteen candidates and and and some some good ones and and uh judge
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Governor Justice ended up appointing Stephanie Abraham, which is Brian Abraham's He's he was
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chief general counsel. Maybe he's chief of staff or something for the governor,
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but it's bron Abraham's wife. And she was slucted out of a list of
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like twelve or thirteen candidates. A couple of the family court judges in KANACKI
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I need to learned their name in there, and Sharknock, who either is
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or at one time was the municipal judge for the city of Charleston. And
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so there was some good candidates. My personal dealings with Stephanie Abraham she was
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counsel for Department Education and had some dealings on some administrative matters related to teacher
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or teacher clients that I had, and and she was good, she was
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professional, and I thought she was reasonable and and and and easy to communicate
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with. So that's the only real dealings I've had with her. I think
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she's done some government well, I actually done some government work. She's working
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for Apartment of Education, and then she's uh, I think she's doing some
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real estate here recently, I'm assault. I think I'm not sure where her
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office is located. But yeah, well, we'll see. From my experience
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with her, I think she'll be good. I don't think looking at her
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qualifications that are read in the media that she's really been in the judiciary anywhere.
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I mean, she wasn't. Maybe she was a law clerk for a
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while, but she hasn't served as a judge or a decide or anything like
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that. But it sounds like she's got a pretty well rounded wealth of experience.
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And when I doubt whether her, she's reasonable. So that'll carry over
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to her judge ship. Here. Judge Blue is still sitting on he he
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just continued, because I've got multiple cases obviously before Judge Bloom and he he.
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When you retire, you can convert to what they call senior status,
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so you're stillfied to operate as a circuit judge, and you're mostly there to
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fill gaps when other judges are absent for one reason or another. However,
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Judge Blim just stayed on and he's still hearing his same case as he just
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converted to senior status. Assume that will change when she's sworn in. And
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then, of course they're all judges are ultimately elected circuit judges, so they'll
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be up for I'll know that Stephanie Abraham will have to run next year,
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I believe, because that's when Judge Bloom's term expired anyway, So it'll be
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a non partisan primary time frame election, as I understand. So incumbents all
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you tend to have the benefit of the of the incumbency. With help and
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got us to call this one. If you have any questions for Tom Peyton,
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if you have a legal quagmire you'd like for some advice for or some
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other observation you want to talk to Tom Peyton about, you give us call
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this one thy threes or four three, four five fifty. You could text
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over questions the threes or four nine three five five zeros through eight three or
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four nine three, five, five zero zero eight for those unfamiliar as far
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as the kind of the pathology of how the court works at the different levels,
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and when we talk about a circuit court judge, well, what type
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of cases are typically in front of the circus. The circuit court is essentially
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the general jurisdiction trial court. Every county has one, and then the counties
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sometimes are grouped together in circuits. That's why like Judge Asbury or soon to
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be Judge Asberry Hill rotate between four different counties and maybe sit in Clay for
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a week and then go to Gilmour for a week and just keep rotating around.
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I think they have two judges in that circuit, but no circuit judges
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are the That's where pretty much any kind of case can be heard unless it's
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a really small claim and then it goes down to magistrate court versus circuit court.
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But they handle all felonies, all civil cases regarding ownership of real estate.
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They are the one to handle a judicial review if you lose a hearing
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and an administrative level, so you'll lose an unemployment claim or something like that,
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and then generally you go to I think that's still the case. They
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revamped some of that, but you end up in circuit court ultimately for all
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those reviews other than the workers comp workers comps than one where you don't they
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have their own hearing mechanism, and you never hit the circuit court level.
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You can appeal up to the Intermediate Court of Appeals now and then ultimately to
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the Supreme Court. And the course it used to be Circuit Court was the
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initial trial court and then you just had one more, which was our Supreme
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Court. Now, of course they've created the Intermediate Court of Appeals, so
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now we have Circuit Court and another appeal court and then the final appeal court,
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which is the Supreme Court. And actually International Court or the Intermediate Court
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of Appeals has only been operating for about a year, but they're pretty active.
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They've rendered a lot of decisions. But no Circuit judges are extremely important
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because of the breadth of what they handle. I mean, it's just about
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they have general jurisdiction. Even they can do family law if if they're if
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there's a problem with the family court judge, so they can handle divorces,
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adoptions pretty much. Fun to gamut that and so you know it's extremely important
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position. Well, the newer court that you were talking about, the Intermediary
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Court of Appeals, that's only been around for about a year, So that
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h that you mentioned. I know that you and Harvey talked about that on
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this program a lot when this was coming about how's that been working out?
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I know there was some question about its absolute need or necessity in this area.
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Hasn't been working out? Okay, Yeah, I think so that there's
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been there were fights in the legislature or debates over it for a number of
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years. Generally, I would say that the defense bar big business insurance companies
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one intermediate quart of Appeals creates an extra layer which focus on moss Houthe equation
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generally don't like, although there's certainly exceptions to all of that because we you
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know, my goal is get finality from my client and not to drag it
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out and you know, not appeal every case because some of my clients can't
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afford to do it. But it's been good, I think, you know,
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I don't know that I've noticed a whole lot of difference because we're we're
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getting decisions from the Intermediate Court of Appeals that would have just been decided by
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the Supreme Court. I haven't had a case go before the Intermediate Court of
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Appeals yet. I have a few appeals with the Westernia Supreme Court, but
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they were filed before July one or whatever the deadline was last year for Intermediate
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Court of Appeals, so I haven't had a chance to experience. But it
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seems to be working well. I mean, they have published decisions on the
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website Supreme Court, so you're I don't know, you're getting more decisions.
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The idea maybe that you're getting more thorough decisions because some of the you know,
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the docket is reduced for the actual Supreme Court, but I don't know.
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I mean, you have to the arguments against it were also costs of
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a STAB. I was seeing it, and I don't know what the budget's
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been or if they're sticking with it so far. But from the legal side,
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it really hasn't affected our our practice in any way. And you know,
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it needs to play out a little more before we can see long term
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effects from from it. I mean, is it gonna it's hardened one year
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to say, well, you know, folks that don't have as much money
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or being abused by this process because it has an extra layer of appeal,
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and making an afford an extra layer of appeal, you're not going to see
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that reflected or feel that for I don't think for a few years after it's
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in place. So one an a cute level, it seems to be running
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well. I mean, I haven't heard of any problems, and they're they're
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rendering a lot of decisions, and they've got their docket up already for the
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fall with some arguments and and so I'm kind of looking I don't have an
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appeal with them right now. Hopefully I'll get one soon because I'm looking forward
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to going before the Intermediate Court of Appeals. Tom Peyton with us this morning
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on asked the lawyer and give us the call three or four three four five
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fifty fifty eight. If you have a questions about the law that you want
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to get the Peyton Law Firm to weigh in on, you give us a
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call this morning at three zero four three four five fifty fifty eight. You
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can also text over any questions you have to three or four nine three five
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five zero zero eight. Let's go ahead and do this. Let's get our
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breakout of the way. We'll get our breakout of the way and kind of
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reset and come back we have. Then we'll have about twenty minutes left in
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the program to take your calls, your questions, your text, anything else
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that might come up. Once again, it's the Peyton Law Firm. One
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ask the lawyer this morning. Tom Payton is here in studio with us.
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You can give us a call three or A four three four five fifty eight
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fifty eight. You can text three zoro four nine three five five zero zero
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eight. We'll be backward after this. You're listening to ask the lawyer A
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five fifty fifty eight three four five fifty eight fifty eight. You can text
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over questions at three zero four nine three five five zero zero eight. Jerry
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did the former. He called on the phone at three zero four, three
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four five fifty fifty eight to talk to Tom Paython this morning. Jerry,
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Good morning. How you doing this morning? Good morning, gentlemen, Good
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morning Jerry. I'm doing just fine. Tom. I have a question for
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you, and hopefully you can answer it. I was told by a county
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official recently that West Virginia when it comes to property, and I don't know
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the exact term for it, but we're basically a non recording states. In
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other words, you could go back generations and if the property that you own
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has never been recorded at the county level, that property is basically invisible,
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and that they don't have to pay property taxes on a property that is not
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recorded at the county courthouse. And you could pass it down generation to generation,
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and you know, nobody would really know this except the property owner,
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and you could sell it to someone and as long as they didn't record it
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at the county, they too would not have to pay property taxes on this.
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And I understand we've got hundreds of thousands of acres in West Virginia that
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are not on the tax books, are not recorded at the county courthouse.
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And I was wondering if you could explain that. I'm sure you've run across
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this before and hopefully straightened me out of than what I was told. And
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I'll hang up and listen. Thank you, Okay, thanks you called Jack.
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Yeah, so there, you know, when you have a you're talking
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about going into centuries, want to see a couple of hundred years ago.
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But when you know you have different pieces of land that are described in deeds,
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and that's where it starts, and that's the owner deeds initially, well,
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they should be recorded in the record room. That's how you establish who
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owns the property initially. So now deeds don't If you took every deed in
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the Canall County Record Room that are current and you had them all surveyed,
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there would be gaps. There would of course be overlaps as well, but
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those gaps and those areas that are not legally described could be properties. Like
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Jerry was referencing. Now, when when you say a recording state, So
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that and I've actually got an interesting case right now pending which I won't go
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into too much because it's pending. But if I want to transfer my property,
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I mean somebody's got to have something of record to show who owned it
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initially. Now beyond that, there could be no additional deeds recorded. People
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die, That's how you get airship property. So in fact, different people
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own it than the deed of record because the deed of recor could be one
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hundred and fifty years old for a piece of property, for example. And
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I'm not sure all that applies tax wise. It all just depends for property
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tax purposes whether they are still sending out a tax ticket and some person's name,
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you know, deceased one hundred hundred years ago. But there's there's definitely
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going to be gaps in property now when you talk about a record state.
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So back to what I was saying, If I if I own or my
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great great great grandparents owned property, and I think I inherited an interest in
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it, but nothing's been recorded to show that. Since the one of my
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great great grates passed away, I can still have a deed drafted describing that
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property, and I can sign it and give it to and you pay me
20:52
two thousand dollars for whatever My interest isn't that property? And I signed the
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deed, not deliver it to you, and you pay me, you own
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that property even though you haven't recorded that deed. Now the problem is that,
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I mean that's under West Virginia law. Because you've paid, I've delivered
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the deed, signed it, you're in possession of it, assuming I owned
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it, but nobody else knows that you own it because you haven't recorded it.
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So in West Virginia, generally, when you're talking about deeds to land,
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recording legally puts the public on notice that a transaction has occurred, and
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here's the new owner. So if you if you don't bother recording that deed
21:37
and I go out and deed it to somebody else. Later they go look
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at the title at the court alis and said, well, yeah, Tom
21:45
still owns it because there's no other deeds recorded. Or I pass away and
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my heirs don't know that I had already delivered a deed to you and you'd
21:56
paid for it, they could convey their interest to someone else who also I
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wouldn't know Dale Cooper has any ownership interest in it at all, because Dale
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didn't bother to record his deed to let everyone know. Now, then you
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record your deed later after I've already conveyed it to somebody else from my heirs
22:11
have, then you got a fight about who actually owns it. So it's
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the if the people that got it after you paid for it, for example,
22:26
and they had no reason to know that you already had an ownership interest
22:30
in it, and I could not convey it to these new folks, they
22:32
can actually still be the owners because you failed to record the document. But
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so it's kind of a it's a record notice state. So if you don't
22:41
bother recording it, you still own it legally, but you could also be
22:48
subject to future folks claims of ownership because you didn't record it and put everybody
22:53
on notice that you're now the owner. Does that makes sense? It's kind
22:57
of complicated. So it's a it's a I think what Jerry was referencing.
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It's not a meeting. You can own land in West Virginia having received your
23:07
ownership via a deed from someone else, and you in fact legally own it
23:12
even though you haven't recorded the deed. But it could put you in jeopardy.
23:18
It doesn't if there's a dispute against it. It's there's no I've counseled
23:23
people a few times on this in the last few months of holding there's I
23:29
advise against ever holding deeds if you're going to need property to someone via gift
23:33
or sell it. Usually this happens in a gift scenario. Grand Dad will
23:40
say I want need this to grand sign, and then you do the deed,
23:44
and you know they don't want us to record it for him, so
23:47
they take it. Well, then he never gives it to his grands never
23:49
hands the deed over, I never records it. Things happen like I talked
23:55
about earlier, and then he somebody tries to record it later and it just
23:59
becomes a men So I don't think there's any reason to have a deed drafted
24:04
and executed unless you're ready to record it, because it's just gonna it can
24:08
just create I've had a multitude of scenarios over my career where we get into
24:12
litigation because folks held deeds and things like that, and it just can become
24:18
a mass because you have who possessed that, did they pay for it,
24:21
when was it recorded compared to when other things were recorded, What was happening
24:25
with the property during the time period. When you know the deed was drafted
24:27
but never delivered or recorded, it just becomes a mess. So I if
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anybody's out there that has these deeds laying around that you know you've received property
24:37
from someone else and have not recorded the deed that you received, or you're
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thinking about deeding property to someone else as a gift, I wouldn't first of
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all, record your your documents if you have them and you're the recipient,
24:53
and if you're thinking about giving property to someone, just don't. Don't have
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the lawyer draft the deed until you know that you're ready to take action with
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it. Because you just got him laying these deeds laying around. You know,
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it could be that grandpa changed his mind about grandson getting the property,
25:12
but he still had the old deed laying around. He just daver tore it
25:15
up and it's there. And then somebody finds it, and somebody records it,
25:18
and it just becomes a mess. So I I strongly just in my
25:25
office, if I end up learning after a daftedded that they're going to hold
25:29
a sign deed somewhere, I want me to hold it. I generally just
25:33
avoid that deed and say come back. You know, we'll redate it,
25:37
reprint it, and get it ready when you're ready to move forward. But
25:38
you don't want to have this sign deed laying around. This happened to me
25:44
in Michigan, so I imagine, but I think that the cause and effect
25:45
was somewhat similar to what Jerry was talking about here. Once upon a time,
25:49
I was manager at a at a mortgage broker firm, and I got
25:56
involved in a deal just for a minute, and I got out of it
25:57
because it was way too complicated. But I think what happened is that the
26:00
patriarch of the family had kind of dealt with his family for years and sort
26:06
of maybe not buying them off, but rewarding them with land that he owned.
26:11
But he would do it in like deeds that you know, they just
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kept in like a drawer or trunk or whatever else. And it ended up
26:17
upon his death. He also had this land otherwise allocated in some way,
26:21
shape or form, probably in his will. Yeah, exactly, yeah,
26:23
in his will, and it didn't match with the deeds that he had been
26:26
given. So it seemed like from the outside looking in, it looked like
26:30
Grandpaul was sitting there, Oh, Johnny, you're such a good boy.
26:33
Here's a piece of land that you can take and you can do whatever you
26:34
want with. But then he would also give it to somebody else in the
26:38
family. I mean he gave it to somebody else actually legally in the deed.
26:41
It was a complete mess I had to step away from the from my
26:45
end of it, because it was just it was way too messy. But
26:47
I imagine that's the type of thing that could come over either maybe he was
26:49
even a little see now or something, and he had no idea that he
26:52
was even doing it. But you should always protect yourself. On the VACA
26:55
gets those things recorded, could be record him or I mean, you never
26:59
know because even in a scenarire like that, for example, I mean,
27:02
people come when they when folks come to our office for state planning, it's
27:06
confidential. You know, if they want one chat, one child to sit
27:10
in. Sometimes I'll let them during the conversation part, but not usually.
27:15
Usually it's it depends on each situation, but it's a it's a it's a
27:18
confidential meeting, and what you know will is not published until you pass away,
27:25
generally, and so it's really not anybody's business what you're doing with your
27:29
property when you pass away, unless you want to make it someone else's business,
27:33
which happens a lot with families of course. But you get into situations
27:37
where sometimes you'll have and this is probably you know, bouncing off your scenario,
27:45
but Papaul will tell grandson A, Yeah, yeah, you're going to
27:49
get this property, because you know, that's what Grandpaul know his grandson A
27:56
wants to hear. And then he might tell Grandpa and son BE something that's
28:00
a little different, because that's who grandson beat, what Grandson B wants to
28:06
hear, and Grandpa knows it. Now when he comes to my office in
28:07
private decides to do as a state plan, he might do something completely different
28:11
and they can't enforce any of these gift promises, so that I see that
28:17
sometimes too, it's like, well, no, you know, Grandpa said
28:19
I was going to get this I said, well, yeah, that's what
28:22
he told you, but I mean that might not be what he actually did,
28:25
and it may not be anything you know where they he meant to lie.
28:27
It's just people like to please other people and especially family members, and
28:30
so you know, you tend to get conversations like that. But yes,
28:34
your scenario is a good one. People find those deeds laying around. One
28:38
of them is one of the grandkids that's a recipient or thought he or she
28:41
was a recipient of the property. They go and record it. Then you
28:45
got these being recorded. Sometimes will will maybe being probated that says something different,
28:51
and it just becomes a mess. And to me, you know,
28:53
if you're going to pass down your property, one of the things you want
28:56
to do is keep your family out of litigation so that they actually get a
29:00
gifts and not just get it in a lawsuit where everybody's paying lawyers a lot
29:03
of money to try and get it resolved. So that's what we do with
29:06
the state planning, make sure eBay's clear and try and make things smooth when
29:08
they pass away so things are get where they wanted to go. Looks like,
29:15
looks like we had a caller offline, I didn't want to go in
29:17
the air, but it was a follow up on this, and I think
29:18
Jerry kind of mentioned this, and you may have even covered this already in
29:22
passing, but I want to make sure to answer the question directly. A
29:23
caller wants to know if a property has never been recorded, do you also
29:26
never have to pay taxes on it? And that's kind of what Jerry was
29:29
alluding. Yeah, but I mean I don't know how that would ever have.
29:34
Yes, No, there can be I think call it like non entered
29:37
land. I mean there are lands that aren't taxed, for sure, But
29:41
who owns it? I mean that's the if if nobody now, somebody owns
29:45
it, it's just a matter of figuring it out. So it would have
29:48
to be a piece of property that nobody ever knew existed, if we're there
29:51
to be no taxes on it, right. There might be exceptions to that,
29:56
but generally, yeah, I mean there are certainly areas like I talked
30:00
about before, where there's going to be gaps and the deeds and then it
30:06
won't be taxed. They try to not have those gaps, and so yes,
30:11
you certainly have some. But when you say the property owner doesn't pay
30:15
the tax. But I mean you got to go back to who really owns
30:18
the property. I mean, if if there's this area there that's a gap
30:23
between the deed descriptions and Dale's been farming it for forty years, well you
30:30
own it probably by the doctrine of adverse possession because you just used it like
30:33
you owned it for so long and nobody's kept you from using it. But
30:37
that doesn't that's not on record anywhere that you're the owner. So it's you
30:42
know, the question is who doesn't have to pay the tax. Nobody's getting
30:45
tax because nobody really owns it on record. Does that mean if you did
30:51
go on record then like you were going to sell the property officially finally or
30:55
something along those lines, that you could actually discover you had back taxes,
30:59
like if you had a piece of probably that never got recorded, and then
31:00
I don't think so. Not necessarily, Okay, I don't think so.
31:03
And you would have to know that scenario where you're trying to argue you ended
31:06
a piece by use or you're gonna have to join any other interested parties and
31:10
follow lawsuit to get the title quiet, I can say you got it by
31:15
adverse possession but that's a factual scenario that can only be You can only get
31:21
title via adverse possession by court order basically from a circuit court, unless you,
31:26
I mean, you can get agreements with adjoining owners that you are the
31:30
owner because you have adverse possession, but they've got us sign deeds to confirm
31:33
that. Otherwise you got to follow wall sitting courts. So it's yes you
31:37
it's complicated, but yes you would. You can quiet title and get ownership
31:41
of it, and then I don't think they're going to go back and love
31:44
you a big back tax on at that point. Give us a call today
31:48
if you have any questions for Tom Payton before we leave the airways. We
31:52
have about five minutes left. You give us call three or four, three
31:53
four five fifty fifty eight, three four, five fifty fifty eight. You
31:56
can text over any questions you have to three or four nine, three five
31:59
five zeros or eight. We opened up the show where we're talking about some
32:01
of the moves among the judiciary on the benches and h and folks that were
32:08
or retiring or or achieving a different state. One of the things that one
32:13
of the things that I've noticed over over the years and and this this kind
32:17
of I guess ties back into politics a little bit. You don't see it
32:21
as much around here. We've had a couple of people that's tried to turn
32:23
judges into the story or part of the story or something like that. But
32:27
one thing I've noticed in the last couple of years is it seems like,
32:30
and I don't know if it's because of social media or if it's because people
32:31
get more belly heard over over over legal decisions or something like that, it
32:37
seems like that there's in some cases it's media or it's some people who they
32:42
outscored the media that that try to basically make judges famous like it. And
32:49
it's not just you know, the Supreme Court at some level you have some
32:51
understanding of that because of the positions that they hold, but it seems like
32:54
it at state level cases and local cases and stuff like that, Suddenly judges
32:59
being threatened and getting their address published. It's it's not that that never happened
33:02
in the past, but it seems like that's almost becoming commonplace. Another thing
33:07
that judges have to consider when you're going into judiciary and you're making I mean,
33:10
intimidation is part of the point right. I mean, I feel like
33:14
that that's something obviously, I mean, I obviously, but you know,
33:17
I'm just trying to think about it just became so prevalent with the Trump side
33:25
of the equation. That's what I saw, man. Just now, it's
33:29
just kind of you get a tolerance to it, right to move the what
33:31
they call the overdon window. Right now, it's kind of normal to threaten,
33:35
which is completely inappropriate, and judges are have their hands tied in a
33:39
way because they can only say so much being judicial officers. And their chief
33:44
Justice Roberts put something out about it a couple maybe a couple of years ago,
33:47
but that that criticism of the judiciary is just permated from there down to
33:54
down to our local level here where you get a decision you don't like on
33:58
a quote political issue you and then instead of addressing the merits of the decision,
34:02
you personally attack the judicial officer, which has happened here on multiple occasion,
34:07
which seems like every way he thinks they have a route to the Supreme
34:08
Court too, Yeah, all the time, you know, and the US
34:13
Supreme Court. Yeah, there's there's some people have a route there. Apparently.
34:15
It seems like that that kind of with some gifting. Hey, we're
34:20
running out of town a little bit, but I wanted to do Dad's gonna
34:22
come on, I think, uh and do his uh Mountaineer football prediction.
34:27
You've got your own. I've got my own, and we kind of tracked
34:30
this through the season, see you. So I'll run through it here real
34:32
quick. Now this this was a painstaking analysis. Uh, crunch the numbers,
34:37
ten minutes working on the okay, but that's what football deserves. It's
34:43
not that serious. It's just all right. So I'll run through him here
34:46
for the mine are usually I think the trim between Dad and I'm a little
34:51
more optimistic than he is. He goes in with the pessimistic. You don't
34:54
keep your records of it, so we don't have like forty years of a
34:58
no. Okay, we have to go find the Usually I want to forget
35:02
my prediction out of the season because it's way off. But hey, we'll
35:07
run through it. So we of course we start off in Happy Valley.
35:08
I think it's a night game. I'm not going. I kind of would
35:12
like to go, but not this year. That's gonna be an l I
35:15
think we might play Okay, it's first game of season. Surprise them.
35:17
Penn State's got a lot more depth and talent, but we got that underdog
35:22
mentality coming to this season. So I think we lose, but we're losing
35:25
a close one, maybe ten points, maybe thirteen. And then we play
35:30
Dukeane at home. That's got to be a win. Pitt at home night
35:32
game seven thirty Saturday night in September. I'm gonna go with a win for
35:37
WU. Okay. Then we stay Texas Tech at home. I'm gonna go
35:40
win there too. It's an hour three on one. Although one of them's
35:45
lower division team, that's okay, you gotta win those right. Then we
35:47
go. We'll just run through this real quick. At TCU at Houston loss
35:52
loss. I hate to lose to Houston because they got Holgerson there. But
35:57
hitting the road two weeks in a row, use highly ranked. There's two
36:01
els. Then we got Oklahoma State at home loss. I think that Gundy
36:07
has our number, the coach from home when another new conference member, and
36:13
then we got to go at Oklahoma. Love to say we'd win out one,
36:15
but I got to put an ell there. And then Cincinnati home win
36:20
at better loss, So that leaves us at six and six. So I
36:22
think that's pretty optimistic. I think a lot of I think a lot of
36:24
fans would take that. Now, the question is with Neil Brown keep his
36:28
job at six? That's the debate borderline. I think I would depends on
36:31
the combination of the wins. Oh, that's true. I think if if
36:35
they do what I've got down here, I'll bet he keeps his job.
36:38
If you beat Pitt, if you beat one of the two between Pitt and
36:40
Penn State cheeses, are you might be able to think that. Yeah,
36:45
I mean he's beaten on mine. He's mostly be They're beating a lot of
36:47
the newcomers. But you know, since he's been good, boy, he's
36:51
good. So six and six Neil Brown keeps his job. Peyton Law Firm.
36:53
You can find out more information online Peyton Law from dot com. Peyton
36:57
Law from dot com located in Nitro, West Virginia. Of course, seven
36:59
five fifty five fifty six. Seven five five fifty five fifty six is the
37:02
number. Tom. Thank you so much for a coming one today. We
37:05
appreciate it and do it see you next time. We'll see you guys next
37:07
week. On the on I asked the law your next third day on five
37:09
AD w c HS, the Voice of Charleston. W c HS A W
37:17
two four three d r F M Charleston and W two eight three hqu Cross
37:21
Lanes, w VRC Media Station. We are proud to live here too,