Latest / WCHS Network Podcasts / 09/19/2024 Ask the Lawyer with Harvey Peyton

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09/19/2024 Ask the Lawyer with Harvey Peyton · WCHS Network Podcasts

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0:50
Speaker 4: Being well Harvey, Here we go.
0:56
Speaker 5: There, there we are.
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Speaker 4: We're on the here, good morning, good morning. Here your
1:01
Speaker 4: mic was on, but mine wouldn't come on. But now
1:03
Speaker 4: it's on. Good morning. It's eight twenty two. This is
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Speaker 4: five eight WCS the Voice of Charleston, Jeff Jenkins with
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Speaker 4: Harvey Payton at the Peyton Law Firm in Nitro and
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Speaker 4: will entertain your calls. Three O four three four five
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Speaker 4: fifty eight fifty eight three oh four three four five
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Speaker 4: fifty eight fifty eight, any question about the law. Harvey
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Speaker 4: is here. Good morning, sir, Good morning, gave Jeff.
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Speaker 5: It's great. It's great to be here. I haven't been
1:26
Speaker 5: here probably for about the last three weeks or so.
1:28
Speaker 5: Tom's ably filled in and except two weeks ago. I
1:31
Speaker 5: think the question Heart Association, Yes, took our time. We
1:36
Speaker 5: donated that to them so they could talk about some
1:39
Speaker 5: fundraising and the purposes of their great organization. I was
1:44
Speaker 5: out in Montana for about a week. My wife and
1:47
Speaker 5: I went out there for to do some fishing actually,
1:50
Speaker 5: and further tour Yellowstone Park. It's just gorgeous territory out there.
1:57
Speaker 5: Beautiful morning this morning. It was a bit foggy drive
2:00
Speaker 5: again from the days Valley area. It's uh once you
2:05
Speaker 5: actually once you get past the the bridge and night
2:08
Speaker 5: ray across the river. Of course, you go up a
2:10
Speaker 5: little bit in elevation to go to cross lane, so
2:12
Speaker 5: it's not that bad. But listen, traffic was slow, which
2:15
Speaker 5: gave you a chance to listen to leisurely listen to
2:19
Speaker 5: the radio, listened to the morning news. One of the
2:22
Speaker 5: things was about the new TC Energy building that's going
2:26
Speaker 5: to be built down here on Canoe Boulevard, and that's
2:29
Speaker 5: good news for Charleston, really good news, obviously, and Mary
2:34
Speaker 5: Amy Goodwin was there. I mean things. You know, I'm
2:38
Speaker 5: a big proponent of the growth that's taking place in
2:40
Speaker 5: Putnam County and the fact that Putnam County is a
2:42
Speaker 5: great place to live and work. And often I can
2:46
Speaker 5: all cast in a side or some shade on kanaw County,
2:51
Speaker 5: probably because it's a generational thing. I mean, we've we've
2:54
Speaker 5: had in the past with a different ownership of the
2:58
Speaker 5: newspapers and a different political makeup of the County Commission.
3:05
Speaker 5: And frankly the thirteen delegate district that made up kanawh County.
3:12
Speaker 5: Putnam got the short end of the stick, and so
3:14
Speaker 5: did the region. I thought, as far as the airport's
3:17
Speaker 5: concerned and industrial parks and things of that nature. But
3:22
Speaker 5: you know, Mayor Goodwin knows the value of regionalism. She's
3:28
Speaker 5: from Wheeling right originally, and it's certainly dynamic. I've not
3:34
Speaker 5: thrown any shade on my good friend Danny Jones, who
3:37
Speaker 5: was there for years. Danny supported her. Actually, it's good
3:41
Speaker 5: to say. It's good to see the fact there may
3:43
Speaker 5: be other things coming. I mean, the move of truests
3:46
Speaker 5: slowly abandoning their facilities in the Kanaw Valley, as it
3:49
Speaker 5: was pretty obvious they would when BB and T merged
3:53
Speaker 5: with sun Trust. Now we've going to have a nice
3:56
Speaker 5: new Charleston Police Department, which is sorely needed. That building
4:01
Speaker 5: they've been in, that building of the City Hall just
4:05
Speaker 5: in like a cubby hole for decades. It's not good
4:09
Speaker 5: for law enforce but not good for the city. I've
4:13
Speaker 5: got One of the things I heard on the radio
4:15
Speaker 5: this morning was visit Putnam dot Com has adds on
4:21
Speaker 5: this station, and one of the things they were talking
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Speaker 5: about was the Grit Farms. I would encourage anybody who's listening,
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Speaker 5: if you want to have a really nice family type experience,
4:33
Speaker 5: visit Grit Farms down outside of Buffalo. It's up on
4:37
Speaker 5: the hill and can go online. They have a really
4:40
Speaker 5: nice website and they've got a number of buildings up there.
4:45
Speaker 5: They have staged, they've got a lot of activities, vendors,
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Speaker 5: good food merchandise to be purchased, and on occasion, farm
4:55
Speaker 5: to table dinners which are really quite nice. Now that's
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Speaker 5: you know, We've got two Grits. Bob Grit, who runs
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Speaker 5: the farms, and then down in Midway at the Greenhouse
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Speaker 5: that was James and and Grit their cousins. But it's
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Speaker 5: not unified in their operations. And it's a little confusing
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Speaker 5: when you go to the Capitol Market because at one
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Speaker 5: end of the Capital Market there's Grit's Midway Greenhouse, at
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Speaker 5: the other end there's Gritz Farms. The difference that always
5:23
Speaker 5: note is there are two ways to approach credit card sales.
5:27
Speaker 5: You can either add a little money to the bill
5:30
Speaker 5: to cover the credit card charge, or you can discount
5:32
Speaker 5: it for cash. So Chris Midway Greenhouse discounts it five
5:37
Speaker 5: percent for cash. I don't think that Grit Farms marks
5:41
Speaker 5: anything up. They just heat it with that. You don't
5:44
Speaker 5: know how long that's going to last because the swipe
5:46
Speaker 5: charges are getting pretty high. Another but switching back to Charles, so,
5:51
Speaker 5: I don't hope you get some calls here today. There's
5:53
Speaker 5: not a lot going on in the League of Realm.
5:57
Speaker 5: We did have some discussion between the jubernatorial candidate's yesterday
6:00
Speaker 5: about legalizing another drug that we can all get high on.
6:06
Speaker 5: Some people think that's a good thing, some people think
6:08
Speaker 5: it's not. It might be good to hear what our listeners.
6:11
Speaker 5: Think about that, and you know the real progression or
6:14
Speaker 5: revolution of the criminal laws. It relates to the possession
6:20
Speaker 5: and use of marijuana over the last fifty years. It's
6:24
Speaker 5: just changed markedly in West Virginia. Whether we take the
6:28
Speaker 5: final step and just say okay recreational marijuana, which means
6:32
Speaker 5: you can just smoke weed, I guess anywhere you can
6:35
Speaker 5: buy it, and it'd be somewhat regulated the sales, I mean,
6:39
Speaker 5: just like beer and liquor. But any impediment of the
6:42
Speaker 5: public use of marijuana would just be gone at that time,
6:47
Speaker 5: whether that's a good or bad thing. And maybe we
6:49
Speaker 5: can get a call or two about that. I'm old
6:53
Speaker 5: enough to remember a lot about the marijuana laws I had.
6:57
Speaker 5: My birthday was Tuesday. I'm now seventy five, which is
7:01
Speaker 5: hard for me to believe. I don't know, like Mickey Manlin,
7:04
Speaker 5: I know, and I've lived this long and had taken
7:06
Speaker 5: better care of.
7:06
Speaker 4: My Constitution day right, Yeah.
7:08
Speaker 5: It's constant September seventeen, seventeen eighty seven, the day the
7:11
Speaker 5: constitution was ratified.
7:13
Speaker 4: Happy birthday, Well.
7:14
Speaker 5: Thank you very much, my wife. I celebrated by going
7:17
Speaker 5: over to Lowries. And if you're in and around Charleston people.
7:20
Speaker 5: I mean I I've known Paul Smith since he was
7:23
Speaker 5: a little kid right across the street from us in
7:26
Speaker 5: Saint Albans. He's my son, Tom's age. Bault does a
7:30
Speaker 5: wonderful job with one, oh was it ten ten and
7:34
Speaker 5: the other places he's associated with. But in my estimation,
7:41
Speaker 5: fine dining and event dining in Charleston begins and ends
7:45
Speaker 5: with Lowery's. I mean Lowry's. It's got a long history
7:49
Speaker 5: going back. You know, there was a place down on
7:52
Speaker 5: the second on the second floor on the first block
7:55
Speaker 5: of Capitol Street. He had to get It's almost like
7:58
Speaker 5: a Speakey's. You had to take an elevator and go
8:00
Speaker 5: up and get off, push a buzzer on the door,
8:02
Speaker 5: or somebody look through and got it. Wasn't like we
8:06
Speaker 5: need it restricted. It was just sort of a unique place.
8:09
Speaker 5: It's called the Owl's Club. Man named Mose Goodman ran
8:13
Speaker 5: his daughter Sharing Goodman actually was as an attorney and
8:16
Speaker 5: she was ran the Office of Discipline Airy Council for years.
8:21
Speaker 5: Well Mose went to retire, and that that was just
8:23
Speaker 5: after Danny Jones. Danny got back from the Marine Corps
8:26
Speaker 5: from Vietnam. He was a young look, good looking, active guy.
8:30
Speaker 5: So he's running a place in the basement of the
8:33
Speaker 5: old security building called number eight Capitol Street. So he
8:37
Speaker 5: gets up and buys the OL's Club off of most Goodman,
8:43
Speaker 5: and if if I remember correctly, Daniel straighten me out.
8:45
Speaker 5: I think after that he got an opportunity to go
8:48
Speaker 5: down to the corner behind the Henry gasaway Davis Park,
8:52
Speaker 5: Danny's sister under the building down there, and he put
8:54
Speaker 5: his sandwich shop in there. Well, what do you do
8:57
Speaker 5: with the Owl's Club? He sold it to Ote Slowery
9:01
Speaker 5: and then it became Lowery's.
9:03
Speaker 4: He got all right. Todd is on the line with
9:07
Speaker 4: Harvey Todd. Go ahead, thanks for.
9:08
Speaker 5: Calling Harvey Todd.
9:12
Speaker 6: Hey, this legalize in marijuana. I mean, well, I'm in
9:17
Speaker 6: my sixties.
9:18
Speaker 5: Now, but.
9:20
Speaker 6: You know, back in the day when I was in
9:23
Speaker 6: high school and used to smoke a little bit, you
9:26
Speaker 6: know that marijuana THC was nothing in it. This stuff
9:30
Speaker 6: they got today, it'll just wipe somebody out. And I
9:34
Speaker 6: do not want my wife and kids driving down the
9:39
Speaker 6: highway with people smoking this high THC marijuana, because I
9:47
Speaker 6: know there's no way in hell you convince me that
9:50
Speaker 6: they can drive as good as they should be able
9:54
Speaker 6: to if they weren't smoking.
9:56
Speaker 5: Well, I think that's a point. Well, taking tod as
9:59
Speaker 5: a matter of disclosure, I'm opposed to it. I mean,
10:02
Speaker 5: there was some issue here in Charleston about what city
10:05
Speaker 5: council was going to do with the petition. You know,
10:10
Speaker 5: something in the air that maybe I would be able
10:12
Speaker 5: to legal work to assist a mance was No, I'm
10:17
Speaker 5: opposed to this. We do not need another way to
10:19
Speaker 5: get high. I mean, and you tell me that it's
10:22
Speaker 5: going to make forty million dollars in taxes were good,
10:25
Speaker 5: what would prostitution make us? Right, Let's oppose we had
10:28
Speaker 5: cock fighting and made it legal, or bull fighting, which
10:31
Speaker 5: they've outlawed in most of Mexico because it's so really Yeah,
10:34
Speaker 5: you can make money on that if it is at
10:35
Speaker 5: the point, but you just need another way to get high,
10:38
Speaker 5: and that gentleman's correct. You know these people going over
10:42
Speaker 5: on the Potomac River between Warfield and Robney and pulling
10:47
Speaker 5: up this old hemp that was seeds from the Second
10:50
Speaker 5: World War hemp farms and burning some weed. Well, I
10:53
Speaker 5: didn't have enough thacent to knock your hat off. It
10:56
Speaker 5: might make him a little mellow. And there was a
10:58
Speaker 5: place over in South Park there organ down the doghouse
11:01
Speaker 5: where you can spot all the weed smokers about three
11:03
Speaker 5: in the morning when they got the Munchi's there and
11:05
Speaker 5: over there just shoveling it in. But you see what
11:08
Speaker 5: happened in Saint Albans two years ago where a guy's
11:11
Speaker 5: got some Delta eight or Delta nine CBD product that
11:15
Speaker 5: hyped him up and he goes across the center line,
11:17
Speaker 5: killed two people, and you know, why do you want
11:20
Speaker 5: another product? And you know, gush shows.
11:26
Speaker 6: Up drunking the job.
11:31
Speaker 5: If they're sitting around drinking beer at lunchtime, you can
11:34
Speaker 5: see the cans around someplace. But if a guy's got
11:36
Speaker 5: a a weed in his pocket, he goes behind the
11:39
Speaker 5: building and smokes it and down wind and comes back
11:41
Speaker 5: high to the kite. How do you know? And I
11:43
Speaker 5: just think that's my that's my perspective. I think it's
11:49
Speaker 5: saying that it's a good source of revenue, just cheapens government.
11:56
Speaker 5: We got gambling parlors on every corner that essentially is
12:00
Speaker 5: a tax on the poor. You don't see a lot
12:02
Speaker 5: of high rollers people from South Do you see any
12:06
Speaker 5: gambling parlors up on South Hills or on the south
12:09
Speaker 5: side of Huntington, up around the Huntington Museum. Think about that,
12:13
Speaker 5: right you see smoker friendly shops up at the shops
12:17
Speaker 5: on Bridge Road? No where do you see it? Why
12:20
Speaker 5: you see them on the west side. You see them
12:24
Speaker 5: maybe up around on the Route twenty one, up towards Cystsville,
12:27
Speaker 5: or up here around rand or down in Potham County Sea.
12:31
Speaker 5: If you're a rock branch where and if you look
12:33
Speaker 5: around and think, well, this is where's all the money
12:35
Speaker 5: going around here? Well, it's going in those machines twenty
12:38
Speaker 5: dollars bills at the time. It's you know, I was
12:41
Speaker 5: against the gambling. I thought it was just a way
12:44
Speaker 5: to cheapen your moral fiber of your community, to let
12:48
Speaker 5: the legislature off the hook. They don't have to deal
12:52
Speaker 5: with the real issues and problems that could be dealt
12:54
Speaker 5: with with an equitable and fair system of taxation because
12:57
Speaker 5: they can fall back on gambling and now weed. So
13:03
Speaker 5: while I'm all for Steve Williams and I'm going to
13:06
Speaker 5: vote for him, I think he's a good man. I
13:07
Speaker 5: think he's a better candidate for governor. Then Patrick Morrissey.
13:12
Speaker 5: I'm with Morrissey on that one. I think he's right
13:16
Speaker 5: and all you have to do is know. And Williams knows,
13:20
Speaker 5: which is why it kind of surprises him. He's the
13:22
Speaker 5: mayor of Huntington. He sees people dead in the streets
13:25
Speaker 5: down there. I mean, you know, if you got like,
13:30
Speaker 5: you know as well as I know people in my
13:34
Speaker 5: family and closerly related and family of friends of mine
13:37
Speaker 5: who are not here today because they got started burnt,
13:41
Speaker 5: blowing a little weed. And the next thing you know is,
13:44
Speaker 5: you know, you can release those reefers right spring a
13:48
Speaker 5: little fennel in there, put a little cocaine sucking in. Oh,
13:51
Speaker 5: this is really good, and you know then it's like,
13:53
Speaker 5: let's just do this tomorrow. Then let's do it every day.
13:57
Speaker 5: And I just think it's a curse.
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Speaker 2: So that's that's my stoop.
14:02
Speaker 5: Talk for today, which had nothing to do with how
14:05
Speaker 5: great Loweryes is or Danny Jones and the restaurant business
14:08
Speaker 5: and Fozzi who now owns the place because he bought
14:11
Speaker 5: it from Otis. When Otis kind of retired and Otis
14:13
Speaker 5: went to work for the governor for a cabron and
14:16
Speaker 5: up at the Governor's mansion. But Fozzi, who owns it
14:19
Speaker 5: now and has for like thirty five years, he bought it,
14:22
Speaker 5: bought the place from Otis and then I guess it
14:24
Speaker 5: was head mayor and the mayor founders or general corporation
14:28
Speaker 5: owned the railroads and kind of enticed him to come
14:31
Speaker 5: across there. And they've been there thirty years. So if
14:33
Speaker 5: you're in Charlesoner you're looking for a place for a
14:36
Speaker 5: birthday or a special occasion, you can take it from
14:39
Speaker 5: Papaul Harvey that Loweryes can be on the top of
14:42
Speaker 5: your list. Great service, good food, long standing position, or
14:46
Speaker 5: you know, if you want a little younger essence, finders
14:50
Speaker 5: way up to Bridge Road. I see where Sandy call
14:51
Speaker 5: who had the Bridge Road Bistro. She's popped up now
14:54
Speaker 5: at the bank or what some restaurant at in the
14:57
Speaker 5: bank in Barbersville.
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Speaker 4: Oh okay, yeah, think that's for us.
15:00
Speaker 5: I think that's what U saw on TV last I
15:02
Speaker 5: don't watch channel w SAZ, channel Channel three news, right,
15:08
Speaker 5: I mean that's what we've always watched because I think
15:11
Speaker 5: it's better. And they had a nice story about this restaurant,
15:16
Speaker 5: and I'm pretty sure I'll just glass at the screen.
15:18
Speaker 5: I think that was Sandy. That's all there. So anyway, we're.
15:21
Speaker 4: Going to take our one and only break in. The
15:23
Speaker 4: phone lines are open. You can get in touch with
15:25
Speaker 4: Harvey Payton just like Todd did. Three O four three
15:28
Speaker 4: four five fifty eight fifty eight. Any questions about the law, anything,
15:32
Speaker 4: Harvey's here three oh four three four five fifty eight
15:35
Speaker 4: fifty eight. Thanks for listening this morning. Three O four
15:37
Speaker 4: three four five fifty eight fifty eight. Back in the
15:39
Speaker 4: moment on five eighty double uchs.
15:42
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16:10
Speaker 7: seven five five fifty five fifty six.
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16:44
Speaker 4: Put the bow Payton.
16:45
Speaker 3: On the side. We have the courtroom experience.
16:51
Speaker 2: Sad you need.
16:52
Speaker 3: We never give up. We're prepared to fight for your
16:56
Speaker 3: rights when you need action.
17:06
Speaker 4: On your side.
17:10
Speaker 8: Dad.
17:12
Speaker 4: There we go. Boy, that mic just sticks Harvey. Oh well,
17:14
Speaker 4: there we go. There we are all right, man, all right,
17:18
Speaker 4: I can get that again. Three oh four three four
17:21
Speaker 4: five fifty eight fifty.
17:22
Speaker 5: Friend is a friend three.
17:24
Speaker 4: Four three four five fifty eight fifty. On the week
17:26
Speaker 4: of Harvey's seventy fifth birthday.
17:28
Speaker 5: Oh my, I mean that's old, right, I mean like
17:32
Speaker 5: seems like seventy four is not old. Seventy five is old.
17:35
Speaker 5: That's elderly. That's when you start looking at the a
17:37
Speaker 5: you look at the obituary. He's not ready to see
17:40
Speaker 5: who's in there. But you're kind of looking at the
17:41
Speaker 5: playing the spread. Well, let's see, this one's eighty two
17:44
Speaker 5: and this one's eighty five. But that was only sixty seven.
17:47
Speaker 5: So what are my odds of splitting the difference here?
17:50
Speaker 5: How much longer is there before the the end of
17:53
Speaker 5: the trail? Happy trails end somewhere.
17:55
Speaker 4: Let's go back to the lines. How about that Robert
17:57
Speaker 4: is on the line. Robert, you're on with Harvey Payton.
17:59
Speaker 4: Go Harve.
18:01
Speaker 8: I have two comments. First of all, I totally agree
18:05
Speaker 8: with you about state sponsored gambling and could you address
18:10
Speaker 8: how we could get rid of it at this point?
18:13
Speaker 8: And number two, have you looked at the Constitution Party
18:17
Speaker 8: candidate Marshall Wilson. Thanks, Thanks Mike, Robert Well.
18:21
Speaker 5: I can answer the first one. The last question for
18:23
Speaker 5: is Marshall Wilson. Now, I haven't I mean, I'll have
18:27
Speaker 5: to say that I'm almost a droid as far as
18:32
Speaker 5: this election is concerned. When Glenn Elliott and Steve Williams
18:37
Speaker 5: announced their can't respective candidacies, I made up my mind.
18:42
Speaker 5: I would have voted for President Biden had he stayed
18:45
Speaker 5: in the race against all odds. Certainly, But I mean
18:49
Speaker 5: although it's railing against the wind for Vice President Harris
18:55
Speaker 5: and go to walls. So no, I didn't. I didn't
18:58
Speaker 5: watch the debate. I've decided I'll leave that up to others.
19:03
Speaker 5: As far as gambling is concerned, we can't. We're addicted
19:06
Speaker 5: to it now. This state is addicted to gambling as uh.
19:12
Speaker 5: Some people are addicted to crack or fenton or her methamphetamine.
19:16
Speaker 5: And once you start down that road, the entry level
19:20
Speaker 5: was what remember, we're going to reduce, restrict, and regulate.
19:24
Speaker 5: There was some woman in the legislature. She's a Democrat.
19:26
Speaker 5: She was from over an eastern Panhand. I can't remember
19:28
Speaker 5: her name. She had some leadership position in the house,
19:32
Speaker 5: and she would Virginia. Somebody would try it around with this,
19:35
Speaker 5: you know. It was Bob Wise. Uh, and under Bob Wise,
19:40
Speaker 5: we managed to legalize two things that were illegal. Number
19:43
Speaker 5: one was overweight coal trucks which were beating the dog
19:46
Speaker 5: snot out of the roads, and still due to a
19:49
Speaker 5: lesser degree because there's less coal. And uh, well we
19:54
Speaker 5: can't enforce the law. Well, you can just buy more
19:56
Speaker 5: scales and get more enforcement officers. So instead, let's make
19:59
Speaker 5: it legal to run over weight trucks and charging this
20:02
Speaker 5: so called road fee, which is what like fifty bucks,
20:06
Speaker 5: and just keep tearing the roads up. Second was the
20:09
Speaker 5: gray Machines, which at that time was excluded, you know,
20:13
Speaker 5: south of the Kanal River was the Tomlin gambling Empire.
20:17
Speaker 5: They were in every gas station in Logan County and
20:19
Speaker 5: mike Dale County and they had machines every place, had
20:22
Speaker 5: them stuck around in Putnam County. Well, we can't enforce this,
20:25
Speaker 5: Well you can, like you do anything else, get you
20:29
Speaker 5: some state troopers. Motivate a force. Get some of these
20:33
Speaker 5: troopers from Berkeley County and put them down in Logan
20:36
Speaker 5: County and keep them under wraps, let them going in
20:39
Speaker 5: playing clothes. And then when you raid the places, take
20:42
Speaker 5: the machines and tear them up and send the people
20:45
Speaker 5: to jail for about a year. And you know, after
20:47
Speaker 5: a while you pound it down, but they don't want
20:50
Speaker 5: to pound it down. There was a lot of money
20:52
Speaker 5: to be made, and so, if you remember, in order
20:55
Speaker 5: to get these gambling machines, came up with this Cockamini
21:01
Speaker 5: four hundred and seventy five million dollar bond issue for
21:04
Speaker 5: so called economic development. And what do we get, Well,
21:08
Speaker 5: we got a mall, I guess, a shopping area up
21:11
Speaker 5: on Dallas Pike and Wheeling, and we got a ballpark
21:16
Speaker 5: over here that's now was used some I guess we got.
21:22
Speaker 5: We didn't get any regional mental health centers. We didn't
21:26
Speaker 5: subsidize the student loans for physicians to try and get
21:31
Speaker 5: them to locate here. We we didn't develop any program
21:35
Speaker 5: of mental health or recovery or corrections that amounts to
21:38
Speaker 5: anything with so called economic development. All we got out
21:41
Speaker 5: was gambling machines, right and h before that, Caberdin looked
21:46
Speaker 5: around for a way to make some money, and well
21:49
Speaker 5: it's not only just the tracks, let's have casino gambling. Well,
21:57
Speaker 5: but Bright went to prison for that one, right, taking
22:00
Speaker 5: a bunch of bribes, because gambling is just rotten. I mean,
22:03
Speaker 5: at the very bottom line, it's just rotten. It's a
22:06
Speaker 5: way to take money from people by doing nothing. But
22:11
Speaker 5: that's where we are. Where we are if you can
22:13
Speaker 5: see what goes on in our legislature. Tax reductions are
22:20
Speaker 5: a good thing, right, everybody agrees with that. But tax
22:24
Speaker 5: reductions when you have bills to pay is not a
22:28
Speaker 5: good thing. And just because it's an in co eight
22:32
Speaker 5: or not yet invested charge doesn't mean it doesn't exist.
22:36
Speaker 5: Six thousand kids in foster care that exists, whether you
22:41
Speaker 5: acknowledge it or not. It's a debt we have to pay.
22:44
Speaker 5: Prisons that are falling apart are a debt. We have
22:46
Speaker 5: to pay roads. Secondary roads there are shambles is a
22:51
Speaker 5: debt we have to pay. Higher education is the debt
22:55
Speaker 5: we have to pay teachers. You know, it costs a
22:57
Speaker 5: lot of money to educate a child. And you can say, well, well,
23:01
Speaker 5: you know that a beginning teacher today in West Virginia
23:05
Speaker 5: makes less than a beginning teacher in Virginia did twenty
23:08
Speaker 5: years ago. Think about that, and we don't, and we're
23:12
Speaker 5: twelve twenty five hundred teacher short. So well, I'm all four.
23:18
Speaker 5: You know, we're so deeply ingrained with gambling. The programs
23:22
Speaker 5: are supported by gambling. Programs for the elderly, programs for veterans,
23:27
Speaker 5: we can't pay for those with the revenue stream that
23:31
Speaker 5: we've got now if we eliminated the gambling. So we're
23:34
Speaker 5: stuck with it. But even though we're stuck with it,
23:37
Speaker 5: we could make the best of it, and we can
23:39
Speaker 5: certainly do better. We're not going to We're not going
23:43
Speaker 5: to I'm seventy five years old. I lived in this
23:45
Speaker 5: state every day of my life, every day. It has
23:48
Speaker 5: not changed, it is not going to change. The what
23:53
Speaker 5: I tell people is the land of the blind. A
23:55
Speaker 5: one eyed man is king, and the king ain't going
23:59
Speaker 5: to spend a lot of money on site research. Right.
24:04
Speaker 5: So that's where we are. We were led by the
24:07
Speaker 5: worst leadership. The best people led by the worst leadership
24:11
Speaker 5: that one can conceivably imagine, with the rare exception of
24:14
Speaker 5: local government, which is far better. But at the state level,
24:20
Speaker 5: we've had a coal guy up there in the office now.
24:24
Speaker 5: Before him was another coal guy, er Array from Logan.
24:28
Speaker 5: Before him was a coal broker from Marion County. Before
24:32
Speaker 5: him was Bob Weisey's dad and worked for Caperton selling
24:36
Speaker 5: bonds to coal companies. Before him, he had the Allen
24:40
Speaker 5: Creek Coal Company board member, Cecil Underwood. You know, the
24:43
Speaker 5: only governor you had that wasn't eating up by coal
24:45
Speaker 5: was Jay Rockefeller. He lost the first time around and
24:48
Speaker 5: then sold out the second time around. He gave himself elected.
24:50
Speaker 5: Harsh Moore went to prison for what getting bribes from
24:54
Speaker 5: coal companies and giving money out broke the workers' Compensation says,
24:58
Speaker 5: that's just the way it is. And you know, they
25:02
Speaker 5: don't run these ads about the friends of coal in Manhattan.
25:06
Speaker 5: They don't run them over Ohio. They run them here
25:10
Speaker 5: to keep the few people that are left here living
25:13
Speaker 5: lives of quiet desperation, supplicant to whatever they want to do.
25:19
Speaker 5: And that's where we are, in my humble opinion, which
25:23
Speaker 5: is that's seventy five years worth of just blather, I suppose. Anyway,
25:28
Speaker 5: So the Supreme Court of Appeals, they are going to
25:32
Speaker 5: start there. They've started their term, haven't decided any cases yet.
25:37
Speaker 5: I'm thinking and I'm hopeful. You know, we got the
25:39
Speaker 5: Intermediate Court of Appeals two years ago that by the
25:42
Speaker 5: end of maybe the next spring's term, we'll be able
25:46
Speaker 5: to look at the stats and the Supreme Court does
25:48
Speaker 5: a good job of this, look at the statistics and
25:50
Speaker 5: the outcomes and see, well, it is the Intermediate Court
25:53
Speaker 5: of Appeals serving its purpose? Is it creating an additional
25:57
Speaker 5: body of legal precedent and taking some pressure off the
26:03
Speaker 5: Supreme Court. That is how many cases that are decided
26:07
Speaker 5: by the Intermediate Court of Appeals, they become appeals of
26:11
Speaker 5: last resort. They do not elect the option to go
26:14
Speaker 5: on an appeal to the Supreme Court and add to
26:16
Speaker 5: their dog. I think that'll be quite interesting to see.
26:19
Speaker 5: And as you mentioned while we were off the air,
26:21
Speaker 5: there's a really interesting case, a big case in the
26:24
Speaker 5: Intermediate Court of Appeals now which involves the viability of
26:28
Speaker 5: a cause of action by infants or children who were
26:33
Speaker 5: born with drug dependency because their mothers had ingested controlled
26:38
Speaker 5: substances during the course of pregnancy. That case was brought
26:43
Speaker 5: as a class action and dismissed by the Mass Litigation Panel,
26:48
Speaker 5: and having been dismissed, I think the panel said, well,
26:50
Speaker 5: you cannot prove a nexus between this conduct and this
26:54
Speaker 5: injury to support a cause of action for a public nuisance,
27:00
Speaker 5: the intervening cause of others taking these drugs. We don't
27:03
Speaker 5: know where they came from. We don't know what drugs
27:05
Speaker 5: they were. There's too much of an array of ees.
27:08
Speaker 5: You can't sustain the sufficient burden of proof. That's been
27:11
Speaker 5: appeal to the Intermediate Court of Appeals. As you say,
27:14
Speaker 5: they took ninety minutes to argue that case, which is
27:16
Speaker 5: a long time. So we'll see it, and we should
27:19
Speaker 5: probably see that within a couple of months and hopefully
27:21
Speaker 5: we'll keep an eye on it and when it's decided,
27:23
Speaker 5: we can talk about it here on the air.
27:25
Speaker 4: Yeah, that's good.
27:25
Speaker 5: They are deciding a lot of cases at the ICA.
27:28
Speaker 5: They did, they had a slew of them all a
27:29
Speaker 5: couple of weeks ago. Some civil cases. A lot of
27:32
Speaker 5: them are workers' compensation, which was one of the purposes
27:36
Speaker 5: of the Intermediate Court of Appeals was a more and
27:40
Speaker 5: family law. They have a lot of family law and
27:42
Speaker 5: a lot of workers comp which I mean, I think
27:46
Speaker 5: we could have accomplished the purpose of alleviating the suffering
27:51
Speaker 5: of litigants in those areas by simply having a Court
27:54
Speaker 5: of Appeals of more limited jurisdiction, but we didn't. I mean,
27:57
Speaker 5: all civil cases can go there. Let's see here at
28:00
Speaker 5: the end of this year, whether the statistics, the numbers
28:04
Speaker 5: add up and we actually are in addition to helping
28:10
Speaker 5: workers comp and family law, if you look at the
28:12
Speaker 5: general civil cases, are we actually reaching finality with some
28:18
Speaker 5: precedent in those cases? Are we just adding another burdensome
28:21
Speaker 5: step on the path of finality. That's that was the
28:24
Speaker 5: big concern that lawyers on my side of the equation. Well,
28:27
Speaker 5: they're just going to keep appealing them. Or are we
28:30
Speaker 5: at a situation now where the insurance company takes a
28:33
Speaker 5: looking at the trial court level, they appeal to the ICA,
28:38
Speaker 5: they lose. Do they use their economic clout just to
28:42
Speaker 5: go on and follow an appeal and delay the matter
28:44
Speaker 5: with the Supreme Court to try and pound down a
28:46
Speaker 5: selling or do they just say well, let's just pay
28:50
Speaker 5: this and get rid of it. I mean, we'll see,
28:53
Speaker 5: that'll be interesting to see.
28:54
Speaker 4: Yep, yep. Three O four three four five fifty eight
28:56
Speaker 4: fifty eight. Three oh four three four five fifty eight
29:00
Speaker 4: fifteen Harvey Payton's here at the Peyton Law Firm in
29:02
Speaker 4: Nitro three oh four three four five fifty eight fifty eight.
29:07
Speaker 4: Harvey celebrating birthday number seventy five.
29:11
Speaker 5: This one, Yeah, I guess you would call it the
29:13
Speaker 5: Diamond Jubilee week, right. I'm in there now with the
29:16
Speaker 5: Queen Elizabeth and Queen Victoria as being really old. It's
29:20
Speaker 5: like John Houston said, you know, ugly willman and ugly
29:23
Speaker 5: old hookers all get more respectable with age in a
29:26
Speaker 5: great movie Chinatown. I am respectable because I'm old, which
29:31
Speaker 5: may or may not be true. But you know, things
29:34
Speaker 5: haven't changed that much at the Peyton Law Firm. I
29:38
Speaker 5: mean I've been practicing law now I'm in my fifty
29:40
Speaker 5: first year and still do a good bit of practice.
29:43
Speaker 5: I mean, I'm obviously semi retired. I don't go to
29:46
Speaker 5: the office every day, and I don't always going on
29:51
Speaker 5: the weekends. Oh I do like to go on like
29:52
Speaker 5: Sunday evening and see what's coming up during the week.
29:56
Speaker 5: But we stay quite busy. We've been quite busy Tom
29:59
Speaker 5: has so it's got a number of pretty major civil cases,
30:04
Speaker 5: pending cases involving bodily injury, cases, involving employment cases, involving
30:10
Speaker 5: consumer issues, which is generally what we do with the
30:12
Speaker 5: Peyton Law Firm. So if you have an auto accident
30:16
Speaker 5: or you suffer a fall or bodily injury and you think, well,
30:18
Speaker 5: somebody caused this this you can bring an injury on
30:23
Speaker 5: yourself obviously, and then there's no claim. But if you think, well,
30:26
Speaker 5: you know, I feel like I've been done wrong here.
30:28
Speaker 5: Somebody caused this, but I think they owe me some
30:32
Speaker 5: money to make up for the harm that I've suffered,
30:35
Speaker 5: then then you probably ought to talk to a lawyer
30:37
Speaker 5: and we would hope you would think about the Peyton
30:39
Speaker 5: law firm. We've been doing this for a long time,
30:41
Speaker 5: and we have one on one service with our clients.
30:44
Speaker 5: And if you come to the office and you've been injured,
30:48
Speaker 5: we don't do a screening through cell phones. You know,
30:51
Speaker 5: you know, you can't go to an app and upload
30:55
Speaker 5: your bills and some outfit in Florida and they send
30:58
Speaker 5: you a check back or do it automatic transfer, or
31:01
Speaker 5: send you maybe they do a credit card you can use.
31:03
Speaker 5: I don't know how that works. Now, you come and
31:05
Speaker 5: see us and we talk about your case, and we
31:09
Speaker 5: get your medical records and we look at those and
31:11
Speaker 5: we investigate the facts and certainly try to settle every dispute,
31:18
Speaker 5: because you know, lawsuits are the last resort. If you
31:21
Speaker 5: can resolve somebody's differences in a reasonable fash that everyone
31:25
Speaker 5: can live with without the agony of litigation and the
31:29
Speaker 5: time consuming fact of litigation, and that's what you should do.
31:32
Speaker 5: And we certainly try to do that. But if it's
31:34
Speaker 5: the last straw, we do it. And we've tried a
31:37
Speaker 5: lot of cases, and we won a lot of cases. Now,
31:42
Speaker 5: in all honesty, we've lost a couple. I mean, I've
31:45
Speaker 5: lost a couple that I thought were the perfect case
31:48
Speaker 5: back in the day, because if any lawyer tells you
31:51
Speaker 5: they've never lost a case, they're lying, or they've never
31:53
Speaker 5: tried very many. You know, they tried one, got a
31:56
Speaker 5: good result, and then quit to go tell everybody that
31:59
Speaker 5: they're one of the greatest lawyers in the world. Just
32:02
Speaker 5: you look at the case there be front of the
32:03
Speaker 5: Enemy Court of Appeals to the Plaineists. Layers are Tony
32:05
Speaker 5: Magestro and Jesse Forbes. Why know Majestra really well, he's
32:09
Speaker 5: a hard working, smart guy. I mean, I don't know
32:12
Speaker 5: Jesse Forbes as well as I know his dad, because
32:14
Speaker 5: Bill and I are kind of contemporaries. But you know,
32:18
Speaker 5: good lawyers work hard, and that's what we all do
32:22
Speaker 5: for a living. So I know what encourage you of it?
32:25
Speaker 5: And I think just give us a thought. If you're
32:28
Speaker 5: you are a member of your family, you think, well,
32:30
Speaker 5: you know, that just doesn't seem right to me. That's
32:33
Speaker 5: that's a sense that can't test. Does this seem right
32:35
Speaker 5: to you? Does it seem reasonable that you're being treated
32:37
Speaker 5: the way you are? And if your answer internally as
32:40
Speaker 5: well know or I don't think so, or I wonder
32:45
Speaker 5: about that, We'll give us a call. Peyton Law Firm.
32:47
Speaker 5: We go online to Peyton Law Firm dot com. You
32:49
Speaker 5: can send an email that either comes to me or Tom.
32:52
Speaker 5: Give us a little outline of the facts. We'll get
32:55
Speaker 5: right back with you. Either buy email, give you a
32:57
Speaker 5: phone call. Decide whether you know is this something that
33:02
Speaker 5: we need to have a in face meeting about. Is
33:05
Speaker 5: this a case that looks like it's got some ongoing
33:07
Speaker 5: equity to it on your part, And then we meet,
33:10
Speaker 5: and then you meet our staff and we go from
33:12
Speaker 5: there and trying to have a pretty quick turnaround. You know,
33:15
Speaker 5: a case that's pending for three or more years is
33:19
Speaker 5: pretty long time in our neck of the woods. And
33:25
Speaker 5: that's pretty much all or honestly, as far as I'm concerned.
33:29
Speaker 5: Being the old man on the mountain, a lot of
33:33
Speaker 5: people just call them on a little advice. They would
33:36
Speaker 5: just like to talk about things.
33:39
Speaker 2: Now.
33:39
Speaker 5: My problem is I'm old and cranky and I get opinionated.
33:42
Speaker 5: You know, one of the things that like gambling, there's
33:49
Speaker 5: a state planning. There's a state planning for a purpose
33:53
Speaker 5: of providing some comfort to your heirs and simplifying things
33:58
Speaker 5: when you're gone. There's a state planning for a purpose
34:01
Speaker 5: of continuing to receive government benefits so that you can
34:05
Speaker 5: give your money to your kids, which I don't think
34:09
Speaker 5: is the purpose of the system. I don't mean. I
34:10
Speaker 5: just tell people frequently, and most of them don't like it.
34:14
Speaker 5: You can't be poor when you want to be you know,
34:17
Speaker 5: you want to look like you're poor so you can
34:19
Speaker 5: get this benefit that's paid for by money we've borrowed.
34:24
Speaker 5: That's all. They're going to be paid for by maids
34:27
Speaker 5: and ditch diggers and truck drivers paying their taxes so
34:30
Speaker 5: that you can get the money that your parents earn
34:33
Speaker 5: during their lifetime to take care of themselves. I mean,
34:35
Speaker 5: I just I mean there are firms who who do that,
34:39
Speaker 5: and they do it quite well. The Van Isen firm
34:41
Speaker 5: does a lot of that elder planning, and I just
34:42
Speaker 5: tell them, let's call them, because I just reached the
34:45
Speaker 5: point in my career I don't have the stomach for that.
34:48
Speaker 5: And well, it may not be popular, it's honest. I mean,
34:52
Speaker 5: I don't think honesty is always the best policy. No
34:55
Speaker 5: problem gets better with time. And you know, most people,
35:01
Speaker 5: if they get a straightforward, honest assessment of a set
35:06
Speaker 5: of facts that you can agree upon, even if it's unfavorable.
35:10
Speaker 5: I said, well, okay, I can live with that. I
35:13
Speaker 5: just wanted to know. Unfortunately, the problem we have in
35:17
Speaker 5: today's decide he's getting that basic set of facts that
35:20
Speaker 5: everybody can agree upon, at least on a national political level.
35:25
Speaker 5: Nobody knows what the facts are in this horrible situation.
35:28
Speaker 5: You see what happened down in Florida. Some guy hunker
35:31
Speaker 5: down hide in Louisa. He wanted to shoot President Trump.
35:36
Speaker 5: But he's a kook, right, he's crazy. You look at
35:38
Speaker 5: this guy and we read about his background, he's just
35:42
Speaker 5: a cuckoo bird that We don't know what the twenty
35:46
Speaker 5: year old kid was in Pennsylvania, but we know what
35:49
Speaker 5: he was doing. He was actually committing suicide. And it happened.
35:53
Speaker 5: And if the Secret Service agent in Florida last weekend
35:57
Speaker 5: had been a better shot, that's what would have happen
35:59
Speaker 5: to this guy. Well, it's not a conspiracy, it's not
36:04
Speaker 5: driven by the Russians. If it had been, it would
36:06
Speaker 5: have been a success. The Massad didn't do it, the
36:09
Speaker 5: CEI didn't do it. It's a cuckoo bird. It's somebody like.
36:13
Speaker 2: Uh Sarah J.
36:15
Speaker 5: Moore who tried to kill or squeaking from they tried
36:18
Speaker 5: to kill Gerald Ford, or disgruntled Palestinian refugee who killed
36:25
Speaker 5: Robert Kennedy, or you know now Martin Luther King's different.
36:30
Speaker 5: It was a hired racist, felonious gunman, but a cuckoo
36:34
Speaker 5: bird killed Kennedy, And if you look at McKinley and Garfield,
36:39
Speaker 5: it was the same thing. It's just horrible, but we'll
36:42
Speaker 5: find our way around this. We went out of time,
36:44
Speaker 5: aren't we.
36:45
Speaker 4: Yeah, we are Peyton Okay, Peyton Lawfirm dot com.
36:48
Speaker 5: Peyton Lawfirm dot Com. We're at twenty eight oh one
36:50
Speaker 5: First Avenue in Nitro, which is only about twenty minutes
36:53
Speaker 5: from here in downtown Charleston or from Hurricane. We do
36:57
Speaker 5: a lot of work for folks in Putnam, Mason, Western
37:01
Speaker 5: Kanaal County, but we also do work anywhere in the
37:04
Speaker 5: southern district of West Virginia or up north, probably the
37:08
Speaker 5: eastern panhandles out of our Bailey Wick and you can
37:11
Speaker 5: send us an email by going to Peyton Law Firm
37:13
Speaker 5: dot com click the tab. Palm and I are the
37:16
Speaker 5: only two that see those. We'll get right back to you.
37:18
Speaker 5: You can call us at the three oh four seven, five,
37:22
Speaker 5: five fifty five fifty six, or you can stop by
37:25
Speaker 5: the office. It's right on the main drag. It's six
37:28
Speaker 5: blocks from the dairy Queen.
37:30
Speaker 4: Yeah, and stop.
37:31
Speaker 5: We can get a great hot dog.
37:32
Speaker 4: That's right, you can, Harvey. Good seeing you, Good seeing you, NFA.
37:35
Speaker 5: I'll see you next week. Right by the way, we're
37:38
Speaker 5: one and we're one and two as I said, would
37:40
Speaker 5: be right. Okay, we'll see where we stand.
37:42
Speaker 4: At Okay, all right. ABC News is next on HS.
37:47
Speaker 2: Fight ed w c HS amninty six point five at
37:50
Speaker 2: the Charleston one oh four point five Cross Lanes WVRC
37:53
Speaker 2: Media Station. We're proud to live here too.