Latest / Ask the Lawyer / 02/19/2026 Ask the Lawyer with Harvey Peyton

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02/19/2026 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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Speaker 1: The views and opinions expressed on this program do not
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Speaker 1: necessarily reflect the views and opinions of five eighty wchs
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Speaker 1: it's employees or WVRC Media of.
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Speaker 2: Courts, Oh Creation Equal.
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Speaker 1: Well Mass, come here to Katon can rockp On.
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Speaker 3: It is twenty one minutes past eight o'clock and you
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Speaker 3: can put the law on your side this morning. You
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Speaker 3: don't have to fight the law. You can put the
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Speaker 3: power of Peyton on your side. Harvey Payton is in
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Speaker 3: studio with us this morning. Three zero four three four
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Speaker 3: five fifty eight fifty eight three four five fifty eight
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Speaker 3: fifty is a number you can call to get online
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Speaker 3: with Harvey Payton from the Patent law firm in Nitro,
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Speaker 3: West Virginia. Harvey, good morning. How you doing this morning?
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Speaker 2: Well, Coop, if it was any better, it would take
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Speaker 2: two of me to enjoy it. I've got a special
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Speaker 2: dispensation from son Tom to appear again. This is two
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Speaker 2: weeks in a row to see it. Yeah, it's always
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Speaker 2: good to be here. And this was a bit rainy
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Speaker 2: on the way up this morning, particularly at the right
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Speaker 2: there on last sixty four at the top of the
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Speaker 2: Institute Hill. All of a sudden boom. There came a
1:16
Speaker 2: real squall of heavy rain and traffic slowed down. I
1:20
Speaker 2: was I got off at Montrose actually to avoid the
1:24
Speaker 2: throw the jam up around the Virginistry interchange and came
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Speaker 2: up the boulevard. But it gave me an opportunity to
1:30
Speaker 2: sit in the car. Traffic was slow to listened to
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Speaker 2: the news. Good news, good news for the region. Actually
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Speaker 2: it's portrayed a bit as good news for the city
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Speaker 2: of Charleston. But the seven million dollar award from the
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Speaker 2: United States government, engineered apparently successfully by a Senator Capito.
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Speaker 2: Senator Justice was there as well. I guess that's they
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Speaker 2: share those announcements. The twenty seven twenty three million dollars
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Speaker 2: for the expansion of the terminal, which is a good thing.
2:04
Speaker 2: And I travel a good bit in and out of
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Speaker 2: not always big hib airports, smaller airports. Two weeks ago
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Speaker 2: I was in Mobile, Alabama. Been the number of places,
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Speaker 2: smaller spots in Texas and Pennsylvania, certainly in Canada. And
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Speaker 2: you know, a nice new terminal, something that I think
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Speaker 2: we're entitled to do. People wish as I do that
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Speaker 2: we've made different choices sixty years ago and had a
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Speaker 2: much bigger airport, perhaps driving a stronger regional economy somewhere
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Speaker 2: between Charleston and well, yes, but the reality is, but
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Speaker 2: the reality is and clearly gets a good thing and
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Speaker 2: for that Senator capitals to be complimented. In addition, the
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Speaker 2: you know, while many people want to live forty years
2:56
Speaker 2: ago when the Charleston Town Center mall was an economic drive,
3:00
Speaker 2: were in the space that's now a vacant lot, was
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Speaker 2: a Kaufman's kind of the big Kaufman's Chade in Pittsburgh,
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Speaker 2: and then a Macy's that's gone, it's not coming back.
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Speaker 2: And you know, a seven million dollar kickoff for a
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Speaker 2: sports center. You know, a job in Charleston is as
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Speaker 2: important to Putnam County as a job in Putnam County
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Speaker 2: as to Charleston. That's the pitch I've made for years. Uh,
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Speaker 2: there's a lot of competition and sectionalism, which is not
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Speaker 2: a good thing. But you'd have to think that, you know,
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Speaker 2: if you've got this seven million dollar seed money that
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Speaker 2: as I understand from what I've been Selango said over
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Speaker 2: the last years, so that's what was really needed, and
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Speaker 2: you're going to have a sports center that will draw
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Speaker 2: you know, a sports tourism. As much as the soccer
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Speaker 2: complex has down at institute, well, then more power to it,
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Speaker 2: and all the people can be critical and they will be.
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Speaker 2: I saw a nice post by Paranzino, who's one of
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Speaker 2: Charleston's really great businessman, has Tony the Taylors down here
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Speaker 2: on the Virginia Street that somebody's going to find a negative. Well, sure,
4:08
Speaker 2: well it's election year and that's it. Well, okay, there
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Speaker 2: any number of reasons things happen. The question is is
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Speaker 2: it good for us all or or not? And this
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Speaker 2: is a good thing followed up by some of the
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Speaker 2: worst news we've gotten. I mean, I've been practicing AW
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Speaker 2: a long time and developed a lot of friendships, went
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Speaker 2: to school at WVU or my full academic career, developed
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Speaker 2: a lot of friendships there, particularly in Logan County. There
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Speaker 2: Dave McCormick, who's now in the legislature. His father Dave,
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Speaker 2: is a part of the McCormick family that's run the
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Speaker 2: McCormick's department store in Logan, Oh Gosh for a hundred
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Speaker 2: plus years through the family and had any number of
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Speaker 2: really good clients and good friends in the Liburn and
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Speaker 2: Man area up the guy and dot that way, and
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Speaker 2: some of them out holding on island. And you know
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Speaker 2: last week's news about the closing of the the Greenbrier
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Speaker 2: subsidiary of Coronado Resources, the five mines and the prep
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Speaker 2: plant that we're closed down there with the loss of
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Speaker 2: actually five hundred and fifty mining jobs. It's just devastating.
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Speaker 2: It's heartbreaking, and that's going to equate to probably fifteen
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Speaker 2: hundred or two thousand job losses by the time that
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Speaker 2: ripples through the economy. And it's one of those things
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Speaker 2: there's nothing we can do about it. This is not
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Speaker 2: a result of clean air regulatory war on coal. We
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Speaker 2: can't keep the lights on. These mines are metallurgical coal.
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Speaker 2: They produce high quality, but it's called a high vall
5:50
Speaker 2: because the coal produced there has more than thirty percent
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Speaker 2: volatiles by volume, which is not the very best for
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Speaker 2: making steal. It's generally used to blend with other coal
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Speaker 2: to make steel. And there's just a worldwide glood in
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Speaker 2: the market. The Chinese economy slowed down the demand for steel,
6:08
Speaker 2: and the world markets slowed down the demand for this
6:13
Speaker 2: high vol metal and metallurgical coal that is selling for
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Speaker 2: almost eight hundred dollars a ton four years ago, it
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Speaker 2: is down to one hundred and sixty eight dollars, and
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Speaker 2: it just tells you you can't burn this, and you
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Speaker 2: can't burn it in a powerhouse. First of all, there's
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Speaker 2: no way to get it there. The prep plants are
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Speaker 2: completely different. And you know, with the outlook for the
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Speaker 2: world steel market and conversion to different sorts of coking
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Speaker 2: process for steel manufacturer of the high liklihood is these
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Speaker 2: jobs will never come back. And that's pure market conditions.
6:43
Speaker 2: Those men and women and those minds could work for
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Speaker 2: nothing and they still couldn't save the business. And that's
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Speaker 2: just heartbreaking it. I don't know what we do about it,
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Speaker 2: except politicians could accept the reality and try therefore to
6:59
Speaker 2: improve the environment in that area, at least if it's
7:03
Speaker 2: an area that's going to be slowly depopulated, make that
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Speaker 2: transition as comfortable as possible, with things like adequate sewer
7:12
Speaker 2: and water treatment, no more dirty water, you know, paving
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Speaker 2: streets in Oceana and Gilbert and Libirn and man beefing
7:23
Speaker 2: up the school systems with some state support. I mean,
7:26
Speaker 2: things that might make life better. But to me, knowing
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Speaker 2: like Dave McCormick down McCormick store is one of my
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Speaker 2: best friend it has been since the sixties, went school
7:35
Speaker 2: together up Morgan. His first cousin, Larry LaFond, was one
7:38
Speaker 2: of the major car dealers in the area. Introduced really
7:42
Speaker 2: the big deal Toyota dealerships and just to see that
7:46
Speaker 2: just hammered with nothing we can do about it. It's
7:50
Speaker 2: just like when we lost Monsano in Nitro. Youah, the
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Speaker 2: big product at Monsanta that made that plant value but
7:56
Speaker 2: was satakuir and Santa mers. They were rubber curatives used
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Speaker 2: in vulcanizing tire production. You know. In the forties, Firestone
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Speaker 2: Tire was a huge customer. What got to the point
8:07
Speaker 2: that there was a world glot of that material and
8:11
Speaker 2: they were selling it out of online auctions. And at
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Speaker 2: that point when they closed and put the last of
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Speaker 2: several hundred irily good jobs out of work again, I
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Speaker 2: knew quite well. One of the executives said, Harvey, we
8:26
Speaker 2: could work for nothing, We could work for nothing and
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Speaker 2: couldn't compete on the world market. And so it's gone.
8:33
Speaker 2: Now it's just a vacant feel. It's I don't know,
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Speaker 2: I mean, it's to me, there's at some point you
8:40
Speaker 2: have to accept reality and move on from this sort
8:43
Speaker 2: of war on cooled jingoism or blame assessment. Market forces
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Speaker 2: are what they are. That's why we don't have Macy's,
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Speaker 2: and that's why we don't have you. That's why prosperity
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Speaker 2: in that area of Wyoming and Logan County is not good.
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Speaker 3: I wonder, and I'm not an obviously not an expert
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Speaker 3: in this right now, I don't want to speak out
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Speaker 3: a turn because this is just something that you know
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Speaker 3: when you're thinking about things, and you wonder every once
9:10
Speaker 3: while about different tacks. We could have taken sober realism
9:14
Speaker 3: when it comes to whatever you're doing with different energy
9:18
Speaker 3: forms and stuff along those lines, Like there's legitimate criticism
9:22
Speaker 3: when people talk about renewables, like you can't just flip
9:24
Speaker 3: the grid and be like, hey, we're going to all renewed.
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Speaker 3: I mean, there is no plan for that to ever happen,
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Speaker 3: And for people that push renewables to such a degree,
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Speaker 3: it's just not realistic. There has to be a transference
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Speaker 3: of baseload at some point to nuclear or whatever it
9:36
Speaker 3: might be. And then once you're on nuclear, then you
9:38
Speaker 3: start building out. I mean, there's ways to do it,
9:39
Speaker 3: and there's been ways to do it for decades upon
9:41
Speaker 3: decades upon decades now. And what I wonder is if,
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Speaker 3: at some point, if there could have been realism involved
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Speaker 3: in where this was going, and if all the industries
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Speaker 3: really could have worked together with market forces, and if
9:53
Speaker 3: it wouldn't actually have resulted in a more healthy industry
9:56
Speaker 3: now than what we have, where what we end up
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Speaker 3: having is basically cold that's been subsidized for decades, and
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Speaker 3: when subsidies get knocked out and when market forces that
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Speaker 3: were created for a few years go away, there's nothing left.
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Speaker 3: And I just wonder if we would have a better
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Speaker 3: baseline now if we actually worked with all of the
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Speaker 3: energy and actually let true market forces and not market
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Speaker 3: forces manipulated by lobbying and stuff like that, to create
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Speaker 3: a whole energy would it be healthier? I don't and
10:23
Speaker 3: I'd have no idea. This isn't my thing, but it's
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Speaker 3: just something I wonder about.
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Speaker 2: I think that's happening today even as we speak. In China.
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Speaker 2: I'm acquainted with a person who's quite involved with the
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Speaker 2: international energy markets who says, ook, the people from China
10:39
Speaker 2: get it, and they're really smart, and they're really aggressive,
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Speaker 2: and they burn renewable and they do both fall intoing renewables.
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Speaker 2: And you can't buy a rechargeable battery in the United
10:50
Speaker 2: States that's not made in China, and that's bad. Years ago,
10:55
Speaker 2: decades ago, Hoppy Kirchball and I share a common friend
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Speaker 2: at the university. He was a professor named William Meernich.
11:04
Speaker 2: He was with the Regional Research Institute. And Mernich said,
11:07
Speaker 2: in the early seventies, you know, there was a push
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Speaker 2: on for a while that the petroleum companies wanted to
11:12
Speaker 2: buy the coal companies, and they were pushed back in Congress.
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Speaker 2: He said that should have happened because the coal industry
11:18
Speaker 2: is run by charcolodites, cavemen. They live underground, and they
11:21
Speaker 2: think that that's going to last forever. And we're going
11:24
Speaker 2: to suffer for this down the road in which I
11:26
Speaker 2: think we have how we're going to find our way
11:31
Speaker 2: out of this, I don't know. You look at what
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Speaker 2: the legislature's doing now in Charleston with regard to concealing
11:38
Speaker 2: the basis for data centers, for further subsidizing you know,
11:44
Speaker 2: thermal coal. Is that a good thing a bad thing?
11:47
Speaker 2: It just seems like it's a never ending thing. But
11:50
Speaker 2: we're never better off. We are never better off. We
11:54
Speaker 2: are never more highly populated. But those are issues. They're
12:00
Speaker 2: far beyond the poor power of the Peyton Law Firm.
12:02
Speaker 2: Had the tract at the Peyton Law Firm. Well, we're
12:05
Speaker 2: a really good regional, local firm. Our basis is in
12:10
Speaker 2: Putnam County and western Kanawha County and Lincoln County, Mason County,
12:15
Speaker 2: Cabell County. We do travel all over. As I said,
12:19
Speaker 2: I've had a good practice in southern West Virginia. Tom
12:24
Speaker 2: he's licensed in Ohio, so he's in Columbus and Cleveland
12:27
Speaker 2: and the Wheeling and Morgantown doing litigation, not just you know.
12:33
Speaker 2: I had a person say, you know, it seems like
12:36
Speaker 2: you know a lot about a lot of things and
12:40
Speaker 2: you're a personal injury lawyer. Said no, No, we're trial lawyers.
12:43
Speaker 2: We're litigators. If you get involved in a case that
12:47
Speaker 2: is regarding, for instance, a large estate that has coal,
12:50
Speaker 2: oil and gas interests, you better know what you're talking about.
12:54
Speaker 2: And because we have such a varied litigating practice, primarily
12:59
Speaker 2: automa be laccens, insurance claims, on the job injuries, but
13:03
Speaker 2: also litigation people who put a valuable commercial enterprise on
13:11
Speaker 2: the wrong piece of property, for instance, when they had
13:14
Speaker 2: noticed that there was things of that nature. And you know,
13:17
Speaker 2: we're really good at it. If you have an issue,
13:19
Speaker 2: we're in Nitro right there at the Canal and Putnam
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Speaker 2: County line. You can call the Peyton Law Firm at
13:24
Speaker 2: three h four seven five five fifty five fifty six,
13:28
Speaker 2: or go online to Peytonlawfirm dot com and you can
13:31
Speaker 2: see all about us and you can see a little
13:32
Speaker 2: section on the verdicts and settlements that we've gotten. You
13:35
Speaker 2: can also see the twenty plus or thirty some reported
13:40
Speaker 2: cases we have in the courts of Appeals and the
13:44
Speaker 2: West Virginias Supreme Court, so you can see what we
13:47
Speaker 2: do and about us and how successful we've been. And
13:50
Speaker 2: our staff is all local, been with us for a
13:52
Speaker 2: long time, and we're here to help people. It's difficult
13:58
Speaker 2: on the air to just pick a topic, can talk
14:00
Speaker 2: about specifics because oftentimes that instills in the listener, you know,
14:05
Speaker 2: that little bit of knowledge. It could be a dangerous thing.
14:08
Speaker 2: I will say, and I don't think it's any secret.
14:10
Speaker 2: I've been doing this fifty two years and I don't
14:13
Speaker 2: do any heavy lifting litigation right now, I'm not afraid
14:18
Speaker 2: to do some litigation. I resolved some matters here just
14:21
Speaker 2: in the last few months on behalf of clients who
14:23
Speaker 2: had you know, consumer claims that were asserted against them,
14:30
Speaker 2: wrongful debt claims were asserted against them that came out
14:33
Speaker 2: quite successfully. But I do a lot of transitional, transactional work.
14:36
Speaker 2: Folks that want to come in and talk about, now,
14:38
Speaker 2: what do I need? What sort of papers do I
14:40
Speaker 2: need to ease this transition from life to death which
14:45
Speaker 2: all of us are going to experience. And you know,
14:49
Speaker 2: I love to talk to folks and get to know
14:51
Speaker 2: them and get to work out here's what you need
14:53
Speaker 2: to do with this and that, And you know, don't
14:57
Speaker 2: be afraid to call a lawyer. Don't be afraid to
14:59
Speaker 2: call us if you think, well, I just want to
15:01
Speaker 2: have an answer to a question. You can come in
15:03
Speaker 2: and we can talk. And when it gets to the
15:05
Speaker 2: point where we have to charge some money, then you
15:07
Speaker 2: can say, well, what's this going to cost me? And
15:09
Speaker 2: I can tell you just had that last week lady
15:12
Speaker 2: called on the phone a question about an estate for
15:14
Speaker 2: a family member, and you know, called by he says, well,
15:17
Speaker 2: I don't know. I said, is this going to cost
15:19
Speaker 2: us a lot of money? So we can ask me.
15:21
Speaker 2: I can tell you it's going to evolve a couple
15:23
Speaker 2: hours of my time doing some record research. You know,
15:26
Speaker 2: you five six hundred dollars. Oh, we thought it would
15:29
Speaker 2: be way more than that. So don't be afraid to
15:32
Speaker 2: call and ask. With regard to an injury claim or
15:36
Speaker 2: litigation claim, you should always ask what's this going to cost?
15:39
Speaker 2: What do you think the expenses are going to be?
15:40
Speaker 2: We can tell you that almost to the penny because
15:42
Speaker 2: we've been doing it for so long now to flip
15:48
Speaker 2: the page. You know, we're lawyers. I went to law school,
15:54
Speaker 2: graduated in nineteen seventy four, worked in the federal court system.
15:59
Speaker 2: Have been litigating lawyer for almost fifty years. Tom's been
16:05
Speaker 2: at it for twenty plus years, twenty five years. And
16:11
Speaker 2: when you're a lawyer, you learn to respect the cost
16:15
Speaker 2: tous in the United States of America, and you know
16:17
Speaker 2: what due process is, which led me to really read
16:22
Speaker 2: with pleasure Hoppy Kerchival's commentary today. He read it on
16:25
Speaker 2: the radio. I heard it on the way and I
16:27
Speaker 2: also read it. You can go online. Anyone who's listening.
16:30
Speaker 2: Just metronews dot com. It'll take it. It doesn't cost anything
16:35
Speaker 2: to look at that and read it, right, Coop, it's free, yeah,
16:38
Speaker 2: absolutely right now, and yeah there right now and hobbies
16:43
Speaker 2: commentary is about three federal judges here in the southern
16:46
Speaker 2: District of West Virginia who have in the past several
16:50
Speaker 2: weeks awarded what are called ritz of habeas corpus to
16:55
Speaker 2: people who were unlawfully detained and held in custody by
16:59
Speaker 2: agents of the United State's government. I've seen some comments
17:04
Speaker 2: immediately as well. These are radical leftist judges. They are
17:09
Speaker 2: they have Trump derangement syndrome. They're turning illegal criminals loose
17:13
Speaker 2: on our streets, none of which is accurate. It doesn't
17:17
Speaker 2: take long to look and see that. You take a
17:20
Speaker 2: look at Judge Goodwin, he's the senior judge here. Well,
17:23
Speaker 2: Judge Copenhaer is the senior senior judge. Jedge Capenhaviord just
17:27
Speaker 2: turned a hundred, actually, but Judge Goodwin has been on
17:31
Speaker 2: the bench. Gosh, he was a Bill Clinton appointee, and
17:37
Speaker 2: before that he was far from what any one would
17:40
Speaker 2: call a raging liberal. Now he's been identified as a
17:42
Speaker 2: Democrat all his life. So is his wife Kay, his
17:47
Speaker 2: son Booth, who's married to the mayor. But you know,
17:52
Speaker 2: I know because in the seventies when I started practicing law,
17:56
Speaker 2: Judge Goodwin, who we've referred to that as Joe Bob,
17:59
Speaker 2: he was an inch hearance lawyer. He was conservative. Was
18:02
Speaker 2: his wallpaper representing insurance companies. He comes from up in
18:05
Speaker 2: Jackson County. I mean he had an uncle, Bert good One,
18:08
Speaker 2: and a fella named herb Bryant from out in Saint
18:11
Speaker 2: Albans did title work. I mean, you couldn't get any
18:13
Speaker 2: more conservative, you think the other Judge Thomas Johnston, he's
18:17
Speaker 2: a Bush appointee, was the US attorney's from Point Pleasant.
18:21
Speaker 2: I mean, that's not what you call a you know,
18:25
Speaker 2: a haven of liberal thought. They're not swinging from the
18:29
Speaker 2: theories and hippie outfits down there. He was US attorney
18:32
Speaker 2: up north, a notoriously conservative among the plaintiffs bar as
18:39
Speaker 2: far as that the way he conducts his court. And
18:41
Speaker 2: you've got Irene Berger who sits down in in back Lace.
18:46
Speaker 2: He's one of what I means, she's from down around
18:49
Speaker 2: North Fork, Cinder Bottom, some place down in mcdale County.
18:52
Speaker 2: She was an assistant prosecuting attorney up here in Kanall
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Speaker 2: County for years under Pete Brown and uh Arley King
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Speaker 2: and a fierce prosecutor who's far from liberal. I mean,
19:05
Speaker 2: they have found that and correctly noted the mattress seems
19:12
Speaker 2: to be well, if you're illegally in this country, you
19:14
Speaker 2: don't entitled any due process. Well, here's what happens. I mean,
19:18
Speaker 2: the Immigration and Customs Enforcement Agency had conducted an operation
19:23
Speaker 2: in West Virginia which resulted in apparently the detention and
19:27
Speaker 2: perspective to poor deportation of over six hundred people. Now,
19:33
Speaker 2: I'm sure among that group there are any number of
19:35
Speaker 2: people who were just illegally in the country with no
19:37
Speaker 2: form of protection. They had just sneaked in here, and
19:42
Speaker 2: some of them were criminals. They were being actually held
19:44
Speaker 2: in jails here, charged with serious crimes. They got to go,
19:48
Speaker 2: they have to go, they should go. But there's a subset.
19:52
Speaker 2: You know, if a person, let's say a person from
19:54
Speaker 2: Soviet Russia. Now we know what Russia does. Last week
19:57
Speaker 2: we found out they killed one of the over there
20:00
Speaker 2: by injecting them with frog poison from the Amazon right
20:04
Speaker 2: and lied about it. And so let's suppose a Russian
20:07
Speaker 2: national shows up at an airport, say in Atlanta, and
20:13
Speaker 2: he's got a Russian passport but no visa. I think
20:15
Speaker 2: you need a visa from Russia to visit and I
20:18
Speaker 2: so you go to the immigration officer customs when you
20:21
Speaker 2: go through, and so we have no visa. Well, at
20:24
Speaker 2: that point, the immigration officer can say you can't enter
20:27
Speaker 2: the country. You're not in the country yet until you
20:29
Speaker 2: clear that hurdle it at the point of entry. But
20:33
Speaker 2: if the person says, I understand that, but I am
20:35
Speaker 2: here's my situation. I am subject to death or torture
20:40
Speaker 2: if I go back to the Soviet Union. I want
20:42
Speaker 2: to asylum like Mikhael Barishnikov did the Great Dancer when he
20:47
Speaker 2: came here, like Martina and Nevertalova did when she left
20:50
Speaker 2: her family and Defectis I'm at risk? Well, at that
20:54
Speaker 2: point you go to a room and you talk to
20:57
Speaker 2: an immigration officer and you fill out a form, and
21:00
Speaker 2: you've undergo an interview, and if if at least colorably
21:04
Speaker 2: your claim for asylum is valid, then you're admitted into
21:08
Speaker 2: the United States. You have to be it's the law,
21:11
Speaker 2: and that claim for asylum then is heard by an
21:13
Speaker 2: immigration judgment. Now you may be detained during the period
21:20
Speaker 2: from entry an assignment of a claim, or you may
21:24
Speaker 2: be released into the United States with conditions. The conditions
21:27
Speaker 2: being that you report regularly to the Immigration Service, is
21:31
Speaker 2: that you don't work unless you apply for and receive
21:34
Speaker 2: permission to work. If you meet those conditions after having
21:38
Speaker 2: been admitted into the country, then you are lawfully of
21:41
Speaker 2: legally protected status LPs. That's simple. Now. The argument can
21:48
Speaker 2: be made that under the Biden administration, asylum and legally
21:52
Speaker 2: protected status were too readily granted and people were released
21:55
Speaker 2: into the country who maybe didn't have valid Well, okay,
21:59
Speaker 2: but the fact is the status was granted, and once
22:03
Speaker 2: a person within the United States possesses a property interest
22:06
Speaker 2: or a valid interest in this case, in having that
22:09
Speaker 2: case heard and having your right to asylum determined, then
22:15
Speaker 2: that cannot be taken away without some degree of due process.
22:18
Speaker 2: You know, they can give you a notice and say,
22:20
Speaker 2: all right, we're going to accelerate your hearing. You have
22:22
Speaker 2: to appear at the immigration court. You can have a hearing,
22:26
Speaker 2: the judge can hear the evidence. They say, all right,
22:28
Speaker 2: I deny your claim for asylum. Now your subject deportation
22:32
Speaker 2: I'm going to release you on bond until we can
22:35
Speaker 2: find a way to deport you, or I'm going to
22:37
Speaker 2: detain you. But you don't just go and stop people
22:41
Speaker 2: on a highway who have the appearance of being Hispanic
22:47
Speaker 2: for no other reason than maybe they have a deformed
22:51
Speaker 2: license plate and simply take them to the South Central
22:56
Speaker 2: Jail and lock them up without any chance to say,
22:59
Speaker 2: oh minute, I'm here because I've got these conditions, and
23:02
Speaker 2: I've met all the conditions, and that's what these cases
23:05
Speaker 2: are about. These aren't about judges willy nilly telling immigration
23:11
Speaker 2: that you know, you can't take a person charged or
23:13
Speaker 2: convicted of a serious crime and summarily deport them. They're
23:16
Speaker 2: not telling Immigration and Naturalization you can shut the border.
23:19
Speaker 2: You don't have to allow anybody. I mean, you can say, okay,
23:23
Speaker 2: you make your application for asylum, we're going to consider it,
23:26
Speaker 2: but in the meantime, get back on the plane, or
23:30
Speaker 2: you can go to a detention center. That's just a
23:32
Speaker 2: matter of policy. But the fact that folks are entitled
23:35
Speaker 2: to do process when I find it's stunning stunning that
23:40
Speaker 2: an assistant United States Attorneys, in response to a petition
23:44
Speaker 2: for reta haavior's corpus, which is a prayer by the
23:48
Speaker 2: person in detention to be freed because they're unlawfully held
23:52
Speaker 2: to come to court. And the judge says, well, why
23:54
Speaker 2: was this person stopped in the first place, and then
23:58
Speaker 2: to say, I don't know, we don't have that information.
24:01
Speaker 2: And that's just not in Judge Goodman's court. It was
24:04
Speaker 2: in Judge Johnson's court. It was in Judge Burger's court.
24:08
Speaker 2: It's stunning. It's just like, well, we have the right
24:10
Speaker 2: to pick someone up, and we don't have to tell
24:11
Speaker 2: you why, Judge, and we can put them in the
24:14
Speaker 2: South Central Jail and they can just sit there until
24:17
Speaker 2: we decide what to do with it. Well, that's Unamerican.
24:20
Speaker 2: That violates the Fourth Amendment and the Fifth Amendment of
24:25
Speaker 2: the United States Constitution and the fourteenth Amendment, which makes
24:28
Speaker 2: that applicable to the states. So that in so far
24:31
Speaker 2: as state officers act in conjunction with ice to just
24:36
Speaker 2: pick people up without probable cause, without reasonable suspicion, without
24:40
Speaker 2: a warrant and lock them up. I mean, I think
24:43
Speaker 2: we just have to accept the fact that there is
24:45
Speaker 2: a subset of folks who are clearly entitled to do process.
24:50
Speaker 2: Now there may be a difference in the feelings about
24:54
Speaker 2: the policy and how it was applied when they got here,
24:57
Speaker 2: but they're here and you have to sort through that.
25:02
Speaker 2: Get more immigration judges, bring some people over from the
25:05
Speaker 2: Judge Affrica General Corps. They're getting people out of the
25:07
Speaker 2: JAG Corps and the Army and the Air Force. Now
25:11
Speaker 2: the Department of Justice is and assigning them to be
25:13
Speaker 2: assistant the United States Attorneys because any number of career
25:17
Speaker 2: in the United States attorneys have just quit. They have said, look,
25:22
Speaker 2: this is not what I was trained to do. I
25:23
Speaker 2: was trained to uphold the law in the Constitution. I'm
25:25
Speaker 2: not going to go into court and tell a judge
25:28
Speaker 2: I have no idea why we held this person and
25:31
Speaker 2: expect them to just leave them locked up. I know better.
25:34
Speaker 2: And so they've just quit or where they said, well
25:37
Speaker 2: we want you to investigate the victim instead of the perpetrator,
25:40
Speaker 2: they've quit. We're shorthanded. We really need to address that.
25:44
Speaker 2: I think I don't know if you can do it
25:46
Speaker 2: in a non partisan manner, but there certainly should be
25:48
Speaker 2: some vehicle for discussion of that, and I think Hoppies
25:53
Speaker 2: started that today with his commentary urge people to go
25:57
Speaker 2: online and look at it and read it and then
25:59
Speaker 2: you can google you can. You know, the McCallen, Texas
26:03
Speaker 2: a delight for the little town down on the on
26:06
Speaker 2: the river. It's just probably an hour upriver from Brownsville.
26:11
Speaker 2: I've been to McCallan a number of times. Used to
26:13
Speaker 2: have some cases down there, and it's one of the
26:15
Speaker 2: major ports of entry for the Valley region in Texas.
26:18
Speaker 2: Somebody presents themselves at a port of entry, they have
26:21
Speaker 2: a right to walk across the border to the place
26:24
Speaker 2: where that immigration officer stops them. Now, if they want
26:27
Speaker 2: to turn them away, they can turn them away. But
26:29
Speaker 2: if they make a valid application for asylum and they're
26:33
Speaker 2: not detained, they're conditionally released into the United States. Thereafter
26:37
Speaker 2: they have a right to do process as long as
26:40
Speaker 2: they comply with the conditions, one of which is not
26:42
Speaker 2: violate the law. So I mean, if I just think
26:46
Speaker 2: of someone, if there was a more calm discussion of
26:49
Speaker 2: people going to understand that out of the six hundred
26:52
Speaker 2: and some folks who were taken into custody by ice
26:57
Speaker 2: here in West Virginia, we're only talking about a so
27:00
Speaker 2: upset of maybe fifty, but that's one is too many.
27:03
Speaker 2: If you deny one person of due process, it's too many.
27:07
Speaker 2: We cannot subsist. As a kind of imagine this in
27:10
Speaker 2: your own mind. You are walking down a street in
27:13
Speaker 2: West Virginia and in your pocket you have a revolver,
27:18
Speaker 2: and an agent of the government walks up and says,
27:21
Speaker 2: do you have a revolver? And you say, oh, yeah,
27:24
Speaker 2: I got a revolver. Let me have your revolver. Well,
27:28
Speaker 2: why let me have your revolver. I'm taking this. I'm
27:31
Speaker 2: going to take this and keep it, and if you
27:34
Speaker 2: want it back, you can go to court and get
27:36
Speaker 2: it back. Now, anybody even question the fact that that's
27:41
Speaker 2: a complete denial of due process under the fourth and
27:43
Speaker 2: fifth Amendment. No, I mean when you number these amendments,
27:47
Speaker 2: they're not ordinal. It's cardinal. You know, the first, second, third, fourth,
27:52
Speaker 2: and fifth all have the same degree of levi Jedes
27:55
Speaker 2: of the sixth as well, And you know, so you
27:59
Speaker 2: just have to carry this over to its logical conclusion.
28:02
Speaker 2: And the fact is there is a subset of people
28:05
Speaker 2: who are entitled to do process. They should get it.
28:07
Speaker 2: They should get it. And if the reason they are
28:10
Speaker 2: not getting it is some sort of intimidatory exertion of
28:14
Speaker 2: force by are heavily armed, costumed and masked over an
28:19
Speaker 2: agency and we ought to stop it. Right. That's all.
28:22
Speaker 2: So that's it. Now, we got to take a break.
28:24
Speaker 3: Let's do it break, Let's start breaking with still up
28:26
Speaker 3: al the time when we come back. If you want
28:27
Speaker 3: to put the power Payton on your side, you can
28:29
Speaker 3: talk to Harvey this morning. Any comment on anything that
28:31
Speaker 3: Harvey's talking about, give us a call three zero four,
28:33
Speaker 3: three four five fifty eight. We'll take a break and
28:35
Speaker 3: be back right after this. You're listening to ask the
28:37
Speaker 3: lawyer with Harvey Payton from the Payton Law Firm on
28:39
Speaker 3: five ADWCHS The Voice of Charleston.
28:41
Speaker 4: Why do people trust Peyton Law Firm for personal injury
28:44
Speaker 4: claims in West Virginia? Simple, Tom and Harvey Payton are
28:48
Speaker 4: lifelong West Virginians. They live here, they work here, and
28:52
Speaker 4: they're proud to stand up for their neighbors. If you've
28:54
Speaker 4: been hurt and want no nonsense representation that gets results,
28:58
Speaker 4: you want the Peyton Law Firm, call seven five five
29:02
Speaker 4: fifty five fifty six or visit Peyton Law Firm dot
29:05
Speaker 4: com to learn more.
29:06
Speaker 3: The attorney's referenced in this ad or lifelong residents and
29:09
Speaker 3: are licensed to practice law in the state of West Virginia.
29:11
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29:57
Speaker 3: You're listening too. That's the lawyer on five DWHS. The
30:01
Speaker 3: voice of Charles and Harvey Payton is in studio with
30:03
Speaker 3: us this morning. You can take your phone calls for
30:05
Speaker 3: the next just a few minutes left in the program
30:06
Speaker 3: this morning. Threes are four three four five fifty fifty
30:09
Speaker 3: eight three four five fifty fifty eight one line Peyton
30:11
Speaker 3: Law from dot com p e y t U N
30:12
Speaker 3: Peyton Law from dot com, WHS Network, dot com, slash
30:16
Speaker 3: peton and you can. You can listen to any of
30:18
Speaker 3: the past programs that we have here on Ask the Lawyer.
30:20
Speaker 3: We put those up about an hour or so after
30:22
Speaker 3: the show's over.
30:22
Speaker 2: You know, I hate that as well. I have, Actually,
30:26
Speaker 2: I don't know why, out of some sixth sense of curiosity,
30:31
Speaker 2: listened to myself on that podcast. Goodness, that guy's terrible.
30:37
Speaker 2: When you listened to off the air before the show started,
30:41
Speaker 2: we were speaking about the great award that the Tony Coreedi, Yeah,
30:45
Speaker 2: received a national award as a sportscaster. You forget that
30:48
Speaker 2: Tony has been the voice of the Mountaineers for forty
30:51
Speaker 2: plus years. Right, It seems like only yesterday we were
30:54
Speaker 2: listening to Jack Fleming.
30:55
Speaker 3: I know, he was the young pup that took over
30:57
Speaker 3: from Jack right and took a lot of slings in
30:59
Speaker 3: air said Jack wanted to stick around for a year.
31:02
Speaker 3: And I think at that time it was Mountain Sports
31:04
Speaker 3: Networks was run on the show and they said, well, Jack,
31:07
Speaker 3: can you think we can ease you out honorably? I
31:11
Speaker 3: think he just quit bitterly. But you know that's all
31:15
Speaker 3: in the past. Jack Fleming was a great, great broadcaster.
31:19
Speaker 3: You know, people who've heard the Immaculate Reception podcast by
31:22
Speaker 3: Fleming and Tony Careedia.
31:25
Speaker 2: You know. My story about Tony is I went to
31:29
Speaker 2: a function during spring practice for alumni and supporters, and
31:36
Speaker 2: I mean Tony obviously knew everyone in the room. But
31:39
Speaker 2: he's sitting there while the AD's talking with these note
31:44
Speaker 2: cards and he gets up and he gives to speel.
31:47
Speaker 2: I said, tell you one of those note cards, all
31:49
Speaker 2: making notes on who's here. So you know almost at all,
31:51
Speaker 2: ye have it. You can never take anything for granted,
31:55
Speaker 2: no matter how much you think you know, you better
31:56
Speaker 2: prepare every time, you know. And that's that's talent. That's
32:00
Speaker 2: how these people do it. And you know, you think
32:03
Speaker 2: about the I don't want to be a sick ephant
32:06
Speaker 2: for the station. But Hoppy Kerchiable could have gone anywhere
32:11
Speaker 2: in the United States to any radio market, probably within
32:17
Speaker 2: the last twenty years, and bigger markets. I actually think
32:22
Speaker 2: he kind of probably been a network guy somewhere, you know,
32:27
Speaker 2: and probably had some offers and turned them down. He's
32:30
Speaker 2: really good, really smart. I've done Hoppy pretty well for
32:33
Speaker 2: the last twenty years and he just doesn't shoot from
32:36
Speaker 2: the hip. So when he writes a commentary and makes
32:40
Speaker 2: a commentary, it's serious and well reasoned, and I would
32:43
Speaker 2: urge everyone to go online today and read about what
32:48
Speaker 2: he says about due process, and you know the historical
32:51
Speaker 2: background of that. It's quite interesting. Now if you want
32:57
Speaker 2: to talk to a lawyer about a problem that's immediately
32:59
Speaker 2: pressed to you, it doesn't have to be immigration, although
33:02
Speaker 2: you know, if someone feels their rights have been violated
33:05
Speaker 2: and you have a civil claim, we can certainly look
33:07
Speaker 2: into that for you. But our firm, the Peyton Law Firm,
33:10
Speaker 2: mean I've got out of law school in nineteen seventy
33:13
Speaker 2: four and went to work for Jude Roberty Maxwell, who
33:17
Speaker 2: was the chief and actually the only judge at that
33:20
Speaker 2: time in the United States District Court for the Northern
33:22
Speaker 2: District West Virginuary. Sat In Elkins, traveled throughout the district,
33:26
Speaker 2: came back to Charleston, worked for a couple of years
33:29
Speaker 2: on the insurance side of the equation, then got an
33:32
Speaker 2: opportunity to go down to Putnam County in nineteen seventy seven,
33:36
Speaker 2: and it's been really good to me. Putnam County has
33:38
Speaker 2: been good to us, been good to the Peyton Law firm,
33:42
Speaker 2: the Saint Albans. I grew up in Saint Albans. Tom
33:45
Speaker 2: grew up in Saint Albans. Our staff is from PoCA Buffalo,
33:51
Speaker 2: Saint Albans. With just people who've been here a long time.
33:54
Speaker 2: We know how things work. So if you think you
33:57
Speaker 2: have an issue, I mean, if you think you know,
33:59
Speaker 2: maybe I should talk to a lawyer, do not be afraid.
34:02
Speaker 2: We are here to help people and we will try
34:05
Speaker 2: to help you, even if it's not something that we
34:08
Speaker 2: can immediately intervene in. I mean I've had calls. This
34:12
Speaker 2: a couple of weeks ago, fell a call and it
34:14
Speaker 2: was an issue about a relative who died in Florida. Well,
34:17
Speaker 2: it didn't take me any a lot of time just
34:19
Speaker 2: to try and get online and see what I can
34:21
Speaker 2: tell them about what they needed to do in Florida.
34:24
Speaker 2: Didn't charge man anything, and you know, but they felt
34:27
Speaker 2: better and they knew where to start. And you know,
34:30
Speaker 2: you can come in. We never really charge anybody for
34:33
Speaker 2: an initial consultation, just to see if you have a case. Now,
34:36
Speaker 2: if you come in and say, look, I've got these papers,
34:39
Speaker 2: please read these here while I'm here, and tell me
34:42
Speaker 2: what this means or give me an answer. Well, we'll
34:44
Speaker 2: tell you. There's going to be a little charge for that,
34:46
Speaker 2: because that actually is information you would act on. But
34:49
Speaker 2: we never charge anybody to see if they have a case.
34:51
Speaker 2: Does that mean we have a call? I think we
34:52
Speaker 2: have a call. We have very little amount of time
34:54
Speaker 2: a caller. You're on the air. What's your first name?
34:58
Speaker 5: Hey, Holly, Holly, Yes.
35:01
Speaker 2: Sir, what's your question for for Harvey?
35:04
Speaker 5: I just have a quick question. Uh, my health is
35:08
Speaker 5: not all that good, and I have my house and
35:14
Speaker 5: me and my wife with right to survivorship. Would it
35:17
Speaker 5: make any difference if or would it improved if I
35:21
Speaker 5: just put it in her name?
35:23
Speaker 2: Now? Not necessarily now joint tenancy. You know it's your
35:28
Speaker 2: your interest is going to pass to her immediately if
35:30
Speaker 2: something should happen to you. I wouldn't do that. It's
35:37
Speaker 2: probably you know you'd have a five year look back.
35:41
Speaker 2: But you know you're always entited to keep your house.
35:43
Speaker 2: If you're concerned about long term care with Medicaid, you're
35:46
Speaker 2: not going to lose your home. Uh, it's never It's
35:48
Speaker 2: not considered an asset. Your wife's gonna if if you
35:51
Speaker 2: would get sick, need long term care and pass before
35:54
Speaker 2: your wife. She's going to own the house and it's
35:57
Speaker 2: not going to be subject to any claims or backs.
36:00
Speaker 2: Now when when she goes, there might be a different issue,
36:04
Speaker 2: but don't worry yourself about that right now.
36:06
Speaker 5: Okay, all right, appreciate it.
36:10
Speaker 2: No problem, Thank you for calling.
36:11
Speaker 3: Appreciate the phone call. Thanks so much for calling in.
36:13
Speaker 3: And that's how you do it. Out of time today,
36:15
Speaker 3: I think I only i'd a minute left in the program.
36:17
Speaker 3: But that's how you do it. If you don't want
36:18
Speaker 3: to put the power Payton on your side, if it's
36:19
Speaker 3: a call.
36:20
Speaker 2: And I think the probably the real power, the young
36:22
Speaker 2: Tom Payton will be back here next week. Let me
36:24
Speaker 2: tell you I'm biased, and I was a pretty good
36:28
Speaker 2: lawyer in the courtroom. I was a real good lawyer
36:30
Speaker 2: in the court. If I'm kind of a neon diad
36:33
Speaker 2: about that, I don't deny it. I won a lot
36:35
Speaker 2: of cases and did a lot of really good work
36:37
Speaker 2: in the courtroom. Tom Payton's better. He's the best lawyer
36:41
Speaker 2: under fifty that I know around here. If you've got
36:44
Speaker 2: an issue that requires some litigation or some mature thought
36:47
Speaker 2: and research. You couldn't do any better. He will be
36:51
Speaker 2: fifty come September, so I'm a big five.
36:54
Speaker 3: Oh.
36:54
Speaker 2: He will get any event. It's good to be here.
36:57
Speaker 2: Thanks Erybid, thank you for listening, and us to call
37:00
Speaker 2: a Peyton Lawfirm dot com. We're here to help people period.
37:04
Speaker 2: It's the Peyton Law Firm.
37:05
Speaker 3: Every Thursday right here on five AD w CHS on
37:08
Speaker 3: ask the lawyer, either Tom or Harvey stop by so
37:11
Speaker 3: you can ask the lawyer questions and hear the commentary.
37:14
Speaker 2: Tune in again next week and again. You can go
37:16
Speaker 2: to w.
37:16
Speaker 3: CHS network dot com for any of our past shows.
37:19
Speaker 3: You can find them over there. Also, our Facebook feed
37:22
Speaker 3: will will give you the link to those shows every day,
37:24
Speaker 3: so you can find it over there if you need
37:26
Speaker 3: to click through and listen to the previous program. Coming
37:29
Speaker 3: up next is gonna be Dave All on five AD
37:30
Speaker 3: five eight Live Follow Buy Dave and TJ. That's Dave
37:33
Speaker 3: Wilson and TJ Meadows on Talk Fine this afternoon. I'll
37:36
Speaker 3: be back this afternoon at three oh six with Dave
37:38
Speaker 3: Weekly on Hotline. Have a great day, everyone listening to
37:41
Speaker 3: the Voice of Charleston. We are five eighty w.
37:43
Speaker 2: C HS.
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