Latest / Ask the Lawyer / Ask the Lawyer with Tom from the Peyton Law Firm

Transcript

Ask the Lawyer with Tom from the Peyton Law Firm · Ask the Lawyer

• 0:00
  Speaker 1: Unlock your dream property with meex Realty Group, where rich
• 0:03
  Speaker 1: the realtor makes real estate dreams a reality, whether it's
• 0:05
  Speaker 1: residential or commercial. We've got Charleston to Huntington covered. Your
• 0:09
  Speaker 1: key to exceptional real estate experience is start here Meeks
• 0:12
  Speaker 1: Realty Group. Contact us at Meeks dot us.
• 0:15
  Speaker 2: The views and opinions expressed on this program do not
• 0:18
  Speaker 2: necessarily reflect the views and opinions of five eight, wchs
• 0:22
  Speaker 2: it's employees or WVRC Media.
• 0:26
  Speaker 3: Put the power of payping on the side. We have
• 0:30
  Speaker 3: a court room experience of such a need. We never
• 0:34
  Speaker 3: give up.
• 0:36
  Speaker 4: We're prepared to fight for your rights.
• 0:40
  Speaker 3: When you need action, count on us. Put the power
• 0:46
  Speaker 3: of pasion on your side, the power of pay.
• 0:53
  Speaker 5: And if reypos it good morning to you, you can
• 0:55
  Speaker 5: put the power of Payton on your side this morning.
• 0:56
  Speaker 5: Three z are four three four five fifty eight fifty
• 0:58
  Speaker 5: eight three zer a four three four five fifty eight
• 1:00
  Speaker 5: fifty eight. You can text over your questions. The threes
• 1:01
  Speaker 5: are four non three five five zeros You were eight.
• 1:03
  Speaker 5: Threes are four none three five five zeros you eight
• 1:05
  Speaker 5: and studio with me this morning. To put the power
• 1:07
  Speaker 5: Peyton on your side is Tom Peyton from the Payton
• 1:09
  Speaker 5: Off from Tom. Good morning, how you doing this morning?
• 1:10
  Speaker 4: Great? The power is here. It's good to know at
• 1:13
  Speaker 4: least half the power or seventy percent of it. I
• 1:15
  Speaker 4: guess Dad's in. He always voted the most loyal mountaineer
• 1:20
  Speaker 4: in Morgantown there and got an award.
• 1:22
  Speaker 3: Tom went Harvey was.
• 1:23
  Speaker 4: Yeah, ten years ago, I got to go to the
• 1:25
  Speaker 4: field half time. We all went up and it was
• 1:27
  Speaker 4: he was really proud of it. And because he is
• 1:30
  Speaker 4: an extremely loyal mountaineer and that's where he is. This
• 1:32
  Speaker 4: week he's went down to Arizona to watch the Mountaineers
• 1:35
  Speaker 4: play against Arizona Saturday night. So I think if I
• 1:38
  Speaker 4: recall correctly, when we went to the Big twelve, I
• 1:41
  Speaker 4: don't know, ten years ago or something. Actually, for the
• 1:44
  Speaker 4: first two seasons, I think he went to every away
• 1:47
  Speaker 4: game because they alternate year and so he was able
• 1:51
  Speaker 4: to hit like every venue. Wow wow.
• 1:55
  Speaker 5: That is because there's not many West Virginia fans after
• 1:57
  Speaker 5: they moved out of the Big East that's spending.
• 1:58
  Speaker 4: Lavish Texas tech Iowa State aims. He went to all
• 2:02
  Speaker 4: of them, I believe. And so now we've got new members.
• 2:05
  Speaker 4: One of them being Arizona, So I assume he's on
• 2:07
  Speaker 4: the same path. But you got to be a little
• 2:10
  Speaker 4: Mountaineer to head Arizona this season.
• 2:11
  Speaker 2: Yeah.
• 2:12
  Speaker 4: My uh, my pre season prediction I did on the
• 2:14
  Speaker 4: radio is already already gone because I I was quite
• 2:18
  Speaker 4: optimistic at nine and three, and uh, you know, feel
• 2:22
  Speaker 4: bad for the team because it's one of those depths
• 2:24
  Speaker 4: depth and maybe you know, schools that have a little
• 2:28
  Speaker 4: easier job recruiting down south can get more depth in
• 2:33
  Speaker 4: the Mountaineers. But we just had so many injuries. It's
• 2:35
  Speaker 4: just it's hard to be too critical when just injuries
• 2:39
  Speaker 4: all over the place and we're filling the slots, but
• 2:41
  Speaker 4: I'm not sure we're filling them with the same talent
• 2:43
  Speaker 4: we had or anywhere close to it that where the starters.
• 2:46
  Speaker 4: But anyway, that's where Dad is. So I'm here today
• 2:49
  Speaker 4: do my usual live traffic report on before. So here's
• 2:54
  Speaker 4: the report. If you're coming from tays Valley, it takes
• 2:57
  Speaker 4: about thirty minutes on the Interstate sixty four east from
• 3:01
  Speaker 4: the Tay's Valley exit to get just to the Nitro exit.
• 3:05
  Speaker 4: After that, it was smooth sailing on the way in,
• 3:07
  Speaker 4: but be prepared if you're coming from Hurricane area this direction.
• 3:11
  Speaker 4: They've got the left lane closed. They just seem to
• 3:13
  Speaker 4: alternate which lanes they're having closed as they're finishing up
• 3:16
  Speaker 4: this widening project, and so you don't really know till
• 3:20
  Speaker 4: you get up closed. Everybody's kind of in a you
• 3:22
  Speaker 4: don't know which lane to get in and that kind
• 3:23
  Speaker 4: of thing. With the left lanes close up near the
• 3:25
  Speaker 4: Nitro bridge there on the Interstate, so get over the
• 3:28
  Speaker 4: right lane and hopefully it'll keep moving, but it's going
• 3:30
  Speaker 4: to be a pretty significant delay if you're coming from
• 3:32
  Speaker 4: that direction this morning. Hopefully they'll have that finished in
• 3:35
  Speaker 4: the next two weeks. They're doing rolling roadblocks. They were
• 3:39
  Speaker 4: supposed to do with them yesterday with the paint truck broke,
• 3:41
  Speaker 4: so they after all the announcements, they didn't do it.
• 3:44
  Speaker 4: So they're just painting the lines now, which means there's
• 3:47
  Speaker 4: light at the end of the tunnel. But there's rolling roadblocks.
• 3:50
  Speaker 4: They're doing it both ways. It's just a random draw.
• 3:53
  Speaker 4: Whether you hit the wrong time or not. They hold
• 3:55
  Speaker 4: the traffic up maybe I don't know how long, twenty
• 3:57
  Speaker 4: fifteen minutes or something completely to red block and they
• 4:01
  Speaker 4: roll it forward after they put some paint down. I
• 4:04
  Speaker 4: guess then they come and do it the other direction.
• 4:06
  Speaker 4: That'll be going I think between around ten ten thirty
• 4:09
  Speaker 4: this morning until about three thirty this afternoon. So beware
• 4:11
  Speaker 4: if you're traveling to our office, for example, from Charlsty,
• 4:15
  Speaker 4: you might have a little bit of a delay and
• 4:18
  Speaker 4: think about taking an alternate route.
• 4:19
  Speaker 3: It's crazy.
• 4:20
  Speaker 5: I mean, obviously this has to be done and they're
• 4:22
  Speaker 5: doing it the right way. It's just time has to
• 4:25
  Speaker 5: be It has to be done at some point in time,
• 4:26
  Speaker 5: and it's just unfortunate sometimes it creates So.
• 4:29
  Speaker 4: If you look back three years with the little interstate
• 4:31
  Speaker 4: bridge that was there, I mean it was hard. I
• 4:35
  Speaker 4: think they've done a pretty quick job once they got started,
• 4:38
  Speaker 4: based on the bridge work that they had to do.
• 4:40
  Speaker 4: Now it seems like it's kind of like they lost
• 4:43
  Speaker 4: their steam at the end. We're moving a little bit slower,
• 4:45
  Speaker 4: but yeah, it'll be really good. So it'll be three
• 4:47
  Speaker 4: lanes all the way through to Says Valley, both directions,
• 4:51
  Speaker 4: and then the other good thing, which is maybe we'll
• 4:54
  Speaker 4: make up for all the terrible traffic patterns we've had
• 4:56
  Speaker 4: in the last two years from the Saint Almonds entrance.
• 5:00
  Speaker 4: It appears that when you come one this in almost
• 5:02
  Speaker 4: Entrance East, you'll just stay in that lane if you
• 5:04
  Speaker 4: want to get off at Nitro. Oh, I said, only
• 5:06
  Speaker 4: you don't have to merge, which a lot of folks
• 5:09
  Speaker 4: rather than using the sit Alma's Nitro Bridge kind of
• 5:12
  Speaker 4: downtown there off Route sixty come that way and just
• 5:16
  Speaker 4: go over the interested and get right back off at Nitro.
• 5:18
  Speaker 4: So they'll be able to just keep flowing.
• 5:20
  Speaker 5: It's almost like just having a yeah, that will come
• 5:22
  Speaker 5: in very handy. It's nice to see these things done.
• 5:24
  Speaker 5: And I think Harven and I talked about this last
• 5:27
  Speaker 5: time he was in the thing. That's a little bit.
• 5:29
  Speaker 5: This h disheartening as you see the project that project's
• 5:33
  Speaker 5: moved along pretty well. The one in Cross Lanes is
• 5:34
  Speaker 5: a pretty major one. That's to have some widening out there,
• 5:37
  Speaker 5: and that's moved them along at a good pace. And
• 5:39
  Speaker 5: I live in Kanas City and here we are just
• 5:41
  Speaker 5: underneath this thing that has been going on forever.
• 5:43
  Speaker 4: And sure one of my friends runs a jewels jewelry
• 5:48
  Speaker 4: shop there and I've done a little Christmas shop in
• 5:52
  Speaker 4: the last couple of years, and it's just been he's
• 5:54
  Speaker 4: had piles of rebar in his in his parking lot,
• 5:56
  Speaker 4: and you're driving over. You don't know where to park,
• 5:58
  Speaker 4: you don't know where to go. It's confused. Doesn't seem
• 6:01
  Speaker 4: like it should be that complicated of a of a project,
• 6:06
  Speaker 4: but you know, obviously it's there's been some kind of
• 6:08
  Speaker 4: delay and and you know it's just one of those things.
• 6:12
  Speaker 4: We're probably a d H agent or an agent from
• 6:14
  Speaker 4: a contractor approach to them and staid, here we sign
• 6:17
  Speaker 4: off on this little widening. We're going to use what
• 6:19
  Speaker 4: they get temporary easy. You know, d o H generally
• 6:21
  Speaker 4: has no right like anybody else just to come and
• 6:23
  Speaker 4: park their supplies on your proper or anything like that.
• 6:26
  Speaker 4: If it's real temporary, you know, most people just let
• 6:28
  Speaker 4: them do it. But for a longer project, I mean,
• 6:30
  Speaker 4: you're entitled to some compensation for that. And of course,
• 6:34
  Speaker 4: looking back on the Keno City projects and those businesses
• 6:36
  Speaker 4: probably wish they could go back and let me reconsider
• 6:39
  Speaker 4: signing this because it has to have had some impact
• 6:42
  Speaker 4: on business, because you could i mean driving driving along
• 6:45
  Speaker 4: there and you can't get access, or it doesn't appear
• 6:47
  Speaker 4: you can get access, or it's difficult. It'll deter p
• 6:50
  Speaker 4: people though, it just go somewhere else. So you haven't
• 6:52
  Speaker 4: been to Kanol City here recently, so that one hopefully
• 6:56
  Speaker 4: it's getting close to being here.
• 6:57
  Speaker 5: Yeah, it's like a step forward and a half step back.
• 7:00
  Speaker 5: It's like very little progress, and then they get to
• 7:02
  Speaker 5: the next area and it tears things up again.
• 7:04
  Speaker 3: It's just a shame.
• 7:04
  Speaker 5: I owned a small business in Charleston years and year
• 7:07
  Speaker 5: or in Kennass City years and years ago, and without
• 7:10
  Speaker 5: that flow of traffic that's coming in properly up and
• 7:12
  Speaker 5: down with Corkway Avenue. It's a little bit of a
• 7:14
  Speaker 5: little bit of a challenge anyway, because if you're on
• 7:17
  Speaker 5: one side of the street or the other, you have
• 7:18
  Speaker 5: to cross for the other way traffic to get over there.
• 7:20
  Speaker 3: So you need that to be accessible.
• 7:22
  Speaker 5: And when it's not, I mean you're basically shutting yourself
• 7:24
  Speaker 5: down to one lenk one way of traffic. I mean,
• 7:26
  Speaker 5: people aren't going to make the extra stop. They'll just
• 7:28
  Speaker 5: go to the next place.
• 7:29
  Speaker 4: And yeah, Thomas George is what I was referencing. Trying
• 7:31
  Speaker 4: to get it out there, and you can get the
• 7:32
  Speaker 4: back road, but then it's really not there's not really
• 7:36
  Speaker 4: good signage about where you're supposed to turn back to
• 7:38
  Speaker 4: get to the business you want to. It's kind of
• 7:40
  Speaker 4: a crap sheet, but I made it and got some guests,
• 7:43
  Speaker 4: so hopefully I will get resolved.
• 7:45
  Speaker 5: But you're listening to the power of painting and you
• 7:47
  Speaker 5: can put it on your side this morning. Three zerre
• 7:49
  Speaker 5: four three four five fifty eight fifty eight three four
• 7:50
  Speaker 5: five fifty eight fifty eight threes are four nine three
• 7:52
  Speaker 5: five five zero zero eight. If you're having any problems
• 7:54
  Speaker 5: getting through, we appreciate your patients as we're working through radio.
• 7:58
  Speaker 5: All runs in real time, so there's no like pausing
• 8:00
  Speaker 5: to make sure makes well. I think that we have
• 8:04
  Speaker 5: there's like an extra chain in the command and uh
• 8:08
  Speaker 5: and uh. It worked out last night. But if for
• 8:10
  Speaker 5: some reason you're not getting through, you can send in
• 8:12
  Speaker 5: a text message to three zero four nine three five
• 8:14
  Speaker 5: five zero zero eighth. I'll get confirmation. After this show,
• 8:16
  Speaker 5: we'll run more tests and then hopefully, hopefully we can
• 8:19
  Speaker 5: only run test when we have live shows, like to
• 8:21
  Speaker 5: test all the particular tubes behind behind the thing, so
• 8:26
  Speaker 5: hopefully if there is any more problems, we'll get those resolves.
• 8:28
  Speaker 5: So if as a backup, you can text three zero
• 8:30
  Speaker 5: four now three five five zero zero eighth, you can
• 8:32
  Speaker 5: put the power of Payton on your side. This morning,
• 8:34
  Speaker 5: the Peyton Law Firm Payton Law Firm dot com. Tom
• 8:36
  Speaker 5: Payton is here this morning.
• 8:37
  Speaker 4: You had well if you missed, and if you can't
• 8:39
  Speaker 4: get in on the radio, just send us an email,
• 8:42
  Speaker 4: because I'm always glad when I have a chance to
• 8:44
  Speaker 4: give information and response to emails and try and get
• 8:47
  Speaker 4: back the same day. Of course, you can give us
• 8:49
  Speaker 4: a call and that's a it's a good way too
• 8:50
  Speaker 4: at three or four at the office three or four
• 8:53
  Speaker 4: seven five five five five five six. If you just
• 8:56
  Speaker 4: need some basic info and you're sitting around, have a minute,
• 9:00
  Speaker 4: you can just go on our website and pop us
• 9:02
  Speaker 4: an email and that comes to my computer and dad's computer,
• 9:04
  Speaker 4: and we're the we're the actual responders. It's no you don't.
• 9:07
  Speaker 4: You get real responses, not canned responses or and we
• 9:10
  Speaker 4: don't use an answering service at our office. So yeah,
• 9:13
  Speaker 4: we're available twenty four hours a day, like some of
• 9:15
  Speaker 4: these litter law firms that say, but you you know,
• 9:18
  Speaker 4: not necessarily if you can call our office after hours
• 9:20
  Speaker 4: and you can actually press a button to leave a
• 9:21
  Speaker 4: voicemail for me and now with voiceover internet provided phones,
• 9:25
  Speaker 4: it will send a voice file to my email where
• 9:29
  Speaker 4: if I'm awake, IM pay attention to my phone, which
• 9:31
  Speaker 4: I and most of the time uh to my wife's cigarette.
• 9:37
  Speaker 4: We'll respond. If it is a true emergency and you
• 9:39
  Speaker 4: need to get ahold of us after hours, that's no problem.
• 9:41
  Speaker 4: And of course emails can go any time of the day.
• 9:43
  Speaker 4: But you get you know, you don't get an answering service,
• 9:46
  Speaker 4: it's some canned response or intake. You get the actual
• 9:50
  Speaker 4: lawyers getting back with you. So if you've got to
• 9:51
  Speaker 4: really now, sometimes what potential clients think is an emergency
• 9:56
  Speaker 4: isn't necessarily an emergency in my mind. And I can't
• 9:58
  Speaker 4: stop on a Sunday to you know, get back with them.
• 10:00
  Speaker 4: But certainly we're potentially available twenty four hours a day.
• 10:05
  Speaker 4: But I thought we'd talk a little bit. We got
• 10:08
  Speaker 4: the election coming up, of course, and early voting started yesterday,
• 10:12
  Speaker 4: I believe in West Virginia. But you know, I didn't
• 10:14
  Speaker 4: realize until a few weeks ago. It's kind of been
• 10:16
  Speaker 4: under the radar. There's a constitutional amendment on the ballot
• 10:20
  Speaker 4: this election, and it's interesting. So when you go to
• 10:29
  Speaker 4: fill out your ballot, you will see it says ballot
• 10:33
  Speaker 4: on constitutional amendments. There's only one. It's Amendment number one,
• 10:38
  Speaker 4: and it has a title that's given to it by
• 10:40
  Speaker 4: the legislature and when they passed the resolution to put
• 10:43
  Speaker 4: it on the ballot. The title is Protection of Persons
• 10:47
  Speaker 4: against Medically assisted Suicide. Well, it's I don't know how
• 10:53
  Speaker 4: you protect people from that. It seems kind of an
• 10:55
  Speaker 4: odd statement in the first first place. And then it's
• 10:59
  Speaker 4: didn't have to about a summary. It says summary of purpose.
• 11:04
  Speaker 4: The purpose of this amendment is to protect West Virginians
• 11:08
  Speaker 4: against medically assisted suicide. Now, how you protect yourself from yourself?
• 11:13
  Speaker 3: I'm not like it has agency of someone.
• 11:15
  Speaker 4: Well I'm not really sure about that either, but anyway,
• 11:17
  Speaker 4: that's what it. So that's what you read at the beginning.
• 11:21
  Speaker 4: The purpose of this amendment is to protect West Virginians
• 11:23
  Speaker 4: against medically sistans suicide. The title is protection of Persons
• 11:28
  Speaker 4: against medically assisted Suicide. Then the instructions to voters to
• 11:34
  Speaker 4: vote in favor of the amendment submitted, make a selection
• 11:39
  Speaker 4: next to four. To vote against the amendment, make a
• 11:43
  Speaker 4: selection next to against. So when I read that, of
• 11:47
  Speaker 4: course I knew the background of it when I first
• 11:48
  Speaker 4: read what's actually on the ballot, so I kind of
• 11:50
  Speaker 4: cheated a little bit. I was skewed. I thought, well,
• 11:53
  Speaker 4: that's confusing. I don't really know what this is, and
• 11:58
  Speaker 4: I don't really understand what a four or against the
• 12:00
  Speaker 4: vote is because they don't type in the entire They could.
• 12:04
  Speaker 4: I mean, like we have a school bond issue in
• 12:06
  Speaker 4: Puttnam Counny. What takes up a whole page of the battle.
• 12:08
  Speaker 4: I mean they could. The actual amendment to the Western
• 12:12
  Speaker 4: Constitution is a well maybe one big run on sentence,
• 12:16
  Speaker 4: but it's basically a small paragraph. But when when you
• 12:21
  Speaker 4: hear that, I mean, what do you think, as the public, like,
• 12:24
  Speaker 4: what is voting for and what it was voting against? Me?
• 12:27
  Speaker 4: So I took it out to my reception steut Front
• 12:30
  Speaker 4: and handed it to her. She didn't know it was
• 12:31
  Speaker 4: on the ballot either, or maybe she'd heard of it,
• 12:33
  Speaker 4: but no background on it whatsoever. So I just had
• 12:35
  Speaker 4: to read that cold like like I did. And she
• 12:41
  Speaker 4: told me she would vote one way, but what she
• 12:44
  Speaker 4: was doing is voting in the opposite of what she
• 12:45
  Speaker 4: thought she was doing. So it's a very confusing amendment
• 12:50
  Speaker 4: and what it really it's of course, this is a
• 12:55
  Speaker 4: you always look for ulterior motives with the legislature, and
• 12:58
  Speaker 4: I'm not sure this is again one of those let's
• 13:02
  Speaker 4: waste time and money solving a problem. It isn't there.
• 13:04
  Speaker 4: So what this language does in the Constitution is that
• 13:10
  Speaker 4: it basically enshrines in the Constitution the illegality of assisting
• 13:18
  Speaker 4: medical personnel, healthcare providers, doctors, any person from participating in
• 13:25
  Speaker 4: the practice of medically assisted suicide, euthanasia, or mercy killing
• 13:31
  Speaker 4: of a person. And that's not really defined any further
• 13:35
  Speaker 4: than that, So it would make that illegal in essence.
• 13:39
  Speaker 4: So if you want to make that illegal via the
• 13:44
  Speaker 4: Constitution meeting, once it's in the constitution, you know, legislature
• 13:48
  Speaker 4: can't just change the law like West Virginia Code, You've
• 13:51
  Speaker 4: got to go back and repeal it. I assume the
• 13:53
  Speaker 4: same way you do in which you would add an
• 13:56
  Speaker 4: amendment to the Constitution with a vote. So if you
• 14:03
  Speaker 4: want the West Virginia Constitution to ban, probably forever or
• 14:08
  Speaker 4: for the foreseeable future, the ability of a physician to
• 14:14
  Speaker 4: provide medically assisted suicide, euthanasia, or mercy killing of a person,
• 14:19
  Speaker 4: then you vote, and you need to vote four on
• 14:21
  Speaker 4: this one, otherwise you want to vote against it. Now,
• 14:25
  Speaker 4: it doesn't change anything, which is why I said it's
• 14:27
  Speaker 4: a complete and utter waste of time, because it's already
• 14:30
  Speaker 4: depending on the circumstance. We're not one of the estates,
• 14:34
  Speaker 4: one of the I think there's eight or nine states
• 14:36
  Speaker 4: that have basically authorized this, and I haven't read those laws,
• 14:39
  Speaker 4: and there's regulations. You got to be in a real
• 14:42
  Speaker 4: terminal condition and meet certain requirements. If you're older. You
• 14:45
  Speaker 4: remember doctor Kavorkian, which was you know, that was just
• 14:48
  Speaker 4: kind of outlaw behavior because I don't think it was
• 14:50
  Speaker 4: sanctioned in any state when he was out traveling around
• 14:53
  Speaker 4: doing this. But we don't permit it anyway Virginia. It's
• 15:01
  Speaker 4: a homicide if it's done. You know, if you killed
• 15:04
  Speaker 4: contribute intentionally to the killing of another person, it's homicide.
• 15:09
  Speaker 4: And now that when I say homicide, that means it
• 15:11
  Speaker 4: doesn't mean it's first degree murder necessarily or second it
• 15:13
  Speaker 4: could be manslaughter, for example, but it's it's already illegal
• 15:18
  Speaker 4: in West Virginia. So I don't know why we're messing
• 15:20
  Speaker 4: with this amendment in the first place. Now, the when
• 15:28
  Speaker 4: you read it, of course, my thought was well then,
• 15:33
  Speaker 4: and so I read what it bars. The amendment continues on,
• 15:37
  Speaker 4: saying nothing in this section prohibits the administration or prescription
• 15:41
  Speaker 4: of medication for the purpose of alleviating pain or discomfort
• 15:45
  Speaker 4: while the patient condition, while the patient's condition follows its
• 15:49
  Speaker 4: natural course.
• 15:50
  Speaker 5: So permissing hospice care, which is sometimes a form.
• 15:53
  Speaker 4: Of uh right, I mean, unfortunately, I've dealt with this
• 15:56
  Speaker 4: with family members. And you know, when folks get so
• 16:00
  Speaker 4: bad and have no quality life, and they've got a
• 16:02
  Speaker 4: terminal condition, and you know it certainly to keep comfort
• 16:06
  Speaker 4: a high level of morphine will bring death on sooner.
• 16:10
  Speaker 4: But it you know, where does that line get crossed?
• 16:13
  Speaker 4: I think we're getting this. I don't know sure why
• 16:16
  Speaker 4: this is going in a constitutional amendment because it just
• 16:18
  Speaker 4: has so many ray areas and it's so fact based.
• 16:24
  Speaker 5: When you include a term like euthanasia, euthanasian and suicide
• 16:27
  Speaker 5: are two different things, and without defining what euthanasia means,
• 16:31
  Speaker 5: you could you could fit a lot of things underneath
• 16:34
  Speaker 5: underneath the euthanasia. I was curious that, like, if you remember,
• 16:38
  Speaker 5: several years ago, there was a case in the UK
• 16:41
  Speaker 5: where there was a baby that was determined before it
• 16:44
  Speaker 5: was born to be basically without a brain. I forget
• 16:47
  Speaker 5: what the condition was, but it was a very rare
• 16:49
  Speaker 5: disease where the baby was born without a working brain.
• 16:52
  Speaker 5: The body would function, but there was no brain. There
• 16:54
  Speaker 5: was no chance of life beyond anything. And in fact,
• 16:58
  Speaker 5: most doctors said that whatever the baby could feel it
• 17:01
  Speaker 5: was pain, like it just was living in pain. And
• 17:04
  Speaker 5: there was a big legal battle between the parents and
• 17:06
  Speaker 5: the doctors, and the parents wanted to carry it. The
• 17:08
  Speaker 5: doctors are like, this is just torture, basically, and it
• 17:10
  Speaker 5: turned into a huge, a huge thing. What I'm wondering
• 17:13
  Speaker 5: is if that was reversed where the parents were like,
• 17:16
  Speaker 5: you know, my wife is in is in peril. This
• 17:19
  Speaker 5: baby cannot live anyway because it's going to be born
• 17:21
  Speaker 5: without a brain. This is something that we don't want
• 17:23
  Speaker 5: to carry to term because of the risk to my wife.
• 17:26
  Speaker 5: Is this something that could be then well that's euthanasia,
• 17:28
  Speaker 5: that's and that's constitutionally illegal, right.
• 17:30
  Speaker 4: That's right, And that's you know, then there's another kyliat
• 17:34
  Speaker 4: in the actual amendment language that says, nor does anything
• 17:37
  Speaker 4: in this section prohibit the withdrawing or withholding of life
• 17:41
  Speaker 4: sustaining treatment as requested by the patient or the patient's
• 17:44
  Speaker 4: decision maker in accordance with state laws. So they're referencing
• 17:48
  Speaker 4: back to advanced directives or living will language. Like my clients,
• 17:52
  Speaker 4: we combine that in a medical power attorney because pretty
• 17:54
  Speaker 4: much universally all my clients want that in there, and
• 17:57
  Speaker 4: my clients generally want to have a choice if they
• 17:59
  Speaker 4: get in a terminal consistent pain situation. And I think
• 18:04
  Speaker 4: growing up here in Westvinion, West Virginians, you know, would
• 18:06
  Speaker 4: want to have that choice ultimately if it's in the
• 18:09
  Speaker 4: right parameters. Now it's illegal right now, but you just
• 18:12
  Speaker 4: won't be able to go back and if things advance
• 18:15
  Speaker 4: and you won't be able to do anything with it.
• 18:17
  Speaker 4: From the legislative standpoint, if this passes absent repealing the
• 18:22
  Speaker 4: modifying the constitution. Again the interesting thing then at the
• 18:25
  Speaker 4: very end, there's a sentence that's in the actual amendment
• 18:29
  Speaker 4: says further, nothing in this section prevents the state from
• 18:33
  Speaker 4: providing capital punishment, which was banned in the state in
• 18:35
  Speaker 4: like the sixties. I have no idea why that was
• 18:38
  Speaker 4: done in there. Obviously, position assisted easthanasia or suicide is
• 18:46
  Speaker 4: at the request of the patient, at least by implications.
• 18:49
  Speaker 4: So capital punishment has absolutely nothing to do with this,
• 18:53
  Speaker 4: because presumably most folks that are on death row or
• 18:57
  Speaker 4: are not there voluntarily. I don't know if they wanted
• 19:01
  Speaker 4: folks that want capital punishment to read this in the
• 19:04
  Speaker 4: amendment and then push for it to be passed. I
• 19:09
  Speaker 4: will vote against this, and I would encourage others to
• 19:13
  Speaker 4: vote against it because it's unnecessary, and it's already illegal,
• 19:18
  Speaker 4: and it prevents us from perhaps modifying our law if
• 19:23
  Speaker 4: we want to in the future. From a legislative standpoint
• 19:26
  Speaker 4: in West Virginia code, and I think from what I
• 19:30
  Speaker 4: see from most of my clients because I deal a
• 19:31
  Speaker 4: little bit with this, is that is the right to
• 19:35
  Speaker 4: have a choice when you get into these particular situations.
• 19:38
  Speaker 4: I'm not saying, you know, I don't want to live anymore.
• 19:40
  Speaker 4: I've got depression and just having a doctor assists suicide.
• 19:44
  Speaker 4: That's not what I'm talking about. But there potentially could
• 19:46
  Speaker 4: be a law in the future that if you meet
• 19:48
  Speaker 4: certain parameters, you have that choice, and it would have
• 19:51
  Speaker 4: to be a limited set of parameters. But now you
• 19:53
  Speaker 4: can't pass that if this amendment passes, you can't get
• 19:55
  Speaker 4: into that. From the legislative legislator standpoint, unless you go
• 20:00
  Speaker 4: and redo the constitution again, So I would, but you
• 20:03
  Speaker 4: want to vote if you don't want this to be
• 20:05
  Speaker 4: in the constitution and you don't want banned absolutely, then
• 20:09
  Speaker 4: you want to vote against this, not for this, And
• 20:12
  Speaker 4: so that's you know, when I was asking my staff
• 20:15
  Speaker 4: member how she would vote, she told me what her
• 20:18
  Speaker 4: intent was, but when she said how she would market
• 20:20
  Speaker 4: on the ballot, it was the opposite of what she
• 20:23
  Speaker 4: wanted to vote. She wanted her vote to indicate. So
• 20:28
  Speaker 4: just be careful if you on this ballot and vote
• 20:32
  Speaker 4: against if you don't want this to be banned from
• 20:35
  Speaker 4: a constitutional level. And it's just more of a nothing. Actually,
• 20:40
  Speaker 4: when I first read it and heard about it, it
• 20:43
  Speaker 4: might still be. I thought, this is some hardline, really
• 20:48
  Speaker 4: far right faction that's pro life is going to use
• 20:53
  Speaker 4: that they want to get this pass and then try
• 20:55
  Speaker 4: and spin it into kind of the situation you were
• 20:57
  Speaker 4: talking about with the unborn child, and then fit that,
• 21:01
  Speaker 4: you know, maybe an abortion at some point into this paradigm.
• 21:05
  Speaker 5: Taking bad faith actors using fag legging, which to define
• 21:07
  Speaker 5: whatever they want.
• 21:08
  Speaker 4: Right, like you know, doctor medically assisted euthanasia or mercy
• 21:12
  Speaker 4: killing of a person and you know, can that be
• 21:15
  Speaker 4: spun into that other arena. I don't know, that would
• 21:19
  Speaker 4: be backdoor conversations. And I guess if you go back
• 21:22
  Speaker 4: and look and see what motivated this in the first place.
• 21:27
  Speaker 4: But it's it's just not it's a complete waste of
• 21:29
  Speaker 4: time in my opinion, and just should be voted against.
• 21:33
  Speaker 4: And we'll see how it comes out though, because we'll
• 21:35
  Speaker 4: know in the next couple of weeks.
• 21:36
  Speaker 5: It'd be kind of interesting to see. That's Tom Peyton
• 21:38
  Speaker 5: from the Payton Law Firm. Let me get the information
• 21:40
  Speaker 5: out to you one more time. Peyton Lawfirm dot com,
• 21:42
  Speaker 5: Peyton Law Firm dot com, p y t O in
• 21:44
  Speaker 5: Peyton Law Firm dot com. You can always email from
• 21:46
  Speaker 5: that page as well if you want to get a
• 21:47
  Speaker 5: hold and Tom. They'll return your phone calls. The phone
• 21:49
  Speaker 5: number tho threes are A four seven, five, five, fifty five,
• 21:51
  Speaker 5: fifty six three zero four seven, five, five fifty five
• 21:54
  Speaker 5: to fifty six to twenty eighth one, First Avenue in Nitro,
• 21:57
  Speaker 5: West Virginia. And Tom, we'll see you back.
• 21:59
  Speaker 3: Here next week.
• 22:00
  Speaker 4: I enjoyed it. Look forward to sounds.
• 22:01
  Speaker 3: Great pumpainting from the paint in the law froom. Have
• 22:03
  Speaker 3: a great day. Everyone. Listening to five d wchs, the
• 22:05
  Speaker 3: Voice of Charleston