Latest / Ask the Lawyer / 07/20/2023 Ask the Lawyer with Tom Peyton

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07/20/2023 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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power of Beason on your side, the power of Babi And it's a twenty
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one and this is five ad WCHS Voice of Charleston. Good Thursday morning to
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you. I'm Jeff Jenkins with Tom Peyton, the Peyton Law Firm in Nitro
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and Tom is here to enter your calls anything about the law and so our
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lines are open and we'd like to hear from you this morning. Three h
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four three four or five fifty eight fifty eight. This number to call.
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Ryan'll put you through three h four three four or five fifty eight fifty eight,
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Tom, good morning, how you doing. Good morning great, Hopefully
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get some calls today. Be good to get some action. Glad to be
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here. Yeah. The place to go this weekend is going to be Nitro,
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right, so not going on down there. Yeah, we got the
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you know, I think they're gonna have the official grand opening of the new
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kind of athletic complex. Yeah, like a community night Friday, Yeah,
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Friday, and it's it's coordinated as part of this uh pickleball tournament, first
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Responders pickleball tournament. So we got in in as a little sponsor here at
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the end. And then I'll started playing little pickleball. So I've got a
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partner if I'm gonna go, go, go try. You're an athletic,
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you're long time indoor soccer player. Yeah, I'm still trying. So um,
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you know, pickleball is something I never wasn't in my h on my
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radar at all, and then um started hearing about it last year and tried
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to play it. It's a it's a good game or sport because it's d
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say. It's a blend between tennis and ping pong basically with bad mitten a
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little bit maybe, yeah, I kind of. I mean, it's a
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slowed down game, so you know, you serve underhanded because if you play
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somebody, if you're a beginner tennis player, for example, when you play
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somebody that's very good at all, you just get killed on the serve because
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it's hard to serve well and it's hard to return a really good serve if
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you're not pretty good or experience. But pickleball is kind of underhanded from the
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beginning. You know, it's a you have to underhand serve. You gotta
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let it bounce on the on the return, so it gets the game going
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without somebody dominating at the beginning. And we've been playing a little bit so
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good. But I think they expected to have maybe one hundred, little over
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one hundred participants and they have two hundred and thirty two players. So and
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then you're right. So Friday, I think that maybe the tournament starts.
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I know, I've got to go play like eight am one Saturday morning,
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but Friday evening, I don't remember what time it starts, maybe five o'clock.
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But I think it's open to the public, open to non participants in
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the pickleball tournament event. And we're having all kinds of things. They're going
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on Friday, just a whole I thought I heard maybe Joe Stevens from patre
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is going to come on or did he was on? Yeah, he was
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on Dave. Yeah. And so the brand new pickaball courts at the new
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Athletic. They think they've got nine pickleball courts, and then they have some
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tennis courts that they redid and those can be converted to pickaball courts because pickleball
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is smaller than the tennis and you can move the net around that kind of
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thing. So yeah, it should be should be interesting. A lot of
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people really getting into pickleball. You don't need the mobility that you do in
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tennise either, so it's something if you it's a good workout. But at
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the same time, it's not like chugging along a mile. Running a mile
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is bashiking or something like that. There's you know, more short movements and
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as opposed to getting really exhausted. And if you play doubles, there's there's
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even one. I mean, you're probably moving in a ten by fifteen area
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and that's it. And now are you at the point where you've got strategy
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or you're just trying to give them across in that. Well, I'd say
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I'm a minimal strategist, so we'll see how it goes. I'm definitely a
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beginner. So they rate folks and it's it's kind of an honor system at
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least unless you've played a lot. So I'm I'm a three point is what
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I put in, which is the lowest level for this one. So right,
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I'm mistered to see folks play that are good, know what they're doing,
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they've been playing for a while and it's just one of those things I'm
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still learning. So yes, I would say I implemented a little strategy,
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but number one, get it over the that and get it in the court.
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So seem like similar rules to tennis, and so you got to keep
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it within the lines and serve cross court and that kind of that's a really
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great number of response. Oh yeah, that's that's uh overwhelming. I mean
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they have all kinds of different categories. I think most people are local.
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There's a I mean it's a it's a good fundraiser for the first responder.
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I think Johnny Rutherford, John and that, and so I don't know what
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the breakdown is for what they get but it's it's a good, good organization
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to support and yeah, two hundred and thirty two team or players is tremendous.
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So and this is the first one they've done. It's actually been open
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for use, I don't know, for a few months or something, but
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I think they're using this as to kind of been big grand opening, get
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people in there to see it. And it's not it's a public facility,
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but I think you pay a small membership fee or something to use the pickleball
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and tennis courts without limitation, is how I understand it. Pay through the
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city and then also a nitro catfish tournament on Saturday. Yeah right, yeah,
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good, Yeah, that'll be. I know they do some pretty there's
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a somebody affiliated with the city maybe that really does a great job of stocking
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that. Yeah, just got stock too, Yeah, so that'll be.
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That'll be good. Yeah, I didn't see that. They they stock it
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pretty regularly with catfish and they do the trout when in the cooler weather.
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But yeah, I haven't been up the road there to ride now for a
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while, but they got really nice paths there. You can do a little
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mountain biking there. I think they still have the dog park, and there's
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a bike park for what I think of as younger kids to use, which
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has little ramps and mobil type things stuff like that. So yeah, lot,
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lot's going on there um. So it'll be really happening Friday. So
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if you have any if you're driving over there and you got some legal questions,
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you can just stop by our office have a chat. If we're in,
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we'll be glad to talk to your into your questions. Yeah, Toms
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with his paytent law firm in Nitro three or four three four five fifty eight
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fifty eight in questions about the law three or four three four five fifty eight
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fifty eight. Time I've been you know, we've been reporting on this um
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and interested in the kind of the process the MVP pipeline right and and and
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so, uh, those in favor of it, they used like a kind
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of I don't know if it's used a lot where they you know, appeal
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straight to a justice. You know that's like emergency relief right pending final appeal
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and so to the Supreme Court. And then they're certain justices are assigned different
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circuits. So Justice Chief Justice Roberts has the fourth circuit right now, So
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back up a little bit. So the this is the pipeline project that's been
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what trying to get completed since for like six years or something like that.
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And so as a part of the uh, what was the recent passage of
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that, Yeah, it had it was a writer in that federal bill,
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the Federal Front, you know, it was that that basically couldn't challenge I
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mean, yeah, so it's a pretty extreme bill that. Yeah, it
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was a it was an ad on and so it basically, and I haven't
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read it verbatim, but as I understand it, it basically tells the regulatory
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agency to approve the pipeline, and then it limits in some manner how how
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that can be reviewed, if at all, by the court system. And
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I've read some articles that seemed to indicate it it basically removed the court system
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from reviewing the the regulatory agency's approval. Then, you know, our our
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congressional delegation has maybe found an amicus brief write a letter or something. I
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think it was probably in brief form to Chief Justice Robertson, and there's some
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indication in that that it's it's not a problem with the separation of powers.
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We're the executive branches, you know, said courts can't review this. They're
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arguing that, well, there's still a review. It's just got to be
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done in the Federal District Court for the District of Columbia. It's like a
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venue or forum selection type provision. But there's still review permitted. And so
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that's the Fourth Circuit. Then, despite the new law. Then you know,
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there had been lawsuits pending already, Wilderness something or other environmental group had
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already fouled it. And say the Fourth Circuit then put a pause on the
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law that Congress just passed. And I think there's probably some separation of issue
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separation of powers issues between the court, Congress, and the executive branch.
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You know, how far can they go and limiting judicial review, I mean,
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and target one particular project like that, so that we'll see how it
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plays out. Certainly i'd see significant if there's if the review by the courts
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is limited too much and you're telling the courts what they can or can't review,
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there's probably going to be real serious separation of power issues there, I
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would think. If it is simply yeah, there's still full review, but
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you got to go to this particular jurisdiction or I guess venue to have it
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address, so you've got to go over there, and then I think there's
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less problem with it and it will probably be okay. So you know,
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four Circuit stayed the pipeline project again based on those issues and others, and
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now the developer has appealed directly to the US Supreme Court trying to get the
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stay removed. I guess penning outcome of the ultimate resolution of the case.
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So we'll see. So basically the balls in Roberts Court, right, yeah,
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and I think there's there's still some briefs I don't believe. So it's
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filed by the developer, which was the defendant in the underlying case. I
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think Justice Roberts is set until next Tuesday for the plaintiffs in the underlying case
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to file their response brief. In the interim, you've had I think uh
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Senator Mansion file to brief, and then now the other three filed something together
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on behalf of West Virginia, and so then we'll have the plaintiffs brief and
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I assume that there's usually a chance for what they call reply, So there's
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initial filing response and then a reply and then they'll be either a hearing or
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probably just a ruling in the next few weeks. I suspect see where it
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goes and and might haven't read the briefs. I don't. I don't really
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know. I mean there's just reading in the media the nature of the of
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that law and some of the language from it. There's some issues there.
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I mean, if there were an issues, four Circuit wouldn't have taken any
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action. But um, we'll see. I would say if I was guessing
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that Chief Justice Roberts will probably leave the stay in place and let it,
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let it play out. Um, but I don't know. You know,
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you just don't know that one for sure. We'll see how it how it
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comes out, right, right, how's that? I mean, there's still
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an underlying Kate. You know a lot of times on these emergency type rulings
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are not you know, the final ruling necessarily or you know, you still
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have to have a right to have your underlying case go through on the full
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appeal, and so you know, keeping the stay in place until that runs
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through the system. I would say it's probably is more likely outcome, but
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interesting to watch and see how it goes. I know it seems like it's
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been in the news for I don't know. I think they did start it
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probably into that. It probably has been about six years. I mean,
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it's close to and it's close to getting done, and it's it's it's very
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close. So yeah, we'll continue to watch that. Three or four fifty
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fifty eight three or four three four five fifty fifty eight lines are open with
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Tom Peyton and the Peyton Law Firm. Any questions about the law. You
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know, you have obviously done tons of work in your career in Putnham County.
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And the news coming yesterday that long time prosecutor Marks for Sayah is leaving
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that position of Putnam. Yeah, going to be a cabinet secretary with the
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governor. Yeah. So that's five terms basically as a prosecutor. Yeah,
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been there. I mean I don't think he's had any no opposition, I
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was listening quite not that I can recall. I remember there was some opposition
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in the early two thousands maybe or something, but didn't get anywhere. I
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mean, Mark's kind of born and raised there, I think in Putnham County,
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and so he's got a lot of connections and he's a he's a of
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course now very experienced. I always thought he was a good I liked him
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as a prosecutor. I liked and I thought it was a good level hud
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person smart, doesn't get too high or too low on on things, and
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with somebody you could always talk to reasonably. Um. So I think he'll
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do who well in the position. He's obviously kind of wanted to do something
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more statewide for some time. I kind of thought he might run for circuit
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judge um in the past, and he didn't throw his hat in that ring.
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But he's he I think he was a kididate for governor at one point,
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maybe Congress. But I'm a couple of things. He's yeah, and
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he's been on the list when there's been vacancies. You know, he's a
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put it in an application for his Spring Western Spring frot of the appeals vacancy
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just didn't happen to get it. It's always kind of wondered why, but
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because I thought he was well qualified. But uh no, good good for
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Mark. I think he'll do a good job. Um. I mean,
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you're going into something there. You've got the agencies under you, include state
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police with their internal investigation, that vacant, the corrects vacy issue. It's
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not gonna be an easy tas ask, probably, But I mean he's you
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know, when you're a prosecutor for gosh, I don't know, five terms,
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yes, and then assistant prosecutor before that, right, So I mean
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you're you're constantly inconsistently dealing with those issues, and you know, dealing with
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law enforcement, which and then um, not necessarily corrections, but I think
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those those overlap somewhat, and of course dealing with the state police too.
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So we'll we'll see what he can do. He's definitely got a tough problem
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with corrections, and I don't we never seem to be getting anywhere materially on
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correcting those those problems. But but yeah, I think Mark will do a
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good job. Congrats to him, because I'm sure he wanted one of the
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job, or he wouldn't wouldn't be getting it. And I think I think
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Governor Justice used the word he was the perfect candidate or something to that effect.
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So I don't know, well qualified, he is well qualified, and
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you know he'll do a good job. I'm confident in that. And you
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won't have any shenanigans and and so then we'll just we'll have a new prosecutor
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for the first time in a really long time. And yeah, and I
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was just thinking, I was just thinking about prosecutors sor Saia. You know,
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he was the you're talking about the I remember talking to him just a
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couple of months ago, and he you're talking about the level headedness. And
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he was the special prosecutor in that just awful case in Huntington about the little
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girl. Yeah, you know, and that was a tough one because you
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know, determined that you know, she and her friends have been drinking you
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know, under yeah, out late and kind of ran ran into the road.
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Yeah, you know, and you know he was given a kind of
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you sorted through. It took his time, and yeah, I mean,
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and he's been secial prosecutor on multiple things over the years, and that's you
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know, he he is level headed like that and he does the right thing.
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And that's the thing about having somebody around long enough and secure enough that
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they can make always make objective decisions, not based upon outside influences or something
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like that. But yeah, that's what that's what you get with Mark Shorse,
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and that's what you want with a government official. I mean, someday
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he's not um influenced by I guess special interests or or outside influences something different
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than what the evidence is. And that's I found him to be reasonable and
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real level headed over over my guess twenty some years of working with him.
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Now he doesn't a lot of his work in Putnam County is I mean,
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I think he's tried some cases here in the last ten years, but not
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a whole lot. And he has a really good staff, right love is
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administrative. Yeah, now, so you don't see him a lot down there
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anymore. But he's got we don't have a lot of turnover in Putnam County
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in the Prosecutor's office, and he's got a good experienced staff that that are
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good to work with in my opinion. And so we'll see who I think
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it's I guess the County Commission will spect mark sorsee is Republicans. I don't
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know if that controls position or not, but we'll see. Probably somebody internally
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will be promoted if fate, if they want the job, and we'll carry
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on for there from there and hopefully they'll carry on. You know, Mark
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swors is reasonableness into the future in Puttnam County. The number to call a
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stereo four three four, five fifty eight fifty eight. Tom Peyton is here,
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are the Peyton Law Firm in Nitroe, like he has every Thursday morning,
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and the lines are open for your calls. Who're going to take her
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one and only break? It's a quick one. We'll be back three or
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four, three four, five fifty eight fifty eight three or four three four
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or five fifty eight fifty eight questions for Tom in a moment on five eight
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WCHS. If you want a lawyer who has no nonsense, hard working and
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equipped with years of successful experience, you want the Peyton Law Firm. Let
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Tom and Harvey put the power of Peyton to work for you. If someone
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has injured you or a family member, contact the Peyton Law Firm before it's
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too late. Stay ahead of the game by calling Peyton Law Firm four seven,
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side, the power of pation eight forty two on five eighths the voice of
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Charleston Jeff Jenkins with Tom Payton of the Payton Law Firm in Nitro, and
20:51
give us a call. Three or four three four five fifty eight fifty eight
20:55
three h four three four five fifty eight fifty eight three or four three three
21:00
four five fifty eight fifty eight. Yeah. One of the things we kind
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of talking about law enforcement area here. Saw this, I was clicking on
21:08
and saw the I guess there was a shooting by the Huntington, Yes,
21:14
Huntington Police Police Department, and maybe occurred a couple of weeks ago, yeah,
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July three, Yeah, it was I guess a nine one one call
21:22
came in of somebody threatening to shoot someone or blow up a house and shoot
21:29
someone if they tried to stop him. Yeah, okay, yeah, so
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then uh policeman arrives and in the city of Huntington. That's a good example
21:41
why it's good to have this have. I think it's a body camp on
21:45
the officer and it's on, and it's on. So the video has been
21:49
released I guess that's what. That's why it's a little bit on top of
21:53
the news feed today is because they released the video maybe yesterday, which is
21:57
uh. And I'm a big advocate of body cams. I don't know why
22:04
any law enforcement agency of now you get small towns, you got a couple
22:11
of officers, traffic patrol and stuff that's probably different. You don't have the
22:15
budget for it. I've heard claims of high expense for bodycams. I'm not
22:21
really sure why they would be that expensive, meaning by GoPro amounted anywhere for
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almost I mean minimal expense. I'm sure you have to have something more complicated
22:30
and storage and things like that for official government law enforcement body cams. But
22:37
it seems like a great investment to me, because like this incident is a
22:41
great because this fella. Then when you watch the video, he's kind of
22:47
laying down or up against the house something officer trying to talk to him.
22:52
He's got his hands in his pockets and won't remove them, says he has
22:56
a gun, and the officers, you know, completely appropriately show me your
23:02
hands. No, I'm not going to do that. I've got a gun.
23:07
Then something the effect of let's let's do this or something like that is
23:11
what that guy says, and officers, no, that's your choice, but
23:12
we're just get your hands out. And then the and the audio and videos
23:18
on the entire time, and then this fellow gets up and charges the officer,
23:25
and to the officer's credit, yeah, I might have taken severe action
23:29
a little sooner if I was a police officer. But the officer's backing up,
23:32
saying stop, stop, stop, stop, stop over and over and
23:34
over again. And then found I mean, he gets to where I'm not
23:37
sure the guy, the fella touched it the officer or not, but he
23:41
was right there. And then finally the officer pulls the trigger and I guess,
23:45
you know, the video I showed saw cut off, but I guess
23:48
it was. Obviously it was a lethal shot because that person ended up passing
23:49
away. Ultimately, he did not have a firearm on him or with him,
23:56
despite the fact he threatened it. But imagine if you didn't have the
23:59
body m Now you got an unarmed person shot by a policeman. I don't
24:07
think utter law enforcement had arrived yet to witness a you know, I don't
24:10
know if there are other witnesses around, so you're gonna have, you know,
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ranked speculation about what happened and and all that is. Uh. I
24:18
mean, some of these bodycams aren't great. They don't necessarily have audio.
24:22
They're not the best footage. This one's really good and amazing amazingly clear audio
24:26
and video. Right, So, I don't you know how you could challenge
24:30
what happened here as far as officer behavior and that kind of thing. It's
24:34
you can't. I mean, I don't see if you just try and con
24:37
treat it. There's and I don't think there's much you could do. I
24:40
guess think about should you shoot somebody to defend yourself as an officer somewhere other
24:44
than a lethal spot. I don't know. That's the only thing I thought,
24:47
But he doesn't. The guy has said he had a firearm, So
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you know, that's that's Monday morning quarterbacking at it's worse. It's try you
24:55
know, I don't think that. So, but you know, I don't
24:59
know what Charleston pad has as far as body cams. I'm not sure about
25:03
state troopers, and I'm not sure about like Putnam County sheriff's deputies. I
25:07
know Cable County does not yeah, and I don't you know what I mean,
25:12
they're they're talking about getting them in the expense, but that's something they're
25:17
moving towards. Yeah, I mean, I don't know what city Charleston does
25:19
though. Yeah. Yeah, so that's I mean. And so you have
25:22
a municipality that has it, Charleston Huntington, but the county can't get.
25:30
But I mean I do some criminal defense work, and you know my position
25:33
is on every case like this where you have an incident with police and a
25:37
charge and there's controversy about what actually happened and it's happening right in front of
25:41
law enforcement, Well why don't you have body cams? Well if your claiming
25:48
as you can't afford it, well let's then we're going to get into a
25:51
whole deal about budget and grants and everything else. Um. Of course,
25:59
as a a skeptic, when you're defending somebody or you know, you're you're
26:04
you're going, well, why wouldn't you want body You know, let's say
26:07
you can afford it, because this claim you can't doesn't hold up. So
26:12
why wouldn't you want bodycams? I mean, do you want to have why
26:17
do you want to have? That? Gray area there where it's he said,
26:21
she said, in these incidents. I mean, it just would save
26:23
everybody so much time if you just had bodycams to pinpoint, it just shows
26:30
you what happened. You just turn it on every time and then that's the
26:33
end of that. Yes, some have dash cams under state. Please send
26:36
dash cams for a long time. Yeah. Dashcams, which in my experience
26:40
in criminal defense cases all well sometimes and they just have all kinds of problems
26:42
with them. They're not on, or they can't get it stared right or
26:47
I mean it's just issues. But I think spending the money for bodycams and
26:52
dash cams or that's money well spent. I mean you can get them from
26:56
the approach to it, from turn them one right when you do a traffic
27:00
stop. Sim you just deleted after it's done. If they're uneventful, put
27:04
it on some cloud storage. I mean, it shouldn't be that obviously.
27:07
I've never looked into that aspect, but this is a great example. Why
27:14
you know you have it. I think that's why they released it too,
27:17
obviously. I mean had it they well, but we know eventually it gets
27:22
released either way. Yeah, because even cases that we've had here somewhat locally,
27:26
certainly in West Virginia. I'm thinking about the one up in the Eastern
27:27
Panhandle. You know, they're going to get released eventually because for Freedom of
27:33
Information I requests will ultimately I think, get to that except him, except
27:40
in Pennsylvania, which how I wanted to bring up here about the Bob Huggins.
27:44
And by the way, Tom's Tom Peyton and Peyton Law firms with us
27:45
again. Lines are open three or four three four five fifty eight fifty eight,
27:49
three or four three four five fifty eight fifty eight. And we talked
27:53
this, you know, we we've talked about the Bob Huggins case. Yeah,
27:56
the criminal case, the DUI case, and there was a bodycam video
28:00
to go with that. So we and I'm sure other news agencies reached down.
28:04
Pennsylvania has certain laws are different in each state, right, So we
28:10
went through Pittsburgh Police first denied it and then they said you there's a there's
28:15
another way. You can go through the District Attorney's office. So we went
28:19
through the District Attorney's office and just got denied this week because it's a pending
28:25
case. No, because they only release video that doesn't that doesn't contribute to
28:32
the criminal activity if you know, well, I think that is probably what
28:37
they say. They basically said the whole video, they said, contributes to
28:41
the criminal activity in this case that they had, so they denied its release.
28:45
Yeah, I don't think that would be a Now what that may be
28:48
linked to. Like in West Virginia, if there's a criminal investigation under way,
28:56
then there's an exemption for for you, so it's doesn't have to be
29:02
turned to. Documents do not have to be turned over, but investigations generally
29:07
can't go on in perpetuity. So I've had cases before I request evidence and
29:12
then they say, well no, even though it's been six months or something,
29:15
no base charge. Well it's still under investigation. So then I'll just
29:18
wait a little while and I send it again a few months. Eventually they're
29:21
going to have to say, well, you know you're going to charge somebody
29:25
or are you gonna you know, this investigation excuse can't go on forever.
29:30
And then usually you end up getting the documents I said. And then if
29:33
there's a pending criminal case going there, you know, discovery and a criminal
29:37
case, what the defendant gets from the prosecution and vice versa is all controlled
29:42
by court rules, and so once it gets an appending criminal case, then
29:51
non participants in that case, the public, the media generally there's an exemption
29:56
for those as well, because that would just be a work around for the
30:00
defendant to get access to things that needs to be controlled through the prosecutor's office
30:06
for example. So maybe one of those two issues in Pennsylvania, and and
30:11
maybe that's what they're saying because it's part of criminal activity that video, then
30:15
I'm not going to release it now. I don't know that that will stand
30:18
up. Like when it sounds like Bob Hopkins is going to get this deferral
30:22
type treatment pre trial diversion type to you, and know that that doesn't mean
30:26
as cases ever because that probably then I'm not familiar with Pennsylvania, but it's
30:30
gonna be some kind of waiting period where he's got to behave probation six months,
30:33
two year. Yeah, And so that that usually the way in which
30:37
those work is if if he were to do something to violate those conditions on
30:45
these deferral programs, usually you go back just do the whole case again,
30:48
like the prosecution still has a chance to just revive the original charge, and
30:52
so they're going to probably use that excuse and refuse to turn over that video
31:00
until they until it's completely completely done, so that might be over a year
31:03
from now or more. And then the news decision of how relevant is it
31:08
right, I really want to write, after it's been adjudicated, that's right,
31:11
right, then it gets stale, and you know, what's news today
31:15
may not be news tomorrow. So you've got that that issue. Although I
31:18
think that one would be interesting, but um, I don't know. I
31:21
mean, it's it's just I mean, we already know what they said,
31:26
so I'm not sure what pretty detailed criminal complaint. Yeah, now, I'll
31:30
tell you where it will be relevant still is if and we've had this has
31:34
been quiet on the front since I was here last Thursday, is if Bob
31:40
Huggins has his Cleveland law or foul some lawsuit about how he didn't resign,
31:45
then what you're talking about, you know, that case will probably still be
31:49
going if they foul out today a year from now, all the way the
31:52
way it works, and so then then then things like the video become more
31:56
relevant. That's another reason he shouldn't be moving forward that I'm hoping that we
32:00
haven't since we haven't heard any nasty Graham's back and forth between the university and
32:07
Huggins lawyer, that maybe this thing will just die down. From his side
32:12
of the equation, I think that's a good inference. I mean it sounds
32:15
like that because it was pretty hot and heavy back and forth there with and
32:21
you commented on the case. You didn't see much of a case there at
32:22
all, and and and I think the quietness of the last few days has
32:30
um hopefully hopefully, but it may not. I mean, the thing is,
32:32
you can only Yeah, writing letters is going to be a waste of
32:37
time at this point, I think, because I don't see any amicable,
32:40
amicable middle ground other than negotiating how his I guess deferred compensation is handled as
32:45
a result of a resignation, but otherwise, I mean, who knows this
32:50
lawyer could be working up a complaint to file. I mean, it doesn't
32:52
he can file it. We never know, we'll see. I mean,
32:57
it certainly hasn't come out and said no, we're gonna What he should do
33:00
is come out and say we're going to drop that contention and just move on.
33:05
We haven't seen that either, So you know, one week or eight
33:09
days of silence doesn't mean it's gone, and I hope it is, but
33:15
we'll we'll see how it plays out. But you know, the video of
33:20
Bob Huggins probably depicting him in an unflattering way, we'll probably go away when
33:28
it's available a year, year and a half from now may not be newsworthy.
33:31
But if you're getting this lawsuit, that's just another example. It's like,
33:34
well, the other thing is do you really want to or or he
33:37
gets another job? Some somebody might well that's true, you know, but
33:40
you know, you think about it. Do you really want to get what
33:43
you're asking for? Because I'm sure there's some calls element in his contracts,
33:46
like all right, well, I mean what benefits does Bob Huggins get?
33:52
I mean, I think they were kind of helping him out there by allowing
33:55
him to resign, because I'm sure he gets benefits under his contract for resignation
34:00
that I don't know this, but you know, generally it's how it works
34:05
that are there greater benefits than if you get fired from your you know,
34:08
your contract terminated, your employment terminated for cause. So I mean saying,
34:14
well, okay, you didn't resign, Well, here we terminate you for
34:16
cause, and here's why X y Z. And you know I don't.
34:20
I'm it's probably gonna be worse off economically if if if you go if you
34:25
go that route, So that's a whole other I mean, you can win
34:29
and lose the cases too. You know you all right, we're right,
34:32
you're right. You know you didn't resign. Now you're fired. I We're
34:37
gonna use this other cause to fire you. It's like, so you think
34:39
we're wrong on that, then follow lawsuit for reach a contract and then we'll
34:43
all see the video and see what happened, and you know, go back
34:47
to the radio show thing from May and it just become a mass man here.
34:54
Yeah, I'm sort of think that all have, you know, until
34:58
we see something definitive, some kind of no save face type letter that but
35:04
says, you know, we don't think it was handled right by WVU,
35:07
but reconsidering this in their position, we're gonna move forward with the resignation.
35:14
I mean that would be nice to have that. What's it danger here is
35:19
any future recognition involvement with WVU if he would continue to push that right,
35:25
I think so too. And and so if you get some kind of I
35:30
mean, if you if you go back and just it was in the heat
35:32
of the moment, you feel like you retreated unfairly, but you go back
35:37
and step back and cool off and take a look at it, then have
35:42
your lawyer right a letter just saying you know, we're gonna we're gonna have
35:46
reconsidered all this and you know, not gonna found any lawsuits or make any
35:52
arguments that I didn't resign any longer. I retract that, and I hope
35:57
the university moves on and I am too, and things go well, then
36:00
it's you know, maybe letters back behind is all that's right. But if
36:06
you start continuing on with this what I think is in my opinion, frivolous
36:10
arguments that just prolonged a mass for him and for the university, then it's
36:17
gonna turn into irreparable. I mean time even time will make it. But
36:22
I mean, Bob Huggins has won a lot of games, done a lot
36:25
of great things for the state and the university, and so this this shouldn't
36:30
be overlooked. But you know, you can't know them accommodating him with the
36:36
current status of their relationship just seems impossible. In the future, you know,
36:40
having him to games and saying right, here's Bob Bruggins sitting on the
36:44
sideline. I mean, does that happen? I guess I can buy a
36:46
ticket and be at the game. It'll be interesting to see how that kind
36:51
of plays out. Okay, Tom, we've got about a minute left.
36:54
Hey, all right, Well did a lot of talking today. Yeah.
36:58
Um. So if you want to get a hold of us though and ask
37:01
a legal question, or you can talk about pickleball, I guess or Bob
37:05
Huggins, that's fine. Till you can give us a call at the office
37:08
three or four seven five five five five five six where you can email us
37:14
through our website and that's Peyton Law Firm dot com pe y t o N.
37:17
That's a good way to get through to us. And if you're in
37:21
Nitro you're driving through, then feel free to stop by. If you're coming
37:24
off the interstate, you're gonna come right by our office. We're on the
37:28
left. They're across from the railroad tracks on the way to the Nitro Athletic
37:32
Complex. And if you have a legal question or an issue, you can
37:37
come stop by. If I'm available, I'll certainly talk to you. If
37:39
not, we have a good experience staff and they can usually answer some basic
37:44
questions about your legal situation. All right, and seven five five fifty five
37:50
fifty six is the number of the Peyton Law Firm in Nitro three or four
37:52
seventy five five five five five six or Peyton Law Firm dot com. All
37:58
right, we'll see you next week. Look forward. Good luck in the
38:00
pickle ball What eight eight o'clock Saturday. That's your match? Yeah, we
38:04
have. It's double elimination. I think there's seven teams in our categories,
38:07
so maybe I'll be coming back with the trophy next week. Okay, I
38:08
doubt it. We'll see Okay, Thanks Tom good seeing it all right?
38:14
Stay two ABC News is up next. We'll have local news and then Dave
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