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