Recorded 5-19-20 via Webex. Issues include: medical marijuana use during probation; hidden camera footage admissibility under wiretap act; billboard inclusion in assessed real estate value; divorce settlement pension payments after deaths; and hospital shooting incident liability.
00:05 - WE DO WELCOME EVERYONE TO A
00:08 - SESSION OF THE SUPREME COURT.
00:10 - IN LIGHT OF THE CURRENT PUBLIC
00:12 - HEALTH SITUATION WHO ARE
00:14 - CONDUCTING THIS SESSION,
00:16 - REMOTELY.
00:18 - THE COURT FOUND IT BEST PROCEED
00:20 - IN THIS MATTER.
00:22 - RATHER THAN CANCELING OR
00:23 - POSTPONING THE SESSION.
00:26 - BECAUSE IT IS VITAL THAT COURTS
00:27 - CONTINUE TO FUNCTION. EVEN IN
00:30 - THE MOST DIFFICULT. I'M.
00:33 - TRADITIONALLY ARE COURT DOES
00:35 - NOT IMPOSE TIME LIMITS ON
00:36 - COUNCIL.
00:38 - BUT DUE TO THE UNIQUE
00:40 - CIRCUMSTANCE.
00:42 - WE HAVE DEVELOPED A SPECIAL
00:43 - PROTOCOL WHICH HAS BEEN
00:45 - FORWARDED TO ALL COUNCIL WHO
00:47 - WILL BE PRESENTING TARGET.
00:50 - COUNCIL FOR A TALENT AND KELLY.
00:54 - WE EACH HAVE A MAXIMUM OF
00:55 - 20 MINUTES. WITH THE FIRST 3
00:58 - MINUTES RESERVED, WE'RE IN
00:59 - OPENING STATEMENT.
01:02 - YOU MANAGE THOSE REMARKS.
01:05 - WE WOULD ASK COUNCIL TO KEEP AN
01:07 - EYE ON THEIR WATCHES.
01:09 - BUT I WORKED IN THAT COMMUNITY
01:11 - MARK AND ASKED THEM TO PROPERLY
01:14 - HAVE CONCLUDED.
01:16 - THIS ISSUE OF QUESTIONS, WE'LL
01:19 - POSE THEM IN THEIR PRE SAID
01:20 - ORDER.
01:22 - SO THE ACTUAL MIGHT FOCUS
01:23 - THEIR ATTENTION IS ASKING THE
01:27 - QUESTION.
01:29 - BY MIA, AS YOU COSTUME. I WILL
01:32 - RESTATE THE CASE IN ORDER TO
01:34 - FRAME THE ISSUE BEFORE OR.
01:38 - MISTER MANNER WOULD YOU PLEASE
01:40 - CALL THE CAGE.
01:43 - DO YOU GET LESS.
01:49 - >>IS THERE OR
01:50 - A MISS. PRESENT WAS ON IT IS
01:53 - JUST WRONG.
01:57 - >>EVEN THE
01:58 - MORNING AGAIN. AT THE COURT
02:00 - HAS A EXERCISE AN EXTRAORDINARY
02:03 - FORMER JURISDICTION. WOULD YOU
02:05 - CONSIDER A CHALLENGE TO
02:07 - A POLICY PROHIBITING THE USE OF
02:10 - MEDICAL MARIJUANA BY
02:12 - INDIVIDUALS. UNDER THE
02:14 - SUPERVISION OF THE LEBANON
02:15 - COUNTY PROBATION SERVICE.
02:18 - >>YOU.
02:25 - >>GOOD MORNING TO YOU JUST AS
02:26 - MEMBERS OF THE COURT.
02:29 - JUST WANNA MAKE SURE EVERYONE
02:30 - CAN HEAR ME BEFORE IT BEGAN BY
02:32 - THANK YOU. MAY IT PLEASE
02:35 - THE COURT. THERE IS A PIECE OF
02:37 - THE PENNSYLVANIA WHERE THE
02:39 - PETITIONERS WHAT THE GAP
02:41 - ACTUALLY BANNED IT AND YOU
02:42 - COOK.
02:45 - THEY COME FROM AND SAYS THAT A
02:47 - TORY SKI. THAT'S PART OF THE
02:49 - QUALIFICATIONS TO USE MEDICAL
02:51 - MARIJUANA.
02:52 - AND GRANTS FOR A PROTECTION TO
02:55 - ENGAGE IN LAW WORKING.
02:57 - IT CONTAINS NO EXCLUSIONS BASED
02:59 - ON CRIMINAL HISTORY OR LESIONS
03:01 - THAT.
03:04 - PATIENT WITH ME
03:05 - JUST 3 CRITERIA BE A RESIDENT
03:07 - OF WHO SUFFERS FROM A SERIOUS
03:09 - MEDICAL CONDITION AND HAS
03:11 - RECEIVED A CERTIFICATION FROM A
03:13 - STATE REGISTER FISH.
03:15 - YEAH, NOT ONLY
03:16 - ALLOW INDIVIDUAL TO MEET
03:18 - REQUIREMENTS AND TAKE MEDICAL
03:20 - MARIJUANA CARD. A LOT WE USE
03:22 - MEDICAL MARIJUANA. BUT IT ALSO
03:24 - BRINGS IN THE SWEEPING
03:25 - IMMUNITY. IT CANNOT BE SUBJECT
03:28 - TO ARREST PROSECUTION OR
03:31 - PENALTY IN ANY MANNER OR DENY
03:33 - ANY RIGHT OR PRIVILEGE. ONLY
03:36 - FOR LAWFUL USING MEDICAL WATCH.
03:39 - THEN YOU CAN SAID THE GENERAL
03:40 - ASSEMBLY STATED INTEREST AND
03:42 - PROVIDING A PROGRAM OF ACCESS.
03:45 - THE MEDICAL MARIJUANA.
03:47 - WHILE BACK IN THE NEED TO
03:48 - PROMOTE THE ACCESS TO LEAD US
03:50 - TREATMENT TO PATIENTS 80.
03:54 - EACH OF THE ISSUES IN THIS
03:55 - CASE IS A MEDICAL MARIJUANA
03:57 - PATIENT WHO SUFFERS FROM A
03:58 - SERIOUS MEDICAL CONDITION.
04:02 - EXPERIENCED AND CHILL REALLY
04:04 - FROM THEIR SEPARATE. USE OF
04:07 - MEDICAL MARIJUANA.
04:08 - THE PASSAGE OF THE MEDICAL
04:09 - MARIJUANA
04:11 - 2016. ALLOWED THE PETITIONS
04:13 - AWFULLY ACCIDENT MEDICAL
04:15 - TREATMENT THAT COULD MEAN FOR
04:16 - THEIR LIVES.
04:18 - HEAR THAT LEAD TO THE
04:19 - LEGISLATORS HAD IN MIND WHEN
04:21 - THE HAT YET.
04:25 - 2019 THE SECOND JUDICIAL
04:27 - DISTRICT ADOPTED AT ALL.
04:29 - HITTING THE PETITIONERS FROM
04:30 - USING MEDICAL MARIJUANA SIMPLY
04:32 - BECAUSE THEY'RE ON PROBATION.
04:35 - THE POLICY APPLIES
04:36 - TO EVERYONE UNDER THE
04:38 - SUPERVISION OF THE LEBANON
04:39 - COUNTY PROBATION SERVICES
04:40 - DEPARTMENT AND PROHIBIT THEM
04:42 - FROM USING MEDICAL MARIJUANA
04:43 - EVEN IF THEY HAVE IN MEDICAL
04:45 - MARIJUANA CARD FROM THE STATES.
04:47 - YOU SHOULD JUST ACCEPT A PLEA
04:49 - AT AN EXCEPTION.
04:51 - THE POLICY THAT ALLOWS PATIENTS
04:52 - TO PETITION.
04:53 - THE COURT TO ESTABLISH THAT
04:55 - THEY'RE USING THE MARIJUANA
04:56 - DEBATE
04:56 - MEDICAL NECESSITY. THIS
04:58 - EXTENSION DOES NOT HERE IN THE
05:01 - NEXT CLIP. THE TEAM, HOW ABOUT
05:03 - YOUR OWN TO ME.
05:05 - FIRST INSERT
05:07 - A REQUIREMENT OF MEDICAL IS
05:08 - THAT SCIENCE AND NOWHERE IN THE
05:10 - ACT AND SECOND
05:12 - STRIPS MEDICAL MARIJUANA
05:13 - PATIENTS THERE YEAH, ITS
05:15 - SUBJECT IN THAT COUNTY. A BOMB.
05:22 - THE SECOND
05:22 - JUDICIAL DISTRICT OR BECOME
05:24 - FIRST A RESERVOIR DISCRETION ON
05:26 - LEBANON COUNTY WERE COMPLETE.
05:28 - THE SECOND PENN AND KIND OF USE
05:30 - THAT.
05:32 - AND PENALIZES THE
05:34 - BALLOT BOWL THAT I PLAY AND I
05:37 - THINK HE WAS IN WHICH THE
05:38 - MEDICAL CARE.
05:41 - >>THANK YOU. YEAH, WELL FIRST I
05:44 - TURNED IT JUST IS FAIR AND STOP
05:47 - MIGHT HAVE A QUESTION.
05:50 - THANK YOU CHIEF
05:53 - MY PRINCIPLE QUESTIONS I THINK
05:54 - FOR THE OTHER SIDE BUT SINCE I
05:55 - HAVE THIS OPPORTUNITY.
05:59 - ALL OF THE
06:00 - SWEEPING RIGHTS GRANTED THE
06:01 - CITIZEN ARE DIMINISHED.
06:03 - 4 SOMEONE INCARCERATED YOUR IN
06:06 - THIS SITUATION.
06:08 - >>AND BE
06:09 - ON PROBATION. THERE'S NO
06:11 - QUESTION THE PROBATION CONSENT
06:13 - CONDITIONS OF PROBATION.
06:14 - YOU AGREE WITH THAT.
06:17 - >>YES YOUR HONOR
06:19 - PROBATION CONDITIONS THAT MEET
06:21 - THEIR ARMS AND THEN TO GO.
06:23 - >>SO ASSUMING ARGUE FOR
06:25 - A SECOND. THAT THE OTHER SIDE
06:27 - AND WE DON'T HAVE REBUTTAL
06:28 - CAN SHOEHORN WHAT'S OCCURRING
06:31 - HERE IN ONE OF THE 13
06:32 - CONDITIONS OF PROBATION OR THE
06:34 - NATIONAL CONDITIONS OF
06:36 - PROBATION AND THEY DO IT.
06:39 - >>NO YOUR HONOR AND THIS IS
06:40 - WHY. GET
06:42 - MEDICAL MARIJUANA GRANTING THAT
06:44 - SWEEPING IMMUNITY MEDICAL
06:46 - MARIJUANA PATIENTS TAKES A
06:48 - DECISION ABOUT WHETHER THE USE
06:50 - OF MARIJUANA.
06:53 - >>THE CONTROL OF TIMES IN COURT
06:55 - WHICH ARE CONSTRAINED BY SENSE
06:56 - A COAT.
06:58 - AND OF COURSE IS BECAUSE THE
06:59 - PEEL STATUTE MILES EAST OR EVEN
07:01 - STRICTER. SO YOU'RE.
07:03 - >>I'M SORRY GO AHEAD AND
07:04 - FINISH.
07:05 - >>AND THEREFORE.
07:08 - YOU HAVE TO READ THIS AND THINK
07:09 - OH AND THE MET MEDICAL
07:10 - MARIJUANA TOGETHER AND WHEN YOU
07:12 - READ THEM TOGETHER.
07:14 - >>YOU.
07:15 - >>AND THAT ANY THE ANY
07:16 - PERMISSION FROM THE NATION THAT
07:18 - FALL UNDER THE CATCH-ALL
07:18 - PROVISION, HAPPY RECENTLY
07:20 - RELATED TO THE REHABILITATION
07:21 - OF THE DEFENDANT AND THEY CAN'T
07:23 - BUY LIKE OTHER LAWS BECOME
07:25 - WILL. THE GENERAL ASSEMBLY
07:26 - ADOPTED
07:27 - AND HERE ANY CONDITION THAT WE
07:30 - DON'T HAVE THE SCENT
07:31 - IMPORTANT INSIDE WHO USE
07:33 - MEDICAL MARIJUANA WHICH LEFT
07:34 - AND MUCH OF OUR DNA AND TED
07:37 - WHITE PEOPLE DO YOU HAVE A
07:39 - MARIJUANA PROVISION CONDITION
07:41 - BY MEDICAL MARIJUANA AND NOW
07:43 - MAKING MISSION.
07:44 - >>SO YOU'RE RIGHT I DIDN'T MEAN
07:46 - TO INTERRUPT YOU BEFORE YOU'RE
07:47 - ALMOST ARGUING A
07:48 - CONFLICT PREEMPTION EXPRESS
07:51 - PREEMPTIONS THAT FAIR.
07:53 - >>I THINK IT'S A SIMILAR IDEA.
07:56 - I THINK IF YOU LOOK AT FOR
07:58 - EXAMPLE THIS COURT'S DECISION
08:00 - IN CONGO PERCENT.
08:01 - WELL, THEN WHERE THERE WAS A
08:03 - STATUTE THAT
08:06 - THE SEARCHES THAT COULD BE
08:07 - CARRIED OUT BY THE NATION
08:09 - OFFICERS IS CURRENTLY HELD AT
08:17 - >>A NURSE, CONSTRAINING THE
08:19 - TRIAL COURT'S ABILITY TO HOST A
08:21 - PROBATION CONDITION. WELL OUT
08:23 - TO BE WORTHLESS IF SHE WANTS I
08:26 - THINK THE SAME IS TRUE WITH
08:27 - RESPECT
08:28 - >>AND THANK YOU CHIEF JUSTICE.
08:31 - JUSTICE TIME.
08:33 - >>THANK YOU
08:34 - CHIEF JUSTICE, TURNING ROSE
08:36 - WOULD YOU DISTINGUISH BETWEEN
08:39 - THIS SITUATION INVOLVING.
08:41 - >>MEDICAL MARIJUANA AND
08:43 - INDIVIDUALS WHO MAYBE
08:45 - AN HOUR AND WHILST COURTS OR
08:49 - DUI COURTS ARE NOT WORDS WITH
08:52 - THE USE OF ALCOHOL BECAUSE AS
08:54 - YOU KNOW MANY OF THESE ARE
08:56 - TOOLS. DRINKING IS CERTAINLY
08:59 - LEGAL.
09:01 - MANY OF THESE INDIVIDUALS ARE
09:02 - NOT PERMITTED TO DRINK WHILE
09:04 - THEY'RE UNDERAGE AUSPICES OUT
09:06 - THE DRONE OR NOT MUELLER
09:08 - ACTUALLY.
09:11 - >>ABSOLUTELY WHAT
09:14 - >>A MARIJUANA. WE DO NOT.
09:17 - THE STATUE TO GRANT A SWEEPING
09:18 - COMMUNITY PEOPLE USE ALCOHOL.
09:20 - WE DO FOR
09:21 - MEDICAL MARIJUANA. YES FOR AN
09:23 - IMPORTANT REASON WHICH IS THAT
09:25 - IN A LITTLE SOMETHING TO EARN A
09:27 - MEDICAL MARIJUANA THE
09:30 - CONTROLLED
09:30 - SUBSTANCES ACT TO ENSURE THAT
09:32 - PEOPLE HAVE ACCESS TO OF COURSE
09:34 - IT WOULD NO
09:37 - AND HE IS NECESSARY TO ENSURE
09:39 - THAT PEOPLE ARE ABLE TO MEDICAL
09:41 - TREATMENT HAS BEEN RECOGNIZED
09:43 - BY THE
09:43 - FAMILY BY. EXPERTS IN THE FIELD
09:47 - HAS BEEN BRINGING PEOPLE WITH
09:50 - CERTAIN MEDICAL CONDITIONS
09:51 - AND SO I'M VERY DIFFERENT FROM
09:54 - ALCOHOL USE THEM, BUT IT'S BEEN
09:55 - PROTECTED BY STATUTE IN ITALY.
09:59 - AND IT IS A MEDICAL TREATMENT
10:01 - THAT IS RECOMMENDED BY A DOCTOR
10:03 - AND IT'S PART OF THE PROGRAM
10:05 - THAT IS AGAIN TO SWEEPING AND
10:08 - STRENGTH AND EXHAUSTIVE
10:09 - REGULATION BY THE STATE.
10:11 - >>WOULD YOU AGREE THOUGH MISS
10:13 - ROSE STAT IF AN INDIVIDUAL IS
10:15 - PERMITTED TO
10:16 - USE MARIJUANA AT MEDICAL
10:18 - MARIJUANA WHILE ON PROBATION OR
10:20 - KARNAL SUBJECT TO THE
10:22 - RESTRICTIONS OF THE
10:23 - DRUG COURT THAT THEY STILL MUST
10:26 - COMPLY WITH OTHER
10:28 - RESTRICTIONS SUCH AS THEY CAN'T
10:30 - DRIVE ALL THERE UNDER THE
10:31 - INFLUENCE OF IT AND THE LIKE.
10:34 - YES,
10:34 - YOUR HONOR.
10:36 - >>CERTAINLY WITHIN THEIR
10:37 - DISCRETION TO REQUIRE THE END
10:39 - OF OPERATION COMPLY WITH THE
10:41 - MEDICAL MARIJUANA ACT YOU CAN
10:43 - REQUIRE THAT THEY
10:44 - YOU KNOW HAPPENED PRODUCE A CAR
10:46 - THAT YOU CAN SEE SOME GREAT HE
10:48 - SAID THERE'S LOTS OF THING THE
10:49 - TRAVERSE YOU CAN CAN DO TO
10:51 - ENSURE AN INDIVIDUAL IS
10:52 - COMPLYING. WE NEED TO ACT BUT
10:54 - TRUMP NOT
10:55 - TO IT PROHIBIT INDIVIDUALS FROM
10:58 - DOING SOME LEGISLATION THAT WE
10:59 - LOVE TO DO AND I HAD TO
11:01 - DO BUT GRANTED AND HE'S BROUGHT
11:04 - PROTECTIONS TO ENSURE THAT
11:05 - THEIR ACCESS. THIS MEDICAL
11:07 - TREATMENT.
11:10 - >>I DONAHUE.
11:13 - >>GOOD MORNING TO YOU THANK YOU
11:15 - COUNCIL,
11:16 - RIGHT DOWN SO I KNEW I'D
11:18 - LIKE YOU TO FOCUS ON THE
11:20 - LEGISLATURE'S YOU SAID THE
11:22 - PHRASE
11:23 - ON SOLI FOR THE USE OF
11:26 - MEDICAL MARIJUANA. I'M AND IF
11:30 - HE CAN
11:30 - I NOT EXPLAIN TO ME YOUR VIEW
11:34 - OF THAT PHRASE IN THE CONTEXT
11:36 - AND TAKE FOR
11:37 - EXAMPLE, A IN A RESTROOM
11:40 - RECKLESS DRIVING.
11:42 - I'M NOT IF AND AND HIGH IS
11:45 - ARRESTED FOR RECKLESS DRIVING
11:47 - AND AT THE TIME.
11:50 - HE WAS UNDER THE INFLUENCE OF
11:53 - MEDICAL MARIJUANA. WHAT'S THE
11:55 - CONSEQUENCES IN NASSAR COME
11:57 - STANCE. I LIKE TO PLAY JERSEYS
12:00 - OF THE PHRASE CANNOT BE
12:02 - PROSECUTED OR ARRESTED SOLI FOR
12:05 - THE USE OF MEDICAL MARIJUANA.
12:09 - >>WELL YOU'RE CERTAINLY UNDER
12:10 - THAT SITUATION AND INDIVIDUAL
12:12 - COULD BE ARRESTED FOR RECKLESS
12:13 - DRIVING.
12:14 - AND THIS IMMUNITY IS NOT.
12:20 - BY THE OTHER PARTS OF
12:21 - THE CONOCO
12:22 - IT JUST PREVENTS PEOPLE FROM
12:24 - MAINE, SEN SHE WOULD HAVE BEEN
12:25 - A GUESS O IF HE COULD.
12:28 - THEY ARE.
12:29 - THEY LOVE THEMSELVES OF THE
12:31 - MEDICAL TREATMENT THAT IS NOT
12:32 - PERMISSIBLE UNDER. AND THAT'S
12:33 - THE ONLY GRANTS NOT NOT
12:36 - ANYTHING ELSE THAT
12:37 - WOULD KNOW OTHERWISE SUBJECT TO
12:39 - ARREST OR PROSECUTION FOR THE
12:41 - LOST MONEY.
12:43 - >>SO THAT THEN WOULD
12:44 - RESPONDS TO I I YOUR OPPOSING
12:48 - COUNSEL'S ARGUMENT THAT THIS
12:50 - IS NOT SOLIS FOR THE USE OF
12:52 - MEDICAL MARIJUANA AND THIS IS
12:54 - SOMEBODY
12:54 - WHO IS USING MARIJUANA AND
12:58 - DESIGNER OF H.
13:00 - DIFFERENT CONTEXT
13:01 - AND YEAH.
13:03 - >>YEAH LOOK I THINK THAT IF YOU
13:05 - IF YOU FOLLOW THE
13:08 - THE RESPONDENT THAT ANYONE
13:10 - COULD BE SUBJECT TO ANYONE WHO
13:12 - USES MEDICAL MARIJUANA USE
13:13 - OBJECT TO
13:16 - PRIVILEGED BECAUSE IF YOU'RE A
13:18 - TEACHER IN A SCHOOL THAT YOU
13:20 - COULD SAY WELL
13:20 - YOU'RE NOT JUST MARIJUANA TO
13:25 - TEACHER I WAS NOT SCARED
13:28 - TO PROTECT PEOPLE FROM
13:29 - RETALIATION FOR USING MEDICAL
13:31 - MARIJUANA SO TECHNICAL.
13:33 - >>THANK YOU. DAUGHERTY.
13:39 - I WANT TO FOLLOW UP FROM A
13:41 - JUSTICE TANI YOU JUST INDICATED
13:43 - FOR EXAMPLE TO THE LIKES OF
13:44 - JERRY GOING BACK TO THE WORD.
13:46 - ALL LEE. THE STATUES PERCENT
13:47 - DECREASE PANEL GOING FOR THE
13:49 - USE OF MEDICAL MARIJUANA.
13:51 - BUT HOW DO YOU GET AROUND THE
13:52 - FACT THAT IS NOT SO WE THAT THE
13:54 - UNDERLYING OF BANKS, THE
13:56 - CRIMINAL CONVICTION IS THE
13:58 - BASIS FOR THE IMPOSITION
14:02 - ANY RESTRICTIONS OF HIS OR
14:04 - HER FREEDOM. NOT THE USE OF
14:06 - MARIJUANA IN ANOTHER CELL AS
14:08 - FOR THE U N AND GENERAL SAM,
14:10 - HOW DO YOU DISTINGUISH.
14:12 - >>I THINK THAT IS NATURAL THAT
14:14 - ANY PREVIOUSLY WHICH IN THAT
14:18 - AND
14:18 - THE FACT THAT THE PERSON ON
14:20 - PROBATION DOES NOT ALLOW THEM
14:23 - IN COURT THE DISCRETION TO
14:25 - PREVENT THEM FROM USING
14:26 - MARIJUANA. HE HAD SENT HIM
14:28 - COURT IS CONSTRAINED BY FIRES
14:33 - IT'S THE LATEST REHABILITATION
14:35 - BUT ALSO BY THE MEDICAL
14:36 - MARIJUANA WHICH BROUGHT HIM IN
14:39 - INDIVIDUAL BE
14:41 - TO ARREST
14:45 - PRIVILEGE SO YOU COULD BE
14:46 - MEDICAL MARIJUANA STILL HERE
14:48 - AND THE PERSON OR ON PROBATION.
14:51 - AND WE'RE FOLLOWING EVERY
14:52 - SINGLE CONDITION EXCEPT THE
14:54 - MEDICAL
14:54 - MARIJUANA CONDITION. AND THERE
14:56 - IS NO INFORMATION ABOUT IT
14:59 - WOULD BE REMOTE SOLELY BECAUSE.
15:02 - AND THAT IS WHAT
15:02 - THE LEGISLATURE. TRYING
15:04 - TO PREVENT I THINK THANK YOU.
15:11 - WECHT THANK YOU CHIEF JUSTICE
15:14 - SIR, GOOD MORNING COUNCIL
15:16 - SUPPOSE A. PROBATION COURT.
15:22 - I HAD
15:23 - THE CIRCUMSTANCES BEFORE IT.
15:28 - THE HOLDER OF A PROBATIONER
15:30 - WITH A MEDICAL MARIJUANA CARD.
15:32 - ALL APPEARED TO BE.
15:36 - ABUSING THAT PRIVILEGE OR.
15:40 - USING THAT PRIVILEGE FOR
15:42 - PURPOSES WHICH WHICH RAN AFOUL
15:44 - OF THE PROBATION COURT'S
15:46 - SUPERVISION, ONE RECOURSE WITH
15:48 - THE JUDGE SHOW.
15:50 - >>SO I MEAN THE JUDGE WOULD BE
15:52 - ABLE TO IMPOSE ANY PENALTY
15:54 - THAT. THEM
15:56 - TO CODE, SOMEONE WHO BY MAKING
15:59 - CONDITION OF ONE OF THE
16:00 - CONDITIONS OF THEIR PROBATION
16:01 - IF YOU HAVE TO KEEP MY
16:02 - MARIJUANA. THE JUDGE AND YOU'RE
16:04 - NOT TO BUY INTO THAT AND YOU
16:06 - COULD BE
16:06 - SUBJECT TO COUNTY AND A RESULT
16:09 - IN ADDITION, THE MEDICAL STAFF
16:12 - IN ADDITION TO HAVING STARTED
16:13 - GETTING OUT OF THE STATE BY LES
16:15 - TIONS MAKE ANY VIOLATION OF THE
16:17 - ACT A MISDEMEANOR.
16:19 - SO YOU KNOW THE COURTS KIND OF
16:21 - LIKE THE SESSIONS FROM TO
16:23 - REQUIRE PEOPLE TO COMPLY WITH
16:25 - MOSSACK SOME INVITED MEDICAL
16:26 - MARIJUANA AND THERE. THEY
16:28 - HAD CRASHED AND I WOULD
16:30 - ALSO BE A QUARTER BASIS TO
16:32 - IMPOSE PENALTIES THAT IMPORTANT
16:34 - THING HERE IS THAT AS LONG AS
16:35 - THE PERSON OPERATING AS I'M IN
16:37 - THE MEDICAL MARIJUANA.
16:38 - THEN THE TRUMP DOES NOT HAVE
16:39 - DISCRETION TO PENALIZE THEM FOR
16:42 - THAT.
16:43 - >>THEN JUST A QUICK FOLLOW-UP
16:45 - WITH RESPECT TO THAT
16:46 - COMPLIANCE. O ALL
16:48 - HOW HOW DO YOU SEE THE THE
16:51 - HEARING. BEFORE THE JUDGE.
16:55 - DIFFERING FROM WHATEVER
16:56 - THRESHOLD SHOWING IS NEEDED TO
16:59 - GET THE CARD IN FIRST PLACE.
17:04 - >>IN TOMS AND BY THE FALL IN
17:06 - THE WRECKAGE.
17:07 - YES, SO THE HEARING THAT THE
17:08 - POLICY CONFLICTS LIKE A BIRD.
17:12 - HE SAID I'M I'M
17:14 - COURTNEY PERMISSION TO
17:15 - ESTABLISH HUGE THE COURT'S TEST
17:19 - MET ON THE SET. ANALYSTS AT
17:20 - CITI IT'S VERY DIFFERENT FROM
17:22 - WHAT AND THEY DON'T HAVE TO
17:24 - ESTABLISH TO OBTAIN A MEDICAL
17:26 - MARIJUANA CARD YEAH DOCTOR TO
17:29 - CERTIFY THAT THEY HAD ONE OF
17:30 - THE 20 LISTED IN SERIOUS
17:32 - CONDITION IN A STATUTE AND
17:34 - REGULATIONS AND THE DOCTOR
17:36 - HAS TO IF THE INDIVIDUAL MAY BE
17:40 - ABLE TO MAYBE SEE SOME BENEFIT.
17:44 - FROM THE USE OF
17:45 - MEDICAL MARIJUANA THAT IS A FAR
17:47 - LOWER
17:47 - THRESHOLD THEN IT'S TYPICAL
17:50 - WHICH IS TYPICALLY AM I THINK
17:53 - LAST RESORT.
17:55 - BUT WHEN IT
17:56 - COMES TO HEALTHY TO PLAY WHEN A
17:58 - PERSON HAS TO SHOW IN ORDER AND
18:02 - I GET IT FIRST, EVEN IF
18:07 - BURN COURT. THEY HAVE A MEDICAL
18:09 - NECESSITY THAT HURTS PEOPLE
18:11 - GAUGING IN THAT PROCESS.
18:13 - SO.
18:14 - >>THANK YOU FOR YOU.
18:17 - I'M GOING TO
18:17 - ASK A JUSTICE MIND IF SHE HAS A
18:20 - QUESTION AND HE DOES YOU GOOD.
18:23 - AND RESPOND TO THAT QUESTION
18:24 - AND THEN NOW CONCLUDED
18:27 - YOUR ARGUMENT. YES THIS MONTH.
18:35 - SO I HAVE NO QUESTIONS THANK
18:36 - YOU CHIEF. I APPRECIATE HIS DAD
18:38 - WOULD YOU LOVE
18:42 - SUMMARIZE YOUR ARGUMENT AT
18:43 - THIS.
18:49 - >>ESTABLISH ALL PATIENTS
18:51 - TO CUBA. AND THE HEAD. PATIENTS
18:54 - ONE
18:54 - AGENT LAW AND OPTING POLICY
18:57 - THAT ALLOWS THE COURT PLEASE I
19:00 - THINK WHAT I MEANT. IN SOME
19:03 - POLLS, HOW TO YOU
19:04 - PEOPLE DO. YOU
19:06 - WILL PROBABLY IF HE DID THIS OR
19:11 - TO ACT ALL OF THESE BE DECLARED
19:13 - TO BE ALL IN A JUDICIAL
19:14 - DISTRICT TO BE PERMANENTLY
19:15 - ENJOINED FROM OF COURSE.
19:17 - THANK YOU.
19:18 - >>THANK YOU MISTER UH HUH WHO
19:20 - HERE FOR MY IDEA. ON THAT.
19:27 - >>THANK YOU MISTER CHIEF
19:28 - JUSTICE SEEMED ASSOCIATE
19:30 - JUSTICES OF THE COURT MAY
19:32 - PLEASE THE COURT.
19:34 - RICK RANDALL WITH THE ABC
19:36 - LEGAL DEPARTMENT WE REPRESENT
19:38 - THAT 52ND JUDICIAL DISTRICT.
19:41 - THE CHIEF PROBLEM
19:43 - WITH PETITIONERS ARGUMENTS IS
19:45 - THAT WHAT THEY'VE DONE HERE IS
19:46 - THEY'VE REDUCED EVERYTHING
19:48 - ABOUT THEIR LIVES AND WHAT GOOD
19:50 - CITIZENSHIP ENTAILS TO THEIR
19:53 - MEDICAL MARIJUANA PRESCRIPTIONS
19:54 - AND WHAT THEY DO AS THEY
19:56 - ESSENTIALLY ARGUE
19:57 - THAT WELL YOUR DOCTORS IN NO
20:00 - ONE CAN INTERFERE WITH THE
20:01 - MEDICAL MARIJUANA
20:02 - PRESCRIPTIONS, A THING.
20:04 - IN ADDITION OR ZACH COUNCIL
20:05 - KEPT REFERRING OR ARGUMENT TO
20:07 - THE SWEEPING IMMUNITY AND THAT
20:09 - THE MEDICAL MARIJUANA.
20:11 - PERMITS.
20:13 - AND WHAT THEY'VE ESSENTIALLY
20:14 - DONE IS THEY'VE CLAIMED THAT
20:16 - MEDICAL MARIJUANA LAW HAS
20:17 - ESSENTIALLY BUILD AN
20:18 - ENTIRE WALL AROUND THIS PART OF
20:21 - THEIR LIFE SUCH DATA PROBATION
20:23 - IN THE PROBATION CONTEXT THE
20:25 - COURTS
20:26 - COULD NEVER UNDER ANY
20:28 - CIRCUMSTANCES EVALUATE WHAT'S
20:29 - GOING ON WITH THEIR HEALTH.
20:31 - BUT HERE'S
20:32 - THE THING A PERSON'S HOW FOR
20:35 - THEIR MEDICAL NECESSITIES IS
20:36 - NOT JUST SOME MATTER PRIVATE
20:38 - CONCERN. WHAT MY DOCTOR
20:40 - PRESCRIBED ME IS NOT JUST MY
20:42 - CONCERN, IT'S STATE REGULATED.
20:44 - AND THAT'S FOR MY SAFETY AND
20:46 - THE SAFETY OF OTHERS
20:47 - AROUND ME PRESCRIBING
20:49 - MEDICATIONS TO ANY ONE PERSON
20:50 - HAS AN EFFECT ON SOCIETY AT
20:52 - LARGE THAT'S WHY THE PRACTICE
20:54 - OF MEDICINE SO
20:54 - HIGHLY REGULATED. AND SO THIS
20:57 - ARGUMENT FROM THE PETITIONERS
20:58 - AND SAID THE MEDICAL MARIJUANA
20:59 - LAW SOMEHOW CHANGES THAT
21:01 - LANDSCAPE AND
21:02 - REDUCES EVERYTHING ABOUT THEIR
21:04 - LIVES AND GETTING OUT OF THE
21:06 - CRIMINAL JUSTICE SYSTEM HAS TO
21:07 - TO JUST SIMPLY RELATING TO
21:09 - THEIR PERSONAL HEALTH CARE.
21:10 - IF YOU'RE SIMPLY NOT CORRECT
21:11 - THAT WAS NOT WRITTEN THAT
21:13 - BROADLY. WHAT'S GOING ON RIGHT
21:15 - NOW IN THEIR LIVES FOR THE
21:16 - PETITIONERS AND THEY ARE ALL ON
21:18 - A POW TO BACK TO GOOD
21:22 - THERE BETWEEN THE COURT IS
21:23 - FOCUSED ON TRYING TO GET THEM
21:24 - REHABILITATED AND WHAT THEIR
21:27 - DOG RIDING THEM IS ONE PART OF
21:28 - THAT EQUATION THAT THE DOCTOR
21:30 - SHOULD BE TOTALLY FOCUSED ON
21:32 - THEIR HEALTH. THAT'S ONE PART
21:34 - OF THEIR LIVES.
21:36 - BUT THAT'S NOT THE ONLY
21:37 - CRITERIA HERE FOR GOOD AND IS
21:40 - NOT THE ONLY MATERIAL. YOU KNOW
21:43 - THESE ARE WORDS YOU THINK
21:44 - ABOUT IT. AT CITIZENS IF HEALTH
21:47 - WAS THE ONLY THING WE HAD A
21:49 - COMBINATION COURT HAS
21:50 - TO CONSIDER BUT A FULLY FORMED
21:52 - CITIZEN AND A GOOD CITIZEN IN
21:54 - ARE NOT ONLY MAKES GOOD
21:55 - HEALTHCARE
21:55 - DECISIONS DAY. WE FOLLOW ALL
21:57 - LAWS AND THE COURTS ARE CHARGED
21:59 - WITH A GREATER RESPONSIBILITY
22:01 - THAN JUST DOCTORS THE COURTS
22:02 - HAVE TO INSURE NOT
22:04 - THESE PETITIONERS GET OUT OF
22:06 - THE CRIMINAL JUSTICE SYSTEM A
22:07 - REHABILITATED AND DAY LIVE GOOD
22:09 - LIVES AND BECOME GOOD CITIZENS.
22:12 - BECAUSE
22:13 - THEY HAVE CLAIMED THAT THEIR
22:15 - HEALTH AND MEDICAL MARIJUANA
22:17 - LAW HAS ALL THE SWEEPING
22:18 - IMMUNITY. HE'S CREATED A LOT OF
22:20 - CONFUSING AND CONTRADICTORY
22:22 - ARGUMENTS THAT THE FIRST ONE IS
22:24 - THAT THE MEDICAL MARIJUANA LAW
22:26 - CREATED SOME SWEEPING IMMUNITY
22:27 - AND AND IF WE LOOK AT THE LAW.
22:30 - WE SEE THAT
22:31 - IT DOESN'T IN NOWHERE DOES IT
22:32 - SAY HI IN FACT THE VERY
22:35 - BEGINNING OF LAW SECTION 1, 2,
22:38 - AND THE CREATION OF POLICY
22:40 - GENERAL ASSEMBLY IS IS SENSE
22:43 - TIMIDLY MOVING MEDICAL
22:45 - MARIJUANA WE'VE ASKED YOU TO
22:49 - LIMIT YOUR.
22:50 - >>OPENING STATEMENT JUST 3
22:51 - MONTHS CERTAINLY BE EXCEEDED
22:53 - THAT SUPPORTING ACTRESSES VERA
22:54 - FIELD YOUR QUESTIONS. SURE
22:57 - THANK YOU CHIEF JUSTICE.
23:00 - MISTER CRANDALL.
23:02 - ASSUME HYPOTHETICALLY.
23:05 - THEY'RE ONE OF YOUR
23:06 - PROBATIONERS HAS CANCER.
23:09 - >>AND THEY STATIONS. SAYS YOU
23:12 - NEED CHEMOTHERAPY.
23:14 - LIVE. THE PROBATION DEPARTMENT
23:17 - HAVE THE RIGHT TO SAY.
23:19 - WE WILL CONTINENTS
23:21 - THE CHEMOTHERAPY. UNLESS YOU
23:23 - CAN PROVE IN A COURT ROOM
23:25 - MEDICAL NECESSITY.
23:27 - >>YOU KNOW I I DON'T THINK THAT
23:28 - ALL YOUR HONOR I
23:29 - THINK CHEMOTHERAPY IS A IS IS
23:32 - VERY DIFFERENT FROM MARIJUANA
23:34 - AND A FOR EXAMPLE CHEMOTHERAPY
23:36 - AS FAR AS
23:37 - I'M AWARE HAS NOT EVER BEEN
23:39 - TREATED AS A SCHEDULE ONE
23:40 - NARCOTIC UNDER STATE LAW YOU
23:41 - KNOW TIME IS LIMITED I
23:45 - APOLOGIZE FOR INTERRUPTING YOU,
23:46 - BUT I DON'T I DON'T WANT TO RUN
23:47 - OUT.
23:48 - >>I E
23:49 - YOU'RE YOU'RE YOU'RE NOT
23:51 - ACTUALLY BE A CHANGE MIGHT HAVE
23:52 - ASSUMED THAT THE CHEMO THAT
23:54 - THEY'RE GIVING IS EXPERIMENTAL
23:56 - AND INDEED HAS A SCHEDULE ONE
23:57 - NARCOTIC COMPRISE WITHIN.
24:00 - GOOD THING.
24:02 - >>IT IN AND THEN THAT CASE OF
24:03 - THIS INDIVIDUAL IS ON PROBATION
24:05 - FOR EXAMPLE.
24:06 - I THINK THE COURT WOULD HAVE TO
24:07 - BALANCE THAT YOU KNOW THAT YOU
24:08 - CONSIDER THAT WITH THEIR NEED
24:10 - AND THAT CASE, YOU KNOW YOUR
24:11 - HONOR THAT'S A GOOD EXAMPLE
24:12 - MAYBE THAT'S A SITUATION WHERE
24:13 - THE COURT
24:14 - LETS THEM YOU KNOW USE THE
24:15 - MEDICAL MARIJUANA IN
24:16 - BALANCE BUT.
24:19 - >>ONE WE'RE TALKING CANCER AND
24:21 - CHEMO IN YOUR
24:22 - ANSWER IS THAT DATA LEBANON
24:24 - COUNTY CAN
24:25 - PROHIBIT CHEMOTHERAPY. IF THE
24:28 - COCKTAIL CONTAINS A A SCHEDULE
24:30 - ONE DRUG IS
24:31 - THAT CORRECT.
24:32 - >>NOW THAT I THINK THAT'S I
24:33 - THINK THAT'S A CORRECT
24:34 - STATEMENT BECAUSE WITH THE
24:35 - COURTS DEALING IS NOT JUST
24:37 - TARGETING ONLY
24:38 - ONLY THAT THAT DRUG WITH THE
24:40 - COURT HAS THE LOOK AS THE
24:41 - ENTIRE CIRCUMSTANCES OF THAT
24:43 - PERSON'S LIFE. SO FOR EXAMPLE
24:45 - IS THIS PERSON
24:46 - A FEW. IN IN THIS EXAMPLE ARE
24:49 - WE TALKING ABOUT SOMEBODY WHO
24:50 - HAS A PROBLEM WITH
24:54 - OBEYING LAWS IS SOMEBODY THAT
24:56 - IS A HE'S
25:00 - ON PROBATION. I LIKE
25:02 - TO BE THE FACTS THE FACTS OF
25:04 - THIS CASE HE'S ON PROBATION
25:06 - COULD BE CONTRACTS CANCER AND
25:07 - I'M SURE THAT THAT HAPPENS
25:09 - ON OCCASION.
25:10 - >>RIGHT HERE IS GOING TO GET A
25:11 - COCKTAIL OF DRUGS TO SUPPRESS
25:14 - THE CANCER HO LEE
25:16 - AND THEN THOSE GOING TO CONTAIN
25:17 - A SCHEDULE ONE DRUG I DON'T
25:19 - KNOW IF THAT'S OUTLANDISH AND
25:20 - NOT NOT BEING A PHYSICIAN, BUT
25:22 - JUST UNDER
25:22 - THOSE FACTS AND I THINK WHAT
25:24 - YOU'RE SAYING TO ME NUMBER MY
25:25 - TIME THAT WHAT YOU'RE SAYING TO
25:27 - ME IS UNDER THOSE
25:27 - CIRCUMSTANCES, YOUR CLIENT
25:29 - DOESN'T NEED HAVE A RIGHT TO
25:31 - HAVE A HEARING TO DECIDE
25:32 - WHETHER OR NOT THE MOST NESTS
25:34 - THAT'S CORRECT YOUR HONOR LET'S
25:36 - GRAB A BEER. I GOT TO
25:40 - THANK YOU.
25:41 - >>JUST THANK YOU JUST HEARD
25:42 - JUSTICE ON.
25:45 - >>THANK YOU CHIEF JUSTICE.
25:47 - BUT TUCKER AND ALL IT'S YOUR
25:49 - ARGUMENTS STRONGER IN
25:52 - INSTANCES WHERE THE
25:53 - PROBATION IS.
25:55 - >>AS A RESULT OF SUBSTANCE
25:58 - ABUSE CRIME.
26:01 - >>I THINK THAT'S
26:02 - PROBABLY A FAIR
26:03 - ASSESSMENT THAN SUBSTANCE ABUSE
26:05 - IS IS IS PROBABLY MORE WHAT
26:08 - THIS IS TARGETED TO
26:10 - I AND THE POLICY
26:13 - ITSELF THAT YOU COULD CHECK OUT
26:14 - THE POLICY THE POLICY ACTUALLY
26:16 - DRAWS THIS CONNECTION BETWEEN
26:17 - SUBSTANCE ABUSE AND CRIME.
26:19 - SO I THINK THAT SUBSTANCE ABUSE
26:21 - IS SOMETHING THAT IS ON THE
26:22 - COURT'S
26:22 - MIND AND THE CONNECTION BETWEEN
26:26 - SUBSTANCE ABUSE IS CRIME SORT
26:27 - OF CERTAIN LAID OUT HIS
26:29 - CONCERNS OF THE NEW OPENING
26:30 - PART OF
26:31 - ITS POLICY. IT LAYS OUT HOW AND
26:33 - ON ALL 3 OF THE PROBATIONERS
26:35 - HERE HAVE BACK WE SHARE THAT
26:37 - IN COMMON AND YOU TO
26:38 - THEIR SITUATIONS. ILLEGAL
26:41 - POSSESSION WAS SOME COMPONENT
26:43 - IN FOR EACH OF THESE
26:43 - PROBATIONERS.
26:47 - >>I'M HAVING IS
26:48 - WE'RE NOT DECIDE THIS CASE JUST
26:51 - DOES STUFF.
26:52 - >>THESE 3 PROBATIONERS WE'RE
26:55 - GOING TO DECIDE THE CASE OR
26:57 - PENNSYLVANIA AS
26:58 - A WHOLE PROBATIONERS ARE
27:03 - ALLEVIATED ANY DRUG PROBLEM.
27:05 - I AGREE YOU ARE. BUT SOME
27:09 - DO YOU I THE DRUGS
27:11 - SOME ARE NOW SOME
27:14 - MAY BE DOMESTIC VIOLENCE THERE
27:16 - COULD BE A WHOLE HOST
27:17 - OF CRIMINAL INFRACTIONS THAT
27:19 - DID NOT AND ALL.
27:23 - SUBSTANCE
27:25 - I GUESS THAT'S WHAT I'M ASKING
27:27 - IS THERE A DISTINCTION IN YOUR
27:29 - MIND BETWEEN THE TIME THE CRIME
27:32 - AGAIN RISE TO THE PROBATION.
27:34 - AND THE MEHDI ARMY.
27:39 - >>YES, YOUR HONOR I THINK THAT
27:40 - COULD BE THE
27:40 - CASE BUT I THINK FOR ALL THESE
27:42 - PROBATIONERS LET'S SAY YOU KNOW
27:44 - A PROBATIONER HAS NO CONNECTION
27:46 - TO SUBSTANCE ABUSE AND THEY
27:47 - WANT TO USE
27:48 - MEDICAL MARIJUANA THEN THEY
27:50 - WOULD USE THE POLICY WOULD
27:51 - PETITION THE JUDGE AND SAY YOUR
27:52 - HONOR LOOK I MY
27:54 - CRIME HAS NO CONNECTION TO
27:55 - SUBSTANCE ABUSE I'VE NEVER HAD
27:56 - A HISTORY OF
27:57 - SUBSTANCE ABUSE. ALI'S RELIEVE
27:59 - ME FROM THIS GENERAL CONDITION
28:00 - AND I THINK YOU KNOW THAT
28:02 - SOMETHING THE JUDGE WOULD HAVE
28:03 - TO CONSIDER.
28:07 - THANK YOU JUSTICE
28:08 - DONE HERE.
28:09 - >>COUNCIL ON I'D LIKE TO FOLLOW
28:11 - UP ONE NIGHT YOUR LAST ANSWER
28:13 - TO JUST THIS HIGH.
28:16 - >>BUT IT WHO
28:17 - AND WHAT YOU DESCRIBED AND
28:20 - HOW A PROBATIONER WHO GET OUT
28:23 - FROM UNDER THE BURDEN BEING
28:25 - IMPOSED BY
28:25 - THIS POLICY IS NOT WHAT I
28:27 - UNDERSTAND THE POLICY TO BE MY
28:29 - UNDERSTANDING IS PROBATIONER
28:32 - WEEK AFTER CRUDE MEDICAL
28:34 - NECESSITY.
28:35 - AND I'M NOT CERTAIN
28:39 - WHAT THAT
28:42 - I DID THEN
28:43 - I BRINGING IN A PHYSICIAN WHO
28:45 - WASTE THE AUTHORIZING POSITION
28:47 - MET ALL OF THE EYE. I PROTOCOLS
28:51 - AND YOU
28:51 - THE STATUTE IS THAT IS THAT HOW
28:55 - ID ID DO SOME DISTRICT IN
28:57 - CANCER THIS TO WORK.
29:00 - >>NO YOUR HONOR I DON'T THINK
29:01 - SO I DON'T THINK IT'S IT'S IT'S
29:04 - NOT DEFINED BY THE PART OF THE
29:06 - PROBLEM WITH WITH THAT I CAN'T
29:08 - REALLY GIVE YOU A SOLID ANSWER
29:09 - ON THAT BECAUSE WE HAVEN'T SEEN
29:11 - POLICY IMPLEMENTED YET
29:12 - BECAUSE OF THE POSTURE OF THIS
29:14 - CASE BY COMING HERE AND KING'S
29:15 - BENCH JURISDICTION. YOU SIMPLY
29:18 - HAVE NO RECORD TO SAY HOW THE
29:19 - JUDGES OF THE
29:20 - 52ND JUDICIAL DISTRICT. WOULD
29:24 - LOOK AT THAT PHRASE MEDICAL
29:25 - NECESSITY I I DON'T THINK IT
29:27 - WOULD IT WOULD BE NOW NOT TO
29:29 - SHOW HIM.
29:32 - >>ALL. I
29:34 - YOU.
29:35 - >>THE DISTRICT CANNOT TELL A
29:37 - PROBATIONER WHEN HE OR SHE HAS
29:40 - TO ESTABLISH
29:41 - ISN'T THAT ITS FACE ENOUGH
29:44 - TO SAY THIS POLICY
29:46 - CAN STAND. I MEAN, YEAH IT'S A
29:49 - MOVING CAR. I'VE BEEN UP UNDER
29:52 - WHAT CIRCUMSTANCE.
29:54 - COULD ANYONE EVER EAT HIM TO ME
29:57 - AND THERE.
29:58 - IT'S COLI IN THE
30:00 - UNBRIDLED
30:02 - THE I FORMATION I DID DECIDE
30:06 - WHETHER OR NOT THE STANDARD HAS
30:07 - BEEN MET.
30:10 - >>AND THE MEDICAL NECESSITY UP
30:12 - COMPONENT OF IT THOUGH IF YOU
30:14 - THINK
30:14 - ABOUT IT I DON'T THINK JUST
30:16 - FOLLOWING THE MEDICAL MARIJUANA
30:17 - LAW THAT IT'S IT'S HARD TO GET
30:19 - INTO WHAT MEDICAL NECESSITY
30:20 - WOULD BE FOR THEM I THINK
30:21 - THEY'VE DONE A GOOD JOB IN THIS
30:23 - CASE OF LAYING OUT IN
30:24 - THEIR PETITIONS THEIR
30:25 - CIRCUMSTANCES OF THE LAY THAT
30:27 - OUT AND THEY THEY ONLY TOOK A
30:28 - COUPLE OF PAGES IN THEIR
30:29 - PETITIONS TO LATE NOW.
30:31 - NOW IS THAT WOULD NOT MEET THE
30:33 - STANDARD FOR WHAT THE JUDGE
30:34 - WOULD SAY IS ACCEPTABLE MEDICAL
30:36 - NECESSITY. I THINK THE PROBLEM
30:38 - HERE WOULD BE JUST
30:40 - LOOKING IN WHAT THEN LAY OUT
30:42 - ONLY IS WHAT THEY'VE LAID OUT
30:43 - IN NOT CONSIDERING ALL THE
30:44 - OTHER PARTS OF THEIR LIFE AS
30:45 - WELL SO IT'S. THEY'VE DONE A
30:49 - GOOD JOB OF LAYING OUT I THINK
30:51 - A CONVINCING ARGUMENT FOR WHY
30:52 - TO ME THEY MAY NEED EXCEPTIONS
30:54 - TO THE POLICY BUT WITH THE
30:55 - JUDGE IS NOT CONSIDERING IS NOT
30:57 - JUST THE MEDICAL NECESSITY.
30:58 - YOU KNOW THESE ALSO PROBATION
31:00 - CONSIDERING ALL THE OTHER
31:00 - FACTORS OF THEIR LIFE IN A VERY
31:02 - YOU HOLISTIC
31:03 - WAY SO I SEE YOU ARE SAYING,
31:06 - BUT BY LOOKING AT MEDICAL
31:07 - NECESSITY AND SAYING YOU KNOW
31:08 - WHAT YOU KNOW WHAT DOES THAT
31:10 - PHRASE MEAN BY.
31:12 - I JUST GOT TO GO BACK TO MY
31:13 - ANSWER BEFORE AS IT WILL FIRST
31:14 - OF ALL ARE
31:14 - YOU NOT INCE IT SEEMS TO BE
31:16 - APPARENT BASED ON WHAT THEY
31:17 - LAID OUT THEY LAID OUT SOME
31:19 - MEDICAL NECESSITY. IN THERE
31:21 - EVERY IN THEIR BRIEF AND SECOND
31:22 - OF ALL YOU KNOW WE JUST WE JUST
31:24 - HAVE TO SEE WHAT REPUBLICAN
31:25 - DISTRICT DOES. BEFORE WE BEFORE
31:27 - WE ROLL ON NOW.
31:39 - BACKING ON JUSTICE 10 YEARS IN
31:42 - THE POLICY. IT SPECIFICALLY
31:44 - INDICATE HEARD IN THE BONE, THE
31:47 - PETITIONER.
31:51 - LIKE THIS PROVIDE ELATION HERE.
31:54 - THE VIOLATION OF PROBATION
31:56 - HEARING THE BURDENS ON
31:57 - THE COMMONWEALTH. WHAT COURSES
31:59 - THE SHIFT IN BURDEN AND WHY
32:01 - SHOULD BE BANNED.
32:03 - EITHER ONE WHEN IN FACT THIS IS
32:06 - THE INCOMPETENCE OF THE
32:08 - COMMONWEALTH.
32:10 - >>YES, YOU'RE OR
32:12 - THE REASON I THINK IF YOU GO
32:13 - BACK TO THE FIRST PAGE OF THE
32:15 - POLICY THAT THE CONCERNS THAT
32:16 - THE COURT EXPRESS IS ON THE
32:18 - FIRST PAGE SORT OF ITS PLANE
32:20 - BACK ON THE SECOND PAGE WHY THE
32:22 - MEDICAL NECESSITY BURDEN WOULD
32:24 - BE ON THE PETITIONERS
32:25 - THE COURT LAYS OUT CONCERNS ON
32:27 - THE FIRST PAGE THAT ARE VERY
32:28 - CONSISTENT WITH THE
32:29 - GENERAL ASSEMBLY'S SECTION ONE
32:31 - OF THE DECLARATION IN THIS OUT
32:34 - THE GENERAL ASSEMBLY TALKS
32:36 - ABOUT HOW THIS YOU KNOW MEDICAL
32:37 - MARIJUANA MIGHT
32:39 - BE SOMETHING THAT IS GOING TO
32:41 - HELP PATIENTS AND SUGGEST A
32:43 - MEDICAL
32:43 - MARIJUANA IS SOMETHING THAT MAY
32:46 - MITIGATE SUFFERING IN SOME
32:47 - PATIENTS AND COURT THEN FOLLOWS
32:50 - THAT UP WITH THE FIRST PART OF
32:52 - THE POLICY ON THE FIRST PAGE
32:53 - AND TALKS
32:54 - ABOUT HOW.
32:55 - >>MEDICAL MARIJUANA IS THE MOST
32:56 - FLOPS AT THE MOMENT, IT'S AN
32:58 - EVOLUTIONARY STAGE WHERE THE
32:59 - FEDERAL GOVERNMENT. THANKS IT'S
33:01 - STILL A SCHEDULE ONE NARCOTIC
33:03 - IT'S GOT A HIGH POTENTIAL FOR
33:04 - ABUSE
33:04 - AND DEPENDENCY AND I THINK THE
33:07 - FUELS THE SECOND PAGE, YOUR
33:08 - HONOR WE GET TO THE EARS WHY
33:10 - THE CONDITION. WE NEED TO COME
33:12 - FORWARD WITH A LITTLE BIT OF
33:13 - EVIDENCE AS TO WHAT'S GOING ON
33:14 - IN THEIR LIFE AND THEIR
33:15 - CIRCUMSTANCES.
33:17 - BE IT COLLECTS THE SOMETHING
33:20 - THE BEST IN THE NATION. HOST.
33:23 - $0.3 FROM GRACE.
33:29 - I AS TO WHY THEY WOULD NOT
33:30 - BE COLLECTED IN IN IN THE
33:33 - SENTENCING PROCESS POSE
33:34 - CONNECTION. AND I SUPPOSE
33:38 - SENTENCE INVESTIGATION. WHY
33:40 - WOULD THAT INFORMATION NOT TO
33:41 - CALL IT THAT.
33:43 - WELL THAT INFORMATION VERY WELL
33:44 - COULD BE AND MAYBE THAT'S WHAT
33:46 - THE PETITIONERS RELY ON MAYBE
33:47 - THEY JUST SIMPLY SAY LOOK YOUR
33:48 - HONOR, HERE'S MY A SENTENCING
33:50 - CONVICTION, YOU KNOW REPORT.
33:52 - HERE'S EVERYTHING RIGHT THERE
33:53 - IN MY LIFE,
33:54 - THOSE ARE VERY GOOD REPORT TO
33:56 - YOU KNOW YOUR HONOR AS YOU
33:57 - POINT OUT THE
33:59 - THEY GO INTO A LOT OF THINGS
34:00 - AND MAYBE THAT'S WHAT THEY RELY
34:01 - ON MAYBE THAT BECOMES A VERY
34:03 - EASY WAY TO HELP ESTABLISH THE
34:04 - MEDICAL NECESSITY.
34:06 - I THINK WHAT THE COURTS TRYING
34:07 - TO DO IS IT'S TRYING TO GO A
34:08 - LITTLE BIT FURTHER JUST TOO.
34:10 - YOU KNOW
34:11 - WHO'S NOT NOT REALLY DETERMINE
34:13 - THEIR MEDICAL NECESSITY
34:14 - BUT VERIFY WHAT'S GOING ON WITH
34:17 - THE AMERICAN MEDICAL MARIJUANA
34:18 - USE.
34:20 - AND IF I MAY BE MUCH LESS CAN I
34:21 - ASK ONE MORE QUESTION CHIEF
34:22 - QUICKLY SURE BEEN UNDERGOING
34:25 - YOUR REAL QUICKLY MEDICAL A
34:27 - MEDICAL NECESSITY
34:29 - HAS A NICE BUT IS THERE
34:30 - SPECIFIC TERM OF ART WHICH
34:33 - MONEY WHY ARE YOU KNOW IMPOSING
34:35 - ADDITIONAL BURDENS ON THEM
34:38 - WHEN YOU SAY HE OR SHE NOW
34:40 - BEARS THE BURDEN OF MEDICAL
34:41 - NECESSITY.
34:44 - WELL AGAIN YOU KNOW I DON'T I
34:45 - I'M NOT SURE THAT THE POLICY IS
34:47 - USING THE LEGAL TERMINOLOGY OF
34:49 - MEDICAL NECESSITY I DON'T THINK
34:50 - IT'S GOING FOR THAT I THINK
34:52 - LOOKING BACK TO THE FIRST PAGE
34:54 - OF THE POLICY
34:55 - SHOWS YOU I THINK WITH THE
34:56 - COURT'S CONCERNS OR I DON'T
34:57 - THINK IT'S USING THE LEGAL A
34:59 - LEGAL TERM, BUT AGAIN.
35:01 - YOU KNOW WE JUST DON'T HAVE A
35:01 - NEW RECORD TO MAKE THAT
35:02 - PREDICTION ON AT THIS 0.1 WAY
35:04 - OR THE OTHER I DON'T THINK THE
35:05 - COURT COULD
35:05 - SAY THAT THATS THE POLICY IS
35:07 - SAYING BECAUSE OF THE RECORD
35:09 - 7TH AND THIS POINT.
35:11 - THANK YOU. YES, THAT'S RIGHT.
35:14 - THANK YOU CHIEF JUSTICE GOOD
35:15 - MORNING COUNCIL. ABOUT 9 YEARS
35:18 - AGO THIS COURT IN WILSON SAID.
35:21 - TO CREATE PROBATION CONDITIONS
35:24 - THAT DIFFER WITH STATUTORY
35:25 - REQUIREMENTS. HOW IS THIS CASE
35:28 - ANY DIFFERENT WHAT IS IT
35:29 - ABOUT BE. NO PENALTY CAUSE OF
35:32 - THE STATUTE IS AMBIGUOUS.
35:36 - YES
35:36 - JUST LIKE I THINK THE NO 10
35:38 - WEEK LOSS IS THE FIRST THING
35:39 - YOU HAVE TO DO WITH THAT NO
35:41 - PENALTY COST SUIT SECTION 21 OF
35:43 - 3.
35:44 - >>THE FIRST THING YOU NEED TO
35:45 - ESTABLISH IS NOW.
35:46 - YOU KNOW PROBATION ISN'T A
35:48 - RIGHT OR A PRIVILEGE IN THE
35:49 - SENSE THAT I THINK THE STATUTE
35:52 - USING ITS THE RIGHT OR THE
35:53 - PRIVILEGE FOR ALL THESE
35:54 - INDIVIDUALS IS TO BE FREE
35:56 - FROM SEARCHES AND SEIZURES TO
35:58 - HAVE FREE SPEECH IN ALL THE
35:59 - RIGHTS THAT WE ENJOY AS
36:01 - CITIZENS WHO ARE NOT PROBATION.
36:03 - SO BUT THE QUESTION THEN
36:05 - BECOMES IS TO HEAR IN COURT
36:08 - LAWFULLY LOOK
36:10 - AT THERE. USE OF MEDICAL
36:12 - MARIJUANA IN THE NIGHT AND SOME
36:13 - RIGHT OR A PRIVILEGE. SO LEAVE
36:16 - FOR THE MEDICAL
36:16 - MARIJUANA AND THAT'S OUR
36:18 - ARGUMENT IS THAT BIG IT'S NOT
36:20 - IT'S THERE'S THERE'S NOTHING IN
36:21 - CONFLICT WITH THE MEDICAL
36:22 - MARIJUANA
36:22 - STATUTE BECAUSE THEY'RE NOT
36:24 - BEING INTERFERED WITH SOLAR
36:26 - BECAUSE OF THEIR THEIR THEIR
36:27 - MEDICAL MARIJUANA THEY HAVE
36:28 - THERE BEEN THIS MOMENT,
36:30 - THEIR RIGHTS AND PRIVILEGES TO
36:31 - BE FREE TO TO STAY OUT AFTER 11
36:34 - TO HAVE PAGERS AND CELL PHONES
36:36 - AND OTHER THINGS. THOSE RIGHTS
36:37 - ARE BEING INFRINGED BECAUSE
36:38 - THEY'RE ALREADY ON PROBATION.
36:40 - THAT'S WHY THERE'S NO THERE'S
36:41 - SEE THERE SEEMS TO BE NO
36:42 - CONFLICT HERE WITH THE MEDICAL
36:44 - MARIJUANA ACTIVISTS PRINCE
36:46 - OPERATION POLICY.
36:51 - WHAT IN POLICY THAT LEBANON
36:53 - COUNTY HAS CRAFTED.
36:57 - THE POTENTIAL FOR REPEATED
37:00 - CONFLICTS WITH THE STATUTE
37:02 - GIVEN THAT THE
37:03 - JUDGES THERE. BUT IN SERIE
37:06 - AND TURN MEDICAL NON
37:09 - NECESSITY JUDGMENTS IN EACH AND
37:11 - EVERY CASE
37:13 - WHERE A PHYSICIAN ACTING UNDER
37:15 - THE STATUTE HAS ALREADY MADE
37:17 - THE JUDGMENT OF ELIGIBILITY FOR
37:19 - THE CAR AND THAT THE
37:20 - LEGISLATURE ADDRESSED.
37:24 - I DON'T KNOW YOUR HONOR BUT
37:26 - I THINK I THINK THIS MAY HELP
37:27 - ANSWER THE QUESTION IS NOT YOU
37:29 - KNOW JUST HAVING THE CARD IS
37:32 - NOT EQUIPPED IT'S NOT THE
37:33 - EQUATION OF LAW TO USE LAWFUL
37:35 - USE UNDER THE ACT IS
37:36 - SOMETHING DIFFERENT.
37:37 - >>AND IS THEY ARE THE CARD IF
37:40 - THEY ARE VERIFYING HOW THEY'RE
37:42 - USING THE PRESCRIPTION.
37:43 - THEN I DON'T THINK THERE'S ANY
37:44 - KIND OF INTERFERENCE WITH WHAT
37:46 - THE WITH WITH IN YOUR HONOR'S
37:48 - EXAMPLE THERE.
37:54 - >>JUSTICE MONEY.
37:55 - >>I'M NO QUESTION. JER OWNER.
37:58 - >>OK AND YOU A VERY VERY BRIEF
38:01 - ACT.
38:03 - SOME ASIAN THEM MISTER
38:04 - RANDOLPH.
38:06 - >>SO THIS BE BRIEF IN MY
38:07 - CLOSING HERE. THIS POLICY IN
38:10 - THIS CASE REALLY MIRRORS THE
38:11 - DECLARATION OF POLICY THAT
38:12 - COMES OUT OF THE MEDICAL
38:13 - MARIJUANA ACT ITSELF, IT'S
38:15 - ENSUES POLICY RECOGNIZES THAT
38:17 - MEDICAL MARIJUANA HAS NOT
38:18 - SETTLED SCIENCE THE POLICY
38:19 - RECOGNIZES THE PATIENT PATIENT
38:21 - SAFETY IS A CHIEF CONCERN
38:23 - AND THE GENERAL ASSEMBLY AGREES
38:24 - LAWLESS AND SECTION WANTED TO.
38:27 - THE POLICY RECOGNIZES THERE'S A
38:28 - POTENTIAL CONNECTION BETWEEN
38:29 - CRIMINAL VIOLATIONS AND
38:31 - SUBSTANCE ABUSE AND AGAIN I
38:32 - DON'T THINK THE
38:32 - GENERAL ASSEMBLY. THIS AGREES
38:34 - WITH THIS BECAUSE MARIJUANA IS
38:36 - IS JUST NOT PRESCRIBED LIKE ANY
38:37 - OTHER DRUG I DON'T GET A
38:38 - LICENSE. MY BACKING
38:40 - PRESCRIPTION
38:41 - FOR EXAMPLE. NO COURT WANTS TO
38:43 - OPERATE IMPORTANT. I THINK IN
38:44 - GUIDANCE TO THE DISTRICT'S ON
38:45 - HOW TO IMPLEMENT THESE POLICIES
38:47 - AND HELP STEER POLICY.
38:48 - I THINK THAT'S A A A REASONABLE
38:50 - APPROACH RATHER THAN THROW THE
38:51 - WHOLE POLICY OUT LIKE
38:53 - CONDITIONERS HAVE ADVANCED
38:54 - HERE. THANK YOU FOR HEARING ME
38:56 - TODAY.
38:59 - THAT CONCLUDES THE ARGUMENT IN
39:01 - THE
39:01 - FIRST CASE. WELCOME AND SO THE
39:04 - ARGUMENT IN THE NEXT 10 YEARS
39:05 - NOT 5 MINUTES.
39:09 - >>GET AN OVERVIEW OF THIS
39:10 - WEEK'S TOP STORIES AS STATE
39:12 - JOURNALISTS WEIGH IN ON TOPICS
39:13 - AFFECTING
39:14 - PENNSYLVANIA WATCH JOURNALISTS
39:16 - ROUNDTABLE THURSDAY NIGHT AT 7
39:18 - ON CABLE AND STRAIN WITH
39:20 - PCN SELECT VISIT PCN TV DOT COM
39:23 - TO SEE THIS WEEK'S TOPICS.
39:31 - >>NEXT ARGUMENT IS SOMEWHAT OF
39:33 - A NEW REPORT SAYS THAT IN
39:35 - MASON'S REPELLENT HIS JOB AND
39:37 - SEE HOW ARE YOU FOR POLLY IS
39:40 - DAVID EARHART.
39:43 - >>GOOD GUY
39:44 - GOOD MORNING. THIS APPEAL
39:46 - CONCERNS IT'S GOING TO WORK
39:50 - THE ADMISSIBILITY OF THE
39:51 - FOOTAGE CAPTURED BY A
39:53 - HIDDEN CAMERA. THERE WAS STORY
39:55 - OF A
39:55 - CHILDHOOD BEDROOM FOR PURPOSES
39:58 - OF MONITORING CHILDREN'S
40:00 - BABYSITTER.
40:03 - YOU CAN BEGIN YOUR ARGUMENT.
40:05 - HE'S MISTER PAST.
40:07 - >>THANK YOU YOUR HONOR MAY
40:08 - PLEASE THE COURT CHIEF DEPUTY
40:10 - DOES VARY. JOHN BASON BE
40:12 - AT ALL ISSUES IN BEFORE THE
40:15 - COURT THERE ARE 2 OF THEM
40:16 - THEY'RE FIRST IMPRESSION IN
40:19 - THIS COLUMN WILL THE FIRST
40:21 - BEING THAT WHETHER MS. MASON
40:23 - HAD A REASONABLE EXPECTATION OF
40:24 - PRIVACY IN THE CHILD'S
40:26 - SLEEPING. AND THE SECOND
40:28 - WHETHER
40:28 - IT BE SOUNDS THEY CAME FROM HER
40:31 - FORCE WE SLANDERING THE CHILD
40:33 - INTO YOUR CREDIT AND THEN GOING
40:35 - BACK.
40:40 - RECORD
40:40 - NO SOUNDS I'VE COVERED AND
40:42 - PENNSYLVANIA WIRE. WITH RESPECT
40:44 - TO THE FIRST ISSUE YEAR HONORS.
40:46 - I BELIEVE TO BE DONE.
40:50 - AIRED IN A SPECIFIC REBOUND
40:52 - NUMBER ONE, MS. MAY'S AND HAD A
40:55 - SUBJECTIVE EXPECTATION OF
40:56 - PRIVACY WHERE SHE HAD THE
40:58 - OPPORTUNITY. SHE DID TAKE THE
41:00 - STAND AND SHE DID NOT SAY I HAD
41:04 - I BELIEVE I WAS I
41:06 - BEING FOUND. I BELIEVED I WAS
41:08 - IN PRIVATE AND MY
41:10 - EMPLOYER'S HOME. THERE WAS ALSO
41:13 - OTHER SUBJECTIVE FACTORS SUCH
41:15 - AS THE B DALLY FAMILY CONTINUED
41:17 - TO QUESTION HER BODY
41:19 - SUSPECTED CHILD ABUSE WHY SHE
41:21 - DID NOT COME UP WITH ANY
41:22 - ANSWERS. THE SECOND PRONG MINE
41:24 - OUT OF MY NOW A SUSPECT
41:25 - RESPECTED THAT AT THE SECOND
41:27 - ELEMENT IS THERE EXPECTATION OF
41:29 - PRIVACY AND WHETHER IS
41:31 - REASONABLE
41:32 - IS THAT THE LOWER COURTS ERRED
41:35 - IN FINDING THAT SOCIETY AND THE
41:36 - COURT AS A WHOLE IS ACTUALLY
41:38 - READY TO RECOGNIZE
41:41 - THIS TYPE OF CLAIMED PRIVACY
41:43 - RIGHT AS REASONABLE.
41:45 - IN PENNSYLVANIA. THIS
41:46 - COURT NOR SOCIETY NOR SOCIETY
41:49 - AS A WHOLE SHOULD BE READY IS.
41:52 - WITH RESPECT TO THE
41:52 - SECOND ISSUE. YOUR HONOR.
41:56 - THESE SOUNDS COMING FROM IT.
42:02 - TRIAL BEFORE SWEET ORANGE A
42:04 - GRANT AND THEN BEING BEATEN
42:06 - OR NOT SOUNDS OR CONTEMPLATED
42:09 - WORLD COMMUNICATIONS BY THE
42:10 - WIRETAP ACT WAS ENACTED BY THE
42:12 - LEGISLATURE.
42:14 - I CERTAINLY UNDERSTAND THE
42:15 - ARGUMENT THAT YOU CAN.
42:21 - YOU CAN HAVE.
42:24 - A SOUND START.
42:27 - DIFFERENTIAL.
42:30 - THIS SPECIFIC.
42:33 - I WHERE'S THE ACE.
42:35 - AND THE JOBS FACE TO START
42:37 - WITH.
42:38 - AND THEN AFTERWARDS SHE WAS
42:39 - TALKING TO THE CHILD ABOUT
42:41 - SLEEPING SO THAT ESSENTIALLY
42:43 - AND THAT NO FURTHER MEETING
42:45 - I BELIEVE THAT THOSE SOUNDS
42:48 - FROM THE CHILD BEING FORCED TO
42:49 - LOOK. WE TRY AND. THE SOUNDS OF
42:53 - HER BEING BEATEN OR OR CAN BE
42:56 - SEPARATED ENOUGH FROM.
43:17 - >>I THINK WE'VE
43:18 - FOR SOME REASON MISTER FOUST
43:20 - SO. KEEP THE
43:22 - CASE GRUENING WERE GOT AND
43:24 - PERHAPS YOUR URINE IS SHOULD
43:25 - MOVE CROWDED JOSPIN.
43:28 - I THINK OR MISTER ERROR THE
43:30 - COUNCIL FOR THE RALLY. HE
43:32 - BACKED MR. FOSTER.
43:39 - AND YOU HEAR ME MR. YES SIR.
43:43 - WOULD YOU BUY IT WHEN YOU BEGIN
43:45 - YOUR ARE YOU MOVE.
43:47 - >>AH YES, THANK YOU. GOOD
43:49 - MONEY MISTY THERE HER HIM STEVE
43:51 - REISNER YES, TRY I'M GOOD.
43:53 - >>BEING GAY.
43:56 - >>WELL WE'LL GIVE ME A LITTLE
43:58 - TRY AGAIN MR. FAUST.
44:01 - IF DAD I CAN'T GET THIS SQUARED
44:03 - AWAY WERE YOU TRY AND THERE
44:05 - ARE.
44:11 - YEAH HE DISAPPEARED FROM THE
44:13 - SCREEN. SIR. GO AHEAD MISTER
44:15 - ERROR. THANK YOU SIR.
44:17 - >>A MOVE FORWARD ON BEHALF OF
44:18 - THAT NATION OF COURSE.
44:21 - >>I CERTAINLY DON'T WANT TO
44:22 - REITERATE MY ENTIRE BRIEF, I'M
44:24 - I'M CONFIDENT THAT THE COURT
44:25 - HAS
44:25 - REVIEWED IT. THE COUPLE POINTS
44:27 - KNOW THAT I THAT I LIKE TO MAKE
44:29 - A FIRST.
44:31 - THE ITS FREEZE IS A FAIRLY
44:34 - DISMISSIVE OF.
44:36 - >>BE.
44:37 - >>PERSUASIVE AUTHORITY AT LEAST
44:38 - WHAT I HOPE IS RECENTLY SOME
44:39 - AUTHORITY CITED BY THE SUPERIOR
44:41 - COURT FROM OUR SISTER STATES.
44:44 - AND IT SEEMS AS THOUGH THE
44:45 - BASIS OF THAT DISMISSAL
44:47 - HIS MATCH.
44:49 - >>THOSE CASES THAT DEAL
44:50 - SPECIFICALLY WITH BABY SITTERS
44:51 - AND THEIR EXPECTATION OF
44:52 - PRIVACY.
44:55 - >>OR IN THE CONTEXT OF
44:56 - GOVERNMENT SEARCHES AN
44:58 - ANNEXATION EXPECTATION OF
44:59 - PRIVACY FROM GOVERNMENT
45:00 - SEARCHES. I WOULD THAT
45:04 - AUTHORITY SHOULD STILL BE
45:05 - CONSIDERED PERSUASIVE IN FACT
45:07 - PERHAPS EVEN MORE SO UNDER THE
45:09 - CIRCUMSTANCES HERE WHEN WE'RE
45:11 - TALKING ABOUT
45:13 - CLANDESTINE RECORDINGS. FORMER
45:16 - PRIME ATTACK. I THINK
45:18 - IT'S REASONABLE
45:19 - TO THINK THAT PERSON WILL HAVE
45:22 - A FIRST NEW IS.
45:25 - SUSPECTED OF WRONGDOING EVEN
45:26 - BRATS IS GOING TO HAVE A
45:28 - HEIGHTENED LEVEL. SENSE
45:31 - OF PRIVACY WHEN THEY'RE DEALING
45:32 - WITH A PRIVATE ACT OR A FRIEND
45:34 - A FAMILY MEMBER OR EVEN
45:35 - EMPLOYED.
45:39 - BRANDON EMPLOYERS, NOT ALWAYS A
45:40 - FRIEND OR FAMILY MEMBER OF
45:41 - COURSE. BUT THEY'RE CERTAINLY
45:43 - NOT ALWAYS A GOVERNMENT ENTITY.
45:46 - I LOVE THE FDA.
45:48 - OF SOMEONE HAVING TO BE
45:49 - CONCERNED ABOUT THEIR PRIVACY.
45:52 - IS AT ITS PEAK WHEN THEY'RE
45:54 - DEALING WITH LAW ENFORCEMENT.
45:56 - SOMEONE WITH A SECRET
45:58 - WILL BE MUCH MORE INCLINED TO
45:59 - TELL THAT SECRET TO A FRIEND.
46:01 - WE'RE A FAMILY MEMBER OR AN
46:03 - EMPLOYER. ALL BEFORE THEY
46:05 - WOULD. BE SO INCLINED TO REVEAL
46:08 - IT TO A
46:09 - GOVERNMENT ACTOR. SO I DO ASK
46:12 - THE COURT TO CONSIDER THAT SEEM
46:13 - AUTHORITY THAT THIS APPEAR IN
46:14 - COURT SEEM TO FIND FORM DIDN'T
46:17 - PERSUASIVE.
46:20 - AN EXTRACT A
46:20 - PROMISE AND WILL LINGER ON IT
46:22 - BECAUSE THEY DO ADDRESS NO MORE
46:23 - ANGER TOO LONG AT ALL COULD YOU
46:25 - HAVE TO REACH A NEW YEAR WE'RE
46:26 - GOING TO TURN
46:27 - TO QUESTIONS.
46:28 - >>CERTAINLY THERE ARE MANY
46:29 - ASKED JUST THE START OF SHE HAS
46:30 - A CRUSH.
46:33 - >>THANK YOU CHIEF JUSTICE I DO.
46:36 - GOOD MORNING COUNCIL.
46:39 - IT SEEMS
46:40 - TO ME AT THIS CASE AS JUDGE
46:43 - NOW LAW ON THE SUPERIOR COURT
46:45 - KIND THIS CASE REALLY COMES
46:48 - DOWN TO WHETHER
46:50 - OR LIONS, REASONABLE
46:52 - EXPECTATION OF PRIVACY.
46:55 - >>IN.
46:55 - >>A HOME THAT SHE
46:57 - WAS WORKING AND SPECIFICALLY IN
47:00 - CHILDREN'S BEDROOMS AND
47:03 - I HAVE A HARD TIME
47:05 - UNDERSTANDING WOW SHE WOULD
47:08 - HAVE SUCH
47:09 - REASONABLE EXPECTATION OF
47:11 - PRIVACY IN THE ENTRANCE WHERE
47:13 - THE CHILDREN SLEPT.
47:15 - NOW THERE'S NO INDICATION THAT
47:16 - SHE WAS AN OVERNIGHT BLAZE THAT
47:19 - SHE WAS A NANNY WITH HER
47:21 - OWN ROOM. IF SHE WAS A STALE
47:24 - FOR DANNY. YOU HAD HER OWN
47:26 - BEDROOM AND BATHROOM,
47:27 - CERTAINLY. NO
47:29 - CONTEST HERE WITH HER
47:31 - EXPECTATION OF PRIVACY WITH
47:34 - RESPECT TO CHILDREN SLEEPING
47:37 - ROOMS. I CANNOT FATHOM
47:39 - HOW SHE WOULD HAVE A REASONABLE
47:41 - EXPECTATION OF PRIVACY AND I'D
47:43 - LIKE TO INDIA OPPORTUNITY TO
47:45 - DISSUADE ME A MOTION.
47:49 - SO IF I CAN BEGIN I JUST WANT
47:50 - TO MAKE SURE THAT I HEARD.
47:53 - >>ADVOCATE FOR FOR WHAT I
47:54 - BELIEVE IS ON THE RECORD.
47:57 - THE.
47:58 - >>THE REASON THAT THE AREA OF
48:00 - THE FLU IS TYPICALLY DESCRIBED
48:01 - AS THE CHILDREN SLEEPING AREA
48:03 - WITH IN A
48:04 - BEDROOM IS. THE RECORD DID NOT
48:08 - ESTABLISH THOSE THAT THE ROOM
48:09 - WAS ACTUALLY A CHILD
48:11 - EXCLUSIVELY.
48:15 - SETUP WAS THAT WHAT HAS TO BE
48:17 - THE NANNY CARE FOR LACK OF A
48:19 - BETTER TERM WAS PLACED ON THE
48:21 - LARGER BAD IN THE BEDROOM AND
48:23 - FACING A THE CHILD SCREAM
48:25 - NOW THAT POINT MAY NOT BE
48:26 - MOVING ON TO SOME PEOPLE.
48:29 - BUT TO ME I DO THINK IT MAKES A
48:30 - BIT OF A DIFFERENCE IN THAT IS
48:32 - NOT A ROOM EXCLUSIVELY USED FOR
48:34 - THE CHILDREN THERE WOULD BE
48:35 - ADULTS THAT WOULD BE TRAVERSING
48:37 - IN AND OUT OF THE BEDROOM, ANY
48:38 - POINT. I WAS
48:40 - OUT.
48:41 - >>SO THERE WAS NO RECORD
48:42 - EVIDENCE AT THE NANNY. SLEPT ON
48:46 - THE BED.
48:48 - >>WELL, I AGREE WITH THAT
48:48 - THAT'S CORRECT.
48:50 - BUT WHAT I WOULD
48:53 - JURORS THIS. THIS IS A HOME AND
48:55 - THIS IS A
48:55 - POLICEMAN ONE. THE HOME IS
48:58 - TRADITIONALLY THOUGHT OF THE
48:59 - BASHING OF PRIVACY, YOU KNOW IT
49:00 - WAS NOT MY CLIENTS WILL OF
49:01 - COURSE. BUT THAT DOESN'T CHANGE
49:04 - THE FACT OF IT IS A RESIDENCE
49:05 - AND IS NOT A PLACE FOR
49:07 - ADDITIONALLY THOUGHT TO
49:09 - HAVE CLANDESTINE SURVEILLANCE.
49:12 - IT WAS REPLACED OF EMPLOYMENT.
49:14 - AND CERTAINLY THERE ARE SOME
49:15 - PLACES OF EMPLOYMENT THAT WILL
49:17 - OVERTLY INFORM
49:19 - THEIR EMPLOYEES THAT THEY ARE
49:21 - BEING RECORDED. COURSE IT'S NO
49:23 - LONGER THEN SECRETLY RECORDED.
49:27 - AND ALL MY POSITION MAY JUST BE
49:29 - ONE THAT I DIFFER ON.
49:32 - THE CURRENT STATE
49:33 - OF SOCIETY WHICH IS THAT I
49:36 - DON'T THINK IT'S REASONABLE FOR
49:37 - A PERSON
49:38 - WHO IS ARGUABLY GETTING THE
49:40 - TRUST OF THE FAMILY SO MUCH SO
49:42 - THAT SHE'S REMAINED THEIR
49:43 - EMPLOYEE FOR SEVERAL MONTHS.
49:45 - SHE TAKES CARE OF THE CHILDREN
49:46 - ALL DAY INTO THE EVENING,
49:48 - 3 YOUNG CHILDREN. I DO NOT
49:51 - THINK THAT THE IDEAS ARE
49:52 - CRIMPING GREW INTO SHE WOULD
49:53 - BELIEVES SHE HAD. SUCH A HIGH
49:56 - LEVEL OF TRUST FROM THE PARENTS
49:58 - SLASH EMPLOYERS. I ALSO SUSPECT
50:01 - THAT PERHAPS THEY WERE SECRETLY
50:03 - RECORDING HER. SHOW.
50:07 - >>YES AS DONNIE YEAR.
50:09 - I CAN SO I'M.
50:11 - YOUR CLIENT I DIDN'T I
50:14 - TESTIFIED. YEAH,
50:16 - SHE BELIEVES THE AN EXPECTATION
50:20 - OF PRIVACY AND I'VE BEEN
50:22 - ANTICIPATE YOUR ANSWER YOU'RE
50:23 - GOING TO SAY.
50:25 - WELL I SHE CAN RELY ON
50:27 - CIRCUMSTANTIAL EVIDENCE BUT FOR
50:29 - EVERY ARGUMENT THAT
50:31 - YOU JUST ME I AS TO WHY SHE I'D
50:34 - BE HAPPY EXPECTATION
50:36 - OF PRIVACY. I THIS RECORD
50:38 - I IS ALL I I'M BITS AND PIECES
50:41 - OF INFORMATION THAT WOULD
50:43 - SUGGEST OTHERWISE. I'M SHE WAS
50:45 - QUESTIONED BY THE FIBER ABOUT
50:47 - WHETHER OR NOT PHYSICALLY I USE
50:50 - THE CHILDREN, I'M THAT IN AND
50:52 - OF ITSELF, I YOU KNOW WE RAISE
50:54 - A DIFFERENCE AND I ISSUE SAW
50:57 - FROM THOSE THAT USE AT FORT SO
50:59 - IS
51:00 - IT CRITICAL. IN THIS
51:02 - CIRCUMSTANCE THAT YOUR CLIENT
51:05 - HAS TESTIFIED THAT SHE AND AN
51:08 - EXPECTATION OF PRIVACY.
51:09 - >>WELL, OF COURSE MY ANSWER IS
51:10 - NO I DON'T BELIEVE THAT THAT'S
51:12 - THE BUT WHY NOT
51:14 - SO I DON'T BELIEVE THE LAW
51:16 - REQUIRES HER TO TAKE THE STAND
51:18 - AND SAY THE MAGIC WORDS.
51:20 - BECAUSE ANYONE CAN
51:22 - DO THAT WHETHER REASONABLE OR
51:25 - NOT I DO THINK IT WOULD HAVE
51:26 - BOLSTERED OUR POSITION I WON'T
51:28 - ARGUE THAT IT WOULD HAVE AS SHE
51:30 - GOT ON THE STAND AND MADE
51:31 - THAT STATEMENT. HOWEVER, THE
51:33 - FACT THAT SHE WOULD THAT SHE
51:34 - HAS A KNACK FOR TEQUILA DID
51:35 - THAT I DON'T BELIEVE THAT'S
51:36 - FIELDS WHO ARE CASE.
51:38 - >>THE IDEA WE.
51:40 - >>REALLY HOPE THE COURT
51:41 - UNDERSTANDS IS THE
51:42 - CONFRONTATION ABOUT THE
51:44 - CHILDREN
51:44 - HAVING CRUISES THE RECORD THE
51:48 - CAMO SUGGESTS THAT AND ARGUES
51:49 - THAT ALMOST AS THOUGH IT'S A
51:51 - THE GOSPEL TRUTH.
51:53 - HOWEVER, IT IS NOT UNCOMMON FOR
51:55 - PARENTS TO HAVE A DISCUSSION
51:57 - WITH. BABYSITTER ABOUT WHERE
51:59 - MARKS ON CHILDREN ARE COMING
52:01 - FROM HIS. I'M GUESSING MANY IF
52:02 - NOT ALL OF YOU KNOW YOUNG
52:04 - CHILDREN OFTEN CHARGED YOU FIND
52:06 - THEMSELVES WITH MARKS
52:07 - AND BRUISES JUST BASED ON THEIR
52:09 - DAILY ACTIVITY.
52:10 - SO IT'S NOT UNCOMMON FOR MOM OR
52:12 - DAD TO COME HOME AT THE END OF
52:13 - THE DAY AND SAY A WISE THIS
52:14 - MARCH HERE IN THIS MARK THERE.
52:16 - AND YOU KNOW THE FACT THAT MY
52:18 - CLIENT COULDN'T EXPLAIN IT,
52:20 - DOESN'T MEAN THAT SHE FAILED A
52:22 - CONFRONTATION ABOUT
52:23 - HER SUSPECTED CHILD ABUSE AND I
52:25 - WOULD SUGGEST THE FACT THAT SHE
52:27 - REMAINED EMPLOYED. WHY THESE
52:29 - PEOPLE FOR 2 MONTHS BEYOND
52:32 - THE THIS. YOU KNOW THIS
52:34 - DISCUSSION OF THE MARKS
52:36 - SUGGESTS THAT THE FAMILY REALLY
52:38 - DIDN'T CONFRONT HER ABOUT CHILD
52:41 - ABUSE SPECIFICALLY
52:43 - AND THEN RECEIVE A MONTH
52:44 - SATISFACTORY ANSWERS. THEY
52:46 - CONTINUE TO KEEP HER IN THAT
52:48 - POSITION FOR A VERY SIGNIFICANT
52:50 - AMOUNT OF TURN.
52:52 - SO I I DO THINK FROM MY
52:55 - CLIENT'S PERSPECTIVE. SHE WOULD
52:56 - HAVE THOUGHT THAT THERE WERE NO
52:57 - ISSUES THAT IS THAT IT WAS AN
53:00 - ISSUE IN THE FIRST PLACE IT HAD
53:01 - BEEN SMOOTHED OVER WAR. THE
53:04 - PARENTS GONE BEYOND.
53:05 - >>SHE HAD TO SHE DID TESTIFY
53:07 - DID YOU NOT.
53:08 - >>VERY
53:08 - BRIEFLY S.
53:10 - >>BUT YOU DIDN'T TESTIFIED THAT
53:11 - HE HAD AN EXPECTATION OF
53:12 - PRIVACY. SHE DID NOT SAY THAT
53:15 - THAT'S CORRECT. THANK YOU.
53:17 - JUST THE START TREATY.
53:21 - >>THERE IS A
53:21 - CONFLICT BETWEEN YOU AND
53:23 - HOW WELL A DO YOU AGREE THAT
53:26 - THE FATHER TERMINATED HER
53:28 - EMPLOYMENT. AFTER HE OBSERVED
53:30 - THE VIDEO.
53:35 - >>SIR I DON'T WANT TO SPEAK OUT
53:37 - OF TURN I
53:38 - WILL ADMIT. I DO FIRST OF ALL I
53:40 - DO KNOW THAT TOOK PLACE WHEN I
53:42 - I CAN'T SPEAK TO WEAR EXACTLY
53:44 - THAT IS ON THE RECORD. IF
53:46 - AT ALL. BUT I DO KNOW
53:48 - THAT MY IT'S BECOME ALL
53:51 - REFERENCES IN THEIR BRIEF THAT
53:52 - THE FATHER AFTER OBSERVING THE
53:54 - VIDEO TERMINATOR.
53:55 - >>DOES THAT NOT PRESUPPOSE.
53:58 - >>AND SHE KNEW SHE WAS BEING
54:00 - I OBSERVED. SUCH THAT SHE
54:02 - MANIPULATED THE SUSPECT SHE HAS
54:05 - NO EXPECTATION OF CRIME.
54:09 - >>OH MY I DON'T THINK IT
54:11 - ONE FACTUAL DIFFERENCE THAT.
54:16 - I I I THINK THE MEDIA AND WE
54:17 - ARGUED AS THE RECORD DOES NOT
54:20 - ESTABLISH WHEN MY CLIENT IS
54:23 - IT ALL BECAME AWARE THAT
54:25 - ACTUALLY WAS
54:26 - ACTUALLY BEING RECORDED WITH
54:28 - THE AGAIN ALL SEEN AN ATM.
54:30 - THERE IS TESTIMONY THAT AT SOME
54:32 - POINT.
54:34 - >>SHE LOOKED INTO IT MAY PUT A
54:36 - FLASHLIGHT AND SHOOK AROUND.
54:38 - I WOULD SUGGEST THAT MEANS SHE
54:40 - CERTAINLY DID NOT KNOW IT WAS
54:41 - THE HAIR AND THE TERM OF THE
54:42 - INCIDENT ISSUE. I WOULD ALSO
54:44 - SUGGEST THAT THE.
54:47 - >>THE
54:47 - TRIAL COURT MADE A FACTUAL
54:49 - FINDING THAT THE THAT THE
54:50 - EVIDENCE WAS NOT ESTABLISHED
54:52 - WHO'S AWARE OF THE PRESENCE OF
54:54 - ANY G M BEFORE THE INCIDENT
54:56 - OF ISSUE US IN THE EXACT TIME
54:57 - OF HER TERMINATION US RIGHT
54:59 - THAT I CAN SPEAK TO APOLOGIZE
55:01 - FOR THAT
55:01 - DEFICIENCY BUT I DON'T READ THE
55:04 - TERM FOR TERMINATION WOULD BE
55:06 - TO BE VERY MEANINGFUL TO THE
55:07 - ARGUMENT THAT WE'RE HAVING TO
55:08 - THAT.
55:09 - >>THEY'RE NOT. THIS IS WHACKED.
55:12 - >>IT IS TO JUST THIS COUNCIL
55:14 - GOOD MORNING. MORNING HIGH
55:15 - WIRE. THE NONVERBAL.
55:20 - THE MOST MEMORABLE SOUNDS A
55:21 - HITTING SLAPPING
55:22 - ET CETERA. WHY ARE THOSE AN
55:26 - ORAL COMMUNICATION GEAR IN THE
55:28 - STATUTE DEFINES COMMUNICATION
55:31 - IS SOMETHING 100.
55:36 - WHEN WE LOOK AT THE STATUTE.
55:37 - IT TALKS ABOUT THE ELECTRONIC
55:39 - COMMUNICATION.
55:41 - >>IT ALSO COMES AS GENERAL
55:42 - CONTENT AND IT ALSO TALKS THE
55:47 - SOLUTION OF ANY EVIDENCE THAT
55:49 - IS DERIVED FROM ENROLLED
55:52 - PATIENTS. AND I THINK THAT IT'S
55:54 - MEANINGFUL FOR THE SAME REASON.
55:56 - SAME ARGUMENT OF THE
55:57 - COMMONWEALTH. ONCE THOSE WHO
55:59 - WISH TO BE HEARD WHAT I CAN
56:00 - ALMOST PROMISE YOU IS WHAT
56:01 - THEY'RE GOING TO ARGUE AT TRIAL
56:02 - RUNS. THE CONTEXT.
56:08 - OR STATES. MADE
56:10 - ME NON FOR MORE NON WORLD
56:13 - STATEMENTS VERY MEANINGFUL.
56:16 - AND I THINK YOU CAN DERIVE.
56:19 - FROM
56:20 - THE SOUNDS. WHAT'S BEING SAID
56:23 - BY THE DEFENDERS. SO THE
56:26 - PROBLEM IS IF YOU
56:28 - ELIMINATE THE VERBAL EARL
56:30 - COMMUNICATIONS HERE. AND YOU
56:32 - LEAVE THE OTHER SOUNDS IN
56:34 - THE EVIDENCE THE JURY CAN GLEAN
56:36 - FROM THE OTHER SENSES STILL
56:37 - THERE AND THAT'S AGAIN THE
56:39 - CLIPPERS PROBABLY WHY HIS SHOES
56:40 - BEFORE YOU RIGHT NOW.
56:42 - THE COMMONWEALTH IS
56:43 - ACKNOWLEDGING THERE'S VALUE IN
56:44 - SOUNDS AS THOSE THE STATUTE.
56:47 - SO CHARTER OF JUST TESTING YOUR
56:50 - POINT ON SUPPOSE THAT NOT A
56:53 - SINGLE WORD WAS UTTERED
56:55 - SUPPOSE THE AUDIO CONSISTED
56:57 - ONLY OF THE SOUNDS. WELL WHEN
56:59 - YOUR POSITION BE.
57:04 - A SURGE
57:05 - OF MONEY THAT
57:06 - EVIDENCE CAN BE DERIVED FROM
57:08 - THE CELLS IN A SECRET COURT.
57:11 - I DO NOT BELIEVE THAT WE
57:13 - ARE ASKING THE COURT TO SAY
57:16 - THERE MUST BE
57:16 - A NEXUS BETWEEN ORAL STATEMENT
57:22 - THE OTHER. MANUEL SOUNDS
57:24 - HOWEVER IN THIS PARTICULAR
57:25 - CASE. THE CONTEXT IS WHAT IS
57:28 - GOING ON. I CAN THROW SOME
57:30 - OTHERS EXAM OTHER EXAMPLES OUT
57:31 - THERE WE'RE CONSCIOUS OF THE
57:32 - NEED FOR
57:33 - SOME AREAS. BUT I THINK THE
57:36 - POINT IS PROBABLY MADE.
57:40 - SO YOU KNOW THE THE OVERALL
57:41 - SOUND HAS
57:43 - INCREDIBLE DOWN AND THERE SOON
57:46 - THE COMMON CORE KNOWLEDGE AS
57:47 - WELL. THANK YOU.
57:50 - >>I THINK YOU JUST AS MONDAY.
57:52 - HE JUST BOUGHT.
58:00 - >>I'M NOT SURE WHAT
58:01 - THE RECORD
58:01 - REFLECTS ON THE STATUS OF YOUR
58:04 - CLIENT WAS SHE AN OVERNIGHT
58:06 - BABYSITTER DIGIT BEDROOM IN US
58:08 - PRESIDENTS.
58:09 - >>SHE DID NOT AND WAS NOT A SHE
58:11 - WAS THERE
58:11 - OFTEN TIMES FROM VERY EARLY IN
58:14 - THE THROUGH SOMETIMES LATER IN
58:16 - THE EVENING OF BOTH OF THE
58:18 - CHILDREN'S PARENTS ARE EMPLOYED
58:20 - AND. SHE WAS IN QUITE A
58:22 - SIGNIFICANT AMOUNT OF TIME
58:23 - THERE. NOT AN OVERNIGHT GUEST,
58:25 - THOUGH AT LEAST
58:26 - I DON'T NOT ONLY THE RECORD
58:28 - REFLECTS ON ANY REGULAR BASIS
58:30 - IF IT ALSO LEAVES ISN'T THE
58:32 - VALUE OF THE CASES THAT YOU'VE
58:33 - CITED FROM TEXAS AND
58:35 - CONNECTICUT.
58:36 - >>MITIGATED SOMEWHAT BY THE
58:38 - FACT THAT BOTH OF THOSE CASES
58:40 - INVOLVED A BABYSITTERS WHO IN
58:42 - FACT HAD BEDROOMS IN THE HOMES
58:44 - AND STAYED OVERNIGHT.
58:45 - >>I WELL CONCEDED IT
58:49 - AND THEN IT GOES TO THE POINT I
58:50 - MADE EARLIER CERTAINLY WOULD BE
58:52 - INCONSISTENT IF I DIDN'T AGREE
58:54 - THAT IT'S THIS MISSION.
58:56 - >>BUT.
58:56 - >>IT IS A AND IT IS IS A BIT OF
58:59 - A HYBRID.
59:01 - FACILITY BEING RESIDENTS AND
59:03 - POLICE.
59:11 - GOOD MORNING
59:11 - COUNCIL MORNING.
59:12 - >>WHY WHY DO THEY CALL THEM
59:14 - MANAGE HIM.
59:18 - >>WELL JUDGE I THINK
59:19 - ARE SITTING JUSTICE. I THINK
59:21 - THAT DAY. WHEN THEY CAME
59:23 - TO LIFE. THIS HOME SURVEILLANCE
59:26 - THESE CAMERAS MADE A BIT OF A
59:27 - SPLASH.
59:29 - >>I HAD THIS SPECULATION ON MY
59:31 - PART
59:31 - OF COURSE. BUT I'M YOU KNOW I
59:34 - THINK WHEN THEY FIRST YOU KNOW
59:35 - LIKE THEY WERE HIDDEN IN TEDDY
59:36 - BEARS.
59:38 - THEY WERE. THEY DID COME INTO
59:41 - THE POPULAR CULTURE
59:43 - CONSCIOUSNESS BECAUSE OF THE
59:46 - IDEA BUT THESE WERE CLANDESTINE
59:48 - RECORDING CERTAINLY. HOMES ARE
59:50 - BUILT BILL. IT'S WAS NOT A
59:52 - SHOCKING
59:52 - NEW IDEA. THE APPROPRIATENESS
59:55 - OR ARE THEIR PREVALENCE ON
59:56 - SURVEILLANCE AND THIS IS
59:57 - ANOTHER ISSUE.
59:58 - 560 >>A KID CAN HIT MAN IRAQ AND
01:00 - 02.810 GIVEN AND I THINK I AGREE WITH
01:00 - 03.840 YOU GIVEN
01:00 - 06.380 THE PREVALENCE PREVALENCE TO
01:00 - 08.590 SUCH AN EXTENT THAT WE HAVE
01:00 - 10.480 WITHIN THE LAST AND YEARS I
01:00 - 12.630 WOULD GUESS GIVEN A NAME TO ME.
01:00 - 15.180 I WOULD JUST THIS TIME IT SEEMS
01:00 - 15.850 TO ME
01:00 - 17.780 THAT I WOULD HAVE AN
01:00 - 19.070 EXPECTATION THAT I AM
01:00 - 21.680 ON CAMERA. I WOULD EXPECT HERE
01:00 - 23.590 IS A NANNY CAM I WOULD QUESTION
01:00 - 24.850 APPARENTLY DOESN'T HAVE A
01:00 - 27.720 NANNY. SO IT SEEMS TO ME THAT
01:00 - 29.110 THAT YOUR CLIENTS.
01:00 - 32.070 ARGUMENT HERE AND THAT SHE HAS
01:00 - 34.600 AN EXPECTATION OF PRIVACY IS
01:00 - 37.290 BELIED BY SOCIETAL NORM.
01:00 - 38.740 MANY KIDS.
01:00 - 44.200 WE'LL JUST I I ACTUALLY
01:00 - 44.750 THINK THAT.
01:00 - 47.270 >>THE IDEA THAT THEY ARE SUCH A
01:00 - 49.870 KNOWN ENTITY AND SPEAKS TO THE
01:00 - 52.220 NOTION THAT THEY ARE SOMETHING
01:00 - 54.870 SPECIAL THAT PEOPLE ARE DO NOT
01:00 - 56.000 NECESSARILY ACCEPT.
01:00 - 59.660 WE DON'T HEAR ABOUT ANY OTHER
01:00 - 00.660 TYPE OF CAMERA
01:01 - 02.570 AND IT'S THERE'S NOTHING
01:01 - 03.480 OFFENSIVE TO
01:01 - 07.170 ME ABOUT A PERSON BABIES BORN
01:01 - 09.390 AND IT'S THE IT'S THE SECRET
01:01 - 11.830 SURVEILLANCE HERE THAT IS
01:01 - 13.670 PROBLEMATIC. THIS IS WHAT
01:01 - 16.270 I BELIEVE THIS ADAMS POSTED ALL
01:01 - 18.150 THOSE CONSUL ONE WOULD ASSUME
01:01 - 19.690 THAT THEY PUT A CAMERA UP IN
01:01 - 21.070 THE CORNER OF THE ROOM IT WAS
01:01 - 21.830 POINTED AT HER.
01:01 - 24.610 >>SHE WOULD PERHAPS. KEEP THE
01:01 - 25.890 BABY SOMEWHERE ELSE.
01:01 - 28.120 TO THE LOWER RIGHT OF THE
01:01 - 28.990 CAMERAS SCOPE.
01:01 - 32.740 >>SO HOPEFULLY THAT WOULD NOT
01:01 - 34.170 BE THE INTENT OF THE PEOPLE
01:01 - 36.210 STOPPING THE YEARS INTERNAL SO
01:01 - 37.130 THAT WE WOULD MAKE THAT
01:01 - 39.360 ASSUMPTION. WHAT
01:01 - 41.270 I THINK THE REAL FUNCTION OF
01:01 - 42.070 THAT WOULD BE IF THEY WERE
01:01 - 43.450 REPORTED IN PUBLIC SUPPORT OR
01:01 - 44.500 TO HER THE COURTESY.
01:01 - 45.910 THE COMMON COURTESY OF
01:01 - 47.060 NOTIFYING HER THAT THEY RECEIVE
01:01 - 48.640 THE RECORDING HER. WHAT I
01:01 - 50.510 THINK THAT IT WOULD DO IS I
01:01 - 51.370 THINK THE FUNCTIONAL MOST
01:01 - 52.390 SURVEILLANCE IS WHATEVER THE
01:01 - 52.780 CHART.
01:01 - 55.800 A FACT YOU ONE MORE QUESTION IF
01:01 - 57.870 I MAY BECAUSE MY TIME IS SHORT
01:01 - 58.440 GIVEN THE.
01:01 - 02.830 >>STRUCTURE OF THIS. AND OF
01:02 - 05.910 COURSE JUST WHAT. WE WRITE IS
01:02 - 07.500 AS YOU KNOW FOR ALL OF
01:02 - 09.250 PENNSYLVANIA FOR ALL SCENARIOS.
01:02 - 12.350 IF YOU PREVAIL HERE DOESN'T
01:02 - 14.820 THAT GIVE LICENSES AND THE LAW
01:02 - 16.260 OF PENNSYLVANIA THAT IS
01:02 - 18.250 INVITED. YES, THE SMOKE
01:02 - 21.350 LICENSEE IN IN A HOLE CAN
01:02 - 25.190 GO THROUGH. MEDICINE CHEST AND
01:02 - 26.540 UNDERWEAR DRAWER
01:02 - 28.970 ANYTHING ELSE AND TO THE EXTENT
01:02 - 30.280 IT'S PICKED UP ON ON A
01:02 - 32.330 CLOSED-CIRCUIT CAMERA AND
01:02 - 33.530 THAT'S THE EVIDENCE OF IT IT
01:02 - 34.420 CAN'T GET IN DEVON.
01:02 - 37.430 >>NO SIR AND I THINK THE COURT
01:02 - 41.090 HAS CLEARLY RULED THE VIDEO
01:02 - 42.110 COMES IN.
01:02 - 45.650 SO I DO THINK TO THE EXTENT
01:02 - 46.940 THAT YOU'RE CONCERNED ABOUT
01:02 - 48.370 PRIVACY CONCERNS NOT HOME.
01:02 - 50.490 THERE WOULD BE VIDEO
01:02 - 52.270 SURVEILLANCE THAT IT'S IS
01:02 - 56.160 ADMISSIBLE AND THEN MY I COULD
01:02 - 57.640 NOT A GOOD POINT I APPRECIATE
01:02 - 59.020 MY CONCERNS ACTUALLY GO THE
01:02 - 01.960 OTHER WAY WHICH IS TO SAY HAS
01:03 - 03.230 IS ARE THE FLOODGATES GOING TO
01:03 - 04.450 BE OPENED IN PLACE OF
01:03 - 06.470 EMPLOYMENT TO CLAIM TO START
01:03 - 07.180 AUDI A RECORD
01:03 - 09.030 CAN I WALK INTO THE DISTRICT
01:03 - 11.760 ATTORNEY'S OFFICE AND RECORD MY
01:03 - 12.770 CONVERSATIONS WITH THEM WHEN
01:03 - 14.910 I'M SITTING IN THEIR ROOM.
01:03 - 17.260 YOU CAN MY EMPLOYER AUDIO
01:03 - 18.840 RECORD MY CONVERSATIONS IN MY
01:03 - 20.480 DESK WITH MY STAFF OR OUR
01:03 - 21.100 CLIENTS.
01:03 - 23.410 >>SHE CAN.
01:03 - 25.140 >>SOMEONE COME INTO YOUR OFFICE
01:03 - 26.420 ISN'T REPORTER YOU'RE SAYING.
01:03 - 27.890 THE IDEA THAT.
01:03 - 28.650 >>E.
01:03 - 30.160 >>A SLIPPERY SLOPE EXISTS.
01:03 - 32.050 ISRAEL BECAUSE OF THE
01:03 - 32.850 PREVALENCE.
01:03 - 33.770 >>OF.
01:03 - 35.320 >>THIS RECORDING EQUIPMENT YOU
01:03 - 37.620 CAN GO ON AMAZON RIGHT ALLAN BY
01:03 - 39.610 AND REPORTERS AND I I
01:03 - 40.670 UNDERSTAND YOUR POINT THAT
01:03 - 41.400 WOULD SUGGEST
01:03 - 42.770 THE INCLUSION.
01:03 - 44.970 >>THERE'S A DISTINCTION IS IS
01:03 - 46.660 THAT SCOTT SAID IT IS I BEGAN
01:03 - 48.730 WHEN THE NANNY CAM IN THE PENN
01:03 - 49.780 QUARTER BUT THANK YOU FOR THAT
01:03 - 50.060 ANSWER.
01:03 - 54.570 >>WHO ARE TIME IS
01:03 - 57.370 UP BY BILL YOU IF YOU HAD A
01:03 - 00.080 SENSE OR 2. BY WHERE
01:04 - 02.290 SUMMATION NOW IF NOT MORE
01:04 - 03.220 INCLUDING ARE YOU.
01:04 - 05.620 >>THANK YOU SIR JUST TO FLUSH
01:04 - 07.450 OUT MY LAST ONE. IT IS A
01:04 - 09.710 REAL CONCERN INSIDE RIGHT NOW.
01:04 - 10.640 >>WHAT.
01:04 - 13.000 >>IF ANY PRIVACY WE HAVE
01:04 - 15.900 CITIZENS AND I DO UNDERSTAND
01:04 - 17.880 THAT THE OLD ADAGE SOME AS BAD
01:04 - 19.650 FACTS MAKE BAD ALL AND I WOULD
01:04 - 21.900 AGREE THE FACTS OF THIS CASE OR
01:04 - 23.100 CERTAINLY NOT WONDERFUL FOR THE
01:04 - 24.730 DEFENSE THAT HAVING
01:04 - 26.660 BEEN SAID THERE ARE SO MANY
01:04 - 28.240 DIFFERENT VARIATIONS OF THIS
01:04 - 30.060 FACT PATTERN WE'LL BE HARMFUL
01:04 - 31.310 TO THE FABRIC OF SOCIETY
01:04 - 34.160 JUST MOVING THE SECRET
01:04 - 37.340 RECORDING FROM CHILDREN SITTING
01:04 - 38.700 AREA INTO THE BATHROOM
01:04 - 40.750 INTO AN AREA WHERE CELL PHONES
01:04 - 43.040 IS TYPICALLY USED. WHAT HAVE
01:04 - 44.450 MONUMENTAL COMPLICATIONS.
01:04 - 46.100 I DO UNDERSTAND THAT THOSE ARE
01:04 - 46.810 NOT THE FACTS OF
01:04 - 48.830 THIS CASE. I AM CONCERNED ABOUT
01:04 - 50.290 THE DOOR BEING OPENED IN THE
01:04 - 51.760 U.S. AND OUR RIGHTS AS
01:04 - 53.990 CITIZENS. THE DEMOTION FOR THAN
01:04 - 55.630 THEY ARE NOW I THINK IT'S THEIR
01:04 - 56.790 TURN CONSIDERATION.
01:05 - 02.040 >>AND COULD WE SEE WHERE WE
01:05 - 02.830 ARE RECESSED
01:05 - 04.910 MISTER FAUCI ATTORNEY FOR THE
01:05 - 06.680 APPELLANT COMMUTERS WHO ASKED.
01:05 - 10.170 >>I CAN HEAR YOUR HONOR.
01:05 - 13.120 >>OKAY WHEN WE ENCOUNTER TO
01:05 - 15.350 TAKE THE GIRLS IF ACCORDINGLY.
01:05 - 19.040 YOU'RE STARTING YOUR
01:05 - 21.720 ARGUMENT SO WE'VE HEARD FROM
01:05 - 22.880 THE APP BARELY.
01:05 - 26.120 AND I THINK YOU'VE GOT A CHANCE
01:05 - 28.350 TO OPEN YOUR ARGUMENT SO.
01:05 - 30.770 WE DO UNDERSTAND YOUR ARGUMENT
01:05 - 33.400 BECAUSE SHE IS ALWAYS WE HAVE
01:05 - 35.690 REACH BOTH PARTIES IN.
01:05 - 38.630 WE WANTED TO GIVE YOU A CHANCE
01:05 - 40.590 TO RESPOND TO ANY QUESTIONS OR
01:05 - 42.920 MIGHT HAVE. SO WE'RE GOING TO
01:05 - 45.110 SEE A THREAT VERY MUCH AT THIS
01:05 - 46.850 TIME THAT SHE HAD A QUESTION.
01:05 - 49.640 >>I KNOW QUESTIONS JUSTICE.
01:05 - 51.540 THANK YOU JUSTICE TANI YEAR.
01:05 - 52.730 YES,
01:05 - 55.360 I COUNCIL ON ARE YOU ASKING
01:05 - 58.380 NICE TO AND GOT A ON BLACK
01:05 - 01.230 LETTERS SCHOOL. I IN THIS
01:06 - 03.750 CIRCUMSTANCE I INVOLVING
01:06 - 06.580 I I ORAL COMMUNICATIONS THAT
01:06 - 07.880 TAKE PLACE WITHIN A CHILD'S
01:06 - 08.350 BEDROOM.
01:06 - 12.460 >>NO YOUR HONOR I'M NOT ASKING
01:06 - 14.260 CERTAINLY FELT GREAT. I'M RULE
01:06 - 15.710 OR ANYTHING LIKE THAT. I
01:06 - 17.120 BELIEVE THE CASE LAW COMING OUT
01:06 - 19.490 OF THIS I SUPREME COURT IN THE
01:06 - 20.260 PAST AS IT
01:06 - 22.590 RELATES TO AS A PRIVACY IN
01:06 - 24.290 AREAS SUCH AS AND WHY
01:06 - 26.590 I WAS SPECIFICALLY SAY THAT IT
01:06 - 28.200 SHOULD BE BASED ON A CASE BY
01:06 - 30.630 CASE BASIS. OK SO YOU DISAGREE
01:06 - 31.550 WITH AND THAT'S WHAT I'M
01:06 - 33.830 ADVOCATING. YOU DISAGREE WITH
01:06 - 34.720 JUDGE NOW.
01:06 - 39.480 IT TOOK A POSITION AT.
01:06 - 41.690 ANYONE WHO'S IN THE
01:06 - 42.840 CHILD'S BEDROOM.
01:06 - 45.980 >>AND SINE NO EXPECTATION OF
01:06 - 47.100 PRIVACY NECKLINE.
01:06 - 49.750 >>I WOULDN'T I WOULDN'T SAY
01:06 - 51.560 THAT I NECESSARILY DISAGREE
01:06 - 54.360 WITH THAT. I HAVE CERTAINLY
01:06 - 56.210 UNDERSTAND OR AND.
01:07 - 01.800 AND BRIGHT LINE
01:07 - 02.220 RULE UH.
01:07 - 04.430 >>YEAH, MY COMPANY GRANDMOTHER
01:07 - 05.950 WHO IS BABYSITTING HER
01:07 - 06.550 GRANDSON.
01:07 - 10.130 YOUR NEXT VACATION OF PRIVACY
01:07 - 11.770 ON THE PART OF THAT GROUP MY
01:07 - 12.460 CHILD'S BEDROOM.
01:07 - 16.230 >>I BELIEVE ON
01:07 - 18.290 THE FACTS OF THE IT WOULD JUST
01:07 - 19.490 DEPEND ON THE FACTS OF THE
01:07 - 20.000 CASE.
01:07 - 22.880 IN A GRANDMOTHER TO BE THE SOLE
01:07 - 24.520 CARETAKER AND THAT WOULD BE
01:07 - 25.990 DIFFERENT WHETHER SHE WAS JUST
01:07 - 27.890 A PERSON WHO SEES THE CHILD
01:07 - 29.460 ONCE A YEAR OK SO YOU SURE
01:07 - 31.930 YOU'RE YOU'RE ASKING US IS
01:07 - 34.470 ESSENTIALLY A PRESERVE EXISTING
01:07 - 36.040 WHY WERE YOU LOOK AT FACTS ANY
01:07 - 37.170 CASE A SPACE.
01:07 - 41.980 >>THANK HERE ARE JUST
01:07 - 44.010 A TARDY NO QUESTION.
01:07 - 48.560 THANK YOU CHIEF JUSTICE.
01:07 - 50.690 GOOD MORNING COUNCIL. WATCHING
01:07 - 52.450 AT THE STATUE COUNCIL.
01:07 - 54.760 WHY SHOULDN'T WE BE
01:07 - 56.640 ASKING WHETHER MASON HAD A
01:07 - 58.660 JUSTIFIED EXPECTATION THAT HER
01:07 - 00.440 COMMUNICATIONS WERE NOT BEING
01:08 - 03.230 INTERCEPTED WHY ISN'T THAT THE
01:08 - 05.390 INQUIRY. WHY DO WE
01:08 - 08.130 CARE WHETHER THIS NANNY HAD A
01:08 - 09.640 BROAD EXPECTATION OF
01:08 - 14.110 PRIVACY IN NOVI HOUSE OR IN
01:08 - 16.540 MIND. CHILD'S BEDROOM. AS IN
01:08 - 17.820 THIS CASE ILLUSTRATES.
01:08 - 19.560 WE OUGHT TO BE THINKING ABOUT
01:08 - 20.720 THE WORDS OF THE STATUTE.
01:08 - 22.830 ABOUT THE EXPECTATION OF
01:08 - 24.770 INTERCEPTION RATHER THAN HER.
01:08 - 26.260 A CONSTITUTIONAL RIGHT TO
01:08 - 27.040 PRIVACY.
01:08 - 29.420 I
01:08 - 30.590 DO AGREE.
01:08 - 32.560 >>I'M GOING TO LEAVE THAT THOSE
01:08 - 34.780 2 THINGS ARE UPSET WITH HER I'M
01:08 - 37.420 IT THERE. JUNE HAS SAID WE CAN
01:08 - 38.890 SEPARATE THEM ARE.
01:08 - 46.300 >>I THINK YOU'RE JUST
01:08 - 48.530 AS MONDAY. NO QUESTIONS.
01:08 - 50.400 THAT'S THE SQUARE.
01:08 - 54.930 >>FOLLOWING UP ON JUSTICE
01:08 - 55.560 THOMAS WHO.
01:08 - 00.270 >>HOW IMPORTANT IS IT TO THIS
01:09 - 01.960 CASE THAT.
01:09 - 02.940 >>THE.
01:09 - 03.930 >>FATHER.
01:09 - 06.020 >>RECEIVED COMPLAINTS OF
01:09 - 08.090 CORPORAL PUNISHMENT FROM ME
01:09 - 11.000 RATHER OLDER BROTHER AND THEN
01:09 - 12.980 IN FRONT OF THE BABYSITTER
01:09 - 15.350 ARGUABLY PUTTING HER ON SOME
01:09 - 16.450 NOTICE THAT SHE WAS
01:09 - 18.530 A BIT DOES THAT MAKE ANY
01:09 - 20.920 DIFFERENCE OR AS I PAUSE IT
01:09 - 23.190 EARLIER IS THE FACT THAT WE ALL
01:09 - 25.650 KNOW WHEN A NANNY CAM IS WE BUY
01:09 - 27.550 THEM WE ALL HAVE THEM ENOUGH.
01:09 - 31.370 >>I BELIEVE THAT BOTH OF THOSE
01:09 - 32.960 FACTS ARE EXTREMELY IMPORTANT
01:09 - 34.910 TO THIS CASE, I'M MICHAEL
01:09 - 36.890 IN THAT THE GENERAL KNOWLEDGE
01:09 - 39.210 THAT MANY CAMERAS OR SO
01:09 - 41.150 GENERALLY ACCESSIBLE TO THE IN
01:09 - 42.290 THE GENERAL PUBLIC WE CAN GET
01:09 - 44.390 ON AMAZON OR ANY OTHER BLACK BY
01:09 - 45.630 ONE. THEY HAVE IT YOU'RE
01:09 - 48.050 NEXT DAY. BUT IN ADDITION TO
01:09 - 49.710 THAT YOU'VE GOT YOU THEN TAKE
01:09 - 51.010 THAT KNOWLEDGE WITH THE
01:09 - 51.820 KNOWLEDGE THAT THERE HAVE
01:09 - 53.750 ALREADY QUESTIONED US THIS
01:09 - 55.440 NEWS. I BELIEVE THAT PUTS IT
01:09 - 56.860 OVER THE BACK THAT THERE CAN BE
01:09 - 58.340 NO SUBJECTIVE EXPECTATION.
01:09 - 00.660 I HAVE NEITHER SECTION PRICE.
01:10 - 01.580 >>ALL RIGHT.
01:10 - 03.210 >>THANK YOU. JEANNE, THANK YOU
01:10 - 05.740 DO HAVE A WERNER TO BY WAY OF
01:10 - 06.520 SUMMATION.
01:10 - 09.380 >>JUST VERY
01:10 - 11.470 BRIEFLY YOUR HONOR I WOULD AS
01:10 - 12.800 THIS COURT TO REVERSE THE
01:10 - 14.010 EXPRESSION COURT.
01:10 - 16.860 >>I'M WITH RESPECT TO B
01:10 - 18.860 I'M REASONABLE EXPECTATION OF
01:10 - 20.730 IS MASON. I THINK IT'S CLEAR
01:10 - 21.820 THAT IN ON THE FACTS OF THE
01:10 - 22.230 CASE.
01:10 - 23.930 >>HE DID NOT HAVE A REASONABLE
01:10 - 25.200 EXPECTATION OF PRIVACY.
01:10 - 27.500 NOR SHOULD AND THE FACTS OF THE
01:10 - 29.350 CASE THIS COURT BE WILLING TO
01:10 - 31.440 I'M THAT COULD BE SIDE OF THE
01:10 - 33.780 EXCEPTION. AND SECONDLY HONOR
01:10 - 36.370 THE COURT RULINGS BEYOND THAT A
01:10 - 38.360 SPECIFIC ISSUE I WOULD ASK THE
01:10 - 39.590 COURT TO PERMIT
01:10 - 41.900 B. NOW I'M TERRIBLE NON
01:10 - 43.790 COMMUNICATION SOUNDS FROM HER
01:10 - 45.710 OR SIMPLY SIGN A JOB AND TO
01:10 - 47.110 GRAHAM AND THEN BEATING A
01:10 - 49.280 CHILD. THERE'S THE ADMISSIBLE
01:10 - 51.130 BECAUSE THOSE ARE I
01:10 - 52.980 THE STATE. HER WORK.
01:10 - 55.420 >>THANK YOU, THANKS TO BOTH OF
01:10 - 56.490 YOU AND THAT CONCLUDES YOUR
01:10 - 57.570 ARGUING THAT CASE
01:10 - 01.090 WILL STAND DOWN TILL 11 O'CLOCK
01:11 - 03.060 WHICH WILL I WILL COMMENCE
01:11 - 05.330 ARGUMENT A MEDIA. HER CASE TO
01:11 - 07.320 THE DAY JOHN Q. THANK YOU.
01:11 - 08.260 THANK YOU.
01:11 - 11.370 >>DURING THE UNCERTAIN TIMES
01:11 - 12.000 BROUGHT ON BY THE
01:11 - 13.980 CORONAVIRUS OUTBREAK PCN
01:11 - 15.510 REMAINS COMMITTED TO THE NEEDS
01:11 - 17.070 OF PENNSYLVANIA AND ITS PEOPLE
01:11 - 19.120 PC AND PROVIDES FREE DAILY
01:11 - 20.600 CORONAVIRUS UPDATES FROM
01:11 - 21.530 GOVERNOR WOLF AND THE
01:11 - 22.830 DEPARTMENT OF HEALTH SECRETARY
01:11 - 24.480 DOCTOR LEVINE LIVE
01:11 - 26.140 ON HERE AND STREAMING ON THE
01:11 - 27.280 APP AND ONLINE.
01:11 - 28.910 THESE UPDATES WILL BE AVAILABLE
01:11 - 30.590 TO WATCH IN THEIR ENTIRETY ON
01:11 - 31.600 DEMAND FOR FREE
01:11 - 33.940 BY DOWNLOADING THE PCN APP OR
01:11 - 36.110 AT PCN TV DOT COM
01:11 - 38.220 PCN COMMUNITY TO KEEPING
01:11 - 39.550 PENNSYLVANIA INFORM.
01:11 - 42.210 >>NEXT
01:11 - 44.440 ARGUMENT ISN'T IN RATES ALL THE
01:11 - 46.090 BILLS TOOK HER TESTER OAKLAND
01:11 - 48.220 SCHOOL BUSINESS. WHERE THE
01:11 - 49.370 MEDIA PALANCE IS
01:11 - 52.340 ROBERT FIRE IN PRESENTING ON
01:11 - 53.980 HOW WE TRY TESTER WAS DUMB
01:11 - 56.970 VOICE REPRESENTING DISTRICT ONE
01:11 - 58.430 IS IT. IT WILL BE IMPORTANT.
01:12 - 02.460 >>I DID MORNING AND MISTER
01:12 - 05.590 ISSUE IN THIS APPEAL IS WHETHER
01:12 - 08.010 THE INCOME GENERATED BY LAND.
01:12 - 09.950 ON WHICH WOULD GO BOARD
01:12 - 13.350 IS LOCATED MAY BE IN
01:12 - 16.100 THE CALCULATIONS A FAIR MARKET
01:12 - 17.630 VALUE FOR THE PURPOSES OR
01:12 - 19.490 PROPERTY TAX SHEP SMITH.
01:12 - 22.470 >>GOOD MORNING MISTER CHIEF
01:12 - 23.790 JUSTICE AND MAY IT PLEASE THE
01:12 - 25.610 COURT. SECTION
01:12 - 28.520 8.11 BEFORE OF THE CONSOLIDATED
01:12 - 29.960 CHANNEL TO ASSESS THE LAW.
01:12 - 32.370 US LEE MANDATES.
01:12 - 34.740 NO SIGN OR SIGN STRUCTURE
01:12 - 36.440 PRIMARILY USED TO SUPPORT OR
01:12 - 39.080 DISPLACE ON SHALL BE ASSESSED
01:12 - 40.280 THAT'S REAL PROPERTY.
01:12 - 42.430 THIS LANGUAGE MEANS THE
01:12 - 44.160 BILLBOARDS ARE NOT REAL ESTATE
01:12 - 46.530 AND CLUES ALL 3 METHODS OF
01:12 - 47.680 ASSESSMENT UNDER SECTION
01:12 - 50.440 8.42. IT DOES NOT CREATE AN
01:12 - 52.040 EXCEPTION ALLOWING THE INCOME
01:12 - 52.540 ROCHE.
01:12 - 55.340 ASSESSMENT ASSESSING LAND BASED
01:12 - 57.010 ON INCOME FROM BILL KORTZ
01:12 - 59.360 NECESSARILY ASSESSES THE VALUE
01:12 - 59.500 OF
01:12 - 01.920 THE WORKS. JUST AS AN INCOME
01:13 - 03.310 APPROACH ASSESSMENT OF LAND
01:13 - 05.700 WITH OFFICE BUILDING. JUSTICES
01:13 - 06.720 VALUE OF THE BUILDING.
01:13 - 08.890 THE COMMONWEALTH COURT'S
01:13 - 10.610 DECISION NOT ONLY ALLOWS WITH
01:13 - 12.680 THE STATUTE EXPRESSLY PROHIBITS
01:13 - 14.830 IT CANNOT BE SQUARED WITH THIS
01:13 - 17.250 COURT'S DECISIONS ISSUE FROM
01:13 - 19.030 BRULEE THIS COURT DECIDED THAT
01:13 - 20.250 THE MACHINERY AND EQUIPMENT
01:13 - 23.180 EXCLUSION IN A T 11 BE ONE.
01:13 - 25.400 ROHIT INDIRECTLY
01:13 - 27.490 EXCLUDING IT ASSERTED
01:13 - 29.370 INDIRECTLY BEING EXCLUDED, I
01:13 - 31.230 GUESS. AND IF
01:13 - 32.500 THE SCHOOL DISTRICTS HERE WERE
01:13 - 35.020 CORRECT. IN THIS COURT'S 2002
01:13 - 36.720 DECISION IN INDEPENDENT OIL AND
01:13 - 37.930 GAS ASSOCIATION.
01:13 - 39.850 THESE MEETINGS BECAUSE THE
01:13 - 42.030 ASSESSMENT COULD BE ACE ON THE
01:13 - 44.420 INCOME TO THE LANDOWNER OIL AND
01:13 - 46.530 GAS LEASES EVEN THOUGH THE OIL
01:13 - 48.020 AND GAS VERSUS OF.
01:13 - 50.380 COMMONWEALTH COURT'S DECISION
01:13 - 52.040 CREATE SPLITS IN CONSISTENCIES
01:13 - 52.340 WITHIN
01:13 - 53.930 THE STATUTE. IN RED ARE
01:13 - 55.910 STATUTORY TEXAS SURPLUS.
01:13 - 59.090 THERE IS NO TEXTUAL BASIS
01:13 - 00.820 INCOME APPROACH ASSESSMENTS.
01:14 - 02.870 WE EXCLUDED PROPERTY AND ARE
01:14 - 05.840 ONLY SECTION 8.11 BEFORE.
01:14 - 08.070 AND NOT UNDER OTHER SUBSECTIONS
01:14 - 11.060 OF 8811 BE. BUT THIS COURT
01:14 - 12.840 SCHAFFER BREWING. ALREADY
01:14 - 14.000 ANSWERED THAT QUESTION FOR
01:14 - 15.880 MACHINERY AND EQUIPMENT AND ARE
01:14 - 17.940 BEING WANT. AND THE SCHOOL
01:14 - 19.890 DISTRICTS WERE CORRECT. IT WAS
01:14 - 21.200 WHOLLY UNNECESSARY FOR THE
01:14 - 23.150 GENERAL ASSEMBLY. THE CRAFT
01:14 - 25.070 LANGUAGE EXPRESSLY ALLOW INCOME
01:14 - 26.540 APPROACH ASSESSMENT LAND.
01:14 - 28.530 IT'S ENDING WITH GENERATORS
01:14 - 30.500 UNDER SUBSECTION B FOSSE.
01:14 - 34.000 OUR POSITION DOES NOT RESULT IN
01:14 - 35.890 THE LAND ITSELF BEING EXCLUDED
01:14 - 37.690 FROM ASSESSMENT AS THE SCHOOL
01:14 - 38.860 DISTRICTS ARE OBVIOUSLY
01:14 - 40.900 CONTENT. OUR POSITION
01:14 - 42.790 IS THAT TO HIS BUSINESS SENSE.
01:14 - 43.850 THE GENERAL
01:14 - 45.990 ASSEMBLY REQUIRES BUT THE LAND
01:14 - 47.760 THE VALUE WITHOUT REPORTED
01:14 - 49.250 INCOME FROM THE COURT ON
01:14 - 49.630 PROPERTY.
01:14 - 53.210 WILL BEGIN
01:14 - 55.480 QUESTIONING WITH A JUSTICE TANI
01:14 - 55.760 HERE.
01:14 - 58.160 >>I THINK THE TEA. GOOD
01:14 - 59.490 MORNING. MISTER BUYER, GOOD
01:14 - 01.060 MORNING. I
01:15 - 03.250 I HAVE TO BE JUST STARTING OUT
01:15 - 06.270 BY SAYING ON I I DISAGREE WITH
01:15 - 07.540 YOU AND LET ME TELL YOU WHY.
01:15 - 10.460 I'M LOOKING AT THIS STATUTE.
01:15 - 11.830 THE EXCEPTION THAT WE'RE
01:15 - 13.440 TALKING ABOUT AND MAYHEM TO
01:15 - 15.830 READ IT TOO MANY TIMES. BUT IT
01:15 - 17.980 SEEMS CLEAR ON ITS FACE
01:15 - 20.560 THAT ONE IS EXCLUDED FROM
01:15 - 22.860 TAXATION OR WEIGHT IS EXCEPTED
01:15 - 24.330 FROM TAXATION COULD BE MORE
01:15 - 25.110 PRECISE.
01:15 - 28.120 OR IS THE SIGN OR THE
01:15 - 30.520 SIGN STRUCTURE. IT DOES
01:15 - 33.230 NOT SAY THE SIGN OR STAFF SIGN
01:15 - 35.470 STRUCTURE AND THE GROUND ON
01:15 - 36.010 WHICH IT
01:15 - 39.090 DOES PLACE AND YOUR YOUR
01:15 - 41.190 INTERPRETATION OF THE STATUTE.
01:15 - 43.860 DO WE NOT HAVE TO READ THAT
01:15 - 45.950 LANGUAGE AND A GROUND ON WHICH
01:15 - 47.250 TO DISPLACE THROUGH SOMETHING
01:15 - 49.050 SIMILAR TO THE EYE INTO THIS
01:15 - 51.610 EXCEPTION. AND IS IN YOUR
01:15 - 53.570 ARGUMENT IN DIRECT
01:15 - 57.530 CONTRAVENTION OF OUR LIKE
01:15 - 00.320 INCLUDING ONE COUNT. IN WHICH
01:16 - 01.460 WE HAVE NOW.
01:16 - 05.390 GRAHAM LEE SAYS NEED TO BE
01:16 - 07.840 TAKEN INTO ACCOUNT IN THE
01:16 - 10.780 VALUATION OF THE REAL PROPERTY
01:16 - 13.350 HELD BY THE CASKET. YOUR
01:16 - 15.790 HONOR THE LANGUAGE THAT YOU'RE
01:16 - 17.110 SUGGESTING THAT WE'RE NOT
01:16 - 18.170 SUGGESTING BE.
01:16 - 20.400 >>IN ALL IN THE STASH IT.
01:16 - 24.930 WE HAVE NO PROBLEM AND BEING
01:16 - 26.930 TAXED THE QUESTION IS HOW DO
01:16 - 28.450 YOU VALUABLE AND HOW TO USE A
01:16 - 32.170 SPOON. SECTION 11
01:16 - 34.260 THE IS AN EXCLUSION
01:16 - 35.480 PROVISION THAT SAYS THAT THE
01:16 - 37.200 BILLBOARDS CANNOT BE.
01:16 - 40.310 INCLUDED WITHIN THAT LAND EVEN
01:16 - 41.200 THOUGH THEY'RE ON THE WAY
01:16 - 43.500 YOU WOULD VALUE GOING TO BE
01:16 - 44.820 LISTENING TO THE EXCLUSION.
01:16 - 46.850 WE'RE NOT THERE. LET'S ASSUME
01:16 - 47.680 THAT YOU COULD
01:16 - 50.400 TAX LAND CONTINUE BILL WOULD
01:16 - 52.010 YOU DO IT PRECISELY THE SAME
01:16 - 53.960 WAY AS THE SCHOOL DISTRICTS ARE
01:16 - 56.920 PROPOSING HERE. YOU KNOW AND HE
01:16 - 58.470 WOULD HAVE TO BILLBOARDS YOUTH
01:16 - 00.050 EMPLOYMENT INCOME APPROACH.
01:17 - 02.540 I'M IN THE SAME PROPERTY WHICH
01:17 - 02.960 IS WHY WE'RE
01:17 - 06.290 SAYING THAT BY EXCLUDING THE
01:17 - 07.680 BILLBOARDS. THE GENERAL
01:17 - 09.330 ASSEMBLY MEANT TO EXCLUDE THESE
01:17 - 11.330 AS REAL ESTATE, HE ASSESSED
01:17 - 12.800 AT ALL YOU CAN
01:17 - 14.600 ASSESS FULLY AND WITHOUT
01:17 - 16.240 ASSESSING THE INCOME OR THE
01:17 - 19.040 VALUE. THE BILLBOARDS WE THINK
01:17 - 22.490 1 ONE TO CASES THE STEERING
01:17 - 24.960 WHEEL BECAUSE THAT'S UNDER
01:17 - 26.000 EVERYTHING IS EVERYTHING THERE
01:17 - 26.380 IS UNDER
01:17 - 28.800 8811 DAY. OH AND HE WAS UNDER
01:17 - 32.790 AS IT WAS IN FACT IN ONE ATTACK
01:17 - 34.230 THE ONLY QUESTION WAS WHETHER
01:17 - 35.230 YOU COULD INCLUDE
01:17 - 39.610 WHO DOES WITHIN THE SCOPE WHAT
01:17 - 42.760 IS TAXABLE BUILDINGS OF COURSE
01:17 - 44.950 ARE ALSO INCLUDED WAS IN THE 80
01:17 - 46.670 LOOKING AT. SO WE SEE NO
01:17 - 49.100 CONFLICT BETWEEN THAT AND WE
01:17 - 50.050 THINK THAT THE CONFLICT
01:17 - 52.250 HISTORY. WHEN ONE READS THE
01:17 - 54.380 STATUTE AS A WHOLE WITH RESPECT
01:17 - 55.850 TO 8842
01:17 - 57.440 WHICH IN WHICH TELLS YOU YOU
01:17 - 59.380 CAN ASSESS USING 3 METHODS.
01:17 - 01.930 INCOME IS NOT ACCESSIBLE.
01:18 - 03.760 AS ANY COME THIS IS A REAL
01:18 - 05.410 ESTATE STATUTE. ONE OTHER NOTE
01:18 - 06.320 INCOMES THAT
01:18 - 08.670 SO INCOME IS JUST ANOTHER
01:18 - 10.190 METHOD OF THIS OF ASSESSING
01:18 - 12.010 LAND. IF YOU INCLUDE THE INCOME
01:18 - 13.870 FROM THE BILLBOARD 2 SINGLE
01:18 - 14.130 WORD.
01:18 - 20.550 >>I THANK YOU I STILL DISAGREE
01:18 - 21.290 WITH YOU BUT THANK YOU
01:18 - 23.360 FOR YOUR ANSWER NOTHING ELSE.
01:18 - 27.850 DOUGHERTY QUICK.
01:18 - 30.190 >>QUICK QUESTION IF PACKING
01:18 - 32.210 AUTHORITY CANNOT PACK, THE
01:18 - 35.300 RENTAL INCOME. IT AFFECTS MEN.
01:18 - 39.230 THEN HOW DO YOU SUPPOSE THAT.
01:18 - 40.700 THE
01:18 - 42.890 SUBJECT PROPERTY WOULD BE
01:18 - 44.250 ASSESSED FOR ITS ACTUAL VALUE.
01:18 - 46.250 >>WELL IT WOULD BE ASSESSED.
01:18 - 48.570 ACTUAL VALUE WOULD HAVE TO BE
01:18 - 50.040 THE VALUE OF THE ACTUAL VALUE
01:18 - 51.640 EXCLUDING THOSE THINGS GENERAL
01:18 - 52.660 ASSEMBLY IS DIRECTLY
01:18 - 55.840 EXCLUDED. SO YOU WOULD NEED TO
01:18 - 59.200 PRESERVE ASSESSOR THEY WOULD
01:18 - 01.130 VALUE THE PROPERTY ACCORDING TO
01:19 - 03.380 MS. FAIR MARKET VALUE THAT
01:19 - 04.030 BACKING OUT OF
01:19 - 06.690 THE CONSIDERATION. SIDE IT'S
01:19 - 07.420 TELL YOU HAVE
01:19 - 10.180 ANY AWARD OR A BILL OR
01:19 - 11.330 STRUCTURE ON IT
01:19 - 12.680 THAT WOULD BE A SUBJECT FOR
01:19 - 14.270 EXPERT TESTIMONY IN THE TRIAL
01:19 - 15.870 COURT OR NOT THE GUY SHE
01:19 - 17.830 STATES YEAR THAT'S SOMETHING
01:19 - 19.230 THAT THE TRIAL COURT DETERMINED
01:19 - 20.580 BASED CLINICS WERE JUST.
01:19 - 24.630 THAT'S RIGHT. THANK YOU
01:19 - 26.230 TO JUSTICE GOOD MORNING, MISTER
01:19 - 27.800 BUYER PREGNANCY LOOKING SO
01:19 - 29.570 HEALTHY. THANK YOU JUST FOR
01:19 - 32.830 I WONDER IF YOUR ARGUMENT.
01:19 - 35.490 THIS SORT OF A LITTLE BIT LIKE
01:19 - 37.040 PAIN IS ATTENTION TO THAT MAN
01:19 - 38.040 BEHIND THE CURTAIN.
01:19 - 41.010 SO WE HAVE THIS PARCEL OF LAND
01:19 - 42.570 SUPPOSEDLY A PARCEL OF LAND
01:19 - 45.260 THERE FOR. 75 YEARS.
01:19 - 46.750 HAS
01:19 - 48.450 BEEN USED FOR NOTHING THAT
01:19 - 48.990 BILLBOARD.
01:19 - 52.480 IT WOULD HAVE NO VALUE AT ALL
01:19 - 53.410 THAT OUT OF WORK.
01:19 - 58.560 THE GROUND RENTS RATHER THAN
01:19 - 01.940 TO BILLBOARD. CAN GENERATE.
01:20 - 05.930 HOW CAN IT BE CONSISTENT WITH
01:20 - 08.740 THE ECONOMIC REALITY. SNOW WE
01:20 - 11.700 WOULD ASK AND PRAISING ENTITY.
01:20 - 16.210 TO TRY TO FIGURE OUT WHAT THAT
01:20 - 17.430 PROPERTY WOULD FETCH IN THE
01:20 - 17.950 MARKET.
01:20 - 21.710 WHERE THERE WAS NEVER GOING TO
01:20 - 22.970 BE A BILL ON THAT PROPERTY.
01:20 - 25.850 IN OTHER WORDS. THIS ISN'T YOUR
01:20 - 29.260 ARGUMENT. WHOLLY INCONSISTENT.
01:20 - 33.920 ECONOMIC REALITY WITH HOW THE
01:20 - 35.530 MARKET WORKS WITH THE REAL
01:20 - 37.470 WORLD. IT'S HIS
01:20 - 39.470 PASSION ALL. WELL YOU ARE FIRST
01:20 - 41.490 OF ALL SO GENERAL ASSEMBLY WHO
01:20 - 43.640 SET THE RULE DECISION SKATES
01:20 - 45.380 THIS IS NOT SOMETHING THE COURT
01:20 - 46.480 WOULD BE DOING IS NEED
01:20 - 49.070 SOMETHING NEW WHERE ARE AS A
01:20 - 50.380 LANDOWNER JUST TO CREATE
01:20 - 51.910 SOMETHING NEW. THIS WAS THE
01:20 - 53.530 GENERAL ASSEMBLY'S CONSTRUCT
01:20 - 55.480 AND THE A'S WE'VE TOLD THE
01:20 - 57.490 COURT REALLY JOE THE GENERAL
01:20 - 58.950 ASSEMBLY WAS COGNIZANT OF
01:20 - 02.030 THIS ISSUE. THE ECONOMIC
01:21 - 03.930 REALITY TEST YOUR HONORS FROM 4
01:21 - 05.620 UNTIL HE COMES OUT OF THIS IS
01:21 - 07.800 LIKE CHECK ONE. INDIA
01:21 - 10.290 MORE CASE AND A
01:21 - 12.330 POTENTIALLY A YEAH THAT'S
01:21 - 13.980 ECONOMIC REALITY IS VIEWED IN
01:21 - 15.300 THE CONTEXT OF WHAT THE GENERAL
01:21 - 16.840 ASSEMBLY HAS SAID IT
01:21 - 19.770 IS TAXABLE THE STATUE. THE
01:21 - 21.230 ROCKET IS ALL HURT.
01:21 - 24.630 HE WAS RESPECTED
01:21 - 27.010 88 WE TOO AUTHORIZES 3
01:21 - 28.510 DIFFERENT METHODS OF RACHEL
01:21 - 30.690 VERSUS 2. IN ADDITION
01:21 - 33.850 SOME SECTIONS OF 8.11 HAVE TO
01:21 - 36.590 BE IMPAIRMENT SYRIAN EACH OTHER
01:21 - 37.880 AND SO
01:21 - 41.520 IN 8811 BE 5 FOR EXAMPLE, THE
01:21 - 43.240 GENERAL ASSEMBLY HAS SAID WHEN
01:21 - 45.430 IT IS YOU CAN TAKE
01:21 - 49.460 THE RENTALS YEAH PAYMENTS
01:21 - 51.410 INTO ACCOUNT INVOLVED IN A
01:21 - 54.910 GROUND LEASE OR WINTER BALL
01:21 - 56.660 THROWN INTO A GENERAL.
01:21 - 59.170 DOESN'T MEAN THAT THE GENERAL
01:21 - 00.570 ASSEMBLY SAID THAT ON ONE
01:22 - 02.320 SECTION AND NOT UNDER ENOUGH
01:22 - 04.100 SUBSECTION OF THE SAME STATUTE.
01:22 - 06.600 YOU HAVE TO READ THIS IS A
01:22 - 08.460 WHOLE IS THE WORK INSIDE OR
01:22 - 09.820 OTHERS AND.
01:22 - 12.850 THE REALITY IS THE REALITY OF
01:22 - 14.860 THE GENERAL ASSEMBLY'S CREATE
01:22 - 17.310 AS TO WHO KNOWS.
01:22 - 20.380 IT SOMEONE HAS A QUIBBLE WITH
01:22 - 22.120 THAT RULE IT HAS TO COME THE
01:22 - 22.790 GENERAL ASSEMBLY.
01:22 - 26.410 YES AND MONDAY.
01:22 - 33.270 >>I'M I'M CURIOUS IF THE FACTS
01:22 - 33.460 OF
01:22 - 36.200 THE SPECIFIC. LEE SAYS IF THEY
01:22 - 38.480 EXIST TO THE EXTENT THEY EXIST.
01:22 - 39.810 IMPLICATE.
01:22 - 43.220 >>IT WAS IHSAN ON THIS MATTER.
01:22 - 45.820 FOR EXAMPLE I THINK THERE'S.
01:22 - 48.830 SIGNS THAT ARE BY POLICE.
01:22 - 49.760 I THINK THERE
01:22 - 51.680 MAY BE SIGNS THAT ARE IN
01:22 - 53.080 EXISTENCE BY EASEMENT.
01:22 - 57.640 AND IT OCCURRED TO ME THAT
01:22 - 58.740 PERHAPS SOME OF
01:22 - 02.930 THESE SIGNS THE LEASES ARE THEY
01:23 - 06.580 PURPOSE OF THE SIGN STRUCTURE
01:23 - 07.910 VERSUS A
01:23 - 10.180 IF AGO GROUND RENT SCENARIO
01:23 - 12.110 WHERE YOU'RE RUNNING THE.
01:23 - 15.290 >>EARTH THAT'S WHERE THE SIGN
01:23 - 17.450 HIS PLACE. IF YOU COULD JUST
01:23 - 19.770 BRIEFLY ADDRESSED THAT TELL ME
01:23 - 21.250 WHETHER I'M CRAZY OR WHETHER
01:23 - 22.510 THAT MIGHT HAVE SOME BEARING
01:23 - 24.230 YOU'RE NOT CRAZY OR.
01:23 - 32.840 THE QUESTION OF WHETHER IT HAS
01:23 - 33.060 ANY
01:23 - 34.010 BEARING UP.
01:23 - 36.200 >>IN RELAY STUDENT PROCEDURAL
01:23 - 38.240 AUSTER THESE CASES THERE ARE 26
01:23 - 40.120 CASES SOLID IT IN
01:23 - 42.860 A TRIAL COURT JUDGE FOR DEALT
01:23 - 44.370 WITH WHAT HE CONSIDERED TO BE
01:23 - 46.790 THE OVERARCHING OF LEGAL ISSUE
01:23 - 49.250 AFFECTING ALL THE CASES CAN YOU
01:23 - 51.090 TAKE THIS INTO ACCOUNT. EVERY
01:23 - 52.820 CIRCUMSTANCE KNOW THE
01:23 - 55.050 CIRCUMSTANCES OF THESE 26 CASES
01:23 - 56.860 INSURERS INDICATED THERE.
01:23 - 58.350 IN SOME OF THESE CASES
01:23 - 00.390 FOR EXAMPLE. THE BILLBOARD
01:24 - 02.500 COMPANY OWNS THE LAND ITSELF IN
01:24 - 04.500 SEA AND THE WAR ON ITS OWN
01:24 - 06.820 PROPERTY. IN SOME OF THESE
01:24 - 08.910 CASES THERE'S AN EASE SOME OF
01:24 - 11.180 THESE CASES IT'S A IT'S A
01:24 - 12.910 RENTAL OR A GROUND LEASE.
01:24 - 14.830 IN WITH JUDGE FOR
01:24 - 17.370 GOLD IN WHAT WE BELIEVE IS TO
01:24 - 18.470 BE A CORRECT READING THE
01:24 - 20.060 STATUTE EASE THE OTHER
01:24 - 20.890 SITUATIONS
01:24 - 22.430 REALLY MATTER IN ALL THE
01:24 - 24.000 SITUATIONS WHEN YOU'RE DOING
01:24 - 26.430 THE ASSESSMENT. YOU HAVE TO DO
01:24 - 27.610 IT WITHOUT REGARD
01:24 - 31.040 PRESENCE FOR THE POTENTIAL
01:24 - 33.100 PRESENCE. I WAS SIGN OR SIZE
01:24 - 35.700 STRUCTURE. ONCE YOU GET INTO
01:24 - 36.920 VALUATION BASED
01:24 - 38.770 ON THAT YOU'VE GOT TO THE AREA.
01:24 - 40.060 THE GENERAL ASSEMBLY IS
01:24 - 40.600 DIRECTING
01:24 - 43.950 BE EXCLUDED. SO WE DON'T SEE
01:24 - 44.900 WHERE THAT COULD MAKE A
01:24 - 48.390 DIFFERENCE IN TERMS HOW THIS
01:24 - 49.300 COURT TO PROTEST THE
01:24 - 51.550 LEGAL ISSUE. THE ISSUE IS WHAT
01:24 - 53.350 CAN BE TAXED AND WHAT CAN BE
01:24 - 55.850 TAXED. YOU'RE A SECTION 8.11.
01:24 - 00.240 THANK YOU JUST DESPAIR.
01:25 - 04.850 GOOD MORNING, MR. BRIERLEY.
01:25 - 08.390 IN THIS IN THE SITUATION YOU
01:25 - 10.470 JUST DESCRIBED WHERE A
01:25 - 12.700 BILLBOARD COMPANY OWNS IN FEE.
01:25 - 13.940 THE REAL PROPERTY
01:25 - 16.320 IS THAT REAL PROPERTY TAX BILL
01:25 - 16.830 HAS SOME FAIR
01:25 - 19.530 MARKET VALUE LAND TO BE TAXABLE
01:25 - 20.610 YOU HAVE TO COME UP WITH A
01:25 - 22.510 VALUE WHETHER IT'S USING
01:25 - 24.630 COMPARABLE SALES OR THE
01:25 - 26.340 PROPERTY TO BE USED FOR ANY
01:25 - 27.890 OTHER INCOME PRODUCING PURPOSE
01:25 - 29.740 OTHER THAN A A SO I
01:25 - 31.090 BUT THERE WOULD BE A WAY THAT
01:25 - 32.510 ONLY AND COULD BE ASSESSED.
01:25 - 33.890 AND WHAT I CAN TELL YOU
01:25 - 36.780 OTHERWISE IF I OWN A PIECE OF
01:25 - 37.960 FARM PROPERTY
01:25 - 40.470 WHICH IS ADJACENT TO THE
01:25 - 42.950 PENNSYLVANIA OR HURT HIM BESIDE
01:25 - 44.310 THE PENNSYLVANIA TURNPIKE
01:25 - 47.460 AND IT'S WORTH A $100,000
01:25 - 50.120 THAT'S ITS VALUE. NOW A SIGN
01:25 - 52.380 COMPANY APPROACHES ME. THE
01:25 - 55.650 CREW RENTAL OR OTHERWISE PUTS 3
01:25 - 57.610 BILLBOARDS ON THERE AND I KNOW
01:25 - 58.930 THIS IS NOT YOUR CASE, I'M JUST
01:25 - 01.360 WORKING BY AN OUCH. AND DOES
01:26 - 02.290 THAT MAKE MY
01:26 - 05.450 REAL PROPERTY GO FROM A 100,000
01:26 - 05.560 TO
01:26 - 08.970 200,000. GUESS IN TERMS OF THE
01:26 - 10.470 VALUE BECAUSE THE SIGNS ARE
01:26 - 13.640 THERE IS THAT A INCREASE
01:26 - 15.640 IN VALUE. IT'S A VALUES
01:26 - 16.740 INCREASED BECAUSE OF
01:26 - 19.200 THE SONS, THE VALUE WE HAVE TO
01:26 - 24.260 CLIQUE IT'S A TIE. WITHOUT
01:26 - 25.340 REGARD SINCE
01:26 - 29.560 NAME MY PROPERTY WE REMAIN
01:26 - 30.880 WORTH A 100,000.
01:26 - 32.580 EVEN THOUGH I COULD SELL IT FOR
01:26 - 34.420 200,000 FROM SOMEBODY WHO
01:26 - 36.120 WANTED TO BUY MY PROPERTY AND
01:26 - 37.760 THE SITES. AND THAT'S THE
01:26 - 38.810 DIFFERENCE BETWEEN THE CELLS
01:26 - 40.520 PRICE IN ASSESSED VALUE
01:26 - 43.640 HE SAYS YES TO BE PURSUING TO
01:26 - 46.410 LEGISLATIVE TOOLS THERE IS
01:26 - 48.570 OFTEN A DIFFERENTIAL JUST AS
01:26 - 49.810 THERE IS AGAIN A
01:26 - 52.090 DIFFERENTIAL IN JURISDICTIONS
01:26 - 53.330 THAT WE'RE FAMILIAR WITH FOR
01:26 - 54.790 EXAMPLE ALLEGHENY TO CITY
01:26 - 57.330 THAT'S FOR WAR. PHILADELPHIA,
01:26 - 58.830 WHERE YOU SEE A SEPARATE
01:26 - 00.800 VALUATION FOR LAND AND
01:27 - 04.190 STRUCTURES. IN HERE AND UNDER
01:27 - 05.480 THE SCHOOL DISTRICT'S ARGUMENT.
01:27 - 07.660 THE LAND WOULD BE WITH THE SAME
01:27 - 08.830 WHETHER IT'S PAINTER HAS A
01:27 - 11.790 STRUCTURAL. TO BE THE CASE THE
01:27 - 13.600 ONLY REASON THE LAND IS BEING
01:27 - 14.770 INCREASED BY
01:27 - 16.660 THE INCOME. IT'S BECAUSE OF AL
01:27 - 18.470 EWING, THE ACTUAL THE ACTUAL
01:27 - 20.690 STRUCTURE SO THAT'S THAT'S WHAT
01:27 - 21.970 WE SAY THAT THIS CASE IS
01:27 - 23.140 SQUARELY CONTROLLED BY THE
01:27 - 24.080 TEXAS STATUTE.
01:27 - 27.930 THANK YOU JESS IS TIED.
01:27 - 30.720 >>IT'S JUST A SIGN THAT NO
01:27 - 31.220 QUESTION.
01:27 - 35.160 >>THANK YOU MR. FIRE IF YOU HAD
01:27 - 35.820 A A.
01:27 - 40.570 WEINER TO A WE'D APPRECIATE IT
01:27 - 41.660 AND THEN ROLL.
01:27 - 42.710 >>AIR FROM ME
01:27 - 43.790 EARLY.
01:27 - 45.340 >>THANK YOU MISTER CHIEF
01:27 - 47.460 JUSTICE. IN CONCLUSION.
01:27 - 49.530 THE COURT MUST CONSIDER WHETHER
01:27 - 49.640 THE
01:27 - 51.790 GENERAL ASSEMBLY ENACTING
01:27 - 54.430 SECTION 8.11 BEFORE EXCLUDING
01:27 - 54.870 SIGNS
01:27 - 57.080 INSIDE STRUCTURES. NEVERTHELESS
01:27 - 58.570 INTENDED INCOME FROM THE
01:27 - 00.260 EXCLUDED SIGNS INSIDE
01:28 - 02.330 STRUCTURES. WE CONSIDERED IN
01:28 - 03.820 MAKING A REAL ESTATE ASSESSED.
01:28 - 06.740 ROSE THE REASONS THAT SIMPLY
01:28 - 08.290 DOES NOT MAKE SENSE
01:28 - 09.760 IN LIGHT OF THE CRACKS OF THE
01:28 - 10.850 STATUTE AND ITS
01:28 - 13.490 OBVIOUS PURPOSE. DISTRICTS
01:28 - 15.350 ARGUMENTS RELATED TO THE INCOME
01:28 - 16.480 FROM THE BILLBOARDS.
01:28 - 18.470 THE FACT WE WOULD CONVERT A
01:28 - 19.970 REAL ESTATE TAX ASSESSMENT.
01:28 - 22.280 IN 2 ATTACKS ON REVENUE WERE
01:28 - 22.660 INCOME.
01:28 - 24.710 OF COURSE THAT ALSO WOULD BE
01:28 - 27.140 CONTRARY TO LAW. INSTEAD THE
01:28 - 28.140 REAL ESTATE HERE
01:28 - 31.030 WHEN MUST BE ASSESSED IS IT A
01:28 - 31.990 LAND WHERE THEY CAN
01:28 - 33.980 OR AT LEAST MODESTLY AND ON
01:28 - 34.950 WHICH BILLBOARD
01:28 - 36.680 THIS INCLUDES FOR THESE
01:28 - 39.600 REQUESTED THE COMMONWEALTH
01:28 - 41.000 COURT IS MAYBE
01:28 - 43.900 REVERSED AND THIS COURT REMAND
01:28 - 45.190 THE CASE TO THE TRIAL COURT.
01:28 - 47.090 FOOD PERCENT. THANK YOU.
01:28 - 48.320 THANK YOU.
01:28 - 51.700 >>OKAY WE HAVE THE 2 OF CALI
01:28 - 53.210 SCHOOL DISTRICT SHOULD THAT.
01:28 - 58.430 RESPECT YOUR ACCOUNTS OF
01:28 - 59.710 WHAT EACH IT WOULD
01:29 - 10.710 SO I THINK MISTER WEISS ARE
01:29 - 13.950 YOU GOING TO SAY FOR 4 YEARS
01:29 - 15.100 AGO FIRST YOUR HONOR.
01:29 - 16.790 >>YOUR MORNING YEAR MISTER
01:29 - 17.940 CHIEF JUSTICE AND THE AMA
01:29 - 19.510 JUSTICES OF THE COURT PLEASE
01:29 - 21.360 MY NAME IS DONALD J WEISS AND
01:29 - 22.670 I'M HERE ON BEHALF THE SCHOOL
01:29 - 24.590 DISTRICTS. I'M TRYING TO STIR
01:29 - 26.470 MANY SCHOOL DISTRICTS ARE
01:29 - 28.350 DIRECTLY TO MR. LIKE THE
01:29 - 30.350 RESERVE 7 MONTHS FOR
01:29 - 32.900 MY CO-COUNSEL WHO ARE YOU THE
01:29 - 34.120 ISSUES OF UNIFORMITY
01:29 - 36.620 UNCONSTITUTIONAL. I HEARD MR.
01:29 - 38.120 BYERS ARGUMENT,
01:29 - 40.770 AN IDEA WITHIN THE STATUTE THE
01:29 - 42.750 WAY HE DOES WHEN I READ THE
01:29 - 45.680 STATUTE 8811 WE ARE
01:29 - 48.210 IS IT SAYS NO SIGN WERE SIGNS
01:29 - 50.420 STRUCTURE. EVEN IF IT'S A FIX
01:29 - 52.060 TO THE GROUND SHOULD BE TAXED.
01:29 - 53.910 NOW THE WAY I LOOK AT THAT AS A
01:29 - 55.950 SIGN THAT BILLBOARD CAN RANGE
01:29 - 58.740 IN COURSE ANYWHERE FROM 50,250
01:29 - 00.940 1000. SO I INTERPRETED THAT
01:30 - 03.180 INITIALLY THEY SAY I CAN'T TAX
01:30 - 04.940 THE SUN EVEN EVER TO FIX THE
01:30 - 06.270 GROUND AND
01:30 - 08.150 MOST BILLBOARDS REALLY DO
01:30 - 09.740 BECOME FIXTURES BECAUSE THEY DO
01:30 - 11.540 BECOME OR MENTALLY FIXED TO THE
01:30 - 12.860 GROUND. THEY'RE NOT EASY
01:30 - 15.020 TO MOVE. I'D LIKE TO JUST A
01:30 - 16.730 DIRECTOR TENSION TO JUDGE HANS
01:30 - 18.430 OPINION ON PAGE 13 OF HIS
01:30 - 19.470 OPINION. MURRAY SAYS
01:30 - 20.760 DOCTOR THEIR STRICT
01:30 - 22.140 CONSTRUCTION OF A STATUTE IN
01:30 - 24.330 FAVOR OF THE PARTIES. I ONLY
01:30 - 25.770 WEARS A REASONABLE DOUBT.
01:30 - 28.070 MEANING OF THE PROVISION.
01:30 - 29.990 HERE THERE IS NO DOUBT THAT
01:30 - 32.700 SECTION 88 11 BEFORE APPLIES
01:30 - 34.940 ONLY TO EXCLUDE THE VALUATION
01:30 - 36.340 OF AN ADVERTISING SIGN READ
01:30 - 38.400 SIGNS STRUCTURE AND DOES NOT
01:30 - 40.000 PROHIBIT THE VALUATION OF LAND.
01:30 - 42.370 ACCORDING TO THE CCL REPLY
01:30 - 43.430 COUPLE CASE LAW.
01:30 - 46.180 MISTER BUYER AND I THINK JUST
01:30 - 47.220 THIS MONDAY ASKED.
01:30 - 50.590 OF THESE 26 AND YOU'RE GOING TO
01:30 - 52.580 BE MORE. WE HAVE A COMBINATION
01:30 - 54.180 OF THE SHOOTING LEA SAYS WHICH
01:30 - 56.050 ARE GENERALLY TRIPLE NET LEASES
01:30 - 57.470 TRIPLE NET LEASE REQUIRES THE
01:30 - 59.480 LET LET'S SEE TO PAY ALL
01:30 - 01.870 THE TAXES. WE HAVE AN EASY
01:31 - 03.620 MONTHS THAT WE'RE VIA BILLBOARD
01:31 - 04.800 COMPANY BOUGHT THE
01:31 - 06.580 EASEMENT AND THE OWNER
01:31 - 08.110 CONTINUES TO OPERATE A BUSINESS
01:31 - 09.980 HERE AND WE ARE PROPERTIES OF
01:31 - 11.540 THE BILLBOARD ACTUALLY BOUGHT
01:31 - 13.070 THE GROUND. IF YOU FOUND A
01:31 - 13.350 LOWER
01:31 - 15.740 COURT'S DECISION I'M A RECENT
01:31 - 17.820 CASE SPECIFICALLY IN CHESTER
01:31 - 19.840 CITY. WE'RE BILLBOARD COMPANY
01:31 - 21.260 BOARD A VACANT PIECE OF GROUND
01:31 - 24.300 FOR $240,000. THEN THEY ARE
01:31 - 26.250 WRECKED IN A BILLBOARD ON IF
01:31 - 27.430 YOU FIND A LOWER COURT'S
01:31 - 29.240 DECISION AN OPINION
01:31 - 31.240 WHEN THEY BUY THE PROPERTY THE
01:31 - 32.580 PROPERTY SHOULD BE ASSESSED A
01:31 - 35.570 $240,000. WHEN THEY ARE WRECKED
01:31 - 37.270 A BILLBOARD ON IT THEN IT
01:31 - 38.350 SHOULD GO TO 0
01:31 - 39.800 BECAUSE ACCORDING TO LOWER
01:31 - 41.230 COURT'S DECISION WANTS A BILL
01:31 - 42.860 BOARDS PUT ON IT SHOULD HAVE
01:31 - 45.550 NO ASSESSMENT. IN A MINUTE AND
01:31 - 47.120 IF YOU FOUND IN THE YEAR BUHL
01:31 - 48.710 FOUNDATION CASE AND EVEN GOING
01:31 - 50.150 BACK TO THE RECRUITING TEXTS.
01:31 - 52.590 YOU HAVE TO VALUE PROPERTY
01:31 - 55.260 BASED UPON THE BEST USE THAT HE
01:31 - 56.920 CAN BE APPLIED TO AT THIS AT
01:31 - 59.080 THAT TIME. JOIN THE BEST USES A
01:31 - 00.990 BILLBOARD AND IT SHOULD BE 8
01:32 - 02.960 NOW YOU BASED UPON WHAT CAN BE
01:32 - 05.030 DONE. I THINK JUSTICE BARRIS
01:32 - 06.240 THE CREATION OF SUPPOSE YOUR
01:32 - 07.920 OWN BE SURE GROUND. IT'S ONLY
01:32 - 08.840 WORTH A 100 GRAND.
01:32 - 10.260 BUT THEN A BILLBOARD COMPANY
01:32 - 11.520 COMES ALONG BUYS IT TO PUT A
01:32 - 13.010 BILLBOARD TOP BILLBOARD ON IT
01:32 - 14.020 AND IT GOES TO 200.
01:32 - 16.270 IN MY OPINION THAT IS WORTH 200
01:32 - 17.130 MATCH WHAT IT SHOULD BE
01:32 - 18.750 ASSESSED FOR. THERE ARE CERTAIN
01:32 - 20.120 SITUATIONS WHERE THE BILLBOARD
01:32 - 21.420 COMPANY ACTUALLY BOUGHT A PIECE
01:32 - 21.900 OF GROUND
01:32 - 24.500 TO PREVENT. THE OWNER FROM
01:32 - 26.010 ERECTING A BILL BECAUSE THEY
01:32 - 27.750 DID NOT WANT ANOTHER BILLBOARD
01:32 - 29.500 RIGHT NEXT TO THEIR EXISTING
01:32 - 31.780 BILL. THE
01:32 - 34.770 RIGHT SHOT. JUSTICE JOHNNY OF
01:32 - 35.430 THE QUESTION.
01:32 - 37.260 >>I DO NOT THINK THE CHIEF.
01:32 - 44.180 >>THIS IS OUR KEY OF ANY
01:32 - 46.120 QUESTION I HAVE NO I DON'T.
01:32 - 50.610 THANK YOU TO JUST THIS
01:32 - 51.580 MORNING COUNCIL.
01:32 - 55.150 FOLLOWING UP SIR ON
01:32 - 57.540 MR. BYERS ARE YOU MAKE OF THE
01:32 - 59.080 WIND TURBINE PROVISION.
01:33 - 04.760 GIVEN KNOW WHAT THEY SEE WHAT
01:33 - 06.870 THE LEGISLATORS DID THERE WITH
01:33 - 09.090 INCOME CAPITALIZATION METHOD.
01:33 - 12.280 WOULD YOU AGREE AS A GENERAL
01:33 - 13.760 MATTER THAT THE GENERAL
01:33 - 17.150 ASSEMBLY. COULD IN EFFECT.
01:33 - 19.650 WHAT
01:33 - 22.080 THE ECONOMIC REALITY IS GOING
01:33 - 24.680 TO BE DEFINED AS PARTICULAR
01:33 - 26.370 KINDS OF PROPERTIES SUCH THAT.
01:33 - 29.560 ALL WE NORMALLY WOULD
01:33 - 31.540 THINK OF HIS MARKET VALUE WOULD
01:33 - 34.960 BE. INFECTED DISREGARDED
01:33 - 36.980 OR OBSCURED WITH RESPECT
01:33 - 38.670 EVALUATION OF A PARTICULAR KIND
01:33 - 39.290 OF PROPERTY.
01:33 - 41.700 >>I THINK THEY COULD AND I
01:33 - 42.970 THINK THEY CAN TRY I THINK IT
01:33 - 43.360 WOULD BE.
01:33 - 44.890 >>I THINK YOU'D BE LIKE OF
01:33 - 46.140 UNIFORM EAST I THINK IT'LL BE
01:33 - 47.570 UNCONSTITUTIONAL. BUT I
01:33 - 48.820 CERTAINLY DO THINK THEY THEY
01:33 - 50.800 COULD MAKE. DEFAMATION LIKE
01:33 - 52.020 THEY DID IN THE WINTER GOING
01:33 - 54.040 TAKES. IN THE WIND TURBINE
01:33 - 55.350 EXCEPTION. BUT THERE'S A
01:33 - 57.660 SPECIFIC EXAMPLE, THEY CARVED
01:33 - 59.550 OUT WIND TURBINES TRUCK HAS A
01:33 - 01.010 SPECIFIC WAY TO VALUE.
01:34 - 03.080 WHERE IS SOMETIMES AND
01:34 - 04.860 BILLBOARDS THEY DIDN'T WHICH TO
01:34 - 07.440 ME MEANS YOU'RE LEFT OPEN THE
01:34 - 09.430 OPPORTUNITY TO EVALUATE ALL 3
01:34 - 10.030 WAGE.
01:34 - 12.440 COMPARABLE SALES. AND INCOME
01:34 - 14.030 APPROACH AND CAUSE THE
01:34 - 15.240 SITUATION YOU NEVER USE
01:34 - 15.840 CAUTION.
01:34 - 20.740 JUSTICE THERE.
01:34 - 23.360 MISTER WEISS
01:34 - 25.800 LET'S LET'S YOU DID YOUR HYPO
01:34 - 27.200 PROMISED A MINUTE LET ME COME
01:34 - 28.000 BACK HERE RIGHT.
01:34 - 30.690 THE BILLBOARD COMPANY AND
01:34 - 31.900 FRANKLY I THINK IT'S A LITTLE
01:34 - 33.070 BIT OF A RED HERRING THAT IT'S
01:34 - 34.200 A BILLBOARD COMPANY PAYS
01:34 - 36.340 $240,000 FOR THE LAW.
01:34 - 38.330 >>THEN THEY PUT A BILLBOARD ON
01:34 - 40.150 IN YOUR SUGGESTION IS THAT THE
01:34 - 40.920 VALUE GOES
01:34 - 43.500 TO 0. MY SUGGESTION WOULD BE
01:34 - 45.310 THE VALUE DOESN'T GO ASSUMING
01:34 - 47.640 ITS A $100,000 BILLBOARD TO
01:34 - 50.090 4340. BUT IT REMAINS
01:34 - 51.980 TO 40 BECAUSE THAT'S WHAT THE
01:34 - 53.640 WILLING BUYER PAID A WILLING
01:34 - 54.910 SELLER IN THE OPEN MARKET.
01:34 - 55.670 WHAT AM
01:34 - 57.560 I MISSING. YEAR AFTER YEAR
01:34 - 58.580 RIGHT ON POINT YOUR HONOR
01:34 - 00.100 THAT'S WHAT I AGREE I AGREE
01:35 - 00.520 WITH THAT.
01:35 - 02.380 >>I SAID THAT THE LOWER COURT.
01:35 - 03.590 YOU FOLLOW THE LOWER
01:35 - 05.730 COURT'S DECISION THEY WOULD SAY
01:35 - 07.420 ONCE YOU PUT A BILLBOARD ON IT
01:35 - 08.660 IT THEN SHOULD BE ASSESSED
01:35 - 10.800 AT 0 BECAUSE THAT'S WHAT WAS
01:35 - 11.830 INCLUDED THAT'S WHAT WAS
01:35 - 13.480 INTERPRETED HIS INTERPRETATION
01:35 - 16.110 OF THE YEAR EXCEPTION 9 AGREE
01:35 - 17.350 WITH YOU EXACTLY IT SHOULD ONLY
01:35 - 18.930 BE 2.40 AND EVEN THOUGH
01:35 - 20.170 BILLBOARD MIGHT INCREASE THE
01:35 - 21.860 VALUE. BUT ANOTHER 100 GRAND
01:35 - 24.540 IT, I'M NOT ALLOWED TO TAX THE
01:35 - 26.840 SIGN AND THE SIGN STRUCTURE BUT
01:35 - 27.830 I AM ALLOWED THAT ACTUALLY
01:35 - 30.640 GROUND. ALL RIGHT AND THE
01:35 - 32.260 LIFT BUT ALRIGHT, LET'S TRY
01:35 - 33.830 SOMETHING ELSE I KNOW I HAVE
01:35 - 34.440 LIMITED TIME.
01:35 - 35.700 >>I BARRED.
01:35 - 36.880 I DON'T KNOW WHY THIS CAME TO
01:35 - 39.660 MY MIND, OKAY AND IN A BARGE
01:35 - 41.940 WITH $50,000 AND SPINNER 100
01:35 - 44.090 YEARS MALE PATCH. CLOUDS
01:35 - 45.100 TOBACCO I DON'T KNOW IF THEY'RE
01:35 - 46.280 STILL IN BUSINESS BUT
01:35 - 48.170 I REMEMBER FROM MY YOUTH AND
01:35 - 49.910 IT'S ON THE SIDE OF EVERY BLOCK
01:35 - 51.410 SO THEY PUT THAT SIGN ON THE
01:35 - 52.900 SIDE OF THE BARN DOES THAT
01:35 - 54.330 CHANGE THE VALUE OF MY BARN.
01:35 - 56.490 >>IF YOU COULD YOUR HONOR IF
01:35 - 56.630 THE
01:35 - 59.100 BAR OWNER IS RANKED TEAM THE
01:35 - 01.340 SIDE AND THEN THE INCOME THAT
01:36 - 02.740 THE I'M SORRY THE PROPERTY
01:36 - 04.520 OWNER. THE PROPERTY OWNER IS
01:36 - 06.340 THEN GETTING MORE RANCH
01:36 - 08.300 OR HERE'S PARTICULAR PROPERTY
01:36 - 09.680 SOPHIE RENTS THE SIDE OF HIS
01:36 - 12.450 BUILDING FOR WHATEVER AN
01:36 - 13.790 ADVERTISEMENT A GETS A 100
01:36 - 14.870 BUCKS A MONTH MORE.
01:36 - 16.450 THEN ACTUALLY GOING TO WHAT
01:36 - 17.840 HE'S PUTTING IN HIS POCKET
01:36 - 19.290 EVERY MONTH IN RENT AND
01:36 - 20.410 THEREFORE IT COULD INCREASE.
01:36 - 22.560 AND IF THE BAR'S OWNER LAST
01:36 - 24.550 QUESTION GETS ANNOYED AT MAIL
01:36 - 27.810 POUCH IN HAYES-WHITE AGAIN THEN
01:36 - 28.410 YOU HAVE TO
01:36 - 31.100 REASSESS DOWNWARD. NOW THEN YOU
01:36 - 32.750 HAVE THE HIGHEST AND BEST USE
01:36 - 34.420 BECAUSE THEN THE HIGHS AND BEST
01:36 - 36.370 USE WOULD BE FOR HIM TO RAN IT
01:36 - 37.610 IF YOU CAN RENT,
01:36 - 38.860 SO THEREFORE WOULD BE A
01:36 - 40.030 QUESTION FOR THE APPRAISER
01:36 - 41.980 DETERMINE IF YOU CAN RENT IT.
01:36 - 45.060 HE HE AT LEAST IS IMPUTED WITH
01:36 - 46.310 THE INCOME THAT HE WOULD GET
01:36 - 47.140 FROM THAT RENTAL.
01:36 - 48.940 THANK YOU VERY MUCH INTERESTING
01:36 - 50.130 CASE PERCENT CURRENTLY.
01:36 - 52.250 >>THANK YOU RIDE AND I
01:36 - 53.780 INADVERTENTLY A BEST-EVER
01:36 - 55.830 JUSTICE MONEY SHOW I ASKED HER
01:36 - 56.820 IF SHE HAS ANY QUESTION.
01:36 - 58.460 >>NOTHING TO SAY.
01:36 - 01.170 >>AND I APOLOGIZE I SHOULD KNOW
01:37 - 01.380 THAT.
01:37 - 03.390 >>NOW THAT WAS MY FAULT JUSTICE
01:37 - 03.890 TIME.
01:37 - 07.320 >>THANK YOU CHIEF JUSTICE IN
01:37 - 09.290 A FOLLOW-UP TO JUST ITS AIR
01:37 - 12.320 SOFT. LAST YEAR. IN THE SUBJECT
01:37 - 13.430 OF ARMS
01:37 - 16.070 AND I THINK HE'S ARMED OR NOT
01:37 - 18.340 OR ESTA SIDE USE A BARN.
01:37 - 20.580 >>OH I'M SURE YOU'RE AND I
01:37 - 23.400 THINK YOU SAID BAR, IT'S INTO.
01:37 - 24.410 >>SO
01:37 - 26.290 OBVIOUSLY WE KNOW THERE ARE
01:37 - 29.110 MANY MALE POP SIGNS PAINTED ON
01:37 - 30.810 FARMS THROUGHOUT THE COUNTRY
01:37 - 32.780 AND I ASSUME THEY STILL DO THAT
01:37 - 33.240 I STILL
01:37 - 36.090 SEE THEM DOES THAT MEAN UNDER
01:37 - 37.610 YOUR ANALYSIS SERVED
01:37 - 41.440 THAT TIME ANY ARMED WITH SIDE
01:37 - 42.100 FACING A
01:37 - 45.260 MAJOR HIGHWAY IS GOING TO BE
01:37 - 47.460 SUBJECT TO THIS ANALYSIS THAT
01:37 - 49.280 IF THEY WANTED TO THEIR VALUE
01:37 - 51.470 INCREASED BY READING TO YOU
01:37 - 52.970 COULD BE YOUR HONOR BECAUSE
01:37 - 54.840 EVERY MEMBER ON HIS I CAN'T
01:37 - 56.100 REMEMBER WHAT CASE IT SAYS YOU
01:37 - 56.710 HAVE TO LOOK AT.
01:37 - 58.420 >>WHETHER IT'S POSSIBLE
01:37 - 01.840 ECONOMICALLY FEASIBLE LEGAL SO
01:38 - 03.500 IF THEY BOUGHT IT FROM THE HORN
01:38 - 04.580 OWNER WE'RE
01:38 - 06.900 BUILDING NOT. OWNER WE RUN INTO
01:38 - 08.190 IT AND PHILADELPHIA ARE IN EVEN
01:38 - 09.360 THE SUBURBS OF PHILADELPHIA
01:38 - 11.090 WHERE PEOPLE CAN PAINT THINGS
01:38 - 12.370 ON THE SIDE OF THE BUILDING IS
01:38 - 13.740 IN THE SHOOTOUT BUT IT'S
01:38 - 15.880 LEGALLY COULD BE DONE. YOU NEED
01:38 - 17.520 TO INCLUDE THAT INCOME
01:38 - 19.530 IN THE INCOME APPROACH
01:38 - 21.150 DETERMINE THE VALUE OF THE
01:38 - 22.700 PROPERTY SHOW IN MY OPINION IF
01:38 - 25.210 IT'S LEGAL AND FEASIBLE AND CAN
01:38 - 27.020 BE DONE AND IT NEEDS TO BE
01:38 - 28.340 TAKEN INTO CONSIDERATION.
01:38 - 31.710 >>WELL IT WILL NOT HARM OR WHO
01:38 - 34.510 OWNS SUCH A BARN AND I WOULD
01:38 - 37.050 FIND IT SPEAK A WHOLE TO RUIN
01:38 - 39.090 THE BEAUTY OF MY BARN, I'M
01:38 - 40.020 PAINTING A SIGN
01:38 - 42.520 ON IT. WHY SHOULDN'T I AS A
01:38 - 45.500 FARMER HAVE TO HIM OR IS
01:38 - 46.380 TAXATION.
01:38 - 48.760 >>WELL, THAT'S TRUE YOU'RE
01:38 - 50.060 HONORED SHIP SUPPOSE I HAVE
01:38 - 51.550 THAT THEY CAN PIECE OF GROUND.
01:38 - 54.270 THEY COULD BE BUILT FOR A CBS
01:38 - 57.290 OR WAWA AND I DON'T WANT TO I
01:38 - 58.140 JUST WANT TO LEAVE IT IS A
01:38 - 59.720 PIECE OF GROUND. IT SHOULD
01:38 - 01.950 BE VALUED AS YOU WALK NOT
01:39 - 03.740 WORKED CBS WOULD WANT TO COME
01:39 - 04.860 ALONG AND BUILD A BUILDING
01:39 - 06.400 THERE. SO I SHOULD BE ALLOWED
01:39 - 07.580 TO SAY OH I DON'T WANT TO BUILD
01:39 - 09.010 A BUILDING HERE AND THEREFORE
01:39 - 10.080 ONLY HAPPENING SAYS THAT
01:39 - 12.520 $5,000. WHEN WHILE IT MIGHT
01:39 - 13.990 COME ALONG AND PAY A MILLION
01:39 - 16.340 DOLLARS SHORT. SO I UNDERSTAND
01:39 - 17.810 THAT IT SOUNDS DESPICABLE BUT
01:39 - 20.120 IT'S STILL IT'S IT'S NOT WHAT I
01:39 - 21.930 SAY IT'S WHAT THE LARSON.
01:39 - 27.170 >>I DIDN'T SAY THAT APPLICATION
01:39 - 28.900 WOULD GENERALLY BE DESPICABLE
01:39 - 31.640 JUST MY
01:39 - 33.600 HYPOTHETICAL WAS I AS
01:39 - 35.410 A FARMER MIGHT FIND IT
01:39 - 36.590 DESPICABLE DICTATE,
01:39 - 37.090 YOU KNOW.
01:39 - 39.190 >>YES AND I MIGHT INVITE A
01:39 - 40.240 PIECE OF GRANITE LIFE AND
01:39 - 42.020 PUNISH CBS THEIR DESPICABLE TO
01:39 - 42.360 YOUR.
01:39 - 49.300 >>WE'LL HEAR FROM A YEAR
01:39 - 52.040 CO-COUNSEL NOW THE. THEY
01:39 - 54.260 RESERVED THEIR BRIEF THAT THE
01:39 - 56.010 AREA. GOOD
01:39 - 57.270 MORNING. DAN.
01:39 - 00.120 >>CHIEF JUSTICE. AND JUSTICES
01:40 - 01.320 OF THE SUPREME COURT MAY IT
01:40 - 02.180 PLEASE THE COURT.
01:40 - 04.270 I DIDN'T THINK I HAD TIME FOR
01:40 - 06.170 OPENINGS THAT BASICALLY I'M
01:40 - 08.710 HEARING. ATTORNEYS BUYERS
01:40 - 10.560 ARGUMENT AND HEARING THE
01:40 - 12.760 JUSTICES SPEAK, I MEAN THEY'RE
01:40 - 15.270 QUESTIONING EXCUSE ME. I THINK
01:40 - 16.970 THE JUSTICES HAVE IT RIGHT.
01:40 - 18.890 WHAT WE HAD SEEN HER WITH THE
01:40 - 20.870 TAXPAYERS ARE SEEKING AND WHAT
01:40 - 21.910 THE TRIAL COURT'S
01:40 - 24.170 ORDER DOES IS IT TREATED
01:40 - 25.040 SIMILARLY
01:40 - 27.890 SITUATED TAXPAYERS. IN HER
01:40 - 29.870 OWNERS OF OF THAT INCOME
01:40 - 33.080 PRODUCING PROPERTY OR OWNERS OF
01:40 - 35.420 LANDS, LOTS OF GRANDIN GROUND
01:40 - 35.890 RUNS
01:40 - 38.340 DIFFERENT LEAGUE BASED SOLELY
01:40 - 39.960 UPON THE IDENTITY
01:40 - 41.280 CLASSIFICATION OF
01:40 - 43.620 THE TENANT WE'RE IN AFTER
01:40 - 44.530 GETTING A PRETTY GOOD WOODS
01:40 - 46.270 JUST YET SAID WHETHER THE OWNER
01:40 - 47.820 OF THE PROPERTY IS A BILLBOARD
01:40 - 48.110 NUMBER
01:40 - 50.930 AND THAT AJ LEADS ARE
01:40 - 53.120 UNIFORMLY CLAUSE OF THE
01:40 - 54.990 CONSTITUTION AND VIOLATES THE
01:40 - 56.730 EQUAL PROTECTION CLAUSE WHICH
01:40 - 57.770 THE UNIFORMITY CLAUSE
01:40 - 58.880 INCORPORATES WORSE
01:41 - 02.170 PENNSYLVANIA CONSTITUTION.
01:41 - 04.630 WHAT I DID WANT TO POINT OUT IS
01:41 - 07.540 THE SECTION 8011 A WANT AND
01:41 - 10.150 EXPRESSLY INCLUDES
01:41 - 13.200 AS TAXABLE REAL ESTATE LANDS
01:41 - 15.470 LOTS OF GROUND AND GROUND RENTS
01:41 - 18.600 AND SO WE HAVE HERE IS THE
01:41 - 20.960 TAXPAYERS IN HER ARGUMENT ARE
01:41 - 23.500 REQUESTING CLASSIFICATION
01:41 - 28.350 TO IGNORE GROUND RENTS WHEN
01:41 - 30.610 THE TENANT AND 3RD PARTY
01:41 - 32.630 COMMERCIAL TENANT IS IT A
01:41 - 34.330 BILLBOARD OWNER AND THAT
01:41 - 35.550 VIOLATES THE ECONOMIC
01:41 - 36.470 REALITIES.
01:41 - 39.310 ALL OF THE PRODUCTS SUBJECT
01:41 - 41.450 PROPERTY SEE AND MY LEADS THE
01:41 - 42.490 UNIFORMITY IN THAT
01:41 - 44.090 CLASSIFICATION HOT SOME
01:41 - 45.350 CLASSIFICATION IF YOU WILL IN
01:41 - 46.530 VALLEY FORGE TOWERS.
01:41 - 53.900 BEFORE THE.
01:41 - 59.150 >>WELL LET ME ASK THIS SINCE
01:41 - 00.950 EVERY GUEST IT'S A QUESTION
01:42 - 04.290 THAT THEY ARGUE WILL BE IT
01:42 - 06.460 VERY SIMILAR TO THAT OF MISTER
01:42 - 08.030 WEISS. AND
01:42 - 11.050 WHAT A IF ANY ANY JUSTICE AS
01:42 - 13.060 A QUESTION. DURING WITH THE
01:42 - 15.290 JUSTICE TANI RUN GOING DOWN ME.
01:42 - 18.430 A GUEST IS DOCTOR YES, RIGHT ON
01:42 - 21.060 ME. THIS IS PARADISE. ANYONE.
01:42 - 25.430 GO AHEAD CHRIS. GO AHEAD JUST
01:42 - 25.810 BEEN A.
01:42 - 28.240 >>I NEED TO THANK YOU. BUT I
01:42 - 29.210 DON'T HAVE ANY QUESTION.
01:42 - 29.680 THANK YOU.
01:42 - 31.190 >>OKAY WELL.
01:42 - 33.760 >>TAKE A SEAT IN THE COURTROOM
01:42 - 35.480 AND SEE THE REAL LIFE CASES
01:42 - 35.880 AFFECTING
01:42 - 37.690 PENNSYLVANIANS TODAY. HEAR THE
01:42 - 39.320 ARGUMENTS FROM BOTH SIDES WITH
01:42 - 41.710 FULL TRANSPARENCY EXCLUSIVELY
01:42 - 44.400 ON PCN WATCH THE COMMONWEALTH
01:42 - 46.380 SUPERIOR AND SUPREME COURTS ON
01:42 - 48.450 CABLE AND THE PCN SELECT
01:42 - 51.160 STREAMING SERVICE VISIT PCN TV
01:42 - 52.430 DOT COM FOR THE COMPLETE
01:42 - 55.520 SCHEDULE. PCN PENNSYLVANIA
01:42 - 57.210 POLITICS AND POLICY.
01:43 - 02.640 >>COURT IS BACK
01:43 - 05.840 IN SESSION. USE THE STATE IS
01:43 - 07.580 MIKE BOYD AND YOU KNOW THIS.
01:43 - 11.310 ARE YOU ON BEHALF OF THE CONE
01:43 - 12.710 IS START A FRIEND BOUGHT
01:43 - 14.410 ARE YOU ON BEHALF OF THE POLY
01:43 - 15.500 IS BEING A SINGER.
01:43 - 20.770 >>GOOD AFTERNOON.
01:43 - 23.470 >>THE OUTCOME. IN MEDIA.
01:43 - 26.200 >>COURSE OF THEIR DIVORCE.
01:43 - 27.970 HOW YOU ARE RIGHT HAND SIDE OF
01:43 - 29.350 AGREEMENT.
01:43 - 31.990 WHICH MIGHT LEAD TO WEIGH ALL
01:43 - 33.500 OF THEIR INTERESTS AND HOUSINGS
01:43 - 34.510 POLICE AND SHE.
01:43 - 37.390 I AND I PROBABLY BE COURSE
01:43 - 39.890 IS ONGOING IN HIS PENSION
01:43 - 42.400 CONTINUE TO BE A WIFE WHO
01:43 - 44.330 REFUSED TO TRANSFER THOSE
01:43 - 46.630 PAYMENTS AS CONTEMPLATED BY THE
01:43 - 47.420 TERMS E.
01:43 - 50.160 HAS BEEN SOME STATES SUCH
01:43 - 52.920 DAMAGE AND MORE. TWICE
01:43 - 55.590 ACTUALLY DIED. NEW YORK STATE
01:43 - 57.090 AND DID THE AGREEMENT WOULD NOT
01:43 - 58.970 BE ENFORCED. UNDER STATE
01:43 - 01.090 PENSION LAWS. WE'RE HAVING THE
01:44 - 04.680 ATTACHMENT OR TRANSFER. AND
01:44 - 06.960 SHOULD BENEFIT. THIS ARGUMENT
01:44 - 09.400 WAS REJECTED IN THE TRIAL IN
01:44 - 11.810 THE SUPERIOR COURT. AND THIS IS
01:44 - 13.390 SUBJECT TO THE COURTS.
01:44 - 15.120 PRESIDENT RATION.
01:44 - 19.320 ALSO MAY PROCEED.
01:44 - 31.040 THESE DAYS.
01:44 - 35.890 >>YOUR FAMILY. I DIDN'T
01:44 - 37.790 STOP CRIME. I WILL READ IT.
01:44 - 39.340 IT SHOULD BE.
01:44 - 42.360 >>IT ASSESSED IT A FELONY.
01:44 - 43.690 IT'S A PILL.
01:44 - 48.700 >>WORK TO REVERSE
01:44 - 49.420 A SECURE.
01:44 - 51.810 IT. THE
01:44 - 55.430 COURT HEARD ORDER MARCIA TOO
01:44 - 59.380 SLOW. TRANSFER. THE STATE.
01:45 - 00.690 EACH
01:45 - 02.790 MONTHLY PAYMENT. HE RECEIVED
01:45 - 03.620 ARE DOING.
01:45 - 07.970 BACK TO
01:45 - 09.920 THEIR CASE ARE SIMILAR TO
01:45 - 12.580 THOSE. THE CASE OF A GREAT.
01:45 - 17.260 THE STATE YESTERDAY. WORK
01:45 - 18.610 LAST YEAR.
01:45 - 22.690 HER ITS SEVERAL ROLLING THIS
01:45 - 24.890 NATION. IT'S THE FIRST OF
01:45 - 30.740 IF THEY PAY.
01:45 - 42.500 LOOTED
01:45 - 45.100 BY REACTION UNDER ARREST.
01:45 - 52.770 REACTION.
01:45 - 56.940 IS
01:45 - 58.970 LOW ORDER
01:45 - 02.940 WAS RIVETED ICE AGE. WELL THE
01:46 - 03.310 EAST.
01:46 - 08.590 UNLIKE EAST TODAY, WE'LL BE OF
01:46 - 11.290 COURSE. LITIGATED
01:46 - 13.130 IN PRAGUE OR OR OR.
01:46 - 15.530 AT ITS FIRST
01:46 - 19.110 IT ENTITLEMENT THAT FUN.
01:46 - 22.430 RUSSIA FROM THIS YOU SEE THAT.
01:46 - 23.870 IT'S
01:46 - 26.720 WELL BY THE STATE.
01:46 - 28.820 IN THE WRONG DECISION.
01:46 - 34.670 OF THE COMMON PLEAS OR.
01:46 - 38.410 PLEAS COURT THE WRONG CHANNEL.
01:46 - 40.670 YOUR WORK.
01:46 - 43.490 BERKS COUNTY.
01:46 - 44.890 TERROR.
01:46 - 49.990 THOSE TO OPEN. YES, STAY AND
01:46 - 52.020 WHO IS SHE READ A LETTER.
01:46 - 54.700 IT'S NOT THE SECOND.
01:46 - 57.940 WHAT ARE THE CIVIL COURT.
01:46 - 59.070 CHESTER COUNTY.
01:47 - 01.750 IF YOU
01:47 - 08.440 DIDN'T EVEN HAVE JURISDICTION.
01:47 - 11.100 ASH.
01:47 - 15.430 THE POLICE PENSION LAW.
01:47 - 19.470 ONE PROVISION WHICH.
01:47 - 22.550 FACED WITH.
01:47 - 30.070 2 PROVISIONS THAT'S A 76 OR.
01:47 - 33.900 IT'S NOT
01:47 - 34.850 ONLY LOSE.
01:47 - 38.660 ANY OTHER
01:47 - 41.040 LEGAL PROCESS. THE ACTUALLY
01:47 - 44.010 REALLY. HE ALSO.
01:47 - 53.730 DO I THE TRANSFER
01:47 - 54.210 OF A.
01:47 - 56.760 >>MISTER BIDEN WE'RE GOING TO
01:47 - 59.860 PROCEED NOW HSINCHU BY AN
01:47 - 01.540 OPPORTUNITY TO OPEN YOUR
01:48 - 02.220 ARGUMENT.
01:48 - 06.420 QUESTIONS BY
01:48 - 09.240 THE COURT. AND THAT'S STARTING.
01:48 - 10.480 YES JUST DAUGHERTY.
01:48 - 15.810 THANK YOU CHIEF COUNSEL.
01:48 - 17.870 LET ME ASK
01:48 - 18.330 YOU THIS.
01:48 - 20.590 I BELIEVE THAT YOUR VIEW THAT
01:48 - 21.990 THE LINE WOULD SHALL NOT BE
01:48 - 23.950 SUBJECT WAS SIMON OR TRANSFER
01:48 - 26.650 RUSHED. APPLIES TO THE BENEFITS
01:48 - 28.920 OR BY HOW DO YOU I MEAN
01:48 - 29.730 REPHRASE THIS RIGHT.
01:48 - 33.790 THANKS FOR STARTING ONE FOR YES
01:48 - 37.000 AND I THE BENEFICIARY PURSUANT
01:48 - 37.250 TO
01:48 - 40.020 THE STATUTE. HOW IS IT THAT YOU
01:48 - 42.200 CAN ARTICULATE THAT FACT IS NOT
01:48 - 43.700 SUBJECT TO ASSIGNMENT OR
01:48 - 45.090 TRANSFER SUCH THAT IS
01:48 - 46.240 RIGHTFULLY YOUR CLIENT.
01:48 - 49.210 DOES THAT MAKE SENSE TO YOU.
01:48 - 52.880 YEAH LISTEN.
01:48 - 59.320 >>HEATING OIL.
01:49 - 09.440 81.
01:49 - 11.590 ONE '02.
01:49 - 15.500 BUT HE.
01:49 - 17.810 THE
01:49 - 20.350 SURVIVOR ANNUITY AS THE FIRST
01:49 - 24.390 SEE I BUT AT LEAST A YEAR.
01:49 - 27.050 >>TO RECEIVE AND
01:49 - 28.900 WE ARE ITS DEBT.
01:49 - 31.730 SHE RECEIVED HER ONLY DO IT.
01:49 - 35.930 IT WAS A SURVIVOR ANNUITY OUCH
01:49 - 38.520 THAT HURT. THAT WAS
01:49 - 39.560 HER OWN.
01:49 - 46.530 >>WELL YOU KNOW VERSUS PALIN.
01:49 - 56.330 SURVIVOR ANNUITY PROPERTY
01:49 - 00.430 NEVER IN THE STATE MUST BE IT.
01:50 - 08.460 ALTHOUGH AS A RESULT YOU SEE
01:50 - 08.970 YOU.
01:50 - 13.830 SHE WAS ENTITLED TO YOU.
01:50 - 17.310 BECAUSE IT WAS ADDRESSED THE
01:50 - 17.860 CONTRACT.
01:50 - 23.150 >>I APOLOGIZE THE LAST PART YOU
01:50 - 24.710 HAD BROKEN OFF I COULD NOT HEAR
01:50 - 25.600 YOUR COMMENT.
01:50 - 29.780 >>ANNUITY BENEFIT.
01:50 - 33.560 HE WOULD RECEIVE IT.
01:50 - 36.930 TO INCREASE YESTERDAY. SURVIVOR
01:50 - 39.630 ANNUITY. AND HER A
01:50 - 41.330 NEW AD. IT'S HARD.
01:50 - 44.300 NOW VERSUS YOU KNOW WHICH
01:50 - 48.550 STATE IT. 13 8 TO 86 THAT'S IT.
01:50 - 50.330 IT'S JUST IN
01:50 - 52.900 SOME DETAIL. E H OR THE
01:50 - 55.480 SURVIVOR ANNUITY THAT IT SAYS
01:50 - 57.680 SPECIFICALLY THAT IS A RESTED
01:50 - 01.040 PROPERTY INTEREST. WAY. IT IS
01:51 - 02.870 SEPARATE AND DISTINCT. HER
01:51 - 06.630 HUSBAND BENCH. AND THAT
01:51 - 08.850 IS WHAT THAT'S AN 81
01:51 - 11.830 TOO WHICH HAS BEEN ISSUED.
01:51 - 17.960 IT'S A FIGHT. I HEARD YOU
01:51 - 19.700 AGAIN. MARCIA.
01:51 - 24.460 SHE IS I
01:51 - 25.850 TRUST THAT HE WAS
01:51 - 28.970 NOT RECEIVING. IT SPENT IT IS.
01:51 - 39.700 >>ARE YOU GOING TO TRY AGAIN I
01:51 - 40.980 DON'T KNOW I DON'T SEE A MAP IT
01:51 - 42.130 OR NOT YOU'RE SPEAKING. I CAN
01:51 - 42.520 HEAR YOU.
01:51 - 45.590 >>YEAH. YEAH I.
01:51 - 47.950 ARE YOU ABLE TO HEAR ME OUT.
01:51 - 51.340 >>SOMEWHAT I'M HAVING ALREADY
01:51 - 52.490 IN TROUBLE LISTENING TO YOU.
01:51 - 56.250 >>OUR SHOW WAS RECEIVING.
01:51 - 59.640 EACH AND EVERY MONTH.
01:52 - 02.760 I KNEW FROM A SURVIVOR
01:52 - 05.230 >>OK I GOT THAT OK, THANK YOU.
01:52 - 07.710 >>I JUST HAVE TO ACT.
01:52 - 11.140 THANK YOU CHIEF JUSTICE OR GOOD
01:52 - 14.130 AFTERNOON COUNCIL. I WAS IN THE
01:52 - 18.360 THAT HUSBAND AND WIFE SIGNED.
01:52 - 20.880 WIFE AGREED TO WAIVE
01:52 - 23.100 ALL RIGHT TITLE AND INTEREST IN
01:52 - 24.990 HUSBANDS POLICE PENSIONS, SO I
01:52 - 26.100 DON'T KNOW WHERE YOU'RE GOING
01:52 - 27.610 WITH THIS. WE WANT TO
01:52 - 29.260 DISTINGUISH ANNUITY OUT OF THAT
01:52 - 30.790 YOU YOURSELF JUST USE THE WORD
01:52 - 33.260 INTEREST. LET ME ASK YOU.
01:52 - 36.470 IN THAT SAME CUED ROW.
01:52 - 40.130 DIDN'T THE PARTIES.
01:52 - 42.920 FULLY UNDERSTAND AND
01:52 - 43.950 ANTICIPATE.
01:52 - 47.920 THE NON ATTACHMENT BAR OF THE
01:52 - 49.850 PENSION LAWS. WHEN
01:52 - 51.780 THEY WROTE IF THE PLAN
01:52 - 53.610 ADMINISTRATOR OF SAID PENSION
01:52 - 55.370 WILL NOT PERMIT A WAIVER ET
01:52 - 56.350 CETERA ET CETERA.
01:52 - 58.380 WIFE WILL AGREE TO
01:52 - 00.460 SIGN ANY NECESSARY PAPERWORK,
01:53 - 01.670 INCLUDING A STATEMENT IT
01:53 - 03.800 CENTERED CENTER. IF SHE WAVES
01:53 - 05.320 THE BENEFITS AND INSTRUCTS HER
01:53 - 07.790 ESTATE. TO MAKE PAYMENT.
01:53 - 10.490 DOESN'T THAT SHOW THAT THE
01:53 - 13.430 PARTIES UNDERSTOOD. THEY
01:53 - 16.240 MIGHT ENCOUNTER. THIS TRANSFER
01:53 - 18.210 ISSUE WITH THE PENSION LAW IN
01:53 - 20.040 CONTRADICTED AROUND THAT.
01:53 - 25.960 E.
01:53 - 29.000 OR IS IT THAT'S IT.
01:53 - 35.560 >>ANY OPPOSE THE SENTENCED AS
01:53 - 37.030 QUICKLY ARE YOU.
01:53 - 40.840 AND THE SENSE THAT YOU'RE FOR
01:53 - 41.110 IT.
01:53 - 47.350 WHETHER IT'S NOT SPEND IT.
01:53 - 48.810 IF THEY WILL.
01:53 - 53.260 >>ALLOW.
01:53 - 57.760 >>BELIEVE IT SAID. A
01:53 - 59.650 TO E. WE.
01:54 - 04.330 IT'S PRIOR SAID.
01:54 - 13.180 SOMETHING THAT WORKS HUH.
01:54 - 16.420 IT'S NOT OPEN TO.
01:54 - 19.370 YEAH WELL
01:54 - 22.230 PENSION PLAN IS THE BODY IN
01:54 - 25.960 THE STATUTE. ALL.
01:54 - 30.650 5060 80 ON.
01:54 - 35.130 WELL, NO 1, 1, OF US THAT 6 O
01:54 - 37.800 E TERMS OF
01:54 - 39.400 THE FENCE. AND.
01:54 - 43.680 THAT WAS USED IN THE CONTRACT.
01:54 - 44.630 A
01:54 - 47.360 SPECIFIC DEFINITION. UNDER THE
01:54 - 47.960 LAW.
01:54 - 52.040 IT IS NOT.
01:54 - 00.440 IS A
01:55 - 03.000 OR
01:55 - 07.650 MEMBERS IDOL. THEY LOVE
01:55 - 13.200 CONTRIBUTED BY HUGH LAURIE.
01:55 - 16.290 ITS PENSION.
01:55 - 18.140 IN THIS CASE
01:55 - 22.260 THE DIRECTOR OF THE YALE LAW
01:55 - 25.450 RESTS. PLUS TED. THERE WAS NO
01:55 - 26.000 VALUE.
01:55 - 31.240 THEY DID IT BY
01:55 - 34.280 WAS EURO BECAUSE SHE
01:55 - 36.960 COULD YOU ANY MONEY TO THAT.
01:55 - 40.900 >>I DO RECALL THAT I DO RECALL
01:55 - 42.250 THAT OUR COUNCIL.
01:55 - 45.650 IS IT IS A VENUE
01:55 - 48.520 ARGUMENT THAT BY REASON OF OF
01:55 - 50.110 THAT 0 NUMBER.
01:55 - 52.910 GET THE IS NOT THE RIGHT TITLE
01:55 - 53.770 AND INTEREST IN HER WAS
01:55 - 54.830 MISPLACED PENSION.
01:55 - 58.180 IN NEWLY.
01:55 - 59.960 >>IT IS.
01:56 - 09.930 WELL THE NUMBERS OF PEOPLE
01:56 - 13.850 DISCUSSED EXACTLY YEAH. IT SAID
01:56 - 16.490 THE IS LET'S DO IT.
01:56 - 18.940 AND IT IS SEPARATE AND THE
01:56 - 20.720 STATE MUST BE BETTER.
01:56 - 25.590 NEVER COME ABOUT OR DO WE EVER
01:56 - 28.020 COME UP AND SHE REALLY SEES IT.
01:56 - 31.310 AND IF SHE DID ACTUALLY COMPLY
01:56 - 32.250 WITH IT READ IT.
01:56 - 37.170 PERCENT SAID SHE WILL WEIGH
01:56 - 39.530 PEOPLE INTEREST IN THE BENCH.
01:56 - 41.740 IF SHE GAVE UP HER WISH.
01:56 - 45.610 WHAT HE UP TO SINCE THE STATE.
01:56 - 47.850 JUST DISAPPEAR.
01:56 - 52.510 SO WE SHE JUST GAVE IT UP AND
01:56 - 55.150 SAID I REALLY WAS CLAIM
01:56 - 58.520 I HAVE DO ANY BETTER. A NEW
01:56 - 59.850 OR OTHERWISE.
01:57 - 04.180 THEY WOULD GET NO BULL, THEY
01:57 - 05.750 WOULDN'T GET THE BEST.
01:57 - 08.970 IF SHE OR ANY CLAIM TO
01:57 - 13.990 EURO BUT IF YOU WORK WITH THAT.
01:57 - 16.960 WE HAVE GOT ME
01:57 - 21.580 EVEN THOUGH THE REACH OF
01:57 - 23.540 THIS AGREEMENT. THERE'S NO
01:57 - 24.840 DOUBT THE KIDS TO THEM.
01:57 - 28.820 THAT WAS FILED HERE.
01:57 - 33.040 WELL REALLY ONE OF THE BASES
01:57 - 36.010 LEAVING IT'S THE
01:57 - 40.160 REALLY THE REASON YESTERDAY WAS
01:57 - 40.510 ABLE
01:57 - 45.410 WILL WE. EACH
01:57 - 47.470 BECAUSE IT WAS PROPERLY FILED
01:57 - 50.160 IN NEW YORK. MONTGOMERY COUNTY.
01:57 - 55.000 THE TRIAL FOR BERKS COUNTY
01:57 - 55.490 WORKERS.
01:57 - 59.350 BELIEVES COUNCIL.
01:58 - 05.030 AND THE STAFF WILL STATE NO.
01:58 - 09.870 AS THE EAST
01:58 - 11.910 TODAY WHERE. CHECKS OF
01:58 - 14.990 3323. LET'S GO.
01:58 - 19.880 GROUND
01:58 - 21.690 FOR ESTABLISHED IN THIS.
01:58 - 21.930 HE
01:58 - 27.020 WELL EXIT 3320 FEET.
01:58 - 30.440 THE SHOOTING. YOUR BODY.
01:58 - 33.510 YES, ALL PEOPLE HOURS
01:58 - 36.450 THE OR THE FASHION A REMEDY.
01:58 - 38.640 WE'RE REALLY
01:58 - 44.140 IF COUNCIL. TAKING THIS TO THE
01:58 - 45.170 YORKERS WORK.
01:58 - 50.670 THEN FEEL THAT WOULD DOUBLE OUR
01:58 - 50.890 STATE.
01:58 - 55.570 BECAUSE IT WAS NO LONGER IN
01:58 - 56.340 FORCE.
01:59 - 05.060 PURSUER RIGHT. LOOK LET ITS
01:59 - 05.510 SHARE.
01:59 - 09.430 IT IT'S WHY
01:59 - 13.170 E EST IT IS NOT PURSUE.
01:59 - 14.990 >>WE.
01:59 - 17.740 >>ACTUALLY UNDER THAT'S WHY WE
01:59 - 19.630 LOVE IT TOO WHICH
01:59 - 23.070 SAVED HIM, IT GOES. IT SEEMED
01:59 - 26.260 TO WORK. AND THE GROUNDS FOR
01:59 - 30.200 NOT ESTABLISHED. HER E.
01:59 - 39.080 THEY THE
01:59 - 41.170 FAMILY WERE. BUT THIS SIMPLE
01:59 - 43.520 I'LL WORK WHICH BASICALLY TO
01:59 - 46.600 SAY. TRACK.
01:59 - 48.660 BUT THE LEADING
01:59 - 50.090 STATE ANYTHING.
01:59 - 56.410 >>SURE WILL. THE COURT IS
01:59 - 01.820 WHO HOUR. IT'S NATIONAL COUNCIL
02:00 - 09.990 OUR NATION IS THIS.
02:00 - 13.090 THE EQUITY. COW.
02:00 - 17.130 THE COURT THEN CAME HE SETS.
02:00 - 21.500 WHY. SAID.
02:00 - 27.830 HERE.
02:00 - 30.080 AND BY
02:00 - 32.250 THE WAY. THERE
02:00 - 35.110 WAS NO YOUR ROLE. YOU KNOW.
02:00 - 38.890 REALLY DO. THEY SPENT.
02:00 - 42.490 WHAT AGE YOU ARE A 100 OR SO.
02:00 - 46.260 LATER I 4 OH ONE.
02:00 - 53.760 BUT.
02:00 - 02.560 >>WELCOME TO 9 YOUR TIME LIMITS
02:01 - 04.190 ARE. WE MAY HAVE
02:01 - 06.640 TIME FOR BRIEF QUESTION BY
02:01 - 08.570 JUSTICE MONEY SHOULD SHE HAVE
02:01 - 09.310 WON IN LONDON.
02:01 - 11.380 WHEN YOU COMPLETE THAT WE'D ASK
02:01 - 14.350 YOU INCLUDE YOUR ARGUMENT HE
02:01 - 15.000 MIGHT STILL HAVE A
02:01 - 17.200 COUPLE QUESTIONS. BUT THAT'S
02:01 - 18.740 JUST DESPAIR. I SO THE QUESTION
02:01 - 19.530 I HAD A.
02:01 - 22.870 >>YOU CAN HAVE MY TIME
02:01 - 25.710 THAT'S UNNECESSARY. AND NO
02:01 - 27.140 QUESTIONS ASKED OF MONEY.
02:01 - 30.030 I ASKED HIM QUESTIONS COUNCIL
02:01 - 31.510 OF CHIEF JUSTICE THANK YOU FOR
02:01 - 32.480 FOR PERMITTING THIS
02:01 - 34.940 FIRST BOB WITH RESPECT YOUR
02:01 - 36.680 ARGUMENT APROPOS OF CHESTER
02:01 - 38.630 COUNTY DIVISION IS A NONSENSE.
02:01 - 40.240 CHESTER COUNTY AND IN THE PAST
02:01 - 41.650 MAY CAUSE BUSH HAS NO
02:01 - 43.210 DIVISIONS. IT'S A COURT OF
02:01 - 44.800 GENERAL JURISDICTION AND HAS
02:01 - 46.140 JURISDICTION OVER BOTH THE
02:01 - 47.450 PEOPLE IN THE SUBJECT MATTER.
02:01 - 49.800 SO DON'T WASTE MY TIME WITH
02:01 - 51.940 THAT. IF I UNDERSTAND
02:01 - 53.540 YOUR ARGUMENT. MORE
02:01 - 55.170 SPECIFICALLY THAT IT HAS
02:01 - 56.870 PERHAPS SOMEWHAT MORE RELEVANT.
02:01 - 58.780 YOU'RE TRYING TO DISTINGUISH
02:01 - 00.160 BETWEEN A DEATH BENEFIT.
02:02 - 02.620 IN A SURVIVOR INTO IT IS THAT
02:02 - 04.130 FAIR. YES,
02:02 - 06.680 OKAY IN A 5 LOOK AT THE
02:02 - 08.890 LANGUAGE OF YEAR CONTRACT.
02:02 - 10.140 IT SAYS
02:02 - 13.690 WIFE WILL SIGN ANY NECESSARY
02:02 - 15.660 PAPERWORK. SHE WAIVED ANY
02:02 - 16.330 BENEFITS.
02:02 - 19.570 SHE IS SHE'S TO RECEIVE
02:02 - 21.180 ANY BENEFITS DOES GO BY HOUSE
02:02 - 22.630 BUT ACCENTURE AND I UNDERSTAND
02:02 - 23.720 YOUR ARGUMENT THAT THE WORK
02:02 - 24.230 BEST AND
02:02 - 26.220 IT'S THERE. BUT ISN'T THE FAIR
02:02 - 27.890 INTENT OF THE PARTIES FROM THIS
02:02 - 30.310 CONTRACT. NOW WHAT SHE WAS
02:02 - 32.150 GOING TO GET FROM
02:02 - 33.650 THE HUSBAND AT
02:02 - 36.040 HIS DEATH. REGARDLESS OF WHAT
02:02 - 37.360 LABEL YOU WANT TO PUT ON IT.
02:02 - 40.070 SHE ASSIGNED TO THE BROTHER IN
02:02 - 40.420 LAW.
02:02 - 43.440 IN THAT WHAT SHE INTENDED.
02:02 - 45.710 I BELIEVE THAT FLOOD.
02:02 - 49.320 HIS COUNSEL
02:02 - 54.360 >>IF YOU'RE BEING A GOOD LAWYER
02:02 - 55.650 YOU'RE TRYING TO SNEAK OUT OF
02:02 - 57.710 IT FIND OUT WHAT YOUR CLIENT
02:02 - 58.850 INTENDED WHEN SHE DID IT.
02:03 - 02.350 I BELIEVE THAT WAS
02:03 - 05.060 EVERY DAY US THAT IF THE S I.
02:03 - 10.550 IT'S ILLEGAL.
02:03 - 14.420 AND IF YOUR CLIENT GETS THE
02:03 - 15.700 MONEY AND I DON'T CARE WHAT YOU
02:03 - 17.160 CALL IT THAT CENTER POCKETBOOK
02:03 - 19.450 CAN SHE. TAKE IT TO
02:03 - 20.980 VEGAS IN WAYS THAT WHEN SHE'S
02:03 - 21.330 GOT IT.
02:03 - 24.990 YES WHICH CAN BE SUBJECTED TO A
02:03 - 29.300 THE LEGAL PROCESS. COMPELLED TO
02:03 - 32.210 IT CAN IF YOUR KIDS SHE HAS
02:03 - 34.330 SIGNED IT WITH 3RD PARTY
02:03 - 35.220 BENEFITS YEAR.
02:03 - 38.480 NO I DON'T BELIEVE SHE CAN
02:03 - 40.540 WHY NOT SHE CAN GO TO VEGAS.
02:03 - 41.860 YOU CAN USE IT FOR TOILET PAPER
02:03 - 42.930 WHY CAN'T YOU SIGN IT.
02:03 - 46.690 IT'S HERS. BECAUSE THE STATUTE
02:03 - 49.320 SAYS IT'S AWESOME. IT'S A SITE
02:03 - 50.380 AND THIS IS WHAT MS.
02:03 - 53.360 MR. MR. CHRISTINE SAID I
02:03 - 54.640 COULDN'T TELL IF THE SHOT WAS A
02:03 - 56.270 MALE OR FEMALE NAME. IT WAS
02:03 - 58.120 A MESS. IT'S A MALE MISTER
02:03 - 00.140 CHRISTINE SAID ONE SITS IN HER
02:04 - 01.100 HANDS. WE DON'T CARE.
02:04 - 03.240 THAT'S THE PENNSYLVANIA
02:04 - 04.920 MUNICIPAL RETIREMENTS.
02:04 - 09.460 THIS CASE IN BUT THE LEAST ALL.
02:04 - 13.080 >>EMR L.
02:04 - 15.750 >>ALL RIGHT, NO EXCUSE ME FOR
02:04 - 17.050 INTERRUPTING, BUT MY TIME IS
02:04 - 17.560 ABOUT
02:04 - 21.260 TO RUN YOUR POSITION IS AND I
02:04 - 22.430 AGAIN I'M TRYING TO FERRET IT
02:04 - 23.610 OUT SO I CAN GO BACK AND LOOK
02:04 - 25.680 AT IT UNDER IN THIS BOOK LEAST
02:04 - 28.260 LAW EVEN AFTER ITS IN HER HANDS
02:04 - 29.040 EVEN THOUGH
02:04 - 31.000 I SHE CAN GO TO VEGAS WITH IT
02:04 - 32.460 SHE CAN USE IT FOR TOILET PAPER
02:04 - 33.890 SHE CAN'T DECIDED TO HER
02:04 - 34.580 BROTHER IN LAW.
02:04 - 38.710 >>LEAST
02:04 - 40.730 PENSION LAW. I GOT IT THANK YOU
02:04 - 41.290 VERY MUCH FOR
02:04 - 41.890 YOUR TIME.
02:04 - 44.130 >>I THANK YOU YOUR 20 MINUTES
02:04 - 45.960 WHICH WE ALLOWED USE UP THERE
02:04 - 47.160 WE'RE GOING TO HEAR FROM THAT
02:04 - 49.290 COUNCIL FOR A JOB KELLY.
02:04 - 57.780 >>THANK YOU MAY HAVE PLEASE THE
02:04 - 58.340 COURT.
02:05 - 01.750 OUR ARGUMENT IS AS
02:05 - 05.820 I WHO YOU ARE SIR.
02:05 - 08.330 I'M SORRY. DANIEL SAGER I
02:05 - 10.020 REPRESENT THE ESTATE OF MICHAEL
02:05 - 11.430 BANG THEM. THANK YOU.
02:05 - 14.890 ARGUMENT IS AS
02:05 - 17.890 FOLLOWS A AS MISTER BREIDENBACH
02:05 - 19.810 THE HOLY. THEY DID.
02:05 - 22.550 IN THIS ONE OFFENSE AT ONE
02:05 - 25.550 POINT WERE PROPERTY OF A ROOM
02:05 - 26.900 AT THE BOURSE, IT WAS MARITAL
02:05 - 28.070 PROPERTY AND THERE IS NO
02:05 - 30.550 AGREEMENT IT PROBABLY WOULD BE
02:05 - 31.630 PROPERTY OF THE.
02:05 - 34.010 >>PROBABLY IT WOULD BE THE KEY.
02:05 - 37.960 MS BEEN YELLEN ULTIMATELY TO
02:05 - 40.070 HER STATE OF IT. THE TEAM WHICH
02:05 - 41.290 IT DID NOT IN THIS CASE.
02:05 - 44.440 HOWEVER THE PARTIES ENTERED
02:05 - 45.340 INTO AN AGREEMENT.
02:05 - 48.810 I'M IN FOR DECADES, THIS COURT
02:05 - 50.870 HAS. THEY DID AS LONG
02:05 - 53.350 AS THERE. IS A HOT IF THERE IS
02:05 - 55.120 A CONTRACT IN LAW AS LONG AS IT
02:05 - 55.330 IS
02:05 - 57.800 NOT A THE CONTRACT OF ADHESION
02:05 - 59.380 COERCION THE REST FRAUD
02:05 - 01.650 MISREPRESENTATION IN CONTRACT
02:06 - 03.670 IS A CONTRACT. AND YOU STATED
02:06 - 05.900 THAT IN YOUR MOST RECENT HASAN
02:06 - 08.030 YESTERDAY AS WELL. LAST YEAR
02:06 - 09.390 WHEN YOU MADE THAT DECISION.
02:06 - 12.340 IF YOU READ BE.
02:06 - 15.920 4 CORNERS OF THE AGREEMENT AND
02:06 - 17.900 IF YOU READ AND IF YOU READ THE
02:06 - 20.240 TESTIMONY OF MS. BEN YOU AS
02:06 - 23.700 WELL IT IS INCONCEIVABLE THAT
02:06 - 26.850 THE PARTIES. ON THE NEWS BEN IF
02:06 - 28.400 MISTER BEN YOU WERE TO DIE,
02:06 - 31.160 WAS RECEIVED THE BENEFITS OR
02:06 - 32.480 SHE CAN JUST TERMINATE THE
02:06 - 34.140 BENEFITS AND IT WOULD NOT
02:06 - 36.920 GO TO MR. BENYON AS A STATE OR
02:06 - 39.080 HAS A PROBLEM ON ME AS THEY DID
02:06 - 40.900 IN THE AGREEMENT YOU READ THE
02:06 - 43.910 AGREEMENT AS A WHOLE THEY AND
02:06 - 45.690 IT IT. A REVIEW OF
02:06 - 47.290 THE RECORD. THEY ACTUALLY
02:06 - 48.530 FOLLOW THROUGH WITH THE
02:06 - 50.570 AGREEMENT IN ALL ITS ENTIRETY
02:06 - 52.320 INCLUDING A WHO DROVE FOR FOR
02:06 - 53.070 ONE K.
02:06 - 56.720 CHANGING RIGHT ON AN INTEREST
02:06 - 58.520 IN MARITAL RESIDENCE.
02:06 - 00.920 PERSONAL PROPERTY
02:07 - 02.740 AND BY THE WAY THEY COULDN'T DO
02:07 - 05.040 A FOOD SO AS THE BRIDE BLOCK
02:07 - 06.740 STATES BECAUSE A IT'S NOT UNDER
02:07 - 08.730 A SILENT READ IT CONCEDES SO
02:07 - 09.690 WOULD HAVE TO BE AT THE NEST
02:07 - 11.000 RELATIONS ORDER BUT SECOND OF
02:07 - 12.480 ALL BECAUSE
02:07 - 14.820 IT ALREADY WAS IN CASE. THAT'S
02:07 - 15.700 AND THAT'S WHAT MISTER
02:07 - 18.620 CHRISTINE STATES IN HIS
02:07 - 20.640 TESTIMONY. THEY WOULD NOT
02:07 - 23.010 EVEN ACCEPT OF A DOMESTIC
02:07 - 24.560 RELATIONS ORDER BECAUSE IT'S
02:07 - 27.150 ALREADY IN PLACE THAT THE ONLY
02:07 - 28.820 WAY YOU CAN GET THE INABILITY.
02:07 - 32.170 ANOTHER PERSON WOULD BE REALLY
02:07 - 34.120 AGREEMENT IN A STATE AND
02:07 - 35.110 THEREFORE THIS
02:07 - 37.350 WHAT THE A TRIAL COURT STATED
02:07 - 39.320 IN THE SUPERIOR COURT FIRMS.
02:07 - 41.460 IT SHOULD BE FOLLOWED BY THIS
02:07 - 41.760 COURT.
02:07 - 43.880 >>THANK
02:07 - 47.080 REVIEW SAGER THE MTA
02:07 - 48.850 QUESTIONING WAS JUST THIS TIME.
02:07 - 53.060 >>I HAVE NO
02:07 - 54.560 QUESTIONS ASKED.
02:07 - 56.210 >>THANK YOU JUSTICE SHOT
02:07 - 57.200 JUSTICE DONE HERE.
02:07 - 02.070 AFTERNOON COUNCIL. I'M I'D LIKE
02:08 - 03.460 TO FOCUS ON
02:08 - 05.510 WHAT I BELIEVE IS THE ONLY
02:08 - 07.760 ISSUE THAT WE GRANT LANDS OF
02:08 - 07.840 THE
02:08 - 10.320 PEEL ON WHICH IS THE
02:08 - 13.370 MEANING OF THE LANGUAGE OF THE
02:08 - 15.970 ICE STATUTE AT ISSUE HERE WHICH
02:08 - 18.180 IS SEEN AS THE WHOLE LOT THESE
02:08 - 19.530 PENSION LAW. SO.
02:08 - 24.910 THE THE I SECTION 7.64.
02:08 - 27.210 GROUP LOSE.
02:08 - 30.250 >>I DID YOU LET ME LET
02:08 - 31.930 ME FREE READ YOU BECAUSE IT'S
02:08 - 34.330 VERY SHORT AND I'D LIKE YOUR
02:08 - 35.510 INTERPRETATION OF WHAT
02:08 - 36.320 IT MEANS.
02:08 - 39.100 >>RETIREMENT ALLOWANCE HERE IN
02:08 - 42.180 GREW BY 4 SHALL BE PAYABLE ONLY
02:08 - 44.190 TO THE BENEFICIARY DESIGNATED
02:08 - 44.350 IN
02:08 - 46.650 THIS YEAH AND SHALL NOT BE
02:08 - 48.530 SUBJECT TO ASSIGNMENT OR
02:08 - 49.330 TRANSFER.
02:08 - 51.550 AND TELL YOU HOW I READ THE
02:08 - 54.270 STATUTE AND YOU TELL ME YEAH I
02:08 - 57.060 MISS SOMETHING OR LOSE
02:08 - 00.340 THE ON PLANNED ADMINISTRATOR
02:09 - 02.970 FROM MAKING PAYMENTS TO ANYONE,
02:09 - 03.170 BUT
02:09 - 05.880 THE BENEFICIARY AND PRECLUDE
02:09 - 07.800 SOME PLAN ADMINISTRATOR FROM
02:09 - 08.710 ACCEPTING
02:09 - 11.230 AN ASSIGNMENT. SO THAT IT
02:09 - 13.180 SHOULD AT YOU MAY EVEN BE
02:09 - 14.420 SOMEONE EITHER BEEN THE
02:09 - 16.650 BENEFICIARY. DO YOU AGREE WITH
02:09 - 18.820 THAT INTERPRETATION. YES I
02:09 - 19.300 AGREE WITH
02:09 - 20.540 THAT INTERPRETATION.
02:09 - 23.040 >>WHAT IT DOESN'T DO IS IT DOES
02:09 - 25.520 NOT PRECLUDE ONCE PAYMENT IS
02:09 - 27.090 MADE TO THE BENEFICIARY THE
02:09 - 30.100 BENEFICIARY OF SIGNING MONEY'S
02:09 - 32.310 THEY RECEIVE TO A 3RD PARTY OR
02:09 - 33.790 GO, DOES
02:09 - 36.140 THIS BEAR AND IT STATED TO LAS
02:09 - 38.190 VEGAS FAVORITE TOILET PAPER.
02:09 - 40.190 THERE'S NOTHING THAT PRECLUDES
02:09 - 41.920 ONE GOING OUT OR ENTERING INTO
02:09 - 43.360 AN AGREEMENT THAT STATE AND
02:09 - 45.390 MISTER CHRISTINE ALSO THAT'S
02:09 - 45.480 THE
02:09 - 46.110 5 OUTLOOK.
02:09 - 48.390 >>I RECEIVE YOU YOU'RE YOU'RE
02:09 - 50.360 IN AGREEMENT WITH ME AS TO
02:09 - 53.520 WHY THIS SECTION OF THE LET ME
02:09 - 55.510 TAKE IT ONE STEP FURTHER ICE.
02:09 - 57.450 THERE IS ANOTHER QUESTION
02:09 - 59.510 STATUTORY INTERPRETATION IN
02:09 - 00.660 THIS CASE IN
02:10 - 02.450 HE ONCE AGAIN THIS IS WHAT THE
02:10 - 03.770 CAPITAL LANSING THAT YOU DON'T
02:10 - 04.000 LIKE.
02:10 - 05.090 >>I'M.
02:10 - 08.300 >>I SECTION SNOWDEN 70 SEX.
02:10 - 09.740 I PROVIDE
02:10 - 12.500 10 MINUTES. I SYRIAN PROVIDED
02:10 - 14.710 SHALL NOT BE SUBJECT TO CASHMAN
02:10 - 16.990 EXECUTION. LEVY
02:10 - 19.110 GARNISHMENT OR OTHER
02:10 - 22.140 LEGAL PROCESS AND YOU KNOW YOU
02:10 - 22.500 WITH THAT
02:10 - 24.720 STATUTE. YES, AND IT GOES ON TO
02:10 - 26.740 SAY AND SHALL BE PAYABLE ONLY
02:10 - 28.780 TO THE MEMBER OR HIS DESIGNATED
02:10 - 31.230 BENEFICIARY. AND USES LANGUAGE
02:10 - 32.600 AND SHALL NOT BE SUBJECT TO
02:10 - 35.320 ASSIGNMENT OR TRANSFER. AS I
02:10 - 36.710 READ THIS STATUTE.
02:10 - 39.070 THIS PRECLUDES
02:10 - 41.790 ANY INTERFERENCE WITH
02:10 - 45.090 THESE FINES BEFORE AND FINDS
02:10 - 46.810 REACH THE BENEFICIARY.
02:10 - 47.840 >>CORRECT.
02:10 - 49.660 >>THAT'S ALL I READ THAT AS
02:10 - 50.660 WELL AND THAT'S WHAT I THINK
02:10 - 51.580 IT'S LAWS AS I
02:10 - 52.410 REVIEW SECONDS.
02:10 - 54.530 >>AND SO IN THE END OF PHRASE
02:10 - 57.300 AND OTHER LEGAL PROCESS.
02:10 - 00.020 >>THEREFORE REFERS
02:11 - 02.300 TO ANY OTHER LEGAL PROCESS
02:11 - 04.390 DIRECTED I NEED TO BE PLANNED
02:11 - 06.470 MANY STRAIGHTER OR FOR EXAMPLE,
02:11 - 09.470 THE BANK IN WHICH THE FINES ARE
02:11 - 11.890 IN DECLINE. HER FOR EXAMPLE
02:11 - 13.890 IN JUNCTION WE'RE DECLARATORY
02:11 - 15.670 JUDGMENT, IT'S PRIMARILY YOU.
02:11 - 17.580 >>READ IT FOR CREDITORS, THE
02:11 - 19.200 BANK CREDITORS FROM ABOUT YOU
02:11 - 22.240 WANT TO LOVE SO THE ANNUITY OR
02:11 - 23.670 THE PENSION BENEFIT THEM.
02:11 - 24.800 WE'RE GOING TO SHIP.
02:11 - 27.780 >>OKAY SO YES, IT DOES NOT
02:11 - 30.040 SPEAK AT ALL TO LAST
02:11 - 32.450 THE BENEFICIARY CAN DO WITH THE
02:11 - 33.940 FINES WHEN IT IN YOUR POCKET.
02:11 - 36.050 >>CORRECT OKAY. THANK YOU.
02:11 - 38.780 >>THANK YOU JUSTICE DAUGHERTY.
02:11 - 41.140 >>CLARITY
02:11 - 42.920 PURPOSES, YOU'RE INDICATIONS
02:11 - 43.770 THAT THEY'RE NOT THE ONLY
02:11 - 45.940 NATION 1000 I BECAUSE THE MONEY
02:11 - 47.570 WAS RECEIVED BY THE RIGHT
02:11 - 47.810 THING.
02:11 - 50.040 >>AND THEREFORE ANYTHING DONE
02:11 - 52.010 THEREAFTER WOULD BE SUBJECT TO
02:11 - 52.930 THE PROPERTY SEND
02:11 - 54.030 WAS IRAQ.
02:11 - 56.130 >>OKAY AS LONG AS IT DOES NOT
02:11 - 57.450 CONFLICT AND DOES NOT
02:11 - 59.030 LIKE THESE. PENNSYLVANIA
02:11 - 01.520 PENSION LAWS WHICH IT DID NOT.
02:12 - 02.950 US JUST
02:12 - 05.160 AS DONAHUE IT COULD NOT BE
02:12 - 06.780 GARNISHED DIRECTLY AS DID
02:12 - 08.760 MISTER KIRSTEIN FIRST. YES
02:12 - 11.400 RIGHT A GUY. THANK YOU YOU'VE
02:12 - 12.220 GOT TO ACT.
02:12 - 13.840 >>THANK YOU CHIEF JUSTICE
02:12 - 16.240 COUNCIL SO THAT AS LONG AS THE
02:12 - 18.310 BENEFICIARY HAS GOOD FUNDS.
02:12 - 23.300 ANY LEGAL PROCESS
02:12 - 24.270 COULD ENSUE
02:12 - 26.950 THEREAFTER IN OT BE IN
02:12 - 29.980 VIOLATION OF PENSION PROVISIONS
02:12 - 32.250 IS THAT CORRECT. HER. THANK
02:12 - 34.670 YOU. THIS IS MONEY.
02:12 - 39.790 NO PRESS. THANK YOU, THAT'S A
02:12 - 40.420 SPARE.
02:12 - 43.300 AND I'M FOLLOWING UP I GUESS
02:12 - 44.680 WE'RE ALL BEATING THE SAME DEAD
02:12 - 45.800 COURSE JUST BECAUSE OF THE
02:12 - 48.300 OTHER SIDE. YOU CAN SEE THAT
02:12 - 50.220 ONCE THIS MONEY HAS BEEN PAID
02:12 - 51.000 TO HER THE CITY
02:12 - 54.150 HAS SURVIVED IN PAID FORMER
02:12 - 55.870 WIFE DECEASED WIFE. WE CAN BE
02:12 - 56.540 GARNISHED.
02:12 - 00.430 THEY CAN BE ATTACHED WHATEVER.
02:13 - 01.910 FOR STARTERS IS THAT RIGHT.
02:13 - 03.470 CORRECT OKAY.
02:13 - 04.830 >>I I
02:13 - 09.750 YEAR AGREEMENT.
02:13 - 14.710 ENTITLES YOU TO COUNSEL FEES
02:13 - 16.130 AND I KNOW THE TRIAL COURT GAVE
02:13 - 16.240 YOU
02:13 - 17.860 COUNCIL SEATS. BUT YES, I'M
02:13 - 19.540 STAN SHULL COUNCIL SEES I WOULD
02:13 - 21.110 PRESUME IN PREPARING
02:13 - 25.120 TO US YOU WANT THIS CASE ME MAN
02:13 - 27.000 DID IF YOU PREVAIL MAJORITY THE
02:13 - 29.470 COURT SEES IT YOUR WAY TO
02:13 - 31.980 TO AH AND ADDITIONAL COUNSEL
02:13 - 33.060 FEES FROM THE
02:13 - 33.620 OTHER SIDE.
02:13 - 36.910 >>I I WOULD ASK THAT THE EFFECT
02:13 - 38.530 WHERE THE THE COURT'S
02:13 - 40.370 DECISION THAT THERE WOULD BE AT
02:13 - 42.400 THE TERMINATION OR OR TO TO
02:13 - 44.460 MAKE THAT. ADDITIONAL.
02:13 - 47.980 RELIEF WHAT THESE SYRIA COURT
02:13 - 50.220 THAT BECAUSE OF THAT WHO'S UP
02:13 - 50.540 AND YOU
02:13 - 53.610 ULTIMATELY DIES REMAINS IT TO A
02:13 - 55.240 LOWER COURT FOR CHANGE IN
02:13 - 56.910 DAMAGES ANYWAY BECAUSE
02:13 - 59.220 OBVIOUSLY THERE'S CHANGING IN
02:13 - 00.480 DAMAGES CELL.
02:14 - 03.180 >>SO YOU HAVE AN OPPORTUNITY TO
02:14 - 04.380 SEEK FEEL WE DON'T HAVE TO
02:14 - 06.410 SPECIFY THAT. LET'S GO BACK.
02:14 - 10.050 ID IF YOU PREVAIL HERE.
02:14 - 13.350 AND ONE OTHER QUESTION I CAN'T
02:14 - 14.720 REMEMBER CHEETHAM DONE THANK
02:14 - 14.840 YOU.
02:14 - 16.510 >>THANK YOU JUSTIN BIEBER JUST
02:14 - 20.730 AS TODD MEANY A. 4 NOTHING.
02:14 - 23.600 I THINK IT DOES THE HONEY YEAR.
02:14 - 27.100 OK WELL
02:14 - 29.380 THANK YOU. IF YOU'D LIKE TO SAY
02:14 - 29.970 A A.
02:14 - 32.790 WE'RE TOO BY WAY OF SUMMATION
02:14 - 34.230 WE APPRECIATE IA.
02:14 - 36.720 THE SAME IS YOUR ARGUMENT
02:14 - 37.550 MISTER SAGER.
02:14 - 39.760 >>I'M A VERY VERY BRIEF EDGES
02:14 - 41.900 THAT IS THAT THIS COURT FROM
02:14 - 43.490 THE DECISION OF THE SUPERIOR
02:14 - 45.220 COURT REMANDED TO THE LOWER
02:14 - 47.370 COURT RELATED TO THEM.
02:14 - 51.260 >>THANK YOU, THANKS TO BOTH OF
02:14 - 52.480 THEM IS A COMPELLING ARGUMENT
02:14 - 54.420 IN THAT CASE. FIRST READ YOUR
02:14 - 56.790 CIGARETTES ARGUMENTS. IN THE
02:14 - 59.060 FINAL CAY ONE 15.
02:15 - 03.040 >>THE PC AND FAMILY. OUR ROOTS
02:15 - 04.250 RUN DEEP. WHAT
02:15 - 05.970 A LOT OF A PLAN TO DISTRIBUTE
02:15 - 07.690 EDUCATIONAL PROGRAMMING HAS
02:15 - 09.410 GROWN INTO THE NATION'S LEADING
02:15 - 10.790 STATEWIDE PUBLIC AFFAIRS
02:15 - 11.970 NETWORK. SINCE
02:15 - 15.250 1979 PCN HAS BEEN SUPPORTED BY
02:15 - 16.950 CABLE OPERATORS ACROSS
02:15 - 18.550 THE STATE. IT IS BECAUSE OF
02:15 - 20.790 THIS GENEROUS SUPPORT THE PC
02:15 - 22.800 AND USES NO STATE OR FEDERAL
02:15 - 24.690 TAX DOLLARS REACHING MORE THAN
02:15 - 26.500 10 MILLION OF OUR NEIGHBORS.
02:15 - 28.130 THANK YOUR CABLE OPERATOR.
02:15 - 29.190 WE DO.
02:15 - 32.610 >>THE NEXT ARGUMENT IS A MATTER
02:15 - 35.140 OF CATHERINE. WHY HER SAYS THE
02:15 - 36.360 UNIVERSITY OF PITTSBURGH'S
02:15 - 37.710 POSITIONS YOU CAN SEE.
02:15 - 40.200 ARENA ON BEHALF OF APPELLANTS
02:15 - 41.960 IS MARCH MUNICH ARE YOU ON
02:15 - 43.740 BEHALF TELL YOU SAYS JOHNSON
02:15 - 44.140 CAUGHT.
02:15 - 48.680 >>I GET AFTERNOON NOT.
02:15 - 50.320 THE POWER
02:15 - 52.260 GOES OUT. INJURED IN THE
02:15 - 55.140 SHOOTING OF BOY DIED. QUESTION
02:15 - 55.960 THE NEXT ARGUMENT.
02:15 - 59.370 SHE AND HER HUSBAND SUED
02:15 - 01.110 VARIOUS MEDICAL ENTITIES.
02:16 - 02.590 AND YOU CAN'T TO
02:16 - 04.820 SHOOTER SITUATIONS. SCHUMER
02:16 - 06.390 TAKEN STEPS TO HAVE HIM
02:16 - 08.080 INVOLUNTARILY JAM.
02:16 - 10.690 AND THAT THEIR CARRIER TO DO SO
02:16 - 11.630 CONSTITUTED
02:16 - 14.630 GROSS NEGLIGENCE. JACKIE MEMBER
02:16 - 16.210 LIABILITY UNDER THE MENTAL
02:16 - 17.720 HEALTH PROCEDURES ACT.
02:16 - 20.850 THE TRIAL COURT GRANTED THE
02:16 - 22.730 MEDICAL ENTITIES, PLENTY OF
02:16 - 25.140 OPTIONS. AND THE SUPERIOR COURT
02:16 - 25.780 OF FROM.
02:16 - 28.190 CONCLUDING THAT THE POSITIONS
02:16 - 30.110 TREATED THE SHOOTER. ON
02:16 - 32.790 A VOLUNTARY I THINK THEY SHOULD
02:16 - 34.800 AND THAT SUCH TREATMENT FELL
02:16 - 36.370 OUTSIDE THE SCOPE OF THE ACT.
02:16 - 39.450 THE COURT ALLOWED APPEAL TO
02:16 - 41.110 REVALUE AGE THIS HOLDING.
02:16 - 46.940 >>THANK YOU YOUR HONOR MAY IT
02:16 - 48.030 PLEASE THE COURT. I'M
02:16 - 50.310 MARK AMINA AND AS YOU KNOW, I
02:16 - 51.610 REPRESENT CATHERINE LIKE THE
02:16 - 53.310 MOST SERIOUSLY YOUR EYES AND
02:16 - 54.080 YOUR MOTHER.
02:16 - 58.830 MENTALLY ILL PERSON WHO GOT TO
02:16 - 59.860 THE WEST AND SITE MASS
02:16 - 00.460 SHOOTINGS.
02:17 - 03.390 MRS. WHITE'S CLAIMS ARE
02:17 - 06.290 STRICTLY BASED ON. REACHES OF
02:17 - 08.350 DUTY IMPOSED ON THAT THE
02:17 - 10.060 SHOOTER'S POSITIONS BY STATUTE.
02:17 - 13.610 NO PROCEDURES ACT. FIRST
02:17 - 15.670 THE SESSION LOWER COURTS WORK
02:17 - 17.770 IN ERROR BECAUSE A SECTION 3,
02:17 - 20.720 2, INVOLUNTARY EMERGENCY,
02:17 - 23.270 MENTAL HEALTH EXAMINATION IS
02:17 - 25.040 OBVIOUSLY IN VOLUNTEER.
02:17 - 27.880 AN HPA SECTION 1, 1,
02:17 - 30.090 4 SPECIFICALLY ALLOWS FOR EVERY
02:17 - 31.810 IMAGE IS CAUSED BY DOCTORS.
02:17 - 34.200 PRESLEY NEGLIGENT PARTICIPATION
02:17 - 35.830 INVOLUNTARY EXAMINATION
02:17 - 36.360 DECISION.
02:17 - 39.640 IT HAS A SHE NOTED THE TRIAL
02:17 - 40.060 COURT.
02:17 - 43.390 SECTION 1, 1, 3, SKLOOT
02:17 - 45.450 VOLUNTARY OUTPATIENT MENTAL
02:17 - 47.490 HEALTH CARE MEDICAL CARE.
02:17 - 50.070 AND THEREFORE RULED TIMES
02:17 - 51.640 OUTSIDE THE SNOW NEWS.
02:17 - 54.140 THE OPERATIVE FACT SORT OF THE
02:17 - 55.830 DOCTORS DECIDED THEIR PATIENTS
02:17 - 57.440 REQUIRE SECTION 3 O TO
02:17 - 58.900 INVOLUNTARY EXAMINATION.
02:17 - 00.870 PREAKNESS BECAUSE OF THE
02:18 - 02.580 SEVERELY MENTALLY ILL PERSON
02:18 - 04.250 WHO WAS A CLEAR AND PRESENT
02:18 - 05.160 YOUR ARMS UP.
02:18 - 08.320 AS THE IMAGE PH FIRST STEP IN
02:18 - 09.630 THE END ZONE DURING THIS
02:18 - 10.040 PROCESS.
02:18 - 13.020 THE HERS FACTS ESTABLISHING
02:18 - 14.430 THOSE DECISIONS WERE GROSSLY
02:18 - 16.960 NEGLIGENT LEE EXECUTED. I WON
02:18 - 19.000 MY ELECTION. THE DOCTORS DID
02:18 - 21.110 TAKE STEPS. WHAT THEY DIDN'T
02:18 - 22.750 DO. THAT'S A HUGE THEIR
02:18 - 24.660 DECISION BECAUSE THE
02:18 - 26.570 INVOLUNTARY EXAM TO ACTUALLY
02:18 - 26.850 ARE.
02:18 - 30.010 UNDER THE ACCORD AND VIRAT SOLD
02:18 - 30.190 THEM
02:18 - 32.400 TO DO THAT DECISION STEPS AND
02:18 - 34.000 THE INSURGENTS INVOLUNTARY
02:18 - 34.720 MENTAL HEALTH.
02:18 - 38.580 INVOLUNTARY TREATMENT. UNDER
02:18 - 40.220 THE PLANNED MEETING OF THE NHP
02:18 - 41.460 A SECTION ONE OF THE GREAT
02:18 - 43.590 PLEASE ASK THE QUESTION ARE
02:18 - 46.140 NEEDED THERE ARE. THE SECOND
02:18 - 46.660 REASON THAT THE
02:18 - 49.020 TRIAL COURT USED TO DISMISSING
02:18 - 50.190 A COMPLAINT AGAINST
02:18 - 53.410 THE DOCTORS. LET'S TALK OR WIFE
02:18 - 55.360 BILITY FOR THEIR GROSSLY
02:18 - 56.760 NEGLIGENT EXECUTION OF THE
02:18 - 58.660 INVOLUNTARY EXAMINATIONS.
02:18 - 01.820 AND WHAT THEY CONSIDER UNLESS
02:19 - 04.030 AND UNTIL THE DOCTORS SIGN A
02:19 - 05.420 DOCUMENT THAT WOULD HAVE CAUSED
02:19 - 07.140 THE EXAMINATION. YOU HAVE
02:19 - 07.660 OCCURRED.
02:19 - 11.120 YES THAT'S WHAT I SAID.
02:19 - 14.140 I RESPECTFULLY IT SHOWS A
02:19 - 15.700 FUNDAMENTAL MISUNDERSTANDING OF
02:19 - 17.300 THE STRUCTURE OF NEXT YEAR.
02:19 - 20.090 LOWER COURTS GOT THE NXT A
02:19 - 21.610 STATUTORY SCHEME BACKWARD.
02:19 - 25.160 I WAS IN THE SECTION 3 O TO
02:19 - 27.390 WRITE A PEACE OFFICER DOCTOR.
02:19 - 29.610 IT'S PHYSICALLY TAKE THE PERSON
02:19 - 31.420 WHO. THE FACILITY FOR
02:19 - 33.930 EXAMINATION. THE ACT REQUIRES
02:19 - 35.910 THAT EACH TIME AN EVENT OCCURS
02:19 - 37.770 IN BALDWIN. ANY LONG-TERM
02:19 - 38.650 MENTAL HEALTH TREATMENT.
02:19 - 40.400 I DOCUMENT MUST BE SIGNED.
02:19 - 43.210 IF DOCTORS GROSSLY NEGLIGENT WE
02:19 - 44.730 DECIDED TO FINISH EARLY TO
02:19 - 46.270 START A MENTAL ISSUE.
02:19 - 48.890 COMMITMENT AS IN GLORIA.
02:19 - 53.220 THEY DO NOT SIGN AN EXTENSION
02:19 - 53.540 NOT.
02:19 - 56.210 >>THANK YOU FOR HAVING COUNT.
02:19 - 58.420 I WOULD ADD JOBS,
02:19 - 00.780 OWNING ALL WILL BEGIN THE
02:20 - 02.890 QUESTIONING STARTING WITH A
02:20 - 04.000 JUSTICE ACT.
02:20 - 08.540 >>THANK YOU CHIEF JUSTICE BY
02:20 - 09.540 THE AFTERNOON MISTER ON THE
02:20 - 12.560 ACT. NEW YORK. I WONDER IF YOU
02:20 - 13.320 COULD GOD.
02:20 - 17.140 COULD IDENTIFY FOR US.
02:20 - 21.240 THE POINT IN TIME OR THAT
02:20 - 24.470 PARTICULAR ACTION. AT WHICH
02:20 - 27.190 JUNCTURE THE MH PA CAME
02:20 - 29.690 INTO PLAY. IN OTHER WORDS TO
02:20 - 30.520 PINPOINT
02:20 - 33.130 THE DECISION THAT BROUGHT THE
02:20 - 35.720 TERROR OF MISTER SHEK ARE UNDER
02:20 - 37.940 THE MHP A'S COVERAGE.
02:20 - 41.830 >>FRIDAY 2/10/2012.
02:20 - 44.080 AT THAT POINT SHE
02:20 - 45.810 CAME INTO THE OFFICE OF THE
02:20 - 48.000 FAMILY PRACTITIONERS DURING A
02:20 - 49.440 BASEBALL BAT AS HE HAD BEEN
02:20 - 52.000 DOING IN I GOT A
02:20 - 54.380 BASEBALL BAT. I WAS BANGING ON
02:20 - 55.550 THE COUNTER AND THREATENING THE
02:20 - 56.780 STAFF AND A DOCTOR.
02:20 - 00.740 THE PHYSICIANS. SO WE'RE THERE
02:21 - 02.050 AND SERVED IT. ONE
02:21 - 04.020 OF THEM ALL WESTERN SITES ALL
02:21 - 05.590 PATIENTS UNIT RESULT,
02:21 - 07.880 REPORTING, IT SHOULD HAVE BEEN.
02:21 - 11.240 OUR CONTROL IS NOW IT'S TOO
02:21 - 13.180 LATE. BRENDA WITH THE BASEBALL
02:21 - 15.380 BAT. I'M REQUESTING COMMITMENT
02:21 - 15.960 ASSISTANT.
02:21 - 19.630 THE RESOLVE IS WHAT THEY CALL
02:21 - 21.850 IT THE OPERATION YOU THAT WENT
02:21 - 22.820 TO SHERIFF'S DEPARTMENT.
02:21 - 25.030 SHE WOULDN'T LET THE MAN THEY
02:21 - 25.780 TRIED TO CALL
02:21 - 28.590 THE DOCTOR. AND THE DOCTOR WAS
02:21 - 29.660 NOT WAS NO LONGER AT THE
02:21 - 30.220 OFFICE.
02:21 - 34.590 SO THEN ON MONDAY. THERE WERE
02:21 - 37.410 30. RESOLVED AS
02:21 - 38.820 IT'S CALLED ALL THE
02:21 - 41.480 DOCTOR AGAIN SAID WE COULDN'T
02:21 - 43.620 THEM BECAUSE WE DIDN'T HEAR
02:21 - 45.650 FROM YOU. ONLY PERSON WHO TOOK
02:21 - 47.960 THE CALL HER. THEREFORE WE NEED
02:21 - 49.000 TO HEAR FROM YOU.
02:21 - 51.260 HE SAID I'M NOT REPORTED TO MY
02:21 - 52.530 UPI THE SUPERVISOR.
02:21 - 56.050 104 DAYS LATER. JACK'S MOTHER
02:21 - 58.010 CALLED YOU CAN SEE SHAY SIDE
02:21 - 00.360 FAMILY. THERE FOR HER CONCERNS
02:22 - 02.530 ABOUT SHIP. THE DOCTOR AND
02:22 - 04.310 THEY DID. FIRST CALL
02:22 - 06.560 HIS SUPERVISOR. AND ANOTHER
02:22 - 08.650 RESIDENT PHYSICIAN DISCUSS THE
02:22 - 11.010 SITUATION. THE SAME DOCTOR
02:22 - 13.060 DOCTOR WONDER ALL WESTERN SITE
02:22 - 15.000 ASKING TO HAVE AN INVOLUNTARY
02:22 - 17.120 COMMITMENT PAPERS. THANKS TO
02:22 - 17.330 YOU.
02:22 - 20.730 YOU CRYSTAL.
02:22 - 21.860 >>COULD I IF I COULD JUST
02:22 - 23.250 INTERRUPT IF ALL OF HIS DRAMA
02:22 - 25.130 EXCUSE ME WELL, BUT I
02:22 - 25.900 UNDERSTAND THERE'S
02:22 - 29.110 AND FROM YOUR THERE'S OBVIOUSLY
02:22 - 31.110 AN AVALANCHE OR CASCADING.
02:22 - 32.950 SET OF FACTS HERE.
02:22 - 36.560 MY MY MY QUESTION IS IN I GUESS
02:22 - 38.670 MY FOLLOW-UP QUESTION IS IN THE
02:22 - 40.810 ABSENCE OF THE BRIGHT LINE.
02:22 - 43.730 >>WHICH HAPPILY TELLS US
02:22 - 45.750 THE STATUTE AND BODIES I THE
02:22 - 47.560 ACT IN THE ACT IN SELF OF THE
02:22 - 49.540 INVOLUNTARY COMMITMENT. THE
02:22 - 52.600 MEN'S IN THE COVERAGE. YOU
02:22 - 54.630 KNOW WHAT WOULD YOU SUGGEST
02:22 - 57.200 THAT THIS COURT OFFERS AS
02:22 - 00.650 THE STANDARD TO GOVERN. THE LAW
02:23 - 02.480 IN THIS AREA. 4
02:23 - 06.640 WHEN THE MHP A COVERAGE EXIST
02:23 - 08.450 BECAUSE OBVIOUSLY YOU'VE
02:23 - 10.500 ARTICULATED FACTS THAT IT WILL
02:23 - 12.190 MESH COURTS IN A PRETTY
02:23 - 14.360 SUBSTANTIAL GRAY AREA WITH THE
02:23 - 15.120 POTENTIAL
02:23 - 18.240 FOR DIFFERING OUTCOMES IN SINCE
02:23 - 19.730 IS NOT LIKE THE TERRORISTS OFF
02:23 - 20.940 COMMON-LAW CLAIM
02:23 - 22.910 IT'S IMPORTANT THAT THE LOWER
02:23 - 24.130 COURTS UNDERSTAND WHEN THE
02:23 - 26.550 STATUTE'S COVERAGE APPLIES NOT
02:23 - 27.760 JUST WHAT HAPPENED WHEN MR.
02:23 - 29.490 SHIP. I
02:23 - 30.930 WOULD SUGGEST.
02:23 - 33.670 >>I WOULD SUGGEST THAT THE LINE
02:23 - 36.440 IS ONCE A DOCTOR'S AND THAT IS
02:23 - 38.950 THEIR DECISION THAT THE PERSON
02:23 - 39.830 MUST UNDERGO IT
02:23 - 41.720 AND IN THIS CASE IT IS A
02:23 - 43.470 DECISION BY IN THE FIRST CALL
02:23 - 44.130 ASKING YOU TO
02:23 - 46.640 BE COMMITTED. I'M ASKING BOTH
02:23 - 48.100 DOCUMENTS THE FACTS TOO.
02:23 - 50.540 THE BAN. I KNOW THAT THEY
02:23 - 51.960 WOULDN'T BE FACTS AND THEN
02:23 - 54.560 REFUSING TO GO 5 MILES FROM
02:23 - 55.770 CHILLY SIDE TO OAKLAND.
02:23 - 00.080 TO FIND THE DOCUMENT AND THEN
02:24 - 02.040 FINALLY THE 3RD TIME WHEN THE
02:24 - 05.100 DOCTOR SAID MORE TO THE RESULT
02:24 - 06.350 PERSON WHO WAS GOING TO COME TO
02:24 - 08.570 HIM, YOU GOT IT FACE TO FACE
02:24 - 09.380 AND
02:24 - 11.950 HE SAID NO I CHANGE MY MIND I
02:24 - 14.380 DON'T YOU COME HERE ANYMORE GO
02:24 - 15.970 TO WESTERN SITE TOMORROW.
02:24 - 17.270 AND THEN DO.
02:24 - 23.210 ARTICULATE AS THE MEMBERS OF
02:24 - 25.770 THIS COURT ARE IN YOU TURN YOUR
02:24 - 27.420 QUESTION. I DON'T
02:24 - 29.020 KNOW HOW AND THE SAME ON AND
02:24 - 30.260 WHEN YOU LOOK AT IT, YOU KNOW
02:24 - 32.400 WHAT IT IS THESE DOCTORS
02:24 - 34.660 DECIDED HE DID. HE DID IT.
02:24 - 36.660 WELL STEPS TO ACCOMPLISH IT.
02:24 - 38.840 WE'RE TOLD NO YOU HAVE TO COME
02:24 - 39.490 INSIDE.
02:24 - 43.840 I MEAN, I'M WHAT YOU
02:24 - 45.930 CALL THAT OTHER THAN.
02:24 - 48.340 THERE'S NO EVIDENCE OF A RECENT
02:24 - 51.530 DECISION AND IT TOO CAUSE IT TO
02:24 - 52.980 A PLACE AND
02:24 - 55.190 THEN REVIEWS YOU TAKE THE STEPS
02:24 - 56.580 THAT WERE OR NOT.
02:24 - 59.990 JUST AS MONDAY.
02:25 - 00.750 ACT.
02:25 - 02.480 >>I HAVE NO QUESTIONS AT THIS
02:25 - 03.280 TIME, THANKS.
02:25 - 05.170 >>WE CAN'T JUST SIT THERE.
02:25 - 10.100 THE CZARNIAK YOU DO YOU HAVE TO
02:25 - 11.270 IN YOUR ESTIMATION GET
02:25 - 14.090 I SECTION ONE O 3 SCOPE OF
02:25 - 16.440 THE ACT. BEFORE YOU GO ANY
02:25 - 17.720 FURTHER ANALYSIS.
02:25 - 20.950 IT'S ON I BELIEVE THE ONE OF 3
02:25 - 23.080 SCOPE WAS.
02:25 - 24.650 >>NOT PROPERLY TAKEN HERE
02:25 - 25.120 BECAUSE IT'S
02:25 - 28.650 AN INVOLUNTARY. NOT
02:25 - 30.280 RESPECTFULLY BECAUSE OF MY TIME
02:25 - 31.590 IS LIMITED SO I'M TRYING TO
02:25 - 32.280 STAY CHANNEL.
02:25 - 36.370 >>READ THE STATUTE THAT IF YOU
02:25 - 38.760 DO NOT YOUR CLIENT.
02:25 - 41.020 THAT THE
02:25 - 42.420 INJURY THAT THEY'RE THERE WHAT
02:25 - 43.760 THE MENTAL HEALTH PROCEDURES
02:25 - 46.880 ACT. ONE '03 IS NOT
02:25 - 47.940 APPLICABLE TO YOUR CLIENT
02:25 - 49.460 REGARDLESS OF YOUR ARGUMENT HAS
02:25 - 50.920 WON THERE IT IS IF IT'S NOT
02:25 - 51.940 HAPPENED TO YOUR CLIENT YOU'RE
02:25 - 52.500 OUT OF COURT.
02:25 - 57.970 I UNDERSTAND YOU THINK IT IS.
02:26 - 02.640 I HAVE DIFFICULTY UNDERSTANDING
02:26 - 06.630 YOUR QUESTION. 3 INCHES OF HP A
02:26 - 08.570 SCOPE OF THE ACT RIGHT IF I
02:26 - 10.930 READ THAT AND CONCLUDE YOUR
02:26 - 13.100 CLIENT THAT THAT.
02:26 - 16.390 AND THE THAT I'M SORRY THAT THE
02:26 - 18.670 MENTALLY ILL INDIVIDUAL IS NOT
02:26 - 20.430 WITHIN THE SCOPE OF THIS APP IS
02:26 - 21.780 THAT IN THE INQUIRY HERE.
02:26 - 24.190 WHAT IF HE WOULD DECIDE TO.
02:26 - 26.890 THAT ONE OF 3.
02:26 - 29.830 PROVIDING THAT ANY TIME IN THE
02:26 - 31.810 OUTPATIENT MENTAL HEALTH CARE
02:26 - 35.010 AND IT AND BE INVOLUNTARY.
02:26 - 38.550 EXAMINATION IS NOT WITHIN
02:26 - 41.230 THE INVOLUNTARY. TREATMENT
02:26 - 43.290 BITTERLY IS LIVE IN THIS EFFORT
02:26 - 43.620 AND
02:26 - 46.100 THE BAND. SO IF YOU'RE ANY GOOD
02:26 - 47.400 I HAVE I HATE TO BE HURRY.
02:26 - 48.650 BUT I I WAS LIMITED
02:26 - 50.820 AND I WANT TO DECIDE THIS
02:26 - 51.910 DIRECTLY FROM TRYING TO
02:26 - 52.870 UNDERSTAND THE ARGUMENT.
02:26 - 55.310 SO I FEEL GOOD ABOUT I VOTE
02:26 - 57.210 REGARDLESS OF WHERE IT IS WHAT
02:26 - 58.810 ON WHAT UNDER ONE OF 3
02:26 - 01.770 ENCOMPASSES THIS SERIOUSLY
02:27 - 04.000 ILL INDIVIDUAL IS IT THAT HE
02:27 - 05.780 WAS INVOLUNTARILY TREATED.
02:27 - 09.240 HE WAS IMPATIENT
02:27 - 10.410 INVOLUNTARY INPATIENT OR
02:27 - 12.010 OUTPATIENT IT WAS INVOLUNTARY
02:27 - 13.460 AND AGE. IT IS THAT HIS
02:27 - 15.080 PHYSICIANS WERE INITIATING THE
02:27 - 16.100 INVOLUNTARY TREE.
02:27 - 21.220 >>SO YOU WANT TO COP THIS AND I
02:27 - 22.190 APPRECIATE THAT SHE WOULD
02:27 - 24.030 ENCOMPASS INITIATION OF
02:27 - 24.520 TREATMENT.
02:27 - 25.860 >>AS THE.
02:27 - 29.510 >>RIGHT PROCEDURE FOR
02:27 - 31.820 INVOLUNTARY TREE. THAT FAIR.
02:27 - 34.320 THIS IS WHAT IT IS OKAY.
02:27 - 37.530 THANK YOU FOR THAT THE THE.
02:27 - 40.140 THE OTHER THING THAT CONCERNS
02:27 - 42.630 ME HERE IS WHERE YOU DRAW
02:27 - 46.060 THE LINE. A TYPICAL PATIENT
02:27 - 49.180 WHO'S GOT SOME. IT'S NOT TOO
02:27 - 49.760 SERIOUS
02:27 - 51.830 DEPRESSION OR WE'RE BEGINNINGS
02:27 - 54.000 OF SUNDOWN SYNDROME OR OR OR
02:27 - 56.550 THE LIKE GOES TO SEE THEIR PCP
02:27 - 57.790 AND PCP RIGHTS IN
02:27 - 00.060 THE NOTES. SOME CONCERNS FOR
02:28 - 02.180 THIS PSYCHIATRIC WELFARE OF MY
02:28 - 04.570 PATIENT, ETCETERA DOES NOT
02:28 - 06.680 FOLLOW THROUGH LIBEL UNDER
02:28 - 09.290 YOUR THEORY. NO SIR BECAUSE
02:28 - 10.550 THEY ASSUME THAT PATIENT GOES
02:28 - 11.560 OUT AND SHOOTS SOMEBODY GO
02:28 - 13.120 AHEAD BECAUSE THERE WERE THERE
02:28 - 14.310 WERE 30 OF THOSE
02:28 - 14.930 AT LEAST.
02:28 - 16.940 >>IN THE 4 MONTHS OR SO LEADING
02:28 - 18.610 UP TO THAT POINT IN TIME WHEN
02:28 - 19.830 THE MEDICAL RECORDS OF JOHN
02:28 - 22.150 SHOULD REFLECT. DOCTORS DECIDED
02:28 - 24.960 HE NEEDED TO BE MOMENTARILY PCN
02:28 - 25.600 AND
02:28 - 26.870 MAYBE 3.
02:28 - 28.920 >>AND THERE, THANK YOU IN MY MY
02:28 - 32.300 QUESTION TO YOU IS HOW DO YOU
02:28 - 34.160 DRAW THE LINE BETWEEN
02:28 - 36.200 THAT SCENARIO IN THE SCENARIO
02:28 - 38.370 WITH LIABILITY. I MEAN IF I
02:28 - 39.640 LOOK AT YOUR YOUR YOUR
02:28 - 41.780 STATEMENT OF THE ISSUE. YOU
02:28 - 44.250 SAID FORTH FOR I THINK IT IS
02:28 - 46.100 DIFFERENT CRITERIA, NOT
02:28 - 47.890 SUSCEPTIBLE TO A SUPREME COURT
02:28 - 49.170 OPINION IT REALLY IS SUI
02:28 - 49.990 GENERIS SOME.
02:28 - 52.820 >>EXAMPLE YOU SET FORTH SO
02:28 - 54.670 WORDY DRAW THE LINE BETWEEN.
02:28 - 56.530 I'M SO CONCERNED FOR THE
02:28 - 58.500 PSYCHIATRIC AND I AM GOING TO
02:28 - 00.600 BE NOT THAT I'M GROSSLY LIABLE.
02:29 - 03.110 GROSSLY NEGLIGENT BUT THAT YOU
02:29 - 04.330 CAN GET A CASE WHICH ARE.
02:29 - 07.360 I CAN GET A CASE TO A JURY
02:29 - 09.660 BECAUSE THIS IS INVOLUNTARY
02:29 - 10.080 TREAT.
02:29 - 11.740 >>AND THEREFORE WITHIN THE
02:29 - 13.180 SCOPE OF THE ACT. IT'S
02:29 - 15.220 JUST REALLY IT'S SUPPOSED TO
02:29 - 17.680 SIMPLY PROHIBITED THAT POSITION
02:29 - 20.190 CANNOT GROSSLY NEGLIGENT LEE.
02:29 - 22.220 HE'LL WEAR. AND
02:29 - 23.500 INVOLUNTARY
02:29 - 25.590 EXAMINATION DECISION.
02:29 - 28.310 >>YOU HAS TO TAKE SOME STEPS
02:29 - 30.490 TOWARDS INVOLUNTARY COMMITMENT
02:29 - 32.120 NOT FOLLOW THROUGH THAT RIGHT,
02:29 - 34.150 CORRECT OKAY AND
02:29 - 36.350 I KNOW. THANK YOU THANK YOU
02:29 - 36.730 CHIEF.
02:29 - 41.270 >>THANK YOU CHIEF JUSTICE.
02:29 - 42.480 MR. HOEY ACT
02:29 - 44.060 TRYING TO.
02:29 - 46.150 >>ALL UP ON THE DRAWING THE
02:29 - 48.480 LINE PROBLEM THAT'S JUST ERROR
02:29 - 49.380 PARTICULARLY.
02:29 - 52.980 >>AND THE ISSUE AS I SEE IT IS.
02:29 - 54.830 WELL WE TO DRAW
02:29 - 57.320 THAT LINE AND WE'RE SHORT
02:29 - 59.990 ON ACTUAL LANGUAGE.
02:30 - 02.450 INVOLUNTARY TREATMENT.
02:30 - 05.430 VERY GRAY
02:30 - 08.170 STILL LIE. THE WHOLE
02:30 - 08.950 COMMONWEALTH,
02:30 - 11.740 OBVIOUSLY ARE A DECISION IS NOT
02:30 - 13.670 JUST ABOUT THIS CASE ALBEIT
02:30 - 14.920 THIS IS A VERY
02:30 - 17.070 IMPORTANT CASE. BUT OUR
02:30 - 18.110 DECISIONS
02:30 - 22.500 IMPACT THE REST ARE ON LOW HERE
02:30 - 25.600 HAVE A SITUATION WHERE. HE
02:30 - 26.750 SHOULD HAVE BEEN COMMITTED.
02:30 - 28.650 YOU SHOULD HAVE BEEN DONE TO
02:30 - 30.620 IT. THE DOCTORS
02:30 - 33.100 CRACKING ICE. BUT DID NOT
02:30 - 35.620 IMPLEMENT DID NOT LEAK ACTUALLY
02:30 - 38.640 USE LAWAN TEARY INVOLUNTARY
02:30 - 41.010 A MINUTE. SO THEY NEED AT LEAST
02:30 - 42.660 ONE DOCTOR MADE THE DECISION
02:30 - 44.990 YES HE SHOULD BE INVOLUNTARILY
02:30 - 45.500 COMMITTED.
02:30 - 47.670 >>AND THEN APPARENTLY
02:30 - 49.830 EITHER DIDN'T FOLLOW THROUGH
02:30 - 52.260 CHANGED HIS MIND AS LONG AS
02:30 - 54.290 WE'RE IN THAT GRAY AREA.
02:30 - 57.120 2 THE EXECUTION OF AN
02:30 - 59.610 INVOLUNTARY COMMITMENT. I DON'T
02:30 - 02.090 KNOW HOW WE COULD JOB DRAW THAT
02:31 - 03.930 LINE IS A STATEWIDE POLLS.
02:31 - 07.990 >>RESPECTFULLY I DON'T SEE
02:31 - 10.630 HER OUT. YOU CAN'T SAY. BUT
02:31 - 12.350 CALLING THE
02:31 - 14.380 IN WESTERNS I CAN SAY PLEASE
02:31 - 16.790 COME TO THIS PATIENT OF MINE IS
02:31 - 19.010 A MENTALLY ILL AND THE DANGER
02:31 - 21.770 TO OTHERS. THERE'S NOT THE
02:31 - 22.690 INITIATION OF HIM
02:31 - 23.490 ON IT.
02:31 - 25.080 >>DID YOU INDICATE THAT THE
02:31 - 26.980 DOCTOR LATER CHANGED HIS MIND.
02:31 - 29.710 >>I DON'T KNOW WHAT I ASKED HIM
02:31 - 31.810 DO NOT FOLLOW THROUGH. WHAT I
02:31 - 34.100 KNOW IS IN ONE JUST ONE THAT
02:31 - 35.170 FOR STARTERS.
02:31 - 38.790 >>SAID THAT HE HADN'T COMMITTED
02:31 - 40.370 ANY LEFT THE OFFICE AND SO YOU
02:31 - 41.430 CAN GET ALL.
02:31 - 43.480 >>AND ON MONDAY WAS TOLD THAT
02:31 - 44.530 WE COULDN'T DO IT BECAUSE WE
02:31 - 45.690 COULDN'T GET IN TOUCH WITH YOU
02:31 - 48.060 AND HE SAID OK, I'LL REPORT TO
02:31 - 50.470 MY SUPERIORS THEN THAT SAME
02:31 - 51.820 DOCTOR LATER SENT THE FACT.
02:31 - 54.420 THANK YOU ARE ASKED TO HAND THE
02:31 - 54.760 FACTS
02:31 - 57.320 AND IMPORTANT AND THEY REFUSE
02:31 - 58.560 SO YOU KNOW DOWN TO WESTERN
02:31 - 01.090 SECOND SIGN. WE DIDN'T. AND THE
02:32 - 01.740 3RD ONE.
02:32 - 05.650 HE SAID I NEED TO BE A MINUTE.
02:32 - 07.950 THEY SAID WILL COME OUT TO YOU
02:32 - 09.640 BUT WE'RE RUNNING LATE. HE SAID
02:32 - 11.460 DON'T WORRY, I'LL GO TOMORROW.
02:32 - 13.840 I DON'T KNOW HOW THOSE 3
02:32 - 15.620 ACTIONS ARE NOT THE INITIATION
02:32 - 18.070 OF AN INVOLUNTARY EXAMINATION
02:32 - 18.520 CROSSED.
02:32 - 21.880 THAT'S THE USER CAN GET IT.
02:32 - 24.770 >>THIS IS DONE HERE.
02:32 - 27.500 >>I WOULD YOU COUNSEL ON
02:32 - 29.230 IF I'M UNDERSTANDING YOUR
02:32 - 31.850 POSITION ONCE A POSSESSION UP
02:32 - 34.750 TO WE ACTUALLY TREATING I THIS
02:32 - 35.980 PARTICULAR PATIENT
02:32 - 39.020 WINDS ACCUSATION. A STATE FAIR
02:32 - 39.740 HE DID
02:32 - 42.220 THIS ASIAN. YEAH, THE PATIENT
02:32 - 44.410 NEEDS TO BE INVOLUNTARY
02:32 - 46.480 LEAVE COMMITTEE THAT TRIGGERS A
02:32 - 48.180 COVER AGE AND MENTAL HEALTH
02:32 - 49.200 PROCEDURES ACT.
02:32 - 52.860 >>I WOULD SAY THAT'S A LITTLE
02:32 - 54.700 BROADER THAN 100 PEOPLE,
02:32 - 56.250 I'M ASKING FOR ONE SAYS
02:32 - 57.780 POSITION MAKES THAT DECISION
02:32 - 59.500 KNOCKS ON.
02:33 - 02.870 WRESTLING NEGLIGENTLY FAILED
02:33 - 05.240 TO EXECUTE THAT'S A POINT WHERE
02:33 - 08.340 LIABILITY ATTACKS. THANK YOU.
02:33 - 10.530 YES AND OUR DAY.
02:33 - 15.850 CAN YOU REALLY JUST THE START.
02:33 - 18.810 >>AND CAN YOU HEAR ME
02:33 - 21.640 >>I SEE THIS
02:33 - 23.990 CASE SOMEWHERE GOING OUTSIDE OF
02:33 - 26.570 THE NATIONAL INDEED THIS COURT
02:33 - 28.400 DECISION THE DRUG DRUG
02:33 - 30.320 TREATMENT IS THAT'S NOT WANT
02:33 - 31.500 THEIR DAY MAKE THE HOW.
02:33 - 34.430 AND IN ALLEN AND HIS COURT
02:33 - 35.900 FOUND THAT COINCIDENTAL
02:33 - 37.030 TREATMENTS DO.
02:33 - 40.850 HERE WE HAVE AN INDIVIDUAL WITH
02:33 - 43.330 A PURELY MENTAL. ALL RIGHT TELL
02:33 - 43.690 MISS.
02:33 - 46.390 SEEKING TREATMENT FOR MENTAL
02:33 - 47.770 ILLNESS. AND
02:33 - 50.430 ULTIMATELY THAT WAS THE WRONG.
02:33 - 51.500 I'M SORRY BASES.
02:33 - 53.440 THE DOCTORS DON'T ARE THE
02:33 - 54.660 MEDICAL STAFF DON'T FOLLOW
02:33 - 56.120 THROUGH WITH THE INVOLUNTARY.
02:33 - 58.900 WHAT DID PIERS YOU'RE ASKING US
02:33 - 00.110 TO CORRECT ME IF I'M WRONG AS
02:34 - 02.130 YOU'RE ASKING US TO FIND THAT
02:34 - 04.970 MEDICAL STAFF FALL OUTSIDE THE
02:34 - 07.410 PROTECTION OF THE ACT BECAUSE
02:34 - 08.510 OF THE PATIENTS.
02:34 - 14.780 LACK OF PARTICIPATION OR LET'S
02:34 - 16.660 SAY BEING JUST NONCOMPLIANT IS
02:34 - 17.420 THAT WE'RE ASKING.
02:34 - 20.910 NO SIR. AND
02:34 - 23.670 IN FACT SHE WASN'T SEEKING
02:34 - 25.170 MENTAL HEALTH, GREAT
02:34 - 27.360 SHE DID JACE MENTAL ILLNESS
02:34 - 28.820 PREVENTED FROM FROM BELIEVING
02:34 - 29.490 THAT HE HAD.
02:34 - 30.780 >>EVEN THOUGH YOU DIDN'T COME
02:34 - 32.340 HERE AND BUY EXPENSIVE
02:34 - 33.860 COMMITMENTS. PREVIOUS.
02:34 - 36.230 JUST DO NOT BELIEVE IT WAS
02:34 - 37.860 SUGGESTED TO HIM OVER 30 TIMES
02:34 - 39.380 THE LOAN GUARANTEE. THE
02:34 - 40.800 TREATMENT HE NEEDED YOU READY
02:34 - 43.300 FOR THIS AND ANY INVOLUNTARY
02:34 - 44.840 COMMITMENT CASE THAT'S ALWAYS
02:34 - 45.230 GOING TO BE
02:34 - 47.250 THE SITUATION. WHAT HAPPENED
02:34 - 49.830 HERE UNLIKE IN STUDYING CASE
02:34 - 53.100 IS THAT THE DOCTORS DECIDED
02:34 - 54.790 THAT AND THEN GROSSLY NEGLIGENT
02:34 - 56.010 LEAVE BILL THAT ACTUALLY YOU.
02:34 - 56.440 >>THE
02:34 - 00.110 INVOLUNTARY EXAM. DRESS DEAN IN
02:35 - 03.240 ONE OTHER RESPECT. WHAT ARE YOU
02:35 - 04.670 WRITING FOR THE COURT STATED
02:35 - 05.590 WAS THAT WE HAVE TO
02:35 - 07.870 LOOK AT ASKING PRICE AND
02:35 - 10.130 MATERIAL ACTS AND OMISSIONS OF
02:35 - 12.210 THE PARTIES MUST BE APPLIED THE
02:35 - 14.020 PLAIN LANGUAGE OF THE IMAGE VIA
02:35 - 15.160 WELL MOST OF THE
02:35 - 17.300 ACTS PURPOSES RESOLVE THE
02:35 - 19.260 SECTION 1, 1, 4, UP BILLY
02:35 - 22.010 ISSUE. COLE SEELY AND IT'S BE A
02:35 - 23.270 AS OUTLINED IN SECTION ONE
02:35 - 25.750 '02. IT'S BEEN A INVOLUNTARY
02:35 - 27.220 TREATMENT AVAILABLE WHERE THE
02:35 - 28.770 NEED IS GREAT. AND
02:35 - 30.300 IT'S ABSENCE COULD RESULT IN
02:35 - 32.340 SERIOUS HARM. THE MENTALLY ILL
02:35 - 34.330 PERSON OR OTHERS. AND THAT'S
02:35 - 35.800 EXACTLY WHAT HAPPENED HERE.
02:35 - 37.530 MRS LIGHTS OFF FOR HER.
02:35 - 40.800 GUNSHOT WOUNDS BECAUSE THESE
02:35 - 43.300 DOCTORS THAN NOT ESSENTIALLY
02:35 - 45.170 THE POLICY OF THE IMAGE VIA
02:35 - 48.320 AND BY I HAVE NOT BEEN ABLE TO
02:35 - 49.870 GROSSLY NEGLIGENT LATE
02:35 - 52.030 EXECUTING THEIR DECISION BUT HE
02:35 - 53.880 REQUIRED INVOLUNTARY TREE.
02:35 - 55.920 >>THANK YOU MISTER ROMNEY ACT.
02:35 - 59.480 >>THANK YOU MISTER CHAIR JUST
02:36 - 00.920 YOUR COUNTY.
02:36 - 03.570 MAY IT PLEASE THE COURT JOHN
02:36 - 04.320 CONTI FOR
02:36 - 06.450 THE DEFENDANTS. THIS APPEAL
02:36 - 08.320 PRESENTS AN ISSUE OF THE NORMA
02:36 - 09.820 SUPPORTERS TO THE MEDICAL
02:36 - 11.750 COMMUNITY AND TO SOCIETY AS A
02:36 - 13.810 WHOLE THE ISSUE IS UNDER
02:36 - 15.670 WHAT CIRCUMSTANCES CAN A
02:36 - 17.610 PHYSICIAN BE HELD LIABLE TO 3RD
02:36 - 19.500 PARTIES FOR A CRIMINAL ACT OF
02:36 - 20.790 VIOLENCE BY PATIENTS.
02:36 - 23.720 SCIENTISTS ARE ADVOCATING FOR
02:36 - 25.390 AN ASTONISHING EXPANSION OF
02:36 - 27.590 CURRENT LAW AS THEY SEE A WHOLE
02:36 - 29.470 FAMILY PRACTICE PHYSICIAN
02:36 - 31.110 LIABLE FOR A MASS SHOOTING.
02:36 - 33.420 REALLY BY MAKING AN ALLEGATION
02:36 - 35.180 RELATING TO THE PHYSICIANS
02:36 - 37.570 POPULOUS THAT HE DECIDED TO
02:36 - 39.750 COMMIT THE PATIENT. THERE
02:36 - 41.800 EXISTS. NO. A LOT OF DUTY TO
02:36 - 43.790 COMMIT AND THEREFORE CLINTON
02:36 - 45.220 STAFFER TO CREDIT SHAPE.
02:36 - 47.360 JUDY ON AN ALLEGED STATE OF
02:36 - 49.780 MIND IS FRANKLY AN ABSURD EVEN
02:36 - 51.580 DANGEROUS PROPOSITION AND
02:36 - 51.860 SHOULD
02:36 - 54.210 BE REJECTED. AS THIS COURT HAS
02:36 - 55.930 INTO MEDIA IN THIS QUESTIONING
02:36 - 58.170 AND IN MANY CASES THERE NEEDS
02:36 - 01.120 TO BE A BRIGHT LINE DEMARCATION
02:37 - 03.400 WHEN THE PROCESS
02:37 - 05.530 OR INVOLUNTARY COMMITMENT.
02:37 - 07.840 THE GAINS AND THAT IS SO
02:37 - 09.730 BECAUSE THE PROCEDURE INVOLVES
02:37 - 12.350 A PROFOUND DEPRIVATION. ALL
02:37 - 13.930 INDIVIDUALS, LIBERTY.
02:37 - 16.400 AND THAT IT DOES PROVIDE FOR
02:37 - 19.170 THOSE PRECISE SACKING CLEAR AND
02:37 - 20.290 UNAMBIGUOUS.
02:37 - 23.900 THE STEPS. THE STATUTE PROVIDES
02:37 - 26.600 THAT THERE MUST BE WRITING IN
02:37 - 28.840 THE FORM OF A CERTIFICATION
02:37 - 31.190 AN APPLICATION OR A
02:37 - 34.270 WAR BEFORE OR ACCOMPANYING THE
02:37 - 37.450 EXAMINATION OF A PERSON FOR
02:37 - 40.010 INVOLUNTARY COMMITMENT. LOOK AT
02:37 - 41.260 HER PHONE WAS
02:37 - 43.480 APRIL WORK AS THE PLAINTIFF
02:37 - 45.290 ALLEGES RATHER AS THE
02:37 - 47.110 FOUNDATION OF THE PATIENTS,
02:37 - 49.080 CONSTITUTIONAL RIGHT TO DUE
02:37 - 51.440 PROCESS IN THE FACE OF THE
02:37 - 53.970 GOVERNMENT'S IT TO FORCIBLY
02:37 - 56.640 CONFINED YOU. PLACES
02:37 - 58.910 IN THERE. THEIR PROPOSED
02:37 - 00.290 QUESTION FOR THIS COURT'S
02:38 - 02.420 REVIEW MENTIONS THAT HE WILL
02:38 - 04.300 THAT HE'S KOREA HAS THERE.
02:38 - 06.980 LEAD. PRECEDENT
02:38 - 10.150 IN WHO ARE YET IS NOT REMOTELY
02:38 - 12.260 ANALOGOUS TO THE INSTANT CASE
02:38 - 14.400 WHO ARE YOU IN FALL THE
02:38 - 16.430 AFFIRMATIVE DISCHARGE. WELL THE
02:38 - 17.880 PATIENT WHO HAD BEEN
02:38 - 19.710 ADJUDICATED A CLEAR AND PRESENT
02:38 - 22.230 DANGER WHO WAS INVOLUNTARILY
02:38 - 23.980 COMMITTED AND WHO WAS UNDER THE
02:38 - 25.230 CARE MENTAL HEALTH
02:38 - 27.200 PRACTITIONERS IN A LOCKED
02:38 - 28.660 PSYCHIATRIC UNIT IN
02:38 - 31.110 A FACILITY OVER WHICH THEY HAD
02:38 - 32.520 COMPLETE CONTROL OF HIM.
02:38 - 34.560 UNDER THOSE CIRCUMSTANCES.
02:38 - 36.240 THERE IS NO ANALOGY TO THE
02:38 - 38.320 DROP. AND FINALLY
02:38 - 41.440 AND WHEN IT'S JUST THE RIGHT TO
02:38 - 44.210 COURT TOO. I UNDERSTAND THAT WE
02:38 - 45.100 ARE PASSIONATE ABOUT THE
02:38 - 46.570 COURT'S DEMONSTRATION AND
02:38 - 48.450 OTHER OPINIONS. ALL THE
02:38 - 50.210 CHALLENGES FACED BY MENTAL
02:38 - 52.150 HEALTH PRACTITIONERS, INCLUDING
02:38 - 53.960 THE SOQ IT'S LYLAN SAYS
02:38 - 56.010 IMPOSSIBLE TO PREDICT THIS
02:38 - 57.360 COURT'S APPROACH HAS BEEN
02:38 - 59.670 CAUTIOUS AND INCREMENTAL S FOR
02:38 - 00.830 EXAMPLE IN AMBER.
02:39 - 02.450 AND WITH THIS IN MIND I
02:39 - 03.650 RESPECTFULLY URGE THAT
02:39 - 05.640 SUPPORTED EXERCISE RESTRAINT
02:39 - 07.540 AND CONSIDER THE PROFOUND AND
02:39 - 09.430 SERIOUS NEW CAUSING SUCH
02:39 - 10.240 EXPANSIVE
02:39 - 12.660 3RD PARTY LIABILITY AND MEDICAL
02:39 - 14.340 PROFESSIONALS FOR THE CRIMINAL
02:39 - 16.100 ACTS OF OTHERS. THANK YOU.
02:39 - 19.820 >>THANK YOU MISTER JUST THIS
02:39 - 20.200 WORK.
02:39 - 22.860 >>SUIT JUST THIS GOING ON IN
02:39 - 24.600 MISTER CARTY GOOD AFTERNOON.
02:39 - 27.250 OPENING COMMON LAW TERRACE OFF
02:39 - 30.550 TYPE SCENARIOS TO SIGN FOCUSING
02:39 - 31.800 ON THE MHP A HERE.
02:39 - 36.070 >>IS THERE ANYONE. POSITION OR
02:39 - 36.730 OTHERWISE.
02:39 - 39.460 THAT YOU BELIEVE WOULD HAVE
02:39 - 41.120 BEEN AFFIRMATIVE OBLIGATION
02:39 - 41.540 UNDER
02:39 - 44.930 ANY SCENARIO TO SEEK OUT AN
02:39 - 46.730 INVOLUNTARY EXAMINATION UNDER
02:39 - 47.520 THE M E 3.
02:39 - 53.810 >>NEWS
02:39 - 56.540 6 THE NOTION OF CREATING A.
02:39 - 59.210 THE 2 COUNTRIES. AND
02:39 - 00.330 FOR ALL
02:40 - 04.080 COULD THESE. THERE IS NO SET IN
02:40 - 07.540 BECAUSE THERE ANY SAID TO BE IT
02:40 - 09.810 WOULD OPEN BUT TO LOCK IT
02:40 - 11.790 WILL BE THAT INDIVIDUAL.
02:40 - 15.490 I DON'T LIKE THE LIBBY.
02:40 - 19.060 IF I DID A SHOW.
02:40 - 21.840 >>AND IN JUST A BRIEF FOLLOW-UP
02:40 - 24.900 SIR ON IS IT YOUR POSITION ON
02:40 - 25.910 THERE COULD NEVER BE A
02:40 - 28.980 CIRCUMSTANCE. UNDER WHICH A
02:40 - 31.270 DECISION NOT TO SEEK.
02:40 - 33.530 IN TALKING ONLY UNDER AN 8
02:40 - 33.780 PERIOD
02:40 - 35.890 MONITOR CONNELL OR THERE'S
02:40 - 37.710 NEVER SCENARIO UNDER WHICH A
02:40 - 40.270 DECISION NOT TO SEEK
02:40 - 43.790 INVOLUNTARY EXAM, ALL OR 8.
02:40 - 46.850 HOW BUNGLED
02:40 - 50.570 ATTEMPTS I COULD EVER ALLOW FOR
02:40 - 52.530 LIABILITY UNDER THE ACT.
02:40 - 55.240 >>IF I DID IT FOR QUICK
02:40 - 56.890 QUESTION CORRECTLY, AND WHEN
02:40 - 58.990 THE ANSWER AND IF YOU DON'T
02:40 - 59.900 COME IN LAST
02:41 - 02.390 THAT SET ACTUALLY IS A
02:41 - 03.840 MULTI-STEP PROCESS.
02:41 - 08.440 IT YET BUT HE ALREADY WAS HOT.
02:41 - 10.700 GREAT. FOR ME.
02:41 - 14.390 AND MAYBE GO FOR IT.
02:41 - 18.010 IS NOT GRANTED. IT COULD BE
02:41 - 20.530 A GOOD. IT GROSSLY NEGLIGENT.
02:41 - 23.010 THAT MAY BE AT THE BASH.
02:41 - 23.990 THERE ARE MORE.
02:41 - 28.290 UNDER THE ACT THAT'S
02:41 - 32.470 IF NOT EXECUTED PROPERLY PUT
02:41 - 34.500 IN IRAQ. BUT THOSE STEPS.
02:41 - 37.980 OR TRIGGER ON WHAT
02:41 - 39.580 POLL WORKERS. THE GUN.
02:41 - 43.910 AND JUST AS MY NAME.
02:41 - 47.010 >>GOOD AFTERNOON.
02:41 - 48.050 AFTERNOON.
02:41 - 52.040 >>I JUST HAVE A LITTLE AND AND
02:41 - 53.260 UNDERSTANDING YOUR POSITION
02:41 - 56.570 THAT THE. YEAH CASE HAS NO
02:41 - 57.600 BEARING HERE.
02:41 - 59.450 MY UNDERSTANDING OF THAT CASE
02:41 - 02.090 WAS THAT THE PATIENT HAD BEEN
02:42 - 03.650 INVOLUNTARILY COMMITTED.
02:42 - 05.450 THE DECISION WAS MADE TO
02:42 - 07.940 DISCHARGE HIM OUT IN 2 A
02:42 - 09.340 VOLUNTARY TREATMENT.
02:42 - 14.600 SUCH SCENARIO WHEN IN WHICH WE
02:42 - 17.420 DID ACT OF VIOLENCE ON
02:42 - 20.190 3RD PARTY. SO.
02:42 - 22.680 TO MY YOU WORKING
02:42 - 24.820 STANDS FOR THE PROPOSITION THAT
02:42 - 27.100 THE DISCHARGE. TREATMENT FOR
02:42 - 28.800 THE DISCHARGE OF A PATIENT
02:42 - 31.240 FALLS AND THE ACT. SO IF YOU
02:42 - 32.560 FLIP IT ON THE OTHER END.
02:42 - 33.980 WHY DOESN'T THE ADMISSION
02:42 - 36.880 PROCESS. THE 2 POINTS,
02:42 - 37.880 YOUR HONOR FIRST
02:42 - 38.320 OF ALL.
02:42 - 40.700 >>IT WAS NOT THE QUOTE DECISION
02:42 - 42.330 TO DISCHARGE THEIR CREATIVE
02:42 - 44.240 EXPOSURE TO LIABILITY IT WAS
02:42 - 46.600 THE DISCHARGING THE PATIENT AND
02:42 - 47.690 BY THAT I MEAN
02:42 - 50.420 DECISION AS YOU MIGHT BE USING
02:42 - 51.620 IT REFLECTS A STATE OF
02:42 - 54.210 US HAD THERE BEEN A
02:42 - 55.650 HYPOTHETICAL DECISION TO
02:42 - 57.320 DISCHARGE WITHOUT THE ACTIVE
02:42 - 58.940 THIS CHARGING. THERE'S A
02:42 - 01.360 BECAUSE THERE WAS NOT THAT THEY
02:43 - 03.510 ARE THAT'S THIS PERSON FRENCH A
02:43 - 05.520 POINT. THE SEC. AND THIS GOES
02:43 - 07.350 BACK TO THIS COURT'S ANALYSIS
02:43 - 09.090 OF THE 2 YES, HI CHRIS,
02:43 - 11.390 AS ARTICULATED AND IN THE
02:43 - 13.490 NUMBER DECISION. THE NOTION OF
02:43 - 15.360 CONTROL HAS GREAT BARRY
02:43 - 17.550 ON THE EXPANSIVE MISSISSIPPI TO
02:43 - 19.080 BE THE COURT APPLIES TO MENTAL
02:43 - 20.260 HEALTH PROFESSIONALS AND
02:43 - 21.430 CERTAINLY HERE TO SAM LEE
02:43 - 23.940 PRACTITIONERS. US IN KOREA.
02:43 - 26.250 THE PATIENT. YET HAVING BEEN
02:43 - 28.210 ADJUDICATED CLEAR AND PRESENT
02:43 - 29.430 DANGER IN A LOCKED
02:43 - 31.180 PSYCHIATRIC UNIT UNDER THE
02:43 - 32.620 COMPLETE CONTROL OF MENTAL
02:43 - 34.860 HEALTH PROFESSIONALS IS LATE
02:43 - 35.040 AND
02:43 - 37.830 A DIFFERENT WHEN A THIS SITE
02:43 - 39.650 FROM ITALY AND THEN THEY HAVE
02:43 - 41.630 TO DISCHARGE HIM FROM A
02:43 - 43.960 FAMILY PRACTITIONER, WELL AS A
02:43 - 45.420 LOWER COURT SAID DURING
02:43 - 47.850 CONSIDERATION, GIVING THOUGHT
02:43 - 50.890 TO ADMISSION THE 2 COMMITMENTS.
02:43 - 54.020 THE 2 ARE NIGHT AND DAY
02:43 - 55.270 DIFFERENCE FOR THOSE FOR THOSE
02:43 - 55.750 REASONS.
02:43 - 59.390 >>IS THE ADMISSION PROCESS FOR
02:43 - 01.220 INVOLUNTARY INPATIENT
02:44 - 02.740 TREATMENT. PART OF THE
02:44 - 04.130 INVOLUNTARY TREATMENT.
02:44 - 09.830 >>THE ADMISSION PROCESS FOR
02:44 - 11.810 INVOLUNTARY TREATMENT I THINK
02:44 - 12.680 THAT I'M NOT QUITE
02:44 - 13.980 UNDERSTANDING THAT CONCEPT
02:44 - 16.630 BECAUSE INVOLUNTARY COMMITMENT.
02:44 - 18.770 REQUIRES
02:44 - 21.080 THIS EMERGENCY
02:44 - 23.160 PSYCHIATRIC EXAMINATION.
02:44 - 26.240 YEAH PROOF FACILITY WHICH MUST
02:44 - 26.740 BE HEARD.
02:44 - 29.570 DOCUMENTATION SUPPORTING ITS
02:44 - 32.270 NECESSITY. THOSE ARE ARE CLAD
02:44 - 35.290 LATELINE REQUIREMENTS. SO IF
02:44 - 37.660 THEY'RE NOT. PRESIDENT AGAIN
02:44 - 39.760 THESE ARE CONSTITUTIONAL DUE
02:44 - 42.860 PROCESS PROTECTIONS IS THERE TO
02:44 - 45.170 PROTECT THE PATIENT. IF THEY
02:44 - 47.110 ARE NOT. PRESIDENT.
02:44 - 49.750 THEY PROCEDURE HAS NOT
02:44 - 53.170 BEGUN UNDER. UNDER THE STATUTE.
02:44 - 57.410 ALL RIGHT,
02:44 - 59.620 THANK YOU. AND HE REGRETS THIS
02:44 - 00.030 ERROR.
02:45 - 03.200 I
02:45 - 05.280 WANT TO CONTINUE ON THE SAME
02:45 - 06.740 LINE IS JUST AS MONDAY AS THEY
02:45 - 07.670 HAD THE SAME THOUGHT.
02:45 - 10.060 >>IF I UNDERSTAND MISTER HOMEY
02:45 - 10.780 ITS ARGUMENT
02:45 - 13.600 CORRECTLY, HE LOOKS AT ONE O 3
02:45 - 16.330 WHICH IS THE ACT ESTABLISHES 0
02:45 - 18.640 DOT. PROCEDURES FOR ALL
02:45 - 19.900 INVOLUNTARY TREATMENT.
02:45 - 23.120 >>AND HE SAYS THE INITIATION OF
02:45 - 25.130 THE PROCEDURE, THE TELEPHONE
02:45 - 26.110 THEY'RE REQUESTING THAT THE
02:45 - 28.770 DOCUMENTS THE FACTS. THE CALLED
02:45 - 30.940 A RESULT INITIATION OF THE
02:45 - 33.400 INVOLUNTARY PROCEDURE AND PUTS
02:45 - 34.750 THIS CASE AND IN THE SCOPE OF
02:45 - 36.040 THE ACT. I THINK THAT'S WHAT
02:45 - 37.390 JUSTICE MONDAY'S ASKING YOU.
02:45 - 40.490 AND TELL US AGAIN WHY THAT'S
02:45 - 42.140 WRONG. IT'S
02:45 - 44.690 WRONG BECAUSE IT OPENS THE
02:45 - 45.520 DOOR TO.
02:45 - 49.000 >>THE UNFATHOMABLE AND BEAUTY
02:45 - 51.410 AND CONFUSION ABOUT WHEN
02:45 - 53.310 THE PROCESS FOR INVOLUNTARY
02:45 - 55.300 COMMITMENT BEGINS. IT WERE THE
02:45 - 56.770 COURT TO ACCEPT THAT
02:45 - 58.950 PROPOSITION ITS DECISION IN HIS
02:45 - 00.240 OFFICE A PEDIATRICIAN.
02:46 - 03.220 A FAMILY PRACTICE DOCTOR WOULD
02:46 - 04.760 KNOW THAT I'M MERELY
02:46 - 05.700 DISCUSSING.
02:46 - 09.860 >>THAT COMMITMENT HE OR ASKING
02:46 - 12.240 FOR A SLICE OR 2 WEEKS AND DUE
02:46 - 13.540 DILIGENCE WOULDN'T BE
02:46 - 17.070 TRIGGERING. EARLY ON HIS PART.
02:46 - 19.530 PHYSICIANS AND PATIENTS
02:46 - 21.540 ARE TITLE. ENTITLE TO CLEAR
02:46 - 24.490 GUIDANCE AND RESPECTFULLY
02:46 - 27.660 THOSE. THOSE TYPES OF.
02:46 - 29.280 AND THAT'S.
02:46 - 33.030 SIMPLY DO NOT ALLOW FOR THE
02:46 - 36.110 WORKS. 2. ARTICULATE
02:46 - 38.460 ANY RIGHT LINE,
02:46 - 40.940 ONE PRINCIPLE THAT WOULD
02:46 - 42.940 SUFFICE TO PROVIDE
02:46 - 44.780 MENTAL HEALTH PRACTITIONERS
02:46 - 46.760 GUIDANCE THEY NEED THE MISTER
02:46 - 48.390 COFFEE LET ME BECAUSE MY TIME
02:46 - 49.800 IS SHORT AGAIN I UNDERSTAND
02:46 - 50.570 YOU'RE IN CANCER.
02:46 - 52.710 >>YEAH, AND AND FRANKLY I I
02:46 - 54.570 CONCURRED THAT YOUR CLIENTS
02:46 - 56.780 HAVE A TERRIBLY DIFFICULT JOB
02:46 - 59.500 HERE. BUT YOU TELL ME WHERE DO
02:46 - 01.140 YOU DRAW THAT RIDE.
02:47 - 05.170 WHEN
02:47 - 07.750 CROSS PROVIDES THAT YOU'RE
02:47 - 10.130 WITHIN THE SCOPE. THE MENTAL
02:47 - 11.090 HEALTH PROCEDURES ACT.
02:47 - 13.930 IS IT IS IT IS THAT WHEN YOU
02:47 - 15.450 SIGN AN APPLICATION IT'S WHEN
02:47 - 17.290 YOU GO TO TESTIFY WHEN WHEN IS
02:47 - 18.930 YOU WANTED THEM.
02:47 - 20.570 >>HAS NEVER BEEN DECIDED TO
02:47 - 21.930 WORSE. MY.
02:47 - 25.190 >>I WOULD PREFER TO THE COURT
02:47 - 27.870 THAT THE APPROPRIATE WAY TO
02:47 - 30.360 DETERMINE WHEN A VOLUNTARY
02:47 - 32.920 OUTPATIENT CARE TRANSFORMS INTO
02:47 - 34.730 INVOLUNTARY CHAIR WOULD
02:47 - 37.470 BE WHEN THE INDIVIDUALS
02:47 - 38.900 LIBERTY HAS
02:47 - 42.240 IN FRIENDSHIP ON AS FOR EXAMPLE
02:47 - 43.760 WHEN THE INDIVIDUAL WOULD BE
02:47 - 46.180 TAKEN BY POLICE OR OTHERS
02:47 - 48.800 IN VOLUNTARILY FOR THE MENTAL
02:47 - 50.200 HEALTH EXAMINATION AND
02:47 - 51.710 CERTAINLY THEREAFTER, BUT HE
02:47 - 54.540 WAS EVERY DAY. LIBERTY WHICH TO
02:47 - 56.190 MY MIND WOULD REPRESENT
02:47 - 58.310 THE TRIGGER OR THE APPLICATION
02:47 - 59.490 OF THE.
02:48 - 03.450 INVOLUNTARY A COMMITMENT FOR
02:48 - 05.530 INVOLUNTARY CHAIR ASPECT.
02:48 - 06.880 YES.
02:48 - 11.450 >>JUST THANK YOU JUSTICE TIME.
02:48 - 12.980 THANK YOU
02:48 - 14.680 CHIEF JUSTICE. MR.
02:48 - 17.650 MONTI IT SEEMS TO ME THE BEST
02:48 - 19.290 AND CLEAREST ARGUMENT
02:48 - 21.270 REGARDLESS OF POLICY
02:48 - 23.590 CONSIDERATIONS, DIFFICULT JOB.
02:48 - 26.470 DECISIONS OBVIOUSLY NOW IS
02:48 - 28.130 SIMPLY THAT I'M READING.
02:48 - 30.790 AND THAT'S WHAT THE CROWN COURT
02:48 - 32.550 SAID IN THAT YOUR
02:48 - 35.070 ORDER HARMED. IT SEEMS TO ME
02:48 - 38.310 THAT IT'S A SIMPLE QUESTION ALL
02:48 - 40.720 IS THIS COWARD 100 PLAY MEETING
02:48 - 43.290 YES, AND I UNDERSTAND YOU KNOW.
02:48 - 47.510 >>I'M SORRY IT IS COVERED BUT
02:48 - 49.020 PLAY ME. YEAH.
02:48 - 52.410 THE SUPERIOR COURT AGAIN.
02:48 - 55.140 DEALT WITH THE ISSUE IN.
02:48 - 58.500 TO THE SENTENCES SAYING THAT
02:48 - 01.430 MERELY THINKING ABOUT THE AND
02:49 - 03.870 THAT MEANT AS IT WERE ENTERING
02:49 - 06.880 IT DOESN'T CONSTITUTE ACTION
02:49 - 07.590 UNDER THE ACT.
02:49 - 09.500 >>I THINK SOME PEOPLE IT'S BEEN
02:49 - 10.940 STIRRED MY QUESTION, I'M SORRY
02:49 - 12.740 IN LOOKING AT THE PLAIN
02:49 - 13.350 LANGUAGE OF
02:49 - 15.900 THE ACT. THE PLAINTIFFS YOU'RE
02:49 - 16.870 SAYING THE PLAINTIFFS
02:49 - 19.590 ALLEGATIONS NOT ALL BEEN PLAIN
02:49 - 19.930 ME.
02:49 - 22.780 >>ABSOLUTELY THERE'S NO
02:49 - 24.960 QUESTION THAT HE WAS AT ALL
02:49 - 26.810 TIMES A VOLUNTARY OUR NATION
02:49 - 28.440 AND I DON'T THINK THERE'S ANY
02:49 - 29.920 QUESTION THAT THE THE
02:49 - 31.490 FORMALITIES OF STRICT
02:49 - 32.190 REQUIREMENTS OF
02:49 - 34.660 THE ACT. WE'RE NOT COMPLY WITH
02:49 - 36.240 THEIR INITIATION. WHAT I WANTED
02:49 - 38.530 TO POINT OUT WAS. IT IT'S VERY
02:49 - 39.690 INTERESTING THAT WHEN THEY WENT
02:49 - 41.040 IN COURT THE PLANE IS
02:49 - 42.090 COMPLETELY CHANGE
02:49 - 43.850 THEIR ARGUMENT. IF YOU LOOK AT
02:49 - 45.380 THE SUPERIOR COURT OPINION IT
02:49 - 49.750 PAY 17. THE SITE THE THERE'S
02:49 - 51.860 THAT PLAINTIFFS CLAIMS TO THE
02:49 - 53.510 SUPERIOR COURT AND
02:49 - 55.850 THIS IS ON PAGE 17 TO CLEAN HIS
02:49 - 57.700 CLAIM WAS THAT
02:49 - 00.370 THE DESCENDANTS NEVER INITIATE
02:50 - 02.810 IT. THE COMMITMENT PROCESS WHEN
02:50 - 04.090 THEY GOT TO THE SUPREME COURT.
02:50 - 06.760 AND THEY CLAIM BEGAN. BECAME A
02:50 - 08.290 LITTLE FUZZY BECAME
02:50 - 10.370 THEY INITIATED IT OR DECIDED TO
02:50 - 11.740 DO WITH THE BABY AND COMPLETED
02:50 - 13.110 AND IT YOU KNOW GETTING A
02:50 - 15.640 CLINCH TOO. WHAT I SUGGEST IS
02:50 - 18.650 AS A WAY OF TRYING TO
02:50 - 20.890 CONJURE A COMMON LAW CLAIMS OF
02:50 - 21.880 A WAS AT.
02:50 - 24.780 >>AND YOUR ANSWER SIMPLY IS
02:50 - 26.940 THE LINE SHOULD BE DRAWN WITH
02:50 - 28.320 THE PROBATION.
02:50 - 30.970 >>THAT WOULD BE THE THE THE
02:50 - 33.160 MOST I THINK LOGICAL AND
02:50 - 33.940 COMPELLING.
02:50 - 38.010 >>PLACED TO THE MORE KATE.
02:50 - 38.970 >>WHERE.
02:50 - 41.450 >>VOLUNTARY AND INVOLUNTARY
02:50 - 42.450 CARE TRANSITION.
02:50 - 44.650 >>OKAY, I HAVE ONE FINAL
02:50 - 47.120 QUESTION. THIS MAY SOUND LIKE
02:50 - 48.470 THESE MAY SOUND LIKE FIGHTING
02:50 - 49.380 WORDS TO YOU
02:50 - 52.560 SURE I JUST WANT YOU TO TELL ME
02:50 - 56.090 IS THIS PROVISION. I
02:50 - 58.740 MEAN SANTA OUR PHYSICIANS.
02:50 - 00.620 NOT IN VOLUNTARILY.
02:51 - 04.320 >>AND I THINK THAT
02:51 - 07.060 PHYSICIANS I UNDERSTAND
02:51 - 09.510 THE FIRST OF ALL THE ENORMOUS
02:51 - 12.490 BURDEN. THAT'S INVOLVED IN.
02:51 - 14.860 BRINGING ABOUT COMMITMENT.
02:51 - 18.410 THEY STAND THE THE GOAL WITH
02:51 - 20.040 THE APP AND WHICH HAS BEEN THE
02:51 - 20.340 GOAL
02:51 - 23.390 SOCIETY FOR HALF A CENTURY JUST
02:51 - 25.160 TREAT AND LEO PATIENTS IN THE
02:51 - 27.890 COMMUNITY. AND IF THAT.
02:51 - 30.090 WITH THE LEAST RESTRICTIVE
02:51 - 31.800 ALTERNATIVE. SO I THINK.
02:51 - 33.980 THE SIGNEES.
02:51 - 36.990 IT STRUCK THAT HAS BEEN IMPOSED
02:51 - 40.000 ON PHYSICIANS AND WHICH LIMITS
02:51 - 41.790 WHAT YOU CAN DO AND CAN'T DO
02:51 - 44.310 THAT REALLY FORMS THERE THEIR
02:51 - 46.750 VIEW ABOUT COMMITMENTS. AND I
02:51 - 48.570 DON'T THINK IT ALL THERE'S A
02:51 - 51.140 SENSE OF OR RELUCTANCE TO
02:51 - 53.430 COMMIT IF THEY FELT IF THEY
02:51 - 55.570 FEEL IT WOULD BE HELPFUL
02:51 - 57.010 IF THEY FELT IT WOULD BE
02:51 - 59.110 NECESSARY IF THEY SO WOULD BE
02:51 - 01.660 GRANTED. BUT AGAIN IT'S IT'S
02:52 - 02.850 PEN TEAM.
02:52 - 04.850 I THE LEGISLATURE AND THE
02:52 - 07.020 COURTS TO BE ESSENTIALLY A TYPE
02:52 - 09.000 OF LIMITED TEMPORARY LAST
02:52 - 11.390 RESORT. THANK YOU MISTER ON.
02:52 - 13.720 THANK YOU YOUR HONOR. THIS IS
02:52 - 15.640 DONE HERE. I THINK
02:52 - 16.150 THE CHEAP.
02:52 - 18.940 >>I MISTER KLEIN D I'M AND I'M
02:52 - 21.180 HERE AND I'M LOOKING AT FROM
02:52 - 22.260 MAYBE A LITTLE BIT OF A
02:52 - 25.440 DIFFERENT ANGLE HERE. I'M
02:52 - 26.540 LOOKING AT
02:52 - 29.020 THE COMMUNITY SECTION OF THE A
02:52 - 31.970 7114. YES AND
02:52 - 33.530 FROM MY FROM
02:52 - 36.340 MY PERSPECTIVE. OUR GENERAL
02:52 - 39.120 ASSEMBLY WOULD NOT BE IM YOU
02:52 - 42.180 1900. IF THERE WAS NO LIGHT
02:52 - 43.930 BODY IN THE FIRST PLACE YOU
02:52 - 44.650 AGREE WITH ME.
02:52 - 50.800 IF WE LOOK AT LANGLEY GET THE
02:52 - 53.700 IMMUNITY SECTION. AS I'M
02:52 - 56.900 READING. IT ANTICIPATES.
02:52 - 59.910 FOR WHICH THERE MAY BE
02:52 - 01.930 LIABILITY. YEAH
02:53 - 05.250 CREASY THE ACTUAL ALL
02:53 - 07.970 INVOLUNTARY COMMITMENT WHICH IS
02:53 - 09.910 WHERE YOU'RE ASKING US TO DRIVE
02:53 - 11.570 A GREAT LINE IN LET LET ME GIVE
02:53 - 12.910 YOU AN EXAMPLE THERE TOO.
02:53 - 14.140 ON.
02:53 - 16.310 AND I'M SURE YOU TAKE YOU
02:53 - 18.490 KNOW AGAIN THE U.S. IS FOR OUR
02:53 - 20.010 PURPOSES SINCE REVEALING WITH
02:53 - 22.600 A PHYSICIAN. I IT PROVIDES
02:53 - 23.410 IMMUNITY YEAR
02:53 - 26.520 FOR PHYSICIAN WHO PARTICIPATES
02:53 - 26.970 IN IS
02:53 - 29.410 ANY DISSENSION THAT PERSON BE
02:53 - 31.230 EXAMINED WERE TREATED AND DO
02:53 - 33.690 THIS APP. THAT
02:53 - 36.150 TO ME HUNT IN PLACE,
02:53 - 38.400 HUN DOT THAT WILL BE
02:53 - 40.850 TAKEN IN THE FUTURE CERTAINLY
02:53 - 42.660 IT CAN IN CONGRESS.
02:53 - 44.470 THE ACTUAL
02:53 - 46.880 COMMITMENT PROCEDURE. BUT
02:53 - 48.490 THAT'S NOT WHAT A SENSE.
02:53 - 48.770 IT'S
02:53 - 52.180 AN DOES IT'S IMMUNITY 19 A
02:53 - 54.540 PHYSICIAN WHO PARTICIPATES IN
02:53 - 57.250 A DECISION. OK AND LET LET ME
02:53 - 58.190 JUST FINISH AND YOU COULD
02:53 - 00.350 ANSWER FOR YOU GLOBALLY.
02:54 - 02.200 I I CAN
02:54 - 04.780 LOOK AT THE LAST RAYS OF THE
02:54 - 06.000 IMMUNITY SECTION.
02:54 - 07.070 >>ON.
02:54 - 11.710 >>WHICH PROVIDES IMMUNITY FOR A
02:54 - 14.430 PHYSICIAN WHO DENIES AN
02:54 - 16.470 APPLICATION FOR.
02:54 - 19.700 INVOLUNTARY EXAMINATION.
02:54 - 22.230 AND TREATMENT. SO IN
02:54 - 24.240 THAT CASE, YOU'RE NEVER BE A
02:54 - 24.620 MAN.
02:54 - 27.350 WHY WOULD THE
02:54 - 30.310 GENERAL ASSEMBLY, THE IMMUNE I
02:54 - 31.750 SEEN THIS KIND NOT
02:54 - 34.570 WHERE UNDER YOU'RE NOW EXCESS.
02:54 - 36.570 THERE'S NO LIABILITY IN THE
02:54 - 39.030 FIRST INSTANCE. YOU ARE
02:54 - 39.830 MY ANSWERS.
02:54 - 41.880 >>THEY'RE NOT IMMUNE ICING
02:54 - 44.670 CONDUCT ITS THE CONDUCT AS
02:54 - 47.320 ARTICULATED IN THE SECTION THAT
02:54 - 49.660 YOU'RE REFERRING TO OCCURS
02:54 - 51.910 UNDER THE YEAH THE PHRASE UNDER
02:54 - 54.340 PARTICIPATES IN ITS DECISION
02:54 - 57.380 UNDER THE ACT IS WHAT 7140 SAYS
02:54 - 00.610 AND UNDER THE ACT CLEARLY TO ME
02:55 - 02.880 MEANS UNDER THE PROVISIONS OF
02:55 - 04.230 THE ACT OR INVOLUNTARY
02:55 - 06.040 COMMITMENT. IT IN NO WAY
02:55 - 10.070 CONTEMPLATES WELL DECISION AS
02:55 - 13.520 THAT TERM IS USED WHAT HIM I.
02:55 - 17.170 CONDUCT A PHYSICIAN AT HOME OR
02:55 - 20.410 JUST IT ANYWHERE. YOU KNOW IN
02:55 - 22.970 IN IN THE OFFICE. ENGAGING IN
02:55 - 24.920 A CONVERSATION OR A
02:55 - 26.670 CONTEMPLATION SOMETHING THAT
02:55 - 28.520 WOULD BE I THINK IT'S VERY UH
02:55 - 31.490 UNSOUND WAY YOU SOUND WAY TO
02:55 - 31.740 YOU
02:55 - 33.200 IN TOTAL.
02:55 - 35.350 >>MAKE IT BUT YOU KNOW I
02:55 - 37.230 STARTED FOCUSING ON OUR DRIVE
02:55 - 38.370 HERE AND WE ALL
02:55 - 41.480 HAVE BEEN WHICH IS TO GIVE
02:55 - 43.120 MEANING I CHOOSE
02:55 - 46.090 THIS CONCEPT OF WHAT AN
02:55 - 47.440 INVOLUNTARY.
02:55 - 48.600 >>OR.
02:55 - 50.710 >>OWING TO RE COMMITMENTS.
02:55 - 55.060 ALL AND INVOLUNTARY TREATMENT
02:55 - 57.890 DECISIONS ON AND HOW ABOUT THE
02:55 - 58.880 SECOND POINT MISTER
02:55 - 01.270 KLEIN T HOW COULD HE BE UNDER
02:56 - 03.360 YOUR EYE COULD BE OUT BY HAND
02:56 - 05.220 YOU'RE GETTING YOUR PAPERS I
02:56 - 07.650 THINK OUT. HIS AGENCY YEAR
02:56 - 08.260 HAPPENED
02:56 - 10.580 YOU BUY. I THE IN THE SECOND
02:56 - 13.320 THE SECOND I D THE FINAL RACE
02:56 - 15.270 OF THE NEEDY SECTION PROVIDES
02:56 - 16.790 IMMUNITY FOR A PERSON
02:56 - 19.780 WHO DID NICE AN APPLICATION
02:56 - 20.560 FOR.
02:56 - 23.230 INVOLUNTARY EXAMINATION
02:56 - 25.500 AND TREATMENT. THEY'VE NEVER
02:56 - 27.270 BEEN A 3, 2 IN ATLANTA.
02:56 - 30.660 SO WHY WOULD THAT CLIMBED UP
02:56 - 33.860 THE IMMUNIZE AND YOUR YOUR
02:56 - 35.820 ANALYSIS OF THE ACT WHERE
02:56 - 38.270 YOU YOU WRITE WHY HE.
02:56 - 40.690 YEAH COMMITMENT PROCEDURE TO
02:56 - 41.860 BEGAN IN ORDER TO HAVE
02:56 - 42.650 ANY LIABILITY.
02:56 - 45.200 >>YOUR HONOR ESTA THE LAST WEEK
02:56 - 47.620 I THINK THE LEGISLATURE DID WAS
02:56 - 49.740 TO INDICATE THAT CERTAIN
02:56 - 51.370 OFFICERS OF THE COURT CANNOT BE
02:56 - 53.170 HELD CIVILLY LIABLE FOR
02:56 - 55.220 DECISIONS MADE WITH RESPECT TO
02:56 - 58.220 INVOLUNTARY COMMITMENT. BUT IN
02:56 - 00.620 THE CHANCE, YOUR POINT ABOUT
02:57 - 03.230 THE THE HEAT. THE OF THIS
02:57 - 05.030 PROVISION. I
02:57 - 08.040 ALREADY FIERCELY THAT ALL OF
02:57 - 11.080 THOSE PROVISIONS IMPLY WHY LEE
02:57 - 14.100 THAT THEY MUST BE WE'RE IN THE
02:57 - 15.950 PROCEDURE. LINE.
02:57 - 20.170 I 73 '02 STATED ANOTHER WAY.
02:57 - 20.950 WHAT IT
02:57 - 23.640 SAYS IS WHEN ANYTHING WENT BIG
02:57 - 25.170 IN THE PROCEDURES WHERE IT'S
02:57 - 27.100 ALL CONNECTED. YOU HAVE TO DO
02:57 - 27.600 THEM CORRECT.
02:57 - 29.790 >>AND IT'S BEEN KIND ENOUGH I
02:57 - 31.540 BE IF I IF I COULD JUST
02:57 - 33.230 INTERJECT THERE I KEEP
02:57 - 34.880 REFERRING US TO THE IMMUNITY
02:57 - 36.750 PROVISION BUT YES TO THAT LAST
02:57 - 38.040 PHRASE THAT I JUST READ
02:57 - 41.070 TO YOU. ON YES PLANE GIFT COULD
02:57 - 43.010 ESTABLISH THE GROSS NEGLIGENCE
02:57 - 44.830 OR RECKLESSNESS THAT'S REQUIRED
02:57 - 47.740 THAT. THAT POSITION
02:57 - 49.410 COULD BE WIBLE.
02:57 - 50.560 I MEAN
02:57 - 53.990 SO SO YOU KNOW I IT IS OR YOUR
02:57 - 55.660 E I WOULD UNDERSTAND DEGREES
02:57 - 57.330 AND A MAN SAYING YOU CAN NEVER
02:57 - 58.050 BE LIABLE
02:57 - 59.640 THAT'S HOW IT ENDS. THIS IS
02:57 - 00.860 INCLUDED WITHIN THE SAME
02:58 - 02.220 PROVISION THAT SAYS
02:58 - 04.170 YOU CAN'T BE LIABLE UNLESS YOU
02:58 - 06.570 PROVE THIS ELEVATED STANDARD
02:58 - 08.500 AND CLIMBED A. AND
02:58 - 10.430 SO I THAT'S WHY I'M SAYING I
02:58 - 12.170 MEAN I UNDERSTAND HOW
02:58 - 14.760 WE HAVE WE'D ACTUALLY NOT BEEN
02:58 - 16.110 CALLED THE POINT TO ANSWER THE
02:58 - 17.460 QUESTION THAT YOU BROUGHT TO
02:58 - 18.720 THE COURT OR MISTER COMEY AT
02:58 - 20.320 HIS RIGHT TO THE COURT WHICH IS
02:58 - 23.010 WHEN DIES. YES.
02:58 - 26.820 CREMATIONS ATTACK.
02:58 - 27.680 AND
02:58 - 28.970 I THINK JUST FROM MY
02:58 - 30.150 PERSPECTIVE I THINK IT'S
02:58 - 32.250 REASONABLE TO LOOK AT WHEN THE
02:58 - 33.850 GENERAL ASSEMBLY THOUGHT THEY
02:58 - 36.510 HAD TO IMMUNIZE THAT WOULD
02:58 - 39.390 OTHERWISE INCUR LIABILITY AND
02:58 - 39.930 UBS.
02:58 - 43.380 IF THAT WOULD OPEN THE DOOR TO
02:58 - 45.170 CLAIMS THAT WOULD BE.
02:58 - 48.930 >>INDISTINGUISHABLE FROM A
02:58 - 50.850 CLAIM UNDER ON A LOT OF
02:58 - 52.120 LIABILITY AND
02:58 - 54.310 I WOULD SAY THAT WOULD BE
02:58 - 55.630 UNSUPPORTABLE AND THAT'S WHAT
02:58 - 57.760 I THINK THAT INTERPRETATION
02:58 - 58.830 WOULD OPEN THE DOOR TO.
02:58 - 00.300 >>I DON'T AND I DON'T
02:59 - 02.050 UNDERSTAND HOW THE AUDIENCE
02:59 - 03.170 BECAUSE I'M I'M JUST
02:59 - 06.000 GREAT NOW READING THE LANGUAGE
02:59 - 06.920 IN THE STATUTE.
02:59 - 09.190 I MEAN YOU KNOW AT SOME POINT
02:59 - 10.500 IN TIME THAT'S WHAT WE END
02:59 - 12.380 UP TO WE YOU KNOW WE END UP
02:59 - 13.760 LOOKING AT THE STATUTE AND
02:59 - 15.750 STAYS IN THE U.S., WE LOVE TO
02:59 - 17.950 BE IMMUNITY SECTION TO DO FINE.
02:59 - 20.550 WHERE THE COVERAGE AT THE
02:59 - 20.970 ACTIVE
02:59 - 24.150 I I YOU KNOW MEDIA IS
02:59 - 25.160 THAT WORK THIS THROUGH ITS
02:59 - 26.860 TIME, BUT I KNOW I'M TO THE
02:59 - 28.530 POINT THEY CAN RIGHT NOW,
02:59 - 31.060 I'M JUST LOOKING AT THE STATUE
02:59 - 32.740 TO HELP ME I
02:59 - 34.860 UNDERSTAND ON WHAT THE
02:59 - 36.380 APPROPRIATE RESOLUTION OF
02:59 - 38.510 THIS QUESTION IS AS TO WHEN THE
02:59 - 40.570 PROCEDURES THAT THE APP WHY BUT
02:59 - 41.720 I THINK I THANK YOU FOR YOUR
02:59 - 43.090 INPUT, THANK YOU. THANK YOU
02:59 - 43.550 YOUR HONOR.
02:59 - 45.030 >>THANK YOU MISTER KOPP
02:59 - 47.940 THE TIME IS UP BUT I WOULD
02:59 - 49.740 LIKE YOU BEFORE WE CONCLUDE
02:59 - 51.430 ASKED, YES WE ARE CURRENTLY HAS
02:59 - 52.050 A QUESTION.
02:59 - 55.670 >>I KNOW I HAVE MY QUESTION WAS