Issues include: natural gas extraction lease consumer protection; wrongful use of civil proceedings; out-of-state drug delivery resulting in death; juvenile murder re-sentencing costs; child custody case gag order; and contested trusts and attorney-client privilege
00:05 - ITS RELATION WE'RE CONDUCTING
00:07 - THIS SEARCH REMOTELY.
00:09 - THE COURT FOUND THAT PROCEED IN
00:11 - THIS MATTER RATHER CANCELING OR
00:14 - POSTPONING THE SESSION. AS WE
00:16 - CONSIDER QUITE KNOW THAT FOR
00:18 - SOME IN UNIFORM. EVEN IN
00:22 - A RELATIVELY DIFFICULT TIMES.
00:25 - ADDITIONALLY OUR COURT IS NOT
00:26 - BASED ON COUNTS. BUT DUE TO
00:29 - THE INMATES. YES, YES, WE HAVE
00:31 - DEVELOPED THE
00:32 - PRESSURE ON. SHE CONTROLLED ALL
00:35 - COUNCIL WHO WILL BE LOOKING
00:37 - FOR.
00:39 - JOHNNY SPEAKING COUNCIL OR I
00:42 - HAVE FALLEN HALEIGH MAXIMUM OF
00:45 - 20 MINUTES. WITH
00:47 - FAST AND THE FIRST OF SEVERAL
00:49 - MINUTES RESERVE FORM OF
00:51 - THE STATE. AND THE FINAL WHY IN
00:53 - A FEW MINUTES, WE'RE CLOSING
00:55 - REMARKS. WE WOULD ASK COUNCIL
00:58 - TEAM KEEP AN EYE ON
00:59 - THEIR WATCHES. BUT WE SURE KNOW
01:02 - OR THEM AS WE APPROACH THE
01:05 - CONCLUSION,
01:05 - THE ARGUMENT IS IT A CONCERN
01:08 - RISING FROM PUBLIC VIEW.
01:11 - JUSTICES YOU HAVE QUESTIONS
01:14 - IT'S LIKE FOR THEM. SO THE
01:16 - COUNCIL MIGHT FOCUS OR
01:17 - ATTENTION ON THE JUSTICE ASKS
01:20 - YOU A QUESTION. OR
01:22 - FIND ME AS USE CUSTOM. I WILL.
01:25 - BRIEFLY STATE'S CASE. IN HER
01:28 - REMY ISSUE BEFORE THE BOOK.
01:32 - PLEASE CALL THE FIRST CASE.
01:37 - FIRST IS MATTER COMMONWEALTH OF
01:38 - PENNSYLVANIA WITH A DEGREE IN A
01:41 - DARK HOLE
01:42 - IN IT.
01:42 - >>REPORTS COMING IN THAT ROOM
01:44 - IS EVEN A CHOSEN REPRESENTING
01:47 - CHESAPEAKE ENERGY IS DANIEL
01:48 - KEEP BRIGHT REPRESENTING THE
01:50 - COMMONWEALTH IS
01:53 - HE'S A GOOD MARKING UP. AND
01:56 - MISTER COUSIN MISTER CLARK.
01:58 - I LOVE YOU REQUESTED GO.
02:00 - AND BIG RED AN ADDITIONAL
02:02 - 4 MONTHS. PRESENT
02:04 - YOUR CASE AND WE'RE STILL A
02:06 - FEW POUNDS. I DON'T AND YOU'D
02:08 - BE DIVIDING WE'RE 30 MINUTES.
02:12 - STARR WITH MISTER PRISON.
02:14 - IN TERMS OF THE ISSUE BEFORE
02:15 - THE COURT.
02:17 - PALACE ARE ENERGY COMPANIES
02:19 - THAT
02:19 - EXECUTED LISI WHAT HAS BEEN
02:22 - YOUR RESIDENCE FOR NATURAL GAS
02:24 - EXTRACTION.
02:26 - THE ATTORNEY GENERAL FILED A
02:27 - LAWSUIT. YES,
02:29 - THE PALINS PERCENT OF THE ARM
02:31 - FOR TRADE PROPERTY IS CONSUMER
02:33 - PROTECTION LAW.
02:35 - ALLEGING THAT THEY USED TO
02:37 - SHOCK YOU THAT MEETING, I'M
02:40 - SURE TALKING SECURING THE
02:42 - LEAST. AND ALSO LIKE TO
02:44 - BE RESTRAINED. GREAT.
02:47 - PLUS ARE CHALLENGING THE
02:48 - APPLICABILITY THERE ARE
02:50 - PROTECTIONS ALL DOWN GIVEN
02:53 - THEIR STATUS CLASSY.
02:56 - A CALLOUS ALL FOR YOU. I TRUST
02:59 - CLAIMS WE'RE ON AVAILABLE.
03:01 - UNDER THE STATUTE. MR COUSINS.
03:06 - THANK YOU YOUR HONOR CORRECTLY
03:08 - SNEAKERS A FRIEND OF GEORGIA.
03:10 - IT IS THE OVERREACH OF THE U.S.
03:12 - ATTORNEY GENERAL AND THE FAULTY
03:14 - REASONING OF THE COMMONWEALTH
03:15 - COURT WHICH BRINGS US HERE
03:16 - TODAY. THIS COURT GRANTED A
03:18 - HELICOPTER FROM THE PURPOSE OF
03:20 - THAT
03:20 - HER MONEY WHETHER THE ATTORNEY
03:22 - GENERAL HAD THE RIGHT UNDER THE
03:23 - SEAT, YOU KNOW THE EXERCISE
03:25 - ENFORCEMENT POWERS AGAINST
03:27 - BUYERS RATHER THAN SELLERS.
03:29 - THESE ALLIES, THE CDL AS AN
03:31 - ANTI-TRUST LAW THAT EXERCISE
03:33 - SUCH ENFORCEMENT POWERS OVER
03:35 - COMMERCIAL TRANSACTIONS
03:36 - GENERAL. THERE WAS A STATUTORY
03:39 - CONSTRUCTION. THE TEXT OF THE
03:41 - ACT AND THE LEGISLATIVE HISTORY
03:43 - SAY NO.
03:44 - BUT THE COMMONWEALTH COURT
03:45 - ANALYSIS IS SIMPLE AND WRONG.
03:47 - >>WARREN ALL THESE ARE SALES.
03:50 - 2 THE SALES PITCH IN THE SECOND
03:53 - PHRASE OF THE DEFINITION OF
03:54 - TRADE AND COMMERCE. WITH THE
03:56 - WORDS AND INCLUDES IS A
03:58 - CATCH-ALL OF SELLERS AND BUYERS
04:00 - UNDER A DICTIONARY DEFINITION.
04:02 - AND 3 WITH ROUNDUP NOW IN
04:05 - THE HAT. THEY HOLD ANYONE
04:07 - CONNECTED MUSCLE TRANSACTION,
04:09 - MAYBE SO BY THE ATTORNEY
04:10 - GENERAL. UNDER THE CPL. SINCE
04:13 - ITS ENACTMENT IN 1968. NO
04:16 - PENNSYLVANIA COURT UNTIL NOW AS
04:19 - EVERY INTERPRETED THE C E O
04:21 - THAT'S WHAT THE RISE IN MCLEAN
04:22 - BYRON BEHALF OF THE SUMMER
04:24 - AGAINST THE PERSON WHO ACQUIRE
04:26 - SOMETHING FROM A SELLER OR I
04:28 - SEPARATELY OVER RISING WRITING
04:30 - BY ACTION AGAINST
04:31 - THE PERSON SIMPLY BECAUSE THAT
04:33 - PERSON IS INVOLVED IN ANY FORM
04:35 - OF COMMERCIAL TRANSACTION.
04:36 - EARLIER IN
04:37 - THIS CASE. THE AGING CONCEDE
04:40 - THAT ANADARKO WAS A FIRE
04:42 - AND THAT THE LANDOWNERS WERE
04:43 - SUMMERS IN THESE TRANSACTIONS.
04:46 - THE TEXT CPL AND DEFINITION OF
04:48 - TRADE
04:49 - AND COMMERCE CAIN'S NEVER TEXT
04:51 - REALLY MERKEL MAGICALLY.
04:53 - THE SUGGESTION THAT TRADE AND
04:54 - COMMERCE HAS 2 SEPARATE ME AND
04:57 - THAT THE SECOND MEANS A SECTION
04:59 - OF LIES THE BUSINESS
05:00 - TRANSACTIONS GENERAL.
05:02 - AND THE DOOR WAS NOT
05:03 - ADVERTISING IS NOT
05:05 - SERVICE E IS NOT OFFERING ANY
05:07 - SERVICE OR PROPERTY IS NOT
05:09 - SELLING A SERVICE
05:10 - OR PROPERTY AND IT IS NOT
05:12 - DISTRIBUTE THE SERVICE OR
05:13 - PROPERTY TO THE
05:14 - BOTTOM LINE. AND OUR CREW IS
05:16 - NOT ENGAGED IN TRADE AND
05:17 - COMMERCE AS DEFINED BY THE CPL
05:20 - ITS TERMS OR ANY APPLICABLE TO
05:22 - THE TRANSACTIONS
05:23 - IN QUESTION. THE ENTRY INTO
05:25 - WORLD AGAINST ISIS PLANTED OR
05:27 - COLOR TRANSACTIONS, NOT COVERED
05:29 - BY
05:30 - THE CBO BECAUSE ANADARKO HAS BY
05:33 - SIMPLY ENTERING INTO A FEE
05:35 - SIMPLE THE TURNTABLE READ THE
05:37 - FEASIBLE ALL THE OIL.
05:39 - IT IS IN UNDER THE DESCRIBED
05:41 - PREMISES WITH RIGHTS OF INGRESS
05:43 - AND EGRESS
05:44 - FOR THE PURPOSES OF TRULY
05:45 - OPERATING OIL AND GAS WELLS IN
05:47 - RETURN FOR FUTURE ROYALTIES IF
05:49 - THEY DO SO. THE FIRST
05:51 - QUESTION THEN. MISTER
05:55 - COUSIN NOT. WITH IN WHICH WE'VE
05:59 - ALLOWED IT. I WOULD LIKE TO.
06:03 - I
06:03 - ASKED YOU. YES, THIS IS
06:05 - PROBABLY WHERE YOU HAVE AN
06:07 - OPPORTUNITY TO INTERFACE WITH
06:09 - THE COURT AND WE'D YES JUST TO
06:12 - SPARE.
06:16 - >>THANK YOU CHIEF JUSTICE JOB
06:17 - MR. KOSEN HOW THINK
06:19 - YOU HAVE CAN A PUT YOUR HANDS
06:22 - ON THE ALSO THE CASE.
06:25 - EVEN IN OUR COMPLEX SOCIETY.
06:28 - THERE ARE MANY FIRES THAT IN
06:31 - FACT CONTROL THE TRANSACTION.
06:34 - YEAH YOUR MEAT PACKING
06:36 - FACILITIES, DAIRY FARMERS.
06:38 - PERHAPS JOLLY GREEN IN
06:41 - VEGETABLES. I THOUGHT ABOUT THE
06:44 - FAIR TRADE
06:45 - COFFEE MOVEMENT BECAUSE OF THE
06:47 - EXPLOITATION OF COFFEE GROWERS,
06:48 - ALL KNOW
06:49 - CERTAINLY NOT UNITED STATES BUT
06:51 - GIVEN THE REALITY THAT.
06:54 - PURCHASER'S
06:55 - CONTROL TRANSACTIONS IN THE
06:56 - SAME WAY THAT THE LEGISLATURE
06:58 - SOUGHT
07:01 - CABIN SELLERS. WHY AS AN
07:04 - ATTORNEY.
07:05 - FALL THAT WITHIN LEGISLATIVE
07:07 - INTENT THAT THAT LAST CLAUSE
07:09 - HAVE 2, 1, 2,
07:12 - 3 WHICH SAYS INCLUDES ANY TREE.
07:15 - ANY TRADE THE WORD ANY I THINK
07:16 - IT'S MORE DESPISED IN AN
07:18 - FOR COMMERCE, DIRECTLY OR
07:20 - INDIRECTLY AFFECTED PEOPLE.
07:21 - THE COMMONWEALTH. I SAID THAT
07:24 - REGIONAL CONSTRUCTION.
07:25 - >>NO I IN SENTENCING GAUGING IN
07:27 - ANY OTHER FORTUNE OR DECEPTIVE
07:29 - CONDUCT. WHICH MEANS AS WE AS
07:32 - WE OUTLINED A PRIOR 20.
07:35 - BUT I THINK THE ANSWER TO YOUR
07:36 - QUESTION JUST A SPIRIT
07:37 - OF RESPECT IS IT THIS IS REALLY
07:39 - NOT AN ISSUE FOR THE COURTS.
07:40 - THIS IS AN ISSUE OR THE
07:41 - LEGISLATURE. THE LEGISLATURE IS
07:44 - TO DETERMINE WHETHER OR NOT
07:46 - CERTAIN TRANSACTIONS AND
07:48 - CERTAIN RELATIONSHIPS. WELL, 2
07:49 - OR NOT TO BE OR TOLL OF THE WAR
07:52 - IN CONGRESS BY THE A CONSUMER
07:54 - PROTECTION LAW IN THIS CASE.
07:57 - I GO BY THE TAX AND THE
07:59 - STATUTORY CONSTRUCTION OF THE
08:01 - TEXT AND THERE IS NO INDICATION
08:03 - ANYWHERE IN HERE. BAD.
08:06 - THESE THESE 40'S OR ANYTHING
08:10 - OTHER THAN SELLER
08:12 - AND BY THIS KIND OF THE
08:13 - TRANSACTION IS WELL DOCUMENTED
08:16 - AS LANDOWNERS ARE SELLERS THAT
08:19 - STUFF AS YOU KNOW MISTER
08:20 - COLUMBA MAY I INTERRUPT YOU
08:22 - BECAUSE MY TIME
08:23 - IS LIMITED AND I'M NOT SURE
08:25 - THAT YOU PUT YOUR FINGER ON
08:27 - WHAT I WANTED TO HEAR FROM YOU.
08:29 - >>LANGUAGE, I'M LOOKING AT AND
08:31 - I TRUST IT'S ACCURATE
08:32 - IS TO A 1, 2, 3 DEFINITION OF
08:35 - TRADE
08:35 - AND COMMERCE. IT'S THE CLAUSE
08:37 - AND INCLUDES ANY TRADE OR
08:39 - COMMERCE DIRECTLY OR INDIRECTLY
08:40 - AFFECTED PEOPLE THIS COM.
08:43 - YES, YES, YES, THEY WANT TO ASK
08:44 - YOU. MY QUESTION IS WHY DOESN'T
08:47 - THAT INCLUDES SELLERS MAKE THIS
08:48 - EASY.
08:49 - I'M SO TIRED, YOU WHY DOESN'T
08:51 - INCLUDE BUYERS. IT DOESN'T
08:53 - INCLUDE BUYERS BECAUSE YOU THE.
08:57 - THAT THAT'S THE MISSION TRADE
08:59 - AND COMMERCE. THESE
09:00 - UNITS ARE IT IS NOT SEPARATED
09:03 - INTO 2 DIFFERENT
09:04 - SETS OF IDEAS OR PHRASES.
09:07 - TRADE AND COMMERCE AND INCLUDES
09:10 - ANY TRADE OR COMMERCE MEANS.
09:12 - LIKE WHAT WE JUST SAID IN
09:15 - THE PRIOR. YES IN THE PRIOR
09:17 - LANGUAGE. ADVERTISING OFFERING
09:20 - FOR SALE, SALE OR DISTRIBUTION
09:22 - OF SERVICES. WELL AND ANY
09:24 - PROPERTY.
09:27 - DIRECTLY OR INDIRECTLY
09:28 - AFFECTING THE PEOPLE OF THE
09:29 - COMMONWEALTH IS A DESCRIPTION
09:31 - AS CHIEF JUSTICE. A SAILOR I
09:34 - THINK RECOGNIZED.
09:35 - >>IT IS IN THE
09:38 - MOST RECENT DECISION THAT HE
09:41 - WROTE.
09:44 - >>THAN GAME. NO WAY IS THE
09:46 - FINDING THEY PROTECTED CLASS.
09:49 - >>SO.
09:51 - >>WHEN WE SAY AND INCLUDE TRADE
09:53 - OR COMMERCE IT MEANS TRADE OR
09:55 - COMMERCE HAS HERETOFORE DEFINED
09:57 - IN THIS SENTENCE WHICH.
10:00 - FACTS DIRECTLY OR INDIRECTLY.
10:03 - THE PEOPLE OF THIS COME.
10:05 - SO IT'S ONE UNIT HURRY
10:07 - DEFINITION IN FACT THE RULES OF
10:09 - STATUTORY CONSTRUCTION. DICTATE
10:12 - THAT RESULT BECAUSE UNDER
10:15 - 1921.
10:18 - 1921.
10:19 - BIG THEY REFER TO BEING
10:21 - GOVERNED SOLELY BY THE TEXT AND
10:24 - NOT EXPANDING THE TEXT. BEYOND
10:26 - THAT WHICH THE LEGISLATURE
10:28 - DEEMED APPROPRIATE TO PROVIDE
10:31 - I HOPE THAT ANSWERS YOUR
10:32 - QUESTION TASTE GUYS AND I
10:33 - APPRECIATED CHIEF THANK YOU FOR
10:34 - THE TIME.
10:35 - >>THANK YOU GUYS GOT IT RIGHT.
10:38 - >>THANK YOU CHIEF
10:41 - MR KOSEN JUST
10:43 - TO SPARE, HOWEVER MY QUESTION
10:45 - THAT I HAD ABOUT THE INTER
10:46 - RELATIONSHIP BETWEEN THE 2.
10:49 - THE MISSIONS AND I THINK YOU
10:50 - SAW ANSWER THAT VERY WELL I
10:53 - JUST HAVE ONE ADDITIONAL
10:55 - QUESTION AND IT'S ABOUT WERE
10:58 - HURT OR A STATION IN
11:00 - YOUR HURRY. OUR COURT HAS NEVER
11:03 - IT'S TRUE. IT'S
11:05 - NOW IN THAN THAT HOW IS
11:09 - IT NOT THE MAJORITY. BOTH
11:11 - WERE STUDENTS
11:14 - I'M ASKING THAT MAY BE
11:15 - TRUE THAT IS IT'S NOW BEEN
11:18 - STIRRED AND OTHER ALLIES HAVE
11:20 - NEVER HAD.
11:23 - LATE WITH THE SURFACE TO
11:26 - ADDRESS TO FLEE.
11:27 - >>NO NOT REALLY I THINK I THINK
11:30 - THAT THAT THIS IS A CASE OF
11:31 - FIRST IMPRESSION AND SO I THINK
11:34 - YOU CAN GO BACK TO THE
11:35 - MONUMENTAL PROPERTY. YOU CAN GO
11:37 - BACK HOME.
11:39 - >>I WANT TO ALSO MAKE THE CHIEF
11:40 - JUSTICE'S OPINION WHICH
11:42 - EVERYBODY HEARD WELL IT IN IT
11:44 - AND MORE RECENTLY.
11:47 - BUT THOSE CASES CLEARLY
11:51 - STATE BUT THEIR BASIC PREMISE
11:53 - OF PRANK. IT WAS.
11:55 - WELL THE CPL AND THIS YEAR'S
11:57 - UNITED SURETY THE CBO'S WAS IT
12:00 - CAN TO CONSUMER PROTECTIONS,
12:03 - COOL. NOW WE CAN
12:05 - ALWAYS ARGUE ABOUT WHETHER OR
12:07 - NOT.
12:09 - JUSTICE ROBERTS SHOULD HAVE OR
12:11 - SHOULD NOT HURT. THIS I DO.
12:14 - THE RENTAL PROPERTY. QUESTION
12:17 - WEATHER. LET'S SEIZE UPON HIS
12:19 - PROPERTY WERE IN THE SAME
12:20 - POSITIONS, CONSUMERS
12:22 - AND THE LESS WORDS OF RENTAL
12:23 - PROPERTY WHERE THE SAME
12:24 - POSITION AS SELLERS. AND
12:27 - I THINK THE ANSWER IS HE GOING
12:30 - TO PLAY WHERE THE NAVY HAS A
12:32 - STRICT CONSTRUCTION IS I THINK
12:35 - THE COURT SHOULD NOT TAKING THE
12:36 - CASE. IT SHOULD BE LEFT TO THE
12:38 - LEGISLATURE. BUT I HAVE
12:40 - NO ORGANIZATION. THE ANALYSIS
12:42 - BUT I DO IN POINT OUT ONE THING
12:44 - THIS IS IMPORTANT.
12:47 - JUSTICE ROBERTS BE HOOKED
12:50 - OR RESPECT BEFORE WHOM I
12:52 - APPEARED SEVERAL TIMES.
12:54 - HAD JUST AS
12:56 - YOUR LOVERS. I DOT THE WE HAD
12:59 - TO PUT A SHUNT OBEY. HOW MANY
13:01 - MORE AS TO WHAT THE AND
13:04 - INCLUDES LIVES WITH ME.
13:06 - HE WOULD HAVE NEVER HAD TO GO
13:08 - THROUGH ALL OF THE PAINSTAKING
13:10 - ANALYSIS THAT HE WENT THROUGH
13:12 - IN ORDER TO DETERMINE
13:14 - WHO WORKED WHO WAS THE CELERY
13:15 - WHO WAS A CONSUMER BECAUSE
13:18 - UNDER
13:18 - THEIR INTERPRETATION. THE
13:21 - LANGUAGE AND INCLUDING
13:22 - THEREAFTER, MAKES ME EVEN LESS
13:25 - EVERYTHING THAT YOU SAID BEFORE
13:27 - IN THIS IN THIS DEFINITION AND
13:29 - MAKES IT SUPER FULLEST SO WHY
13:31 - GO THROUGH THIS REALLY
13:34 - PAINSTAKING ANALYSIS AND HE
13:36 - WENT THROUGH TO JUSTIFY
13:38 - HOLDING. IT GIVES. MY
13:41 - PROPERTIES HAS TO SAY. IS THIS
13:44 - SUMMER TRANSACTIONS
13:45 - AND IT IT GIVES THE WHOLE BIG
13:47 - PAYOFF. THE COMO
13:50 - WATCH DECISION AND THE ATTORNEY
13:52 - GENERAL'S ARGUMENT THAT THE
13:54 - WORDS AND THE BLUES IS A
13:57 - TOTALLY SEPARATE AND DISTINCT
13:58 - DEFINITION
14:00 - THAT BRINGS ALL KINDS OF MOSUL
14:02 - TRANSACTIONS. UNDER THE OLD.
14:05 - UNDER THE AEGIS OF OF THE
14:08 - ATTORNEY GENERAL AND WILL THAT
14:10 - NOT THEY DIDN'T KNOW.
14:13 - WE WHEN YOU ULTIMATELY GET TO
14:15 - THE ANTI-TRUST QUESTION.
14:17 - CAN YOU JUST IMAGINE. IT WAS
14:20 - THE INTENTION OF THE
14:20 - LEGISLATURE. 100 TO ONE BATCH
14:24 - MORE.
14:25 - TO GET DISTRICT ATTORNEYS
14:27 - AROUND THE STATE. FOR
14:28 - EVERY COUNTY. THE RIGHT TO
14:30 - ENFORCE ANY TRUST MOST.
14:34 - I CAN SENSE WIND. THANK YOU SO
14:37 - THANK YOU JUSTICE TANI A.
14:39 - >>THANK YOU
14:40 - G MORNING.
14:41 - >>I AM WILLING TO DO WHAT I
14:44 - WANT TO FOLLOW UP BY MAY BE IN
14:46 - THE SAME THOUGHT PROCESS THAT
14:47 - JUST THIS AIR YEAH. I AND ON
14:51 - I'M I'M THE
14:52 - THINKING OF THE TERMS BUYER IN
14:54 - SELLER IN THE CLIMB CAPS AND
14:56 - THIS TRANSACTION AND THE
14:59 - ECONOMIC REALITY THAT SAID PLAY
15:01 - HERE. AND SO I'M
15:03 - JUST WONDERING ON IF INDEED WE
15:06 - NEED
15:07 - TO SHOEHORN I THIS TRANSACTION
15:10 - INTO THE CLIMB SECOND BUYER AND
15:12 - SELLER. WHY ISN'T.
15:15 - IN KEEPING WITH THE ECONOMIC
15:17 - REALITY HERE AND GAS EXTRACTORS
15:21 - ARE ACTUALLY SELLING
15:23 - THEIR SERVICES AND YES,
15:26 - IT'S TRACTORS.
15:27 - 2 INDIVIDUALS WHO ARE ON YOU
15:31 - KNOW LOOKING FOR AND
15:32 - THE ABILITY TO ON I HAVE HERE I
15:37 - GUESS TO TRACK IT.
15:38 - I MEAN ASSUMING FOR THE SAKE
15:41 - OF DISCUSSION THAT WE ARE
15:43 - INDEED DEALING WITH AN OPEN
15:45 - MARKET IN ALL OF
15:46 - THESE TERRITORIES WHERE OWNERS
15:49 - OF GAS RIGHTS
15:51 - CAN ACTUALLY LOOK FOR THE BEST
15:54 - DEAL IN THE END THIS
15:56 - EYE ON WHO I THEY WANT TO
15:58 - CHOOSE TO EXTRACT THE GAS.
16:01 - WHY ISN'T IT THAT COMPANIES
16:03 - LIKE YOURS THAT
16:04 - YOU'RE REPRESENTING SHOULDN'T
16:06 - BE VIEWED AS SELLERS I GUESS
16:09 - IT'S TRACKING SERVICES WHICH
16:11 - SPENCE
16:11 - SQUARELY WITHIN THE CLIMB THE
16:15 - STATUTE THAT AND YOU WOULD BE
16:17 - INTERPRETED.
16:18 - >>3, 3, ANSWERS ONE. BOTH THIS
16:22 - THOUGH LANGUAGE OF THE STATUTE.
16:24 - I DON'T THINK THE SLATE OF
16:25 - HISTORY, THE ON THE LANGUAGE OF
16:26 - THE STATUTE. THERE'S NOT DO
16:28 - YOU SUPPORT THAT KIND
16:30 - OF ANALYSIS.
16:32 - >>NUMBER 2 BEFORE YOU MOVE ON.
16:36 - WHY IS IT I MEAN IF WHAT WE'RE
16:38 - LOOKING AT IS
16:39 - BUYERS AND SELLERS WHY ARE THEY
16:41 - ARE EYEING SELLERS OF EXCEPTION
16:43 - FOR BECAUSE BECAUSE BECAUSE
16:45 - THAT'S NOT THE NATURE OF THE OF
16:46 - THE STRUCTURE OF THE FIELD
16:48 - NUMBER ONE AND NUMBER 2,
16:50 - BECAUSE THIS IS NOT A CONSUMER
16:52 - TRANSACTION.
16:53 - >>AND NUMBER 3. IF YOU LOOK
16:57 - IF YOU LOOK AT THE CASES BUT
16:59 - DEAL WITH THE DETAILS AROUND
17:00 - THE COUNTRY. THEY WILL ALL SAY,
17:03 - BUT OIL AND
17:05 - GAS LEASE IS THE CELL AND SALE
17:07 - OF THE TERMINAL. THE
17:08 - SIMPLE INTEREST. AS YOU LOOK AT
17:10 - THE CONTRACTS. WELL JUST AS
17:13 - FOG. MY CASE SCHOOL CHEN WHERE
17:15 - SHE WROTE THE OPINION AND TO DO
17:17 - IT I STOPPED BY D A AND THEY
17:19 - WERE AGAINST.
17:21 - CONTEXT THE CONTRACT MADE IT
17:23 - CLEAR THAT NOTHING WAS BEING
17:26 - SOLD. THERE WAS A PURCHASE OF
17:30 - THE RIGHTS. NOW. IF YOU FOLLOW
17:33 - YOU ARE QUESTION TO ITS LOGICAL
17:36 - EXTREME. THEN WHAT YOU HAVE IS
17:39 - YOU'RE TELLING ME IF I'M
17:41 - INVOLVED IN A BUSINESS
17:42 - TRANSACTION WHERE MY CLIENT IS
17:45 - SELLING ITS BUSINESS TO MISTER
17:48 - B. AND MISTER B ONCE UP
17:50 - A CONSIDERATION. CASH.
17:54 - AND FUTURE I CAN ASSURE A
17:56 - FUTURE PROFITS. BUT MISTER BIG
17:59 - IS ACTUALLY SELLING THE FUTURE
18:01 - PROFITS TO MY CLIENT AND HIS
18:04 - ATTORNEYS GENERAL CAN
18:05 - INTERFERE, BUT FOR PRIVATE
18:07 - PARTY TRANSACTION IN THE SALE
18:09 - OF ABYSS I THINK THAT'S ABSURD.
18:12 - QUITE FRANKLY. I SEE ABSOLUTELY
18:14 - NO SUPPORT FOR THAT. EITHER IN
18:16 - THE LANGUAGE ITSELF OR
18:17 - LEGISLATIVE HISTORY.
18:19 - >>I THANK YOU MISTER BROWN.
18:21 - MISTER AND WITH THAT WE'RE
18:25 - GOING TO. TURN
18:29 - EARNING MEYER.
18:34 - >>YEAH GOOD MORNING
18:35 - CHIEF JUSTICE AND AND TRY AND
18:38 - PRESENT. CHESAPEAKE. THIS IS A
18:41 - TEST CASE.
18:43 - TEST IS WHETHER THE CONSUMER
18:45 - PROTECTION LAW IS
18:46 - SO EXPANSIVE AND IT CAN BE AN
18:48 - OLD BY THE COMMONWEALTH
18:51 - TO BE IN
18:52 - THE 70'S AND TO SEEK RELIEVED
18:56 - AND WE HAVE A SELLERS, NOT
18:58 - CONSUMERS.
19:00 - IN A 200 BRANDS ARE IN THE 300
19:03 - PARAGRAPH K PLAN. THE
19:05 - WORD CONSUMER PIERS
19:08 - WINDS AND THAT IS IN THE NAME
19:11 - OF THE STATUTE.
19:13 - FOR OVER 50 YEARS THIS SCORED
19:15 - IN EVERY OTHER COULDN'T COME
19:16 - LOOK AT THIS LOOK AT THE
19:17 - STATUTE AND HAS INTERPRETED HAS
19:20 - CONCLUDED THAT ITS OBJECT AND
19:22 - ITS PURPOSE. IT'S TO PROTECT.
19:24 - CONSUMERS.
19:26 - FROM 1974 19 MENTAL PROPERTIES
19:29 - TO THE RECENT DECISION IN
19:30 - GOLDEN GATE. THIS COURT JUST
19:32 - NEEDED THE PURPOSE OF THE
19:34 - STATUE IS IT EVEN THE PARTY IN
19:37 - POWER BETWEEN CONSUMERS
19:39 - AND SELLERS. SO THEY'RE ON
19:41 - EQUAL FOOTING.
19:44 - THIS IS NOT THEIR CONTENT.
19:48 - ALSO WE BUY.
19:51 - IN THIS STATUTE
19:52 - WILL BECOME A GENERAL
19:54 - ALL-PURPOSE BUSINESS REGULATION
19:56 - STATUTE. IT CAN BE INVOKED BY
19:58 - ANY DISTRICT ATTORNEY ERNIE OR
20:01 - THE ATTORNEY GENERAL. THIS CASE
20:03 - IS CONTROLLED BY THE PLAIN TEXT
20:04 - OF
20:04 - THE STATUTE. IN EVERY RESPECT
20:07 - THE STATUTE SUPPORTS ONLY
20:09 - ONE CONCLUSION AND THAT IS THAT
20:11 - CHECKED WAS TO
20:12 - PROTECT CONSUMERS. THE ATTORNEY
20:14 - GENERAL'S KINDER MORGAN IS
20:16 - BESIDE MISTREATED AND CANDIDLY
20:18 - AND ABSURD READING THE
20:20 - DEFINITION OF
20:20 - TREATING COMMERCE AND ALSO OVER
20:23 - READING IN THIS CASE THIS
20:25 - COURT'S DECISION AND AND AND
20:27 - AND THE
20:27 - ANTITRUST BRIEFLY. THE CONSUMER
20:30 - PROTECTION LAW PROTECTS
20:32 - CONSUMERS. NOT MARKETS.
20:35 - NOWHERE IN THE STATUTE DOESN'T
20:36 - EVEN REFERENCED ANTITRUST
20:38 - CONCEPTS SUCH AS RESTRAINT A
20:40 - TREE, NOT THE LEAST 6 JOINT
20:42 - VENTURES OR ANY OTHER CONCEPT.
20:46 - IT IS ALSO CRITICAL
20:47 - TO NOTE THAT THE STATUTE DOES
20:48 - NOT EXPRESSLY INCORPORATED ANY
20:51 - ANTITRUST STATUE AND THAT
20:53 - DISTINGUISHES IT FROM THE
20:54 - FEDERAL TRADE COMMISSION ACT
20:56 - EXPRESSWAY INCORPORATES THE
20:58 - SHERMAN ACT.
20:59 - WE NEED 100 COMMISSION LOOKED
21:01 - AT THE ATTORNEY
21:02 - GENERAL'S LAWMAKING AND HIS
21:03 - ATTEMPT TO DECIDE SALE
21:05 - TO BUY AND IS INTENDED TO ADD
21:08 - 10 NEW MARKET PRACTICES THAT
21:10 - WOULD BE PUT ME ON THAT YET ANY
21:12 - KIND OF REVIEW COMMISSION SAID
21:13 - THAT THE ATTORNEY GENERAL WAS
21:15 - EXCEEDING HIS AUTHORITY INSURED
21:17 - THE GENERAL ASSEMBLY'S INTEND
21:20 - WAS AND IS CLEAR. THE STATUTE
21:22 - PROTECTS CONSUMERS AND
21:24 - LIBERAL CONSTRUCTION. DOES NOT
21:26 - CHANGE THAT FUNDAMENTAL.
21:28 - I CHECKED THE STATUE. I LOOK
21:30 - FORWARD TO YOUR QUESTIONS THANK
21:32 - YOU.
21:32 - >>THANK YOU MISTER BURGESS
21:34 - DAUGHERTY.
21:36 - I WOULD MAKE HIM FOLLOW THIS IS
21:37 - WHAT JUSTICE MONDAY
21:38 - SAID WHY NOT THE CONDUCT OF
21:41 - YOUR CLIENT BECAUSE IT IS
21:42 - SELLING OIL AND GAS EXTRACTION.
21:46 - >>IN A
21:46 - FEDERAL QUESTION.
21:47 - >>AND YOU JUST HAPPY THE REASON
21:49 - FOR THAT IS SIMPLE FALL.
21:51 - FIRST. WHEN THE TRANSACTION
21:53 - OCCURS.
21:55 - THE INDEPENDENTS ARE NOT UNDER
21:57 - ANY OBLIGATION TO DEVELOP THE
21:59 - PROPERTY. WHEN THE LEASE
22:01 - IS SIGNED. THE FINAL
22:03 - BLOW GOES FROM THE PELOTON
22:06 - TO THE CONSIDER THE UP HER TO
22:08 - THE SELLER.
22:10 - AND THEY HAVE PAID UPFRONT
22:12 - WE'LL T.
22:13 - THAT KIDS NEED POUNDS THE
22:14 - OPPORTUNITY BUT NOT THE
22:16 - OBLIGATION. AND DEVELOP THE
22:19 - MINERAL RIGHTS. IF THEY
22:20 - DON'T DEVELOP THE MINERAL
22:21 - RIGHTS TO KNOW RIGHT WE ARE
22:23 - BACK TO THE SELLER.
22:26 - SO IT IS NOT THIS IS NOT A
22:27 - CONTRACT FOR THE SALE
22:28 - DISTRIBUTION SERVICES. YES, YOU
22:31 - SHOULD SERVICES BECAUSE WE ARE
22:32 - UNDER NO OBLIGATION TO DEVELOP
22:34 - A GUESS THE ONLY THING THAT
22:35 - HAPPENS WHEN THE LEASE IS
22:36 - SIGNED IS A FRONT PAYMENT
22:39 - IS MADE. AND THAT'S SOMETHING
22:40 - THAT IS FOR THE POTENTIAL TO
22:42 - DEVELOP TO GUESS AND MANY MANY
22:44 - MANY LEASES ARE NOT DEVELOPED.
22:47 - SO THAT ANSWERS YOUR QUESTION
22:48 - SECT.
22:51 - >>THOUGH IT THAT'S ANALOGOUS TO
22:52 - A PORN SHOP AND CORRECT.
22:56 - IN WHAT HAS BEEN A CUSTOMER
22:59 - WOULD BE THE STORE OWNER.
23:00 - AND THE SELLER WOULD BE
23:01 - TRADITIONALLY REGARDED AS THE
23:03 - CUSTOMER.
23:06 - >>IT'S ALL IN YOUR
23:07 - EXAMPLE SIRTE. THE STORE OWNER.
23:14 - >>HAS THE OPPORTUNITY
23:16 - TO PURCHASE
23:17 - SOMETHING FROM THE PERSON
23:19 - COMING IN SEEKING TO GET VALUE
23:21 - FOR IT.
23:23 - STORE OWNER IS A.
23:26 - JUST SHARE IN THAT INSTANCE.
23:31 - >>AND THE SELLER AND THE SELLER
23:33 - IS UNDER NO OBLIGATION.
23:35 - >>YOU CAN FOR THE ARTICLE FOR
23:37 - ANY VALUE IF IT DOESN'T LIKE
23:39 - THE VALUE OF THE STORE OWNER IS
23:40 - OFFERING. THE SELLING. IT IS
23:43 - NO OBLIGATION TO ENTER INTO A
23:46 - TRANSACTION JUST LIKE
23:47 - LANDOWNERS HERE THEY
23:48 - WERE IN THEY'RE UNDER NO
23:49 - OBLIGATION TO ENGAGE IN A
23:51 - TRANSACTION WITH 2 COUNTS.
23:54 - >>THEY ARE NOW.
24:00 - >>THANK US THIS MORNING
24:01 - COUNCIL. WE ARE
24:04 - YOU POINT OUT AND YOU AND
24:05 - MISTER PRESIDENT BOTH POINT OUT
24:07 - THAT E.
24:09 - GENERAL ASSEMBLY DID NOT PASS
24:11 - THE ANTI-TRUST STATUE.
24:14 - >>IS THAT EXCLUDE THE
24:15 - POSSIBILITY THAT CPL. COULD
24:19 - ALLOW FOR CLAIMS.
24:22 - SOUNDING ENOUGH. ANTI
24:24 - COMPETITIVE BEHAVIOR RELATING
24:26 - TO CONSUMER CONFUSION IN OTHER
24:28 - WORDS.
24:31 - >>NOT A TRIUMPH FOR 8 MONTHS
24:32 - NOT NOT ANTITRUST WRIT LARGE
24:35 - BUT.
24:36 - SOME TYPES OF ANTI
24:38 - COMPETITIVE BEHAVIOR OR FOR
24:40 - HUMAN RESET FAR AS TO SAY THAT
24:42 - UNDER NO CIRCUMSTANCES CAN
24:44 - THE STATUTE
24:45 - REACH THOSE. IT DOES YOUR HONOR
24:48 - BECAUSE THE CONSUMER PROTECTION
24:50 - STATUTE AND THE GENERAL
24:51 - ASSEMBLY'S INTENT IN AN ACTING.
24:53 - >>WAS NOT
24:54 - TO REACH ANY CONDUCT THAT WOULD
24:57 - AFFECT COMPETITION
24:58 - FOR MARKETS. THE STATUE IS
25:00 - BEREFT OF ANY STANDARD THE
25:03 - TRIAL COURT WOULD APPLY IN THE
25:05 - FUTURE TO DECIDE WHETHER THE
25:07 - ALLEGED CONDUCT. WHAT SEEMS
25:09 - ACTIONABLE UNDER ONE OF THE 21
25:11 - SOME FLAWS AND THIS STATUE.
25:13 - SO FOR EXAMPLE IN
25:14 - THIS CASE. THERE'S AN ALLEGED
25:16 - JOINT VENTURE BETWEEN GET
25:18 - COMMENTS.
25:19 - AND IT'S NOTEWORTHY THAT THAT'S
25:21 - THE ONLY ISSUE
25:23 - IT'S NOT AND THAT'S NOT BEFORE
25:25 - THE COURT AND THAT IS THE
25:26 - COMMONWEALTH COURT FOUND.
25:28 - THE JOINT VENTURE IS NOT PER SE
25:30 - A LAWFUL. SO HERE WHAT HE WOULD
25:32 - HAVE IT IS THE REMAINING COUNT
25:35 - AND COUNT 4.
25:36 - THIS SEEMS TO MAKE ACTIONABLE
25:38 - THE FAILURE TO DISCLOSE THE
25:40 - JOINT VENTURE THAT WAS NOT IN
25:42 - FACT UNLAWFUL. SO
25:44 - THE THE ANSWER TO YOUR QUESTION
25:46 - IS YES, THIS IS NOT A.
25:48 - ANTITRUST STATUTE AND IF THE
25:50 - GENERAL ASSEMBLY WANTS TO ENACT
25:52 - AN ANTITRUST STATUTE HAS THAT
25:53 - OPPORTUNITY IS 26 TIMES IT'S
25:55 - CONSIDERED IT AND DECIDED NOT
25:57 - TO AND THE ATTORNEY GENERAL
26:00 - CANNOT CONVERT THIS CONSUMER
26:01 - PROTECTION STATUTE INTO A
26:03 - GENERAL BUSINESS ANTITRUST.
26:06 - THANK YOU.
26:07 - >>I GOT MONDAY. I HAVE NO
26:10 - QUESTIONS AT THIS TIME, THANK
26:12 - YOU.
26:19 - WE NOW HAVE THE ISSUE OF TIME
26:21 - REMAINING SO I JUST ISSA AND
26:25 - THERE YOU HAVE ANY QUESTION YOU
26:26 - THAT MR. OR.
26:34 - >>JUST DESPAIR YOU'RE ON YOU.
26:39 - YOU
26:39 - HEAR ME.
26:40 - YES.
26:41 - >>I APOLOGIZE. I WAS TOLD MY
26:43 - PAPER RATTLING WAS HACKED SO
26:46 - THANK YOU JUSTICE ON IT.
26:47 - MISTER BRIER THE ME IN MAKING
26:50 - YOUR OPENING PRESENTATION THAT
26:52 - I DISCERN AN ATTEMPT TO
26:53 - DISTINGUISH BETWEEN A SELLER
26:56 - AND A CONSUMER UNDER THE
26:57 - STATUTE.
26:59 - >>YES AND.
27:00 - >>WELL AVERAGE ON THAT.
27:02 - >>YEAH AND SOON CONSUMERS
27:04 - ARE PURCHASERS. CONSUMERS ARE
27:06 - PERSONS WHO ARE ENGAGED IN
27:08 - TRANSACTIONS WITH THE CONTAIN
27:10 - VALUE. HE WAS ALERT. THE
27:12 - SELLERS ARE OR NOT.
27:15 - THE SOONERS.
27:16 - >>LET ME LET ME I I UNDERSTAND
27:18 - OUT ON MISSIONS BEFORE LET ME
27:19 - ASK A DIFFERENT QUESTION.
27:21 - MY MY SCANT TIME AGAIN IN YOUR
27:23 - OPENING YOU DISCUSSED THE
27:26 - UNDERLYING LEGISLATIVE INTENT
27:28 - WAS TO EQUALIZE THE BALANCE
27:31 - OF POWER BETWEEN
27:34 - A SELLER.
27:36 - >>AMERICANS IN A CONSUMER.
27:40 - >>THAT IT IN NO WE DISCUSS THIS
27:42 - A LITTLE BIT WITH IF JOHN MR.
27:44 - KOSEN.
27:46 - >>IT IN THE REAL WORLD WHERE.
27:50 - >>AYERS SAID SHE'S
27:51 - YOUR CLIENT REALLY HOLD ALL THE
27:54 - ECONOMICS WAY LET'S GET TO THIS
27:56 - MALL OWNERS. I PARTICULARLY
27:58 - GIVEN YOUR JOINT VENTURE
28:00 - WHICH SCHOOLS REGARDLESS OF
28:01 - WHAT IT WAS ACTIONABLE OR NOT
28:03 - WAS
28:03 - ANTI COMPETITIVE, DOESN'T IT
28:05 - MAKE SENSE THAT THE LEGISLATURE
28:07 - OF INTENT. IF YOU READ
28:09 - THE STATUTE WOULD BE TO GIVE
28:11 - SOME PROTECTION TO SELLERS
28:15 - WHO ARE.
28:16 - >>IN THE
28:17 - D E.
28:19 - >>UPON PARTY IN THESE
28:20 - TRANSACTIONS.
28:22 - >>RESPECTFULLY
28:22 - JUSTICE SPIRIT DOESN'T AND I
28:24 - WANT TO POINT OUT SOMETHING
28:25 - THAT'S VERY IMPORTANT IN THE
28:26 - SECOND AMENDED COMPLAINT IN
28:28 - THIS ISN'T THE REPRODUCED
28:29 - RECORDED PAGES TO 1009 1010.
28:34 - THE ATTORNEY GENERAL IN FACT
28:36 - ALLEGES THEN MANY LANDOWNERS
28:38 - NEGOTIATED QUOTE UNQUOTE
28:40 - HARD BARGAINS. NOW TELL ITS
28:43 - REVISED LEASE TERMS BASED ON
28:45 - INSISTING. DEMANDS MOST OF THE
28:48 - LANDOWNERS AND
28:50 - IN FACT THE REALITY IS TO
28:53 - LANDOWNERS CONSIST OF ALL KINDS
28:55 - OF PEOPLE
28:56 - THERE ARE VERY SIGNIFICANT
28:58 - CORPORATE ENTITIES THAT OWN
28:59 - SIGNIFICANT AMOUNTS
29:00 - OF LAND. LATER THEY GOT
29:02 - TOGETHER AND POINT GROUPS AND
29:04 - HIRED LAWYERS. SO THE NARRATIVE
29:06 - THAT HAS EVOLVED THAT THIS IS
29:07 - SOME RELATIONSHIP
29:09 - THAT IS DISPARATE IS NOT
29:12 - SUPPORTED BY THE SECOND AMENDED
29:13 - COMPLAINT WHICH TROOPS WHICH
29:14 - ALLEGES THAT THE LANDOWNERS IN
29:16 - FACT IN DEMAND AND INSISTED ON
29:19 - TERMS AND THE REALITY IN
29:21 - THE MARKET. AND SECONDLY IT'S
29:23 - IT'S NOT SUPPORTED BECAUSE
29:25 - THAT'S AND THAT'S A DECISION
29:26 - FOR THE GENERAL ASSEMBLY
29:27 - SURFACE THE GENERAL ASSEMBLY'S
29:30 - DEFINITION OF TRADE
29:31 - AND COMMERCE. IT'S FOCUSED ON
29:33 - CONDUCT THAT SELLERS
29:34 - ENGAGE IN. IF YOU WANTED TO
29:37 - WRITE A STATUE TO PROTECTED.
29:39 - THE MORE. THE PARTY THAT DIDN'T
29:41 - HAVE AS MUCH
29:42 - BARGAINING POWER. IT COULD HAVE
29:44 - ENDED VERY DIFFERENTLY TO SAY
29:46 - TRAINING CAMP, THIS MEANS ANY
29:47 - TRANSACTION THE TRANSFER OF
29:49 - MONEY AND THAT WOULD BE LOOKING
29:51 - AT IN EVERY INSTANCE WHO HAD
29:53 - THE PARTY IN POWER
29:55 - SO IT'S NOT SUPPORTED BY THE
29:56 - SECOND MAN TO COMPLAIN, IT'S
29:58 - NOT SUPPORTED BY PLANE TURN
30:00 - COMMERCE. THANK YOU. THANK YOU
30:02 - JUSTICE TIED.
30:04 - >>YES, THANK YOU CHIEF JUSTICE.
30:06 - MISTER
30:07 - PRYOR IN A LOT TO A LINE OF
30:10 - QUESTIONING THAT JUSTICE TANI
30:12 - HE PURSUED IT'S JUST THEY'RE
30:15 - FOLLOWING UP ON AS WELL.
30:17 - IN ORDER FOR US. IN CONSTRUE
30:20 - ING THE STATUTE.
30:22 - 2 IN REGARD TO THE
30:25 - ECONOMIC REALITY WHAT'S REALLY
30:27 - GOING ON OUT HERE
30:29 - IN IN SOME OF YOU.
30:33 - DON'T WE NEED TO GO BEYOND THE
30:35 - PLAIN LANGUAGE OF
30:36 - THE STEP TO AND I DOVE INTO
30:39 - SYRIA.
30:41 - >>YOUR
30:41 - HONOR THIS. WE MUCH CASE LAW
30:44 - THAT SAYS THE COURT
30:45 - SHOULD NOT IN NORTHERN PLAIN
30:47 - TEXT OF THE STATUTE TO PURSUE
30:49 - ITS SPIRIT. THIS STATUTE IS
30:52 - CLEAR IS INTENDED TO
30:55 - PROTECT CONSUMERS. THE FACT
30:57 - THAT THIS IS A CASE OF FIRST
30:58 - IMPRESSION INVOLVING
30:59 - GAS LEASES DOESN'T CHANGE THE
31:01 - METAL OBJECT THE STATUTE IS TO
31:03 - PROTECT CONSUMERS IN
31:04 - THE COMMONWEALTH HAS SAID ON
31:07 - THE RECORD AND HAS NEVER
31:08 - WAVERED FROM THIS.
31:09 - THIS IS A PAGE 2759 OF THE
31:11 - WRECKAGE. THE LANDOWNERS ARE
31:13 - SELLERS.
31:15 - THEY ARE NOT PURCHASES. I DON'T
31:17 - THINK
31:17 - YOU CAN ONLY ON THE PLAIN TEXT
31:19 - OF THE STATUTE, THE CONTROL
31:20 - THEY WANT TO MAKE ONE OF THE
31:21 - 3 POINT. THESE LANDOWNERS ARE
31:24 - NOT WITHOUT RELIEF.
31:26 - THERE IS A CLASS ACTION
31:27 - SETTLEMENT AND EASY FOR ME IN
31:29 - THE
31:29 - MIDDLE DISTRICT. BRIGHT LIGHT
31:31 - IS VERY PEOPLE THINK THIS
31:32 - COUNCIL THAT WAS A PRELIMINARY
31:34 - APPROVAL BY THE TRIAL COURT.
31:36 - SO THEY KNOW HOW TO GET AT
31:37 - LEAST IN THE U.S. IT'S SOON IN
31:39 - CONTRACT SAYING THAT OUR
31:41 - CLIENTS TO PALETTE IN ACTING
31:43 - UNDER THE CONTRACT.
31:45 - SO THIS COURT REVERSES AS THEY
31:47 - ARE DUE
31:47 - TO DO THE HEALTH OF THE
31:50 - LANDOWNERS ARE NOT WITHOUT WE
31:52 - THERE'S THERE IS BEFORE THE
31:53 - COURT A PRELIMINARY APPROACH 7.
31:55 - >>THANK
31:56 - YOU COUNT.
31:57 - >>MISTER BROWER WORK THAT COULD
31:59 - WORK IF YOU WOULD LIKE TO SAY A
32:01 - WORD OR 2.
32:02 - AND BY WAY OF SUMMATION WILL
32:04 - THAT TURN TO THE COMMONWEALTH
32:06 - THAT FOLEY.
32:08 - >>THANK YOU CHIEF JUSTICE
32:08 - TAYLOR IN CLOSING I WANT TO
32:10 - THANK THE COURT FOR
32:11 - FACILITATING THIS VIDEO
32:12 - ARGUMENT DID SOMETHING THAT A
32:13 - CRITICALLY IMPORTANT ISSUE TO
32:15 - EVERYBODY.
32:16 - THE SECOND QUESTION
32:17 - INVOLVING IN A TRUST IS
32:19 - CONTROLLED BY THE FIRST
32:20 - QUESTION IF THIS COURT AGREES
32:22 - WITH ME THAT THE STATUE IS NOT
32:24 - INTENDED TO AND DOES NOT
32:25 - PROTECT SELLERS.
32:29 - THE ISSUE IS
32:30 - VERY SIMPLE. THE ATTORNEY
32:32 - GENERAL'S ONLY HAS THE
32:34 - AUTHORITY GRANTED TO HIM BY THE
32:36 - GENERAL ASSEMBLY HE HAD NO
32:37 - GENERAL
32:38 - POLICE SUMMARY. HE HAS NO
32:40 - NUMBER OF THE WRITINGS TO
32:42 - PURSUE WHAT HE BELIEVES TO BE
32:44 - ACTIONABLE AND LACI WAS AN
32:47 - ACCORD WITH THE STATUE ANY CAN
32:49 - ONLY PURSUE CLAIMS THAT THE
32:51 - CURRENT RATE IN COMMERCE AND
32:53 - HE'S DOWN. CALDWELL CONTENDS
32:55 - THAT THE TRIAL COURT JUDGE
32:56 - BROWN WAS VERY SKEPTICAL THAT
32:58 - THE ATTORNEY GENERAL'S EFFORT.
33:00 - THIS ONE IN CONSUMER PROTECTION
33:02 - STATUTES. HE SHOULDN'T TRUST
33:04 - IS SKEPTICISM. JUST JUDGE KOBE
33:08 - AND I THINK A BRILLIANT DESCENT
33:10 - GOT IT RIGHT. I RESPECTFULLY
33:13 - ASK THIS COURT TO REVERSE
33:16 - BECOME WELL COURT AND TO REMAIN
33:19 - IN THE MATTER
33:23 - TEXANS
33:24 - TO SAY. I AGAIN THANK YOU FOR
33:26 - YOUR TIME IS MUCH APPRECIATED
33:28 - THANK YOU BERKE THANK YOU
33:29 - MISTER COUSINS NOW OUT HERE FOR
33:31 - THAT.
33:36 - >>MAY IT PLEASE
33:37 - THE COURT. MY NAME IS OUR TOP
33:39 - COURT. I'M A SENIOR DEPUTY
33:41 - ATTORNEY GENERAL. I REPRESENT
33:43 - THE COMMONWEALTH. THE
33:45 - COMMONWEALTH MAINTAINS THAT
33:47 - CHESAPEAKE IN ANADARKO
33:49 - THE VIOLATED UNFAIR TRADE
33:51 - PRACTICES AND CONSUMER
33:53 - PROTECTION LAW IN 2 WAYS.
33:56 - FIRST, THEY HAVE ACTED
33:58 - DECEPTIVELY BY INDUCED
34:00 - LANDOWNERS TO ENTER INTO WILL
34:02 - AND GAS LEASES BUT THEN REDUCE
34:04 - THE AMOUNT OF
34:06 - ROYALTIES PROMISED HE'S BEEN
34:08 - MISREPRESENTED IT WAS
34:10 - PROTECTION. BUT WHOSE
34:11 - PRODUCTION COSTS. SECOND.
34:14 - THEY HAVE ACTED UNFAIRLY.
34:16 - ENTERING THE MARKET ALLOCATION
34:18 - AGREEMENT WHO WATCHED
34:19 - DIMINISHED COMPETITION AND
34:21 - THEREBY LOWERED THE MARKET
34:22 - RATE. THE BONUS PAYMENTS AND
34:25 - ROOKIE RATES.
34:27 - CHESAPEAKE ANY IN A DARK HIS
34:28 - DEFENSE TODAY IS NOT THAT THEY
34:30 - DIDN'T ENGAGE. THAT IS A TEASE.
34:33 - INSTEAD, THEY ARGUE THAT THEY
34:35 - CAN NOT BE LIABLE. UNDER THE
34:37 - LAW BECAUSE THEY ARE NOT ENGAGE
34:40 - IN TRADE IN COMMERCE. AND I'M
34:41 - NOT SO WEEKS GOODS OR SERVICES.
34:45 - DESPITE
34:46 - THEIR PROTESTS. THERE'S NO REAL
34:48 - DOUBT THIS SECURING LEASES THE
34:50 - PRODUCTION OF NATURAL GAS AS A
34:52 - BUSINESS ACTIVITY WHICH
34:54 - CONSTITUTES TRADE AND COMMERCE
34:56 - SECTION 2 OF THE LAW DEFINES
34:58 - THEY DIDN'T COMMERCE BROADLY
35:00 - RESTRICTING ITS JOB WOULD
35:02 - DIMINISH THE RATES.
35:03 - PENNSYLVANIANS IN A MANNER
35:05 - WHICH IS CONTRARY. THE GENERAL
35:07 - ASSEMBLY'S INTENT IN ENACTING
35:09 - THE LAW. CHESAPEAKE
35:13 - WELL ACTUALLY RESTS ON
35:14 - THEIR POSITION THAT ONLY
35:15 - SELLERS OF GOODS AND SERVICES
35:17 - THEY BE LIABLE UNDER THE LAW O
35:20 - WEATHER. THIS IS SIMPLY NOT
35:21 - TRUE SECTION 7, 9.2 PROVIDE FOR
35:25 - PRIVATE ACTIONS
35:27 - AGAIN SELLERS. THEY DO NOT
35:29 - IMPOSE GENERAL LIMITATIONS ON
35:31 - THE DEFINITION OF TRADE AND
35:32 - COMMERCE OTHER PARTS OF THE
35:34 - LAW. THIS IS A PUBLIC ACTION BY
35:38 - THE ATTORNEY GENERAL UNDER
35:39 - SECTION 4. HE'S UNDER
35:42 - SECTION 4 ARE NOT LINKED
35:44 - TO SELLERS AND MAY BE BROUGHT
35:46 - AGAINST ANY PERSON ENGAGED
35:48 - IN UNFAIR AND DECEPTIVE TRADE
35:50 - PRACTICES. AS FOR THE
35:52 - SECOND ISSUE CHESAPEAKE
35:54 - IN ANADARKO MAINTAIN THAT ANY
35:57 - COMPETITIVE BEHAVIOR. HE DID BY
35:59 - FEDERAL IN-STATE ANTI-TRUST LAW
36:02 - AND NOT BE THE BASIS OF A
36:04 - SEPARATE CAUSE OF ACTION UNDER
36:05 - THE LAW.
36:07 - HOWEVER THE COURT SHOULD LOOK
36:08 - TO WHETHER THERE IS A VIOLATION
36:10 - OF OF THE LAW BUT WHETHER
36:12 - SUCH VIOLATION WOULD ALSO
36:14 - CONSTITUTE AN ANTI-TRUST
36:16 - VIOLATIONS. IT IS THE COMMON
36:18 - WAS POSITION AND ACTIONS WHICH
36:20 - CONSTITUTE SEPARATE VIOLATIONS
36:22 - OF ANY TRUST LOW ARE ALSO
36:24 - ENCOMPASS BY AND MAY PROVIDE
36:26 - FOR BECAUSE OF ACTION UNDER THE
36:28 - UNFAIR TRADE PRACTICES AND
36:30 - CONSUMER PROTECTION LAW.
36:32 - FOR THESE REASONS THE DECISION
36:34 - OF THE COMMONWEALTH COURT
36:36 - SHOULD BE AFFIRMED.
36:38 - THANK YOU JUSTICE TIME HERE.
36:42 - >>I CAN
36:43 - SO I'M GOING TO FOLLOW UP BY
36:44 - MY EYE EARLIER QUESTION ARE
36:47 - REGARDING THE ECONOMIC REALITY
36:49 - OF THIS TRANSACTION IN I'M
36:51 - LOOKING FOR REPRIEVE FROM
36:52 - SOMEONE THAT HE IS IN SURGERY.
36:55 - ANALYSIS SO LET ME ASK YOU
36:58 - WHY EYES THE
37:01 - ATTORNEY GENERAL NOT TAKEN
37:04 - THAT POSITION THAT THE
37:06 - ECONOMIC REALITY OF THIS
37:07 - TRANSACTION IS HAPPY GAS.
37:09 - IT'S TRACTORS ARE SELLING THEIR
37:12 - SERVICES AS GAS EXTRACTOR.
37:17 - >>THAT IS A THEORY
37:19 - WHICH WE HAVE THOUGHT OF BUT.
37:22 - WE HAVE OUR POSITION IS IF YOU
37:24 - LOOK AT THE MEANING OF TRADE
37:25 - AND COMMERCE THE DEFINITION
37:28 - UNDERSTAND THAT COUNCIL AND IF
37:29 - YOUR ANSWER IS.
37:31 - >>YOU'RE TRYING TO GET
37:32 - THE BROADEST POSSIBLE
37:34 - INTERPRETATION ON FROM THIS
37:36 - COURT.
37:38 - >>I HAS TO
37:39 - BE HOT. I SCOPE OF THIS APP AND
37:42 - TO ME THAT'S 9 O WE GETTING
37:44 - THAT RESPONSE. JUST FOR THE
37:47 - SAKE OF DISCUSSION.
37:48 - I BET WE CONCLUDE THAT THE
37:50 - PARAMETERS OF
37:51 - THE STAFF OUR STEPS FOR NEARLY
37:54 - CLEARLY IN TERMS OF THEIR
37:56 - PROTECTION WORRIED THEIR
37:57 - CONSUMER OR CONSUMERS AND.
38:00 - >>I THE DICHOTOMY BETWEEN
38:01 - BUYERS AND SELLERS. THE
38:03 - NECKLINE TAX.
38:06 - SHOULD WE LOOK TO
38:08 - THE ECONOMIC REALITY OF A
38:10 - TRANSACTION TO DETERMINE
38:12 - WHETHER
38:12 - OR NOT HERE FOR EXAMPLE, THERE
38:15 - IS IN FACT THE SALE OF SERVICES
38:18 - THAT THESE TAKING PLACE BY THE
38:20 - GAS SECTORS.
38:22 - I SINK.
38:24 - >>THE TRANSACTION COULD BE
38:25 - VIEWED THAT WAY I WOULD PUSH
38:27 - BACK A LITTLE BIT THAT THIS
38:30 - ACTION IS BROUGHT UNDER SECTION
38:32 - 4 IN THE
38:33 - PUBLIC INTEREST BY THE ATTORNEY
38:35 - GENERAL WHICH IS BROADER THEN
38:38 - SECTION 9.2. WARY SPECIFICALLY
38:41 - TALKS ABOUT SELLERS.
38:45 - >>THANK YOU JUSTICE DAUGHERTY.
38:52 - IT'S THE START OF THE YEAR AND
38:53 - YOU GET DOWN.
38:54 - THANK YOU, THANK YOU COUNCIL
38:56 - AND THE QUESTION WHY SAID
38:58 - THEY'RE A FAILED ATTEMPT AT
38:59 - LEAST 24 TIMES BY THE GENERAL
39:01 - STANLEY THE PASS AND THEN TRY
39:03 - IT.
39:03 - STATUTE SHOULD WE PERMIT YOU TO
39:06 - DO WITH THE GENERAL ASSEMBLY
39:07 - HAS NOT INTEND TO PURSUE ITS
39:09 - STATUTORY INTERPRETATION.
39:11 - I AM EATING YOU EXPLAIN UNDER
39:15 - THE UNFAIR TRADE.
39:16 - >>SO OUR POSITION IS THAT
39:19 - THE LAW COVERS UNFAIR AND
39:22 - DECEPTIVE PRACTICES WHICH MAY
39:25 - OR MAY NOT ALSO FALL.
39:28 - INDEED TRUST CONTACTS YOU COULD
39:30 - ALSO. I
39:32 - ACTUALLY THAT THE GENERAL
39:34 - ASSEMBLY SO THE BROAD REACH OF
39:37 - THE CONSUMER PROTECTION LAW AND
39:39 - SAID.
39:40 - >>YOU DON'T NEED. AN ADDITIONAL
39:43 - ANY TRUST STATUE. IF
39:45 - THIS BEHAVIOR IS LARGELY
39:48 - COVERED BY THE CONSUMER
39:49 - PROTECTION LAW ANYWAY.
39:53 - I THINK THAT'S
39:54 - IS REASONABLE AN INTERPRETATION
39:56 - OF THE LEGISLATURE'S ACTIONS
39:58 - AND I THINK IT'S 8TH THIS
40:00 - BECAUSE THE LEGISLATURE
40:01 - DID NOT PASS THE NAVY CROSS LAW
40:03 - THAT THAT SOMEHOW LIMITS THE
40:05 - SCOPE OF THE CONSUMER
40:06 - PROTECTION.
40:10 - >>VENTURES IN IT APPEARS THAT
40:13 - YOU'RE BACK ON
40:13 - THIS MATTER AS THE 2 BUSINESSES
40:16 - OPERATING TOGETHER. WHAT'S
40:18 - WRONG WITH THAT.
40:22 - >>ONLY DOES THAT
40:23 - THE IF THE OWNERS WERE NOT
40:25 - INFORMED THAT THEY WERE.
40:28 - THE 2 COMPANIES WE'RE DIVIDING
40:30 - UP THE TERROR WORRY AND IF
40:32 - WE'RE ARTIFICIALLY LOWERING.
40:35 - THE PRICE WHICH MEANS THIS
40:36 - COULD GET. HERE LEASES FURTHER
40:39 - FOR THAT. WE'LL HAVE
40:41 - A STRETCH.
40:42 - >>IS THERE ANY MORE DECEPTIVE
40:44 - AND BUSINESSES HAVING SOME WAS
40:46 - FILLED WITH
40:46 - GARY'S AT AND THERE'S ONE MONEY
40:49 - IS GOING THROUGH THE PIPELINE
40:50 - TO OTHER BUSINESS.
40:53 - >>I'M SO I COULD HEAR THE LESS
40:54 - FOR YOUR QUESTION.
40:56 - >>THE QUESTION I HAD WAS
40:58 - SO IT IN THE FORM OF BUSINESS
41:00 - ITS SUBSIDIARY OF A BUSINESS TO
41:02 - DO BUSINESS READ AND SOMEHOW
41:04 - THE MONEY
41:05 - IS BEING SHARED BETWEEN
41:07 - DIFFERENT INDIVIDUALS WITHOUT
41:09 - YOUR KNOWLEDGE OR AS
41:11 - THE CONSUMER IS THAT ALSO
41:13 - DECEPTIVE.
41:16 - >>I GUESS IT WOULD DEPEND ON
41:17 - THE FACTS IN THIS CASE WE'RE
41:19 - DEALING WITH THE SECOND AMENDED
41:21 - COMPLAINT. THE COMMONWEALTH
41:23 - AS ALLEGED THAT THE TACTICS
41:25 - WERE DECEPTIVE. IT'S NOT THE
41:28 - QUESTION BEFORE THE COURT.
41:29 - WHETHER THAT'S TRUE OR NOT.
41:31 - >>AND WHAT ONCE THE SEPT THAT
41:32 - WHAT ARE YOU SHARING THAT THEY
41:34 - BURN THE JOINT VENTURE WITHOUT
41:36 - DARING WITH THEIR. LANDA.
41:41 - >>YES, THAT'S THAT'S LARGELY
41:43 - IT.
41:45 - >>AND AGAIN I ASK YOU
41:47 - WHAT WAS DECEPTIVE ABOUT THAT
41:48 - JUST THE FACT THAT THEY DIDN'T
41:50 - SAY THAT THEY WERE IN A JOINT
41:51 - VENTURE.
41:53 - >>WELL THEY DID IN. THEY DIDN'T
41:55 - DISCLOSE THAT. THE LAND OWNERS
41:58 - MIGHT HAVE BEEN ABLE TO GET A
41:59 - HIGHER PRICE AND THEN EXACTLY
42:00 - MORE. PETITION FOR WHAT THEY
42:03 - WERE WERE SOWN.
42:04 - >>BUT THAT THE INCOME THE BOND
42:06 - THE LANDOWNER TO RING
42:08 - WHY ARE AS TO THE BEARS WE KNOW
42:10 - THAT BURNED MORE THAN 2
42:11 - BUSINESSES. EXTRACTING
42:14 - MARCELLUS SHALE.
42:16 - >>SO IT'S IT'S OUR POSITION
42:18 - THAT IT VIOLATES THE CONSUMER
42:22 - PROTECTION LAW.
42:24 - IT'S A DECEPTIVE TRADE
42:25 - PRACTICE.
42:28 - >>YOU'RE NOT LYING PREMISES
42:29 - THAT THE LANDOWNER IS IGNORANT
42:31 - AS TO WHAT THEY'RE DOING WITH
42:32 - THEIR LAND.
42:37 - >>THEY WOULD BE IGNORANT NO
42:38 - MATTER HOW SOPHISTICATED THEY
42:40 - OR REGARDING THE
42:42 - CONTRACTUAL RELATION. SHIPS THE
42:44 - QUEEN CHESAPEAKE IN ECUADOR TO.
42:47 - >>WELL IF YOU'RE SAYING A
42:48 - CONTRACTUAL RELATIONSHIP WHY
42:50 - WOULD IN THE REMEDY. THE BREACH
42:52 - OF CONTRACT AS OPPOSED TO NO
42:53 - UNFAIR TRADE PRACTICE FOR
42:55 - ANTITRUST.
42:59 - >>THE COMMONWEALTH BELIEVE THAT
43:00 - THIS WAS A WIDESPREAD
43:03 - PRACTICE AFFECTING THE PUBLIC.
43:05 - AND SO THE
43:06 - COMMONWEALTH'S REMEDY SOUZA
43:09 - CONSUMER
43:09 - PROTECTION LAW.
43:10 - >>THAT DOES NOT CARRY A GUN AND
43:11 - FINALLY HOW MANY LAND OWNERS.
43:13 - WE'RE FACT THAT WHEN YOU CALL
43:14 - THIS WIDESPREAD.
43:17 - IT'S INCUMBENT DON'T REMEMBER.
43:24 - MAYBE A DOCTOR THAT I CAN TELL
43:26 - YOU THAT. FOR NOW
43:27 - THANK YOU. THAT'S CORRECT.
43:30 - THANK YOU JUSTICE. MR. GOOD
43:32 - MORNING. MISTER OCCURRED.
43:35 - >>WOULD YOU AGREE WITH ME THAT
43:37 - THE GENERAL ASSEMBLY HAS THE
43:38 - POWER
43:40 - TO YOU TRADE IN COMMERCE
43:42 - WHATEVER DEFINITION IT CHOOSES
43:44 - AND IN FACT FOR EXAMPLE TO
43:45 - EXCLUDE. AYERS HAS US HERE.
43:49 - OR YOUR POSITION THAT NOAH
43:51 - WEBSTER GETS THE CALL.
43:54 - >>IT HAS THE POWER AND I DIDN'T
43:55 - HEAR THE LAST. WHERE THAT
43:57 - SECOND QUESTION.
43:59 - >>WE DON'T GO TO KNOW WEBSTER
44:00 - IF THE GENERAL ASSEMBLY DEFINED
44:02 - IT RIGHT. YOU REALLY.
44:08 - I'M INTERESTED IN
44:09 - YOUR VIEW OF THE INTERACTION OF
44:10 - THE 2 CAUSES
44:11 - WITH IT. WHEN WE READ THIS
44:14 - DEFINITION OF TRADE AND
44:15 - COMMERCE.
44:17 - TO SAY THAT THE GENERAL
44:19 - ASSEMBLY WANTS US TO GIVE A
44:20 - DIFFERENT DEFINITION OF TRADE
44:23 - AND COMMERCE WHEN IT AFFECTS
44:24 - PENNSYLVANIANS. A 1000.
44:29 - I THINK IT'S A.
44:33 - IT'S
44:34 - A GENERAL.
44:39 - ENLARGEMENT OF
44:40 - THE MEANING OF THE FIRST IT WAS
44:43 - AND I THINK INDEED AN IN.
44:46 - THE FACT
44:47 - THAT THE PLAINTIFF WAS AN OUT
44:49 - OF STATE RESIDENTS. HERNDON 2.
44:53 - HOW YOU IT SLICED
44:55 - UTAH RECONSTRUCTION TO THE
44:57 - SECOND CAUSE.
44:59 - >>THAT IN DOES THAT MEAN MR.
45:00 - PARKER DOES THAT
45:03 - MEAN THAT IT'S A TAIL WAG THE
45:05 - DOG STUNT RATION WHERE
45:08 - SECOND CLAUSE IS THE GENERAL
45:10 - ASSEMBLY TELLING US OH NEVER
45:12 - MIND DISREGARD OR FIRST CLAUSE.
45:15 - IT'S JUST EVERYTHING.
45:18 - >>WELL I I DON'T KNOW THAT IT'S
45:20 - EVERYTHING BUT IT CERTAINLY.
45:22 - IT'S IF IT DOESN'T MEAN
45:23 - ANYTHING THEN WHY DID THE
45:26 - LEGISLATURE DO IT WITH THAT
45:28 - LANGUAGE AND ALSO I
45:30 - WOULD ALSO DOUBLE BUT I CAN SAY
45:32 - ARE AN INITIAL POSITION IS THAT
45:35 - THE FIRST WAS COVERS THIS THAT
45:37 - WE'RE TALKING ABOUT THE SALE
45:39 - WHICH IS TRADE AND COMMERCE AND
45:42 - SO THAT'S A SPECIFIC ACTIVITY
45:44 - AND WHETHER SOME SELLER OR A
45:46 - BUYER. IT'S NOT WHERE ONCE YOU
45:48 - SAY. THIS IS TREATED IN
45:50 - COMMERCE.
45:54 - >>SO IS YOUR POSITION THEN THAT
45:55 - STATUTE IS AMBIGUOUS OR NOT IN
45:57 - BIG BUCKS.
46:01 - WELL I THINK.
46:04 - THE SECOND CLAUSE AS SOME
46:06 - IN BIG.
46:07 - >>BUT THEN GIVEN. IT
46:10 - WAS TRADITIONAL LIBERAL
46:12 - INTERPRETATION OF THAT ACT
46:14 - THAT'S LOW SHOULD BE
46:15 - INTERPRETED WHAT CONTENT.
46:19 - >>BUT WOULD YOU AGREE
46:20 - THAT YOU COULDN'T MAKE YOUR
46:22 - CASE TO THE GENERAL ASSEMBLY
46:24 - RATHER THAN TO US.
46:29 - WE CERTAINLY.
46:31 - COULD MAKE THEIR CASE WE
46:33 - KNOW THING WE NEED TO BECAUSE
46:35 - WE THINK.
46:37 - THIS ACTIVITY QUALIFIES UNDER
46:38 - THE
46:39 - EXISTING LANGUAGE. LAST LAST
46:40 - QUESTION ON IT'S A FOLLOW-UP TO
46:42 - SOMETHING OPPOSING COUNSEL
46:45 - MENTIONED.
46:48 - WELL IF YOU
46:48 - PREVAIL HERE WHAT'S TO STOP
46:51 - DISTRICT ATTORNEYS AROUND THE
46:52 - COMMONWEALTH. FROM WIELDING
46:54 - THIS STATUTE IS A SWORD.
46:56 - IN ANY BUSINESS TRANSACTION ALL
47:00 - THAT ARE NOT FOND OF.
47:05 - IT'S
47:06 - JUST A AN ORDINARY BREACH OF
47:08 - CONTRACT. A SITUATION THAT
47:11 - DOESN'T NECESSARILY MAKE IT AND
47:14 - UNFAIR AND DECEPTIVE TRIP.
47:16 - THIS THIS YOU CAN TRACK
47:18 - TO PRODUCE. 1000 WIDGETS FOR
47:21 - SOMEBODY. IF YOU FALL SHORT
47:24 - THAT DOESN'T I MEAN IF YOU WERE
47:26 - TO SEPT IS IN WHAT YOU DID.
47:28 - AND THOUGH FOR EVERYTHING WOULD
47:30 - BE TO WHEN THE BREACH OF
47:31 - CONTRACT ACTION TO. YOU KNOW
47:34 - JANE WHAT YOU LOST. THIS IS
47:36 - THAT MAKES ANY SENSE.
47:40 - THANK YOU MISTER THIS
47:43 - IS MONEY. I HAVE
47:46 - NO QUESTION. RIGHT NOW
47:47 - THANK YOU. OK, LET'S DROP KIRK
47:50 - YOU KNOW PRESENTED DOWN LOW.
47:54 - AND THEY
47:55 - END UP. DESPITE THE QUESTION
47:58 - FIRST. YOU CAN SHOW THE COURT.
48:01 - AS TO PETER IS THE CASE IS WELL
48:03 - AWARE THE LEFT.
48:05 - TRADE ISSUES. SO IF YOU HAD A
48:07 - WORD TO HIM. WHERE'S THE NATION
48:09 - WOULD APPRECIATE THAT. THANK
48:12 - YOU YOUR HONOR. THE THE UNFAIR
48:14 - TRADE PRACTICES AND CONSUMER
48:16 - PROTECTION MORE WAS ENACTED BY
48:18 - THE LEGISLATURE TO PROTECT THE
48:20 - CITIZENS OF FANS GETTING FROM
48:22 - UNFAIR AND DECEPTIVE PRACTICES
48:24 - IN THE MARKETPLACE CHESAPEAKE
48:27 - IN ANADARKO THROUGH THIS
48:28 - LAWSUIT WOULD LIMIT THE SCOPE
48:30 - OF THE LAW. SO THAT IT WOULD
48:31 - SERVE ONLY IT'S A CONSUMER
48:33 - PROTECTION LAW WITH LIMITED
48:35 - AUTHORITY AGAIN SELLERS AND
48:37 - THEY SENT OTHER KIND OF
48:39 - COMPLETELY WHICH CONSTITUTES IN
48:41 - UNFAIR AND DECEPTIVE TRADE
48:43 - PRACTICE. CHESAPEAKE IN
48:44 - ANADARKO LARGELY NEGATED THE
48:47 - AUTHORITY. YOU KNOW TO BRING
48:50 - ACTIONS IN THE PUBLIC INTEREST
48:52 - TO PREVENT BUSINESSES. I MEAN
48:54 - GAUGING IN AN SEAR AND JUST WHO
48:56 - TRADE PRACTICES. THEIR POSITION
48:58 - IS CONTRARY NOT ONLY THE
49:00 - STATUTORY LANGUAGE OF THE LAW
49:02 - BUT THE LIBERAL INTERPRETATION
49:04 - WHICH HAS BEEN GIVEN THE LAW BY
49:06 - THIS COURT FOR THE PAST 50
49:08 - YEARS. CHESAPEAKE IN ANADARKO
49:11 - HAS TURNED UP AS ALLEGED.
49:13 - SHE'S AS THE 2 UNFAIR AND
49:16 - DECEPTIVE CONDUCT. FOR THE
49:17 - PURPOSES. THE OFFICE.
49:24 - THANKS TO
49:25 - ACCOUNT WITH THAT WE'LL
49:27 - CONCLUDE THE ARGUMENT IN THIS
49:28 - CASE AND DEBT.
49:31 - THEY SHOULD NOT. 5 MINUTES.
49:38 - >>STILL TRYING TO GET THE HANG
49:39 - OF YOUR CHILD LEARNING FROM
49:40 - HOME. LET
49:41 - US HELP A MIX ONE OH ONE THE
49:43 - VIDEO GAME IS A FUN WAY TO KEEP
49:44 - YOUR CHILD ENGAGED AND
49:46 - INTERESTED IN LEARNING ABOUT
49:47 - GOVERNMENT THE MORE THEY LEARN
49:49 - ABOUT VOTING AND OUR 3 BRANCHES
49:50 - OF GOVERNMENT. THE FURTHER THEY
49:52 - ADVANCE THROUGH QUIZZES FUND
49:54 - REVIEWS AND MORE
49:55 - SPARTA LEARNING TODAY AT THE
49:57 - PCN TV DOT COM.
49:59 - PCN PENNSYLVANIA POLITICS AND
50:02 - POLICY.
50:07 - >>THE NEXT TARGET IS IN THE
50:08 - MATTER OF NANCY KELLY RAYNER
50:10 - VERSUS NOT
50:11 - YOU DID. IT DIDN'T YOU.
50:14 - REPRESENT HIM. DRAW THIS YEAR.
50:18 - PERSONALLY
50:19 - YOU GET TO KNOW EACH BROUGHT
50:21 - EVEN WALK, REPRESENTING
50:23 - NATIONALLY. THE.
50:28 - >>I'M GOOD
50:29 - MORNING UP A TRAGEDY THAT HE
50:31 - ACTED TO PASS THE RECOVERY OF
50:33 - DAMAGES, INCLUDING EXPENSES.
50:37 - ATTORNEYS FEES AND PUNITIVE
50:38 - DAMAGES.
50:40 - WELL A PERSON WRONG TAKES PART
50:42 - IN THE TOURNAMENT.
50:44 - SHUN OR CONTINUATION OF THE
50:46 - PROCEEDINGS AGAINST NEITHER.
50:50 - THE COURT ALLOWED THE SECURE TO
50:51 - ADDRESS WAS THE APP AND
50:54 - LET THEM WENT ON TO WHOM MOTION
50:57 - FOR CONTEMPT.
51:00 - YES
51:00 - OPPOSING COUNSEL. THE CONTEXT
51:03 - OF A PENDING MEDICAL NOT
51:05 - ACTION. IN AMERICA.
51:11 - PLEASE THE COURT MY NAME
51:12 - IS ROBERT SHANER AND I ALONG
51:13 - WITH MY COLLEAGUE ABRAHAM
51:15 - RIDGE MANOR CO-COUNSEL
51:16 - KATHLEEN REBAR.
51:17 - >>AND PATRICK HEALY OF THE
51:18 - OTHER GROUP WHICH ARE
51:19 - REPRESENTING JUST A AND JUST
51:21 - MESS AND ASSOCIATES.
51:23 - WE ARE SPLITTING HER TIME PER
51:24 - COURT ORDER MISTER IN BACK WHO
51:26 - REPRESENTS THE OTHER OF PALIN'S
51:28 - WILL BE ADDRESSING THE ISSUE OF
51:29 - STANDING WHICH IS THE SECOND
51:31 - QUESTION. IN REVERSING THE
51:34 - TRIAL COURT ON THE WRONGFUL USE
51:36 - IS PROCEEDING AS PLANNED.
51:37 - THIS YEAR'S SUPERIOR COURT OF
51:39 - PENNSYLVANIA AND HAS SINCE
51:40 - EXPANDED THE POTENTIAL SCOPE A
51:42 - LIABILITY UNDER THE DRAGON
51:43 - V A AND IT IS AN OUTLIER
51:45 - DECISION IT'S A DECISION THAT
51:47 - CONSISTENT WITH OTHER HAS BEEN
51:49 - THE REESE'S THAT LOOKED AT
51:50 - THE ISSUE AND 3 REASONS THIS
51:53 - ARTICLE WHICH REVERSED
51:55 - THAT PART OF THE SPIRIT WHO ARE
51:57 - CIVIL PROCEEDING. THE FIRST
51:59 - REASON IS THAT IN MOTION
52:01 - AND THIS WAS A MOTION FOR
52:02 - SANCTIONS AND 40 TENT CONTAIN
52:04 - ANY PROMOTION DOES NOT
52:07 - CONSTITUTE CIVIL PROCEEDINGS IS
52:09 - TO FIND AND THE ACT AND AS
52:11 - OUR CASES AS IN MANY DECISIONS
52:13 - HAVE LOOKED AT
52:14 - THE ISSUE. WE SHOULD LOOK AT
52:16 - CIVIL PROCEEDINGS IN THAT
52:17 - CONTEXT AS A LOSS.
52:19 - IF YOU LOOK AT THE TRIAL
52:20 - COURT'S DECISION IN WHICH THE
52:22 - DEFINITION WELL THAT
52:24 - THE OTHER CASES THAT ADDRESS
52:25 - THESE ISSUES DIRECTLY ON POINT.
52:27 - EVERY OTHER CASE THAT'S LOOKED
52:28 - AT WHETHER WAS LE MARAIS
52:30 - INJECTIONS. A NEW MATTER.
52:33 - SERVICES PINA COURT HAS SAID
52:35 - NO THAT DOES NOT CONSTITUTE
52:36 - CIVIL PROCEEDINGS. AND
52:39 - 2 TO RULE OTHERWISE WOULD BE
52:40 - INCONSISTENT WITH HELP
52:42 - PENNSYLVANIA HAS TO FIND IT AND
52:43 - WHAT THE CORRECT DEFINITION OF
52:45 - THE CIVIL PROCEEDINGS SHOULD BE
52:47 - THE SECOND REASON IS THE
52:48 - ORIGINAL NOT FUN
52:49 - OF ME. CONTAINED A PROVISION,
52:51 - 42 PC SA
52:53 - 8355 THAT DEALT WITH NOTIONS
52:56 - BEATINGS AND OTHER
52:56 - PAPERS I THIS HONORABLE COURT
52:59 - INACTIVE RULE 1023 IN ESSENCE
53:02 - REPEAL THAT PART OF THE ACT
53:03 - AND THE POINT IS IF IN FACT IT
53:06 - REPEALED THAT WE SHOULD BE
53:07 - GOVERNED BY 1023.
53:09 - THAT'S THE APPROPRIATE
53:10 - MECHANISM BY WHICH WE SHOULD
53:11 - LOOK AT THE TENSION MOTION FOR
53:13 - SANCTIONS OR THE DENIAL OF THE
53:14 - MOTION SANCTIONS WHO
53:16 - 1023 HAS A MECHANISM WE
53:18 - CROSSED MOVE IT'S NOT THAT MISS
53:20 - RANGER HERE DID NOT HAVE BEEN
53:21 - GRANTED. SHE CHOSE. AND THE 3RD
53:24 - REASON
53:25 - IS THAT THIS IS A PUBLIC POLICY
53:27 - SHIFT. DO WE WANT TRIAL COURTS
53:30 - AND THEIR AUTHORITY TO GOVERN.
53:32 - SHE'S LIKE SANCTIONS INTACT.
53:34 - DO WE WANT THEM SECOND GUEST IN
53:35 - THE MIDDLE OF THE CASE. BUT IT
53:37 - ULTIMATELY MAY NOT BE A
53:38 - PREVAILING PART. DO WE WANT A
53:41 - FLOODGATE DRAG MY CASES BASED
53:43 - ON INDIVIDUAL
53:44 - MOTIONS MEETINGS THINGS THAT
53:46 - ARE SHOULD BE PROPERLY AND
53:47 - APPROPRIATELY GOVERNED BY 23
53:49 - AND FOR THAT REASON WE
53:50 - RESPECTFULLY REQUEST. THIS
53:52 - HONORABLE COURT REVERSED THE
53:54 - SPIRIT WITH RESPECT TO WON'T
53:55 - USE SHOOTINGS.
53:57 - >>THANK IT WILL BECOME THE
53:59 - QUESTION OR YES, THIS TIME.
54:03 - >>THANK YOU CHIEF JUSTICE, I
54:04 - HAVE NO QUESTIONS AT THIS TIME.
54:07 - >>THANK YOU JUSTICE TANI A.
54:09 - >>I MEAN THE GOOD MORNING I I
54:12 - I'M I'M A LITTLE BIT.
54:15 - >>FIRST OF ALL THE SUPERIOR
54:16 - COURTS. I DECISION
54:18 - BY I.
54:19 - >>YEAH I JUDGE I TAKE 40 ALI
54:22 - WAS
54:22 - VERY CIRCUMSCRIBED I IN ITS
54:25 - SIDE IN ITS REACH ON.
54:28 - IT REALLY CAME TO THE
54:29 - CONCLUSION THAT WHAT HAPPENED
54:31 - HERE WAYS I CAN TO ON PAR WITH
54:34 - ON A CIVIL ACTION,
54:37 - I AND I'M JUST
54:39 - WONDERING ON FROM A
54:42 - STATUTORY BASIS WHERE DO YOU
54:44 - GET THE KNOW CAN NEXT CIVIL
54:46 - PROCEEDING, ONLY MEANS
54:48 - SEVERAL ACTION WHERE THE STATUE
54:52 - IS NOT USE THAT PHRASE AND THEN
54:54 - SECONDLY.
54:56 - AND THIS IS INDISTINGUISHABLE
54:58 - FROM MY PERSPECTIVE. FROM A
55:01 - CIVIL ACTION, NOT ONLY BECAUSE
55:04 - OF THE HEARING.
55:05 - THE AWARD. BUT THE FACT THAT
55:07 - THERE WAS ACTUALLY
55:08 - AN EXECUTION. ACTION ON THIS
55:12 - AWARD
55:12 - AND GARNISHMENT BANK ACCOUNTS A
55:16 - LIEN ON HOME
55:19 - AND SO I'M JUST A FROM ME ON A
55:21 - PRACTICAL PERSPECTIVE HAVING A
55:23 - HARD TIME
55:25 - GRAPPLING WITH THE NOTION THAT
55:26 - THIS IS NOT IN E A CIVIL
55:29 - PROCEEDING.
55:32 - PART OF ITS
55:33 - CIVIL PROCEEDING NO ONE WOULD
55:34 - DISPUTE THAT IT'S NOT PART OF
55:36 - THE CIVIL PROCEEDING, BUT IT'S
55:37 - NOT.
55:37 - >>A CIVIL PROCEEDING IN ITS
55:39 - ENTIRETY WHERE IT WAS ALL
55:41 - PLAINTIFFS WHO COMMENCED AN
55:42 - ACTION AGAINST THE DEFENDANT.
55:44 - AND ULTIMATELY ONE OF THE
55:46 - PARTY'S PREVAIL, I THINK
55:47 - INCLUSION OF THE CASE AND WAS
55:48 - ABLE TO BRING
55:50 - A WRONGFUL USE CIVIL
55:51 - PROCEEDINGS CLAIM UNDER THE
55:52 - DRAGON IDEA. I
55:55 - >>YOUR ANSWER YOUR ANSWERS SAID
55:57 - WHAT'S THE BUNNY IN HALF.
55:59 - I MEAN BECAUSE SAY IF YOU WANT
56:00 - TO USE YOU ARE NOW IT'S I'M
56:03 - TURNING RAIN HERE WOULD
56:04 - BE THAT WHEN WOULD BE THE PLANE
56:07 - GETS IN THE TAKING ANY ACTUALLY
56:09 - WEIGHS A DEFENDANT I IN THE
56:13 - PROCEEDING.
56:14 - AND SO I MEAN IF IF YOU LOOK TO
56:17 - I YOU KNOW WHY THE APPARENT
56:19 - REASON FOR TAKING IDEA WHY
56:22 - WASTE TOO I
56:23 - I PREVENT OR DISCOURAGE.
56:26 - I'M PROCEEDINGS THAT HAD NO
56:28 - BASIS ON IN THE LAW OR FACT AND
56:31 - I AND I EXPRESS NO JUDGMENT AND
56:34 - THAT YEAH
56:36 - I'M HAVING A HARD TIME
56:37 - UNDERSTANDING WHY THIS DOESN'T
56:39 - FALL WITHIN THAT REAL.
56:43 - >>BECAUSE IF IN
56:44 - FACT IT WAS AN INDIVIDUAL
56:46 - REQUEST FOR SANCTIONS AND
56:47 - CONTENT AS PART OF A POST TRIAL
56:49 - MOTIONS IT ONLY GOT SEPARATED
56:51 - OUT AND WAS CONSIDERED BECAUSE
56:53 - THE TRIAL COURT WANTED TO
56:55 - ALLOW. THE APPEAL
56:57 - FROM THE TRIAL COURT'S DECISION
56:59 - ON THE DENIAL OR THE GRANT OF
57:01 - THE NEW TRIAL
57:02 - TO PROCEED. OTHERWISE IT WOULD
57:04 - NOT HAVE TAKEN ON WHAT YOU'RE
57:06 - DESCRIBING AS THE SEPARATE
57:08 - PROCESS. THERE'S NO QUESTION
57:10 - THE TRIAL COURT HANDLED IN
57:11 - THAT MANNER. BUT THAT IN AND OF
57:13 - ITSELF DOES NOT MAKE IT A
57:15 - SEPARATE CIVIL PROCEEDING WITH
57:17 - A PLAINTIFF AND DEFENDANT IN
57:18 - FACT, MS. RAYNER ALONG WITH
57:20 - HER CLIENTS. WE'RE ACTUALLY AND
57:23 - THE PERSON WHO WAS THE WITNESS
57:25 - WHO IS SUBJECT TO THE ELIMINATE
57:27 - ORDER. WE'RE ALL RESPONDENTS IN
57:29 - THAT PROCEEDING AND THAT THEY
57:32 - WERE NOT SEPARATE. DEFENSE THEY
57:34 - WERE
57:34 - NOT SUED. THEY WERE RESPONDENTS
57:37 - AND THEY WERE PART AND PARCEL
57:38 - TO THE CLAIMS ITSELF.
57:40 - THEY WERE NOT SEPARATE PLANES
57:41 - AND I WOULD SAY YOUR HONOR IT'S
57:43 - NO DIFFERENT. AND THERE ARE
57:44 - SUPERIOR COURT DECISIONS.
57:46 - ONE BY JUSTICE MONDAY THAT SAYS
57:48 - IN FACT IF YOU WENT ON A
57:50 - PARTICULAR CLAIM THAT DOESN'T
57:51 - GIVE YOU DRAGGING THAT YEAH I
57:52 - BELIEVE YOU HAVE TO WIN IN THE
57:54 - ENTIRE CASE AND THAT IS HOW
57:55 - IT'S BEEN INTERPRETED
57:57 - AND I UNDERSTAND WITH THE
57:58 - SPIRIT COURT SAID AND A MOTION
58:00 - FOR SANCTIONS BALL DIFFERENT NO
58:02 - QUESTION. MOTION FOR SANCTIONS
58:04 - ARE GOVERNED BY
58:06 - 2 STATUTES, 42 P S P A C S A
58:09 - 25 '03 AND THE RULE THAT IS
58:11 - QUITE AN ACTIVE WILL 1023.
58:14 - THAT IS THE MECHANISM BY WHICH
58:16 - YOU SEEK SANCTIONS AND YOU CAN
58:17 - IN FACT HOW TO
58:18 - REQUEST SANCTIONS. IF IN
58:21 - FACT YOU BELIEVE THAT THE
58:22 - MOTION
58:24 - IT'S IN FROM LITIGATION IS
58:25 - WITHIN THE CASE ITSELF, I'M NOT
58:27 - A SEPARATE PROCEEDING. THANK
58:29 - YOU. I THINK YOU GUESS DOCTOR
58:32 - T. NO QUESTIONS AT
58:34 - THIS TIME. WE JUST LACKED.
58:38 - THANK YOU TO DO JUST THIS
58:39 - MORNING COUNCIL BECAUSE
58:43 - >>AS OUR PRESIDENT DEMAND A PER
58:45 - SE.
58:46 - PER SE RULE FOR INTER PARTY OR
58:49 - A PERSON DEFINITION OF
58:51 - CIVIL PROCEEDING. OR.
58:55 - OR IS THERE ROB SOMETHING TO BE
58:57 - SAID OR IN THE GOM
59:00 - I GUESS WALKS LIKE A DUCK
59:01 - QUACKS LIKE A DUCK APPROACH ARE
59:05 - ORDERED.
59:07 - >>WELL I THINK THE CONCERN
59:08 - WITH THE SUPERIOR COURT AND I
59:10 - UNDERSTAND THE LOSS OF CONDUCT
59:11 - ON SECOND THOUGHT I JUST THINK
59:13 - THAT THAT THEY CAME OUT ON THE
59:15 - WRONG END OF THE WAY. THE ONLY
59:17 - CASES THAT HAVE LOOKED AT THE
59:18 - ISSUE HAD DECIDED. THIS
59:20 - IS NOT THE FIRST TIME THAT A
59:22 - PART OF THE CASE HAS BEEN
59:23 - LOOKED AT AND THAT'S THE POINT
59:25 - IS A PRELIMINARY INJECTIONS OR
59:26 - I MATTER.
59:30 - YOU KNOW AS
59:31 - A SUBPOENA. WE UNDERSTAND THAT
59:33 - CAN TAKE ON A PART AND PARCEL
59:35 - OF A CIVIL PROCEEDING,
59:36 - BUT THE WAY THE COURTS HAVE
59:37 - ALWAYS INTERPRET IT IS IT'S THE
59:39 - ENTIRETY OF THE
59:40 - PERHAPS WE DO NEED A DEFINITION
59:42 - FROM THIS COURT TO CLARIFY THIS
59:44 - POINT SO THAT WE DON'T OPEN THE
59:45 - FLOODGATES FOR ACTIONS OF
59:47 - DRAGON ANY BASED THEY SHOULD BE
59:49 - FOLLOWING 1023.
59:51 - >>WHAT ABOUT THE CLAIM FALSE
59:52 - CLAIM OF.
59:55 - YOU HAVE THAT SORT OF
59:56 - THING IN HER IN HER PLAYERS, I
59:58 - JUST TRYING TO TEST THE LIMITS
59:59 - 130 OF
01:00 - 01.190 YOUR DEFINITION.
01:00 - 03.290 >>ABSOLUTELY BOTH CAMPAIGNS
01:00 - 04.700 CERTAINLY DIFFERENT BECAUSE A
01:00 - 06.630 COUNTERCLAIM CAN BE BROUGHT UP
01:00 - 08.700 A COUNTERCLAIM COULD HAVE THE
01:00 - 10.930 EFFECT OF A SEPARATE ACTION.
01:00 - 12.160 BUT THE REALITY IN A
01:00 - 14.500 COUNTERCLAIM AS YOU PREVAIL,
01:00 - 15.910 YOU HAVE TO PREVAIL ON BOAT
01:00 - 17.060 RIGHT YOU HAVE TO PREVAIL ON
01:00 - 18.390 THE PLANE AND HEAT AND YOU HAVE
01:00 - 20.170 TO PREVAIL POTENTIALLY ON THE
01:00 - 20.850 COUNTER CLAIM
01:00 - 23.070 AND WHAT ME AND THE COMPANY AND
01:00 - 25.000 I HAVE LITIGATED CASES WHERE
01:00 - 26.320 THE CASE AND SHE DOES GO ON IN
01:00 - 28.080 YOUR HOME LELAND YEE THE AGENT
01:00 - 29.600 CLAIMS SO THE
01:00 - 31.770 PLAY DID AND THAT THE DEFENDANT
01:00 - 33.080 BE I MEAN THE PLAINTIFF THE
01:00 - 34.120 PRIOR PLANT BECOMES
01:00 - 36.290 THE DEFENDANT AND REVERSE AND
01:00 - 38.570 SO A COUNTERCLAIM IS A SEPARATE
01:00 - 40.070 CAUSE OF ACTION CAN BE
01:00 - 42.300 INITIATED A COUNTERCLAIM
01:00 - 43.870 OBVIOUSLY TAKEN PLACE
01:00 - 45.450 A CAUSE OF ACTION AND CAN BE
01:00 - 46.830 TRIED SEPARATELY DOESN'T HAVE
01:00 - 47.620 TO BE BROUGHT ART
01:00 - 48.580 PARTIAL FACE.
01:00 - 50.600 >>IF I MAKE ONE MORE THING ON
01:00 - 52.860 ONE ABOUT OR LOOK YES, WHAT
01:00 - 54.760 WOULD YOU SUGGEST TO US.
01:00 - 59.290 BY WAY OF INTERPRETING THE
01:00 - 02.380 CURIOUS SECTION. 1, 0, 2, OF
01:01 - 03.380 TITLE, 42.
01:01 - 08.010 SPECIFICALLY TO THE DEFINITION
01:01 - 09.330 THE GENERAL ASSEMBLY GET US
01:01 - 13.000 THERE SEATING. ENDING WITH
01:01 - 14.990 THE WORDS, BUT THE TERM DOES
01:01 - 17.210 AND I QUOTE BUT THE TERM DOES
01:01 - 20.640 NOT INCLUDE. AN ACTION OR AN
01:01 - 21.150 APPEAL.
01:01 - 24.570 I DON'T
01:01 - 26.380 LIKE AN NECESSARILY INTERPRET
01:01 - 27.850 THAT TO WHAT I CAN SAY ABOUT
01:01 - 28.620 EMOTIONS.
01:01 - 30.390 >>NOBODY HERE IS TELLING YOU
01:01 - 31.950 THAT EMOTION IS NOT PART.
01:01 - 34.460 OPRAH C OKAY, IT IS PART OF
01:01 - 36.170 PROCEEDING. BUT IS IT WHAT THE
01:01 - 38.200 DRIVING ANY ACT INTENDED
01:01 - 39.750 BY CIVIL PROCEEDINGS
01:01 - 41.280 TERMINATING IN THEIR FAVOR I
01:01 - 42.260 WOULD JUST POINT OUT
01:01 - 44.220 THE RISK THAT YOU RUN IS
01:01 - 46.490 THAT POTENTIALLY WE NEED PARTY
01:01 - 47.830 ON THE CALL OF PREVAILING
01:01 - 49.120 PARTY, THE WINNING PARTY IN A
01:01 - 51.220 MOTION MAY ULTIMATELY NOT BE
01:01 - 52.830 THE PREVAILING PARTY INDICATES
01:01 - 54.750 WHICH THEN CREATES THIS HUGE
01:01 - 56.340 INCONSISTENCY IN HURST, THE
01:01 - 58.290 DRAGON AREA WHICH AGAIN I DON'T
01:01 - 00.130 REPEAT MYSELF I COME BACK TO
01:02 - 01.640 THIS IS WHY THIS HONORABLE
01:02 - 02.520 COURT OBLIGATED
01:02 - 05.240 1023. FOR THIS REASON IT HAS A
01:02 - 07.160 MECHANISM IN A SAFE HARBOR TO
01:02 - 08.920 DO WITH WHAT SOME PARTY THEY
01:02 - 10.150 CONSIDER TO BE A FRIVOLOUS
01:02 - 12.380 MOTION CRIME THAT E THANK YOU.
01:02 - 13.900 THANK YOU MR.
01:02 - 17.400 WE'RE NOW GOING INTO YES, YOU
01:02 - 18.570 BUY YOUR TIME OF NEED.
01:02 - 21.140 PIEDMONT I'VE
01:02 - 23.510 NOT GOOD. WE COULD ASK YOU IF
01:02 - 23.960 YOU HAD
01:02 - 28.160 YOU TO MAKE A BRIEF ARGUMENT OF
01:02 - 29.150 THEM WILL COMMENCE THE
01:02 - 33.440 QUESTION. MAKES THIS COURT AND
01:02 - 35.090 BROUGHT IT BACK AND
01:02 - 37.110 I REPRESENT THE VERDICT WINNER
01:02 - 39.730 BELOW ROSLYN SUCH AND
01:02 - 41.880 THE CLAIRE'S AND DEFENDANTS IN
01:02 - 44.130 THE CASE. MAKE USE
01:02 - 46.660 OF COURT. I WANT TO GO RIGHT
01:02 - 47.130 TO.
01:02 - 49.890 THE OTHER SIDE OF THE COIN OF
01:02 - 52.870 THE QUESTION. THAT JUST ON A
01:02 - 56.260 U.S. MISTER TENET. EVEN IF YOU
01:02 - 56.840 ACCEPT.
01:02 - 02.100 SO THE RECORDS YOU. THIS WAS A
01:03 - 04.200 CIVIL PROCEEDING. THERE'S A
01:03 - 06.860 STATUTORY REQUIREMENT. YOU
01:03 - 10.060 MUST PREVAIL ON ALL CLAIMS.
01:03 - 11.670 I JUST AS
01:03 - 13.880 MONDAY WHEN SHE WAS A IN THE
01:03 - 14.680 SUPERIOR COURT
01:03 - 17.480 ROAD AGAIN CLASSY VERSUS STARK
01:03 - 19.930 74 LAND 3RD TO 42.
01:03 - 22.590 2 TRILLION 13 BILLION IN WHICH
01:03 - 25.330 SHE CLEARLY, AND THAT'S YOU YOU
01:03 - 26.930 HAVE TO WEIGH ALL CLAIMS
01:03 - 30.120 AGAINST. IN THIS CASE. IT'S
01:03 - 32.110 RAIN OR AND HER FIRM. WE'RE
01:03 - 33.930 SANCTION SEPARATELY FROM THE
01:03 - 35.960 SANCTIONS THAT THIS CASE IS ALL
01:03 - 36.200 THIS.
01:03 - 38.760 SHE WAS DISQUALIFIED FROM
01:03 - 40.590 FURTHER PROCEEDING IN THE CASE.
01:03 - 42.440 AND BOTH SHE AND HER FIRM
01:03 - 45.800 WHERE FI. A LITTLE UNDER $2000
01:03 - 48.490 FOR A NIGHT OUT. SO SHE DID SHE
01:03 - 50.630 IS NOT AND PREVAILING PARTY
01:03 - 53.070 EVEN LOOK AT THE CASE WHERE THE
01:03 - 55.440 SPIRIT QUICK 8. HOWEVER THE WAY
01:03 - 57.060 THE SPIRIT QUICK LOOK AT THIS
01:03 - 00.020 CASE IGNORED I THINK QUESTION
01:04 - 01.690 FROM THIS COURT IN ORANGE
01:04 - 04.830 VS O'MALLEY. 1996 DECISION OF
01:04 - 06.010 THIS COURT RECORD
01:04 - 07.930 STATED THAT ONE WHO HAS A
01:04 - 10.150 GENERAL RULE, ONE WAS NOT
01:04 - 11.510 ACCORDING TO THE UNDERLYING
01:04 - 11.950 ACTION
01:04 - 14.780 CANNOT SUE 100 REGULATED AND IT
01:04 - 17.900 WAS A VERY NARROW BUT OTHER
01:04 - 19.170 THAN THAT IT'S A BRIGHT LINE
01:04 - 20.860 TEST. IT ISN'T JUST
01:04 - 24.700 TIME AND HAS BEEN EXCEPT IN
01:04 - 27.420 THIS CASE IN A APPLIED IN EVERY
01:04 - 29.730 OTHER CASE. THANK YOU RIGHT
01:04 - 31.020 WE'RE GOING TO HEAR IT, THANK
01:04 - 33.130 YOU. I LIKE WE'RE GOING TO.
01:04 - 34.430 AND
01:04 - 36.950 IT'S A ANY OF THE JUSTICES ARE
01:04 - 38.810 QUESTIONS BEGINNING AS I SAID
01:04 - 39.390 WITH SAID.
01:04 - 42.680 SHE WAS MY NEW NAME YOU JUST GO
01:04 - 42.980 OUT.
01:04 - 46.080 CITATION TO
01:04 - 48.860 MY CAN ASK ME QUESTIONS,
01:04 - 49.410 THANKS.
01:04 - 52.310 >>HE JUST HAS ONE DAY. YES,
01:04 - 53.070 JUST THERE.
01:04 - 56.810 COUNCIL I HAVE A QUESTION E
01:04 - 59.910 YOU HEARKEN BACK TO THE OTHER
01:04 - 01.130 COLLATERAL PROCEEDING.
01:05 - 03.270 >>I INVOLVING THE LETTER TO THE
01:05 - 06.050 HOSPITAL. WHAT ABOUT THE FACT
01:05 - 08.010 THAT YOUR CLIENT. WHAT A NEW
01:05 - 09.790 TRIAL. HOW DOES
01:05 - 12.250 THAT IMPACT THE QUESTION
01:05 - 13.670 OF WEATHER.
01:05 - 17.730 IT WAS A WHEN AND WHETHER THE
01:05 - 19.180 OTHER SIDE PREVAILED IN THIS
01:05 - 19.550 CASE.
01:05 - 22.050 >>YOU ARE
01:05 - 23.900 NO QUESTION THAT RONALD SITES,
01:05 - 25.560 THEY'LL ULTIMATELY IN THE CASE
01:05 - 27.580 YOU GOT I WAS SHE WON THE FIRST
01:05 - 28.280 CASE TOO.
01:05 - 30.310 BUT IT WAS INADEQUATE AND YOU
01:05 - 32.010 BECAUSE OF THE OF THE ISSUE
01:05 - 33.650 THAT THE BOARD IS HERE.
01:05 - 36.500 BUT SHE IS THE ULTIMATE MAILING
01:05 - 36.970 PARTY IN
01:05 - 39.140 THIS CASE AND AND THERE'S NO
01:05 - 40.330 QUESTION ABOUT THAT WHEN YOU
01:05 - 41.650 LOOK AT IT FROM THE STANDPOINT
01:05 - 42.420 OF THE UNDERLYING
01:05 - 44.390 A MEDICAL NOW I GUESS MY
01:05 - 46.570 QUESTION IS NO SPECIFIC WHY AND
01:05 - 47.820 AND I'M HE WILL BE MISSING
01:05 - 48.160 SOMETHING.
01:05 - 50.930 >>WHY IS MS. RADNER THE
01:05 - 53.680 PREVAILING PARTY ON THE TRAIN.
01:05 - 56.390 WE'RE TALKING ABOUT WHEN SHE IS
01:05 - 57.060 TRUE SHE
01:05 - 57.840 GOT THE.
01:05 - 00.890 >>WARD OF VIE FOR CONTEMPT
01:06 - 01.700 VACATED.
01:06 - 02.300 >>BUT
01:06 - 04.520 SHE DID. BUT WHEN IT KICKS IN
01:06 - 06.430 THAT SAME PROCEEDING NEUTRALITY
01:06 - 07.830 LISTEN THIS IS SOMETHING.
01:06 - 10.500 >>BUT IF YOU ARE JUST BELOW ME
01:06 - 12.350 OF A LITTLE BIT ABOUT THE CASE
01:06 - 14.260 THE JUDGE JUST MONEY DECIDED.
01:06 - 16.710 THERE WAS A CASE IN WHICH A
01:06 - 19.080 DEFAMATION CLAIM WAS WROUGHT BY
01:06 - 20.490 THE BY THE PLAINTIFF IN THE
01:06 - 22.770 UNDERLYING CASE. THE PLAINTIFF
01:06 - 26.090 WITHDREW THAT CLAIM AND PUT IN
01:06 - 27.030 6 DIFFERENT.
01:06 - 29.790 ALLEGATIONS OF OF CLAIMS
01:06 - 30.530 AGAINST THE.
01:06 - 33.400 PARTY WHO BECAME THE LATEST
01:06 - 34.700 FROM THE DRAGON ANY CASE.
01:06 - 37.650 WHEN CASEY WHAT UNDERGROUND IN
01:06 - 38.660 A MINE,
01:06 - 40.610 HE SAID NO YOU'VE GOT TO WIN OR
01:06 - 42.190 YOUR CLAIM YOU CAN'T JUST WIN
01:06 - 44.240 ONE CLAY. YOU HAVE TO BE THE
01:06 - 46.110 PREVAILING PARTY AND ALL CLAIMS
01:06 - 46.690 AND THAT IS
01:06 - 48.640 THE WAY ALTHOUGH LOWER COURTS
01:06 - 51.240 HAVE INTERPRETED. I DID WRITE
01:06 - 52.800 IN A CASE AND THE STATUTORY
01:06 - 55.690 REQUIREMENT OF REALLY PARTY AND
01:06 - 57.110 BECAUSE IN THIS CASE.
01:06 - 59.680 MISS RAIN OR AT HER FOR MORE
01:06 - 01.920 SANCTIONS. ON OTHER CONTENT
01:07 - 02.910 CLAIMS
01:07 - 06.180 MADE BY THESE ARE THE BAD NEWS
01:07 - 07.960 IF YOU IF YOU PREVAIL BEFORE
01:07 - 09.240 THIS COURT TODAY ARE YOU GOING
01:07 - 10.290 TO TURN AROUND AND SELL A
01:07 - 12.090 DRAGON ANY ACT AGAINST THE MS.
01:07 - 12.500 RAYNER.
01:07 - 14.210 >>ARE WE TRYING TO DO IN THIS
01:07 - 14.900 CASE FOR THE NEXT
01:07 - 15.640 40 YEARS.
01:07 - 17.690 >>YOU'RE I'VE NEVER FILED A
01:07 - 21.150 UH HUH AT THIS POINT IN MY
01:07 - 24.090 LIFE, I DON'T THANKS TO YOU OR
01:07 - 25.140 I GUESS IS TIED.
01:07 - 28.640 >>I HAVE NO
01:07 - 30.790 QUESTIONS CHIEF. THIS IS
01:07 - 33.840 FROM HERE. YOU COUNSEL I MEAN
01:07 - 35.700 YOU TRY ONE MORE TIME ON.
01:07 - 36.820 >>IT SAID NO,
01:07 - 39.430 I ARE GOAL HERE
01:07 - 42.510 TO I DU N INTERPRETATION OF THE
01:07 - 44.730 STATUTE THAT USES THE PHRASE
01:07 - 46.320 CIVIL PROCEEDINGS.
01:07 - 48.900 >>IT IS NOT A STATUTE THAT USES
01:07 - 51.070 THE PHRASE CIVIL ACTION.
01:07 - 55.120 AND IN THAT CLIMB TAX ON HOW DO
01:07 - 55.840 WE YEAH
01:07 - 57.560 FROM THE USE OF THE
01:07 - 59.990 PHRASE BY THE LEGISLATURE OF
01:07 - 02.120 CIVIL PROCEEDING TO YOUR
01:08 - 02.760 POSITION
01:08 - 06.400 THAT IS REQUIRES ON A COMPLAINT
01:08 - 07.250 I E A
01:08 - 10.650 CIVIL ACTION. IN ORDER TO
01:08 - 13.440 TRIGGER ANY POTENTIAL BE
01:08 - 14.320 BREAKING ANY A.
01:08 - 18.070 >>SINCE THE KIND OF ANY ACT
01:08 - 20.900 WAS ENACTED THAT HAS UNTIL
01:08 - 23.150 THIS CASE THAT HAS BEEN THE WAY
01:08 - 24.110 IN WHICH IT
01:08 - 26.300 HAS BEEN. IN TERMS OF THE
01:08 - 28.040 REASONS THAT MISTER INTERSTATE
01:08 - 29.880 I WOULD ALSO SAY THERE'S NO
01:08 - 31.860 CASE LIKE BY IN THIS
01:08 - 33.520 COMMONWEALTH. I.
01:08 - 37.070 INTERVIEW WAY THE SUPERIOR
01:08 - 39.120 COURT IT. IN FACT WHEN YOU LOOK
01:08 - 40.780 NATIONWIDE SEARCH. A
01:08 - 43.050 MALICIOUS PROSECUTION. YOU FIND
01:08 - 46.030 NO CASE THE WAGE ANY COURT HAS
01:08 - 48.820 EVER HELD. INTRA.
01:08 - 51.130 MOTION
01:08 - 51.960 FOR CONTENT.
01:08 - 55.750 SURE SANCTIONS SATISFIES THE
01:08 - 59.560 REQUIREMENT AND BACK TO YOU WAS
01:08 - 02.060 IN CASE WHICH IS CITED THE
01:09 - 04.300 AND THE IN THE MESS
01:09 - 06.060 OF DEBRIS. L WAS A CASE IN
01:09 - 07.380 WHICH A CALIFORNIA COURT.
01:09 - 07.930 THE
01:09 - 11.220 CIVIC LEE CRITICIZED A AND B
01:09 - 13.200 NOT THE WAY IN WHICH WE
01:09 - 14.510 SHOULD BE APPROACHING SHOULD BE
01:09 - 16.720 APPROACHING IT HAS REALLY PARTY
01:09 - 17.220 IN THE
01:09 - 19.810 UNDERLYING LITIGATION AND IN IN
01:09 - 21.360 THE CASE OF ROSEN VERSUS
01:09 - 22.710 AMERICAN BANK YOU REALLY HAD
01:09 - 23.730 THE SAME THING YOU'RE AN
01:09 - 26.050 INSULAR PROCEEDING AGAINST PAUL
01:09 - 28.540 ROSEN, A LAWYER AND IN THAT
01:09 - 29.360 CASE.
01:09 - 32.360 THE COURT SAID NO YOU CAN'T BE
01:09 - 34.370 A DRAG ON ANY PLAYER BECAUSE
01:09 - 35.570 YOU ARE NOT A PARTY, YOU KNOW
01:09 - 37.510 THE LYING ACTION IN POLASKI
01:09 - 38.580 VERSUS MARCO
01:09 - 39.120 YOUR HONOR.
01:09 - 42.280 >>YEAH, I'M AWARE OF THE CASE
01:09 - 42.820 LAW BY.
01:09 - 45.780 >>I DIDN'T NEED ME.
01:09 - 48.970 >>THE ESSENCE OF WHAT
01:09 - 51.320 HAPPENED HERE. IT'S VERY HARD
01:09 - 52.870 TO DISTINGUISH FROM WHAT WOULD
01:09 - 55.900 OCCUR IN A QUOTE UNQUOTE CIVIL
01:09 - 57.490 ACTION AND I'LL SAY IT AGAIN, I
01:09 - 59.110 MEAN THERE IS NOT ONLY 3 DAY
01:09 - 01.700 TRIAL. MANY AWARD A MILLION
01:10 - 02.350 DOLLARS
01:10 - 05.680 AND THEN EXECUTION IMAD WARD.
01:10 - 06.740 >>ON.
01:10 - 09.400 >>WHAT WHAT DISTINGUISHES WHAT
01:10 - 11.000 HAPPENED HERE IN
01:10 - 13.040 REALITY FROM WHAT HAPPENS IN A
01:10 - 13.780 SENATE LAST.
01:10 - 16.660 >>I WAS I WOULD SUBMIT THAT IT
01:10 - 19.080 WAS A MOTION FOR SANCTIONS AND
01:10 - 22.200 OR CONTENT. IS NOT DIFFERENT
01:10 - 24.400 THAN ANY OTHER. A GARDEN
01:10 - 26.340 VARIETY MOTION FOR SANCTIONS.
01:10 - 28.660 YOU WOULD BE GIVING STANDING
01:10 - 31.050 TO ANY LAWYER
01:10 - 33.910 OR PARTY WHO WINS A SANCTION
01:10 - 35.730 MOTION TO THEN TURN AROUND AND
01:10 - 38.590 BRING BRIAN A AND I WOULD POINT
01:10 - 40.620 OUT THAT IN THIS CASE,
01:10 - 42.140 YOUR HONOR. THE
01:10 - 44.490 DOCTOR GELLER WHO IS THE
01:10 - 46.190 DEFENDANT IN THE CASE AN TO END
01:10 - 48.080 WHO WAS RESPONSIBLE FOR ONE 3RD
01:10 - 51.080 OF THE VERDICT IN THIS CASE WAS
01:10 - 52.800 RESPONDING IN THE CONTENT TO
01:10 - 54.770 SEE. DOCTOR YELLER COULD HAVE
01:10 - 56.310 BEEN A PLANE HAS EASILY EASILY
01:10 - 56.640 AS YOU'RE
01:10 - 58.820 A NERD AND BECAUSE HE KNEW
01:10 - 00.990 THERE WAS NO THE IN HIS CASE HE
01:11 - 02.350 WANTED A TRIAL RUN LOW.
01:11 - 05.640 AND AND IF YOU EXPAND THE REACH
01:11 - 07.840 OF THIS LAW THAT WAY YOU'RE
01:11 - 10.080 GOING TO HAVE CASE AFTER CASE
01:11 - 12.300 AFTER CASE. ALL WITHIN THE
01:11 - 14.540 INSULAR PROCEEDINGS OF A LARGER
01:11 - 17.150 CASE. WE'RE PLAINTIFF IN THE
01:11 - 19.250 ANCILLARY PROCEEDING, RYAN ANY
01:11 - 21.870 CASE. THEY NEED TO LOSE IN THE
01:11 - 23.580 ULTIMATELY LARGE CASE WHICH I
01:11 - 25.530 DON'T THINK GET THIS A PAID BY
01:11 - 27.020 THE STATUTE FOR REQUIRE MONEY
01:11 - 28.760 BE A PREVAILING PARTY.
01:11 - 29.830 >>OK THANK YOU.
01:11 - 31.540 THANK YOU.
01:11 - 33.420 >>THANKS ED TO BOTH COUNTS OF
01:11 - 35.660 WHO WORSHIPED MASON BEFORE WE
01:11 - 37.080 TURNED THE GUN.
01:11 - 41.260 WHO SAYS SHE IS. THANK YOU
01:11 - 43.730 THANK YOU. CLOSING I WOULD I
01:11 - 47.050 WITHOUT THAT THE OF HOLDING IN
01:11 - 47.830 THIS CASE.
01:11 - 50.850 IN ORDERS TO QUESTIONS IN THIS
01:11 - 53.190 CASE COURT THE 1996 DECISION
01:11 - 54.370 OUR PERSONAL VALUE WHICH I
01:11 - 57.030 MENTIONED AND THE 2002 ORDER OF
01:11 - 00.330 THIS COURT WHICH SUSPENDED 8355
01:12 - 02.660 WHICH WOULD HAVE GIVEN STANDING
01:12 - 04.190 FOR SANCTIONS UNDER THE
01:12 - 06.590 DRIVING IDEA. THE SUPERIOR
01:12 - 07.820 COURT IGNORED HIS OWN
01:12 - 10.750 BRIGHT-LINE TEST. IN THIS CASE
01:12 - 12.540 THE IGNORED BUT EVEN IF
01:12 - 14.330 YOU AGREE, AND THE SANCTIONS
01:12 - 16.020 MOTION IS A A SEPARATE
01:12 - 18.670 PROCEEDING. THE SUPERIOR COURT
01:12 - 20.590 IGNORED THE FACT THAT MISS RAIN
01:12 - 21.050 OR AND
01:12 - 23.170 HER FIRM WE'RE NOT REALLY OR
01:12 - 24.760 USE FOR THAT REASON YOUR HONORS
01:12 - 26.510 I RESPECTFULLY REQUEST WERE
01:12 - 28.280 REVERSED. THE DECISION OF THE
01:12 - 30.080 SECURITY COURT. HE WAS FROM THE
01:12 - 32.020 TRIAL FOR US THIS WILL PLAY.
01:12 - 40.780 >>MEMBERS OF THE COURT ROOM.
01:12 - 43.220 HAYNES AND I REPRESENT
01:12 - 45.780 MEETING WEEK. PERIODICALLY YOU
01:12 - 46.660 HAVE BROKEN OUT.
01:12 - 49.220 I DON'T MEAN THE AUDIO PORTION
01:12 - 50.220 I DON'T SEE ANY
01:12 - 52.350 OF YOU AND WHAT IF YOU HAVE TO
01:12 - 53.650 SEE IF YOU HAVE DIFFICULTY
01:12 - 55.870 HEARING ME PLEASE LET ME KNOW
01:12 - 57.580 AND IF I DON'T GET AN ENTIRE
01:12 - 58.910 QUESTION THAT YOU MAY ASK.
01:12 - 01.140 I MAY ASK YOU TO REPEAT NOT
01:13 - 02.900 BECAUSE I DON'T HAVE MY HEARING
01:13 - 04.880 AIDS IN BUT BECAUSE YOU'VE
01:13 - 07.700 BROKEN UP AND I THINK JUST
01:13 - 11.300 DONAHUE REALLY. HAS PUT HER
01:13 - 13.960 FINGER ON GOT PRINCIPAL
01:13 - 15.190 ISSUE HERE
01:13 - 19.450 AND INDEED. MY OPPONENTS ARE
01:13 - 21.020 DOING EVERYTHING THEY CAN TO
01:13 - 22.410 STUFF THE RABBIT IN
01:13 - 24.960 THE HAT. THE QUESTION IS
01:13 - 27.750 VERY SIMPLE. WHAT KNOWN AS THE
01:13 - 31.090 STATUTE ME WHEN IT SAYS
01:13 - 32.980 IT WILL PROCEEDING.
01:13 - 35.510 WORLD AND I WANT TO GO INTO THE
01:13 - 37.830 HISTORY OF THIS BACK TO I THINK
01:13 - 39.800 I KNOW IT WELL, BUT IT'S
01:13 - 42.800 NOT NOT DIRECTLY RELEVANT HERE
01:13 - 43.920 EXCEPT TO
01:13 - 46.270 THE EXTENT THAT THIS STATUTE
01:13 - 48.490 WAS SPECIFICALLY DRAFTED.
01:13 - 53.190 AND THE SCOPE OWN I'M A
01:13 - 53.980 LAWSUIT OR
01:13 - 56.080 CLAIM FOR WRONGFUL USE OF CIVIL
01:13 - 56.870 PROCEEDING.
01:13 - 00.180 THAT'S MY THE
01:14 - 02.180 ARGUMENT TO THE CONTRARY.
01:14 - 03.790 THE AIR ISN'T LOCATED.
01:14 - 07.850 PENNSYLVANIA THAT STANDS THAT
01:14 - 10.960 THEY WILL PUSH SEEDINGS ME.
01:14 - 15.920 SINGLE SO WHO LAWSUIT.
01:14 - 17.870 RECEDING.
01:14 - 21.780 AND PROCEEDED IF THIS COURT
01:14 - 23.790 WERE TO LOOK YOU WOULD SEE THAT
01:14 - 27.140 THERE ARE ROUGHLY 3,000 CASES.
01:14 - 29.500 REPORTED.
01:14 - 32.640 THAT REFERRED TO
01:14 - 34.650 CONTEMPT WHO
01:14 - 37.670 SEE NEWS. THIS WAS NOT A MOTION
01:14 - 39.590 THIS WAS A PROCEED EVENING.
01:14 - 43.160 AND AS A PROCEEDING IN ALL WHO
01:14 - 43.860 HAVE BEEN.
01:14 - 48.620 CLEARED UNDERSTANDING WHY THANK
01:14 - 51.120 YOU AND AND AND CURRENT RATE IN
01:14 - 52.560 THE ARGUMENT OF MY OPPONENTS.
01:14 - 53.880 NO COURT
01:14 - 57.290 HAS SAID THAT IT IS SIMPLY A
01:14 - 59.230 LAWSUIT AND NOTHING MORE.
01:14 - 02.370 THAT I'M GOING TO RISE PURSUING
01:15 - 05.370 A DRAGON 80. WE I'M.
01:15 - 07.030 WANT TO TALK
01:15 - 08.650 ABOUT THAT PROBABLY PUBLIC
01:15 - 09.900 POLICY ISSUE.
01:15 - 13.090 NOT ONLY TO THE 2 BRIEFLY TO
01:15 - 13.900 THIS EXTENT.
01:15 - 21.700 IN THE TRIAL COURT. IT'S AN
01:15 - 23.900 EMBARRASSMENT. IT IS
01:15 - 25.010 AN EMBARRASSMENT.
01:15 - 27.600 THE JUDGE WHO OVERSAW
01:15 - 29.880 THE PROCEEDING. IT'S AN IN
01:15 - 31.930 PERSON IN THE LAWYERS WHO
01:15 - 34.490 BROUGHT IT. THEY MISREPRESENTED
01:15 - 35.260 BACK.
01:15 - 38.400 WHO CAN DELIVER DAYS WITH THE
01:15 - 41.690 LANGUAGE THAT WAS OFFENSIVE AND
01:15 - 44.670 IF YOU SAY WELL WHY YOU KNOW TO
01:15 - 46.940 CATCH THIS WITH POLICY OR
01:15 - 48.970 IN THAT WE WOULD OPEN THE DOOR
01:15 - 50.330 TO THESE KINDS OF LAWSUITS.
01:15 - 54.250 RESPECTFULLY SUGGEST YOU'RE
01:15 - 54.580 DOING.
01:15 - 58.930 THANK STRAY.
01:16 - 04.190 >>I'M HERE AT THAT AGE OSTIA
01:16 - 05.720 YOU KNOW YOU CAN SEE IS THAT
01:16 - 07.570 EXHAUSTING TIME WE'VE SET ASIDE
01:16 - 09.390 FOR EUROPE. THE STATEMENT SO
01:16 - 11.410 YOU MIGHT WANT TO TAKE A FEW
01:16 - 12.490 MINUTES ON
01:16 - 15.970 ANY QUESTIONS. THAT A COURT
01:16 - 17.210 MIGHT HAVE BEEN WILL BEGIN
01:16 - 18.930 THOSE WITH SAID JUSTICE SAID
01:16 - 19.490 DAUGHERTY.
01:16 - 24.140 AS A FORMER TRIAL
01:16 - 26.760 LAWYER I HAVE A CONCERN SHARED
01:16 - 28.530 WITH ME THAT IN THIS COURT
01:16 - 30.330 FINDS DRAGON 80 UNDER THE
01:16 - 32.650 CIRCUMSTANCES I EMOTION
01:16 - 33.050 CRACKED.
01:16 - 36.940 >>WHAT PREVENTS THE WRECK OF
01:16 - 37.010 THE
01:16 - 39.590 DRAGON AD. WHAT'S IT BEEN A
01:16 - 41.790 NORMAL TRIAL EVERY TIME.
01:16 - 45.530 YOUR ADVERSARY TRIES TO
01:16 - 46.240 PRACTICE
01:16 - 48.690 MOTIONS OR WHAT IS IT THE
01:16 - 51.890 ECONOMY IF WE
01:16 - 54.530 FOLLOW THROUGH OR IN YOUR
01:16 - 57.290 BELIEVE BAD. MOTION
01:16 - 59.850 PRACTICE IS DRAGON EDDIE AND
01:16 - 02.170 SECONDARY TO THAT WHY DRAG A
01:17 - 03.620 NAVY WHEN YOU COULD GOT REALLY
01:17 - 05.580 23 POINT WANT.
01:17 - 09.830 WELL THAT THERE ARE 2 PRONGS TO
01:17 - 12.740 THAT GUY. MR. JUSTICE
01:17 - 15.620 EXCUSE ME. NUMBER ONE THIS IS
01:17 - 17.530 NOT MOTIONS PRACTICE. THIS IS
01:17 - 20.080 NOT IN TROUBLE WHO GAVE INTER
01:17 - 21.750 TRUMP MY OWN MOTION PRACTICE.
01:17 - 24.780 THIS IS A SEPARATE. THEY WILL
01:17 - 25.710 RECEIVE YOU.
01:17 - 29.340 HE ASKED HIM 23 ADDRESS IT IS
01:17 - 31.560 THE COMMON MOTION PASSED ON IS
01:17 - 33.060 THAT YOU'RE TALKING ABOUT BUT
01:17 - 35.640 1023 DIDN'T ABROGATE THE
01:17 - 37.880 DRAGON IDEA AND THE DRAGON AND
01:17 - 41.130 THE FACT IS THERE TOO. WOW
01:17 - 42.490 OR A MUCH
01:17 - 45.050 BROADER SWEEP. AND SIMPLE
01:17 - 47.870 MOTION PRANK. I AGREE WITH YOU
01:17 - 49.900 THAT IF IF BRANDON ANYWHERE
01:17 - 53.470 OPEN UP TO YOU AND FROM.
01:17 - 55.110 I'M
01:17 - 56.810 NO MOTION. WE'RE IN THE
01:17 - 58.220 PRODUCTION OF DOCUMENTS THAT
01:17 - 00.740 WOULD BE AN ABSURD AND NONE OF
01:18 - 04.210 US. I THINK WAIT THAT'S
01:18 - 05.740 REALLY DIFFERENT. WELL
01:18 - 08.270 IT WASN'T. THIS WASN'T HANDLED
01:18 - 09.210 AS A MOLE.
01:18 - 11.780 SHANNON, EVEN DURING THE MOTION
01:18 - 13.780 FOR NEW TRIAL IT WAS HANDLED AS
01:18 - 15.700 A SEPARATE PROCEEDING. AND
01:18 - 16.920 CHARACTERIZED AS A
01:18 - 19.600 SEPARATE PROCEEDING. THERE WAS
01:18 - 21.800 A CLAIM MADE THERE WAS
01:18 - 24.240 TESTIMONY TAKE IN THERE WAS
01:18 - 25.900 ARGUMENT BY COUNCIL.
01:18 - 28.640 AND IF YOU LOOK YOU MY CLIENT
01:18 - 30.120 IS A PARTY TO THAT.
01:18 - 32.930 THOUGH IT'S VERY DIFFERENT
01:18 - 35.100 THAN BIN AND KIND OF MOTION
01:18 - 36.370 PRACTICE, YOUR NICHE MARKET.
01:18 - 39.360 MIKE MCCLURE SELECTED THAT
01:18 - 39.600 ROUTE.
01:18 - 41.640 HALF OF MY
01:18 - 43.560 CONCERN IS THAT YOU SAY THIS IS
01:18 - 45.170 A SEPARATE CIVIL PROCEEDING IF
01:18 - 46.580 I FILED A MOTION TO COMPEL
01:18 - 47.120 DISCOVERY
01:18 - 47.830 AGAINST YOU.
01:18 - 49.530 >>YOU DIDN'T COMMENT INVOLVED
01:18 - 51.220 THROUGH DISCOVERY BY THE COURT
01:18 - 52.570 ORDERED A AND THEN I FILE A
01:18 - 54.430 MOTION FOR SANCTIONS. YOU HAVE
01:18 - 56.980 INFO HERE. WE DO HAVE EVIDENCE
01:18 - 59.260 IN THE NBA JUST GOOD.
01:19 - 06.190 I RESPECTFULLY DISAGREE
01:19 - 07.650 WITH THAT THAT'S NOT THE CASE
01:19 - 09.900 THAT'S WHAT 1023 IS INTENDED TO
01:19 - 10.450 ADDRESS.
01:19 - 12.250 >>ARE YOU TALKING TO ONE.
01:19 - 13.320 I WAS DONE.
01:19 - 16.200 NOW YOU CAN ANSWER THE QUESTION
01:19 - 17.610 ENCOURAGED. HERE.
01:19 - 20.560 I THINK YOU'RE HAVING A DELAY,
01:19 - 21.690 SO I APOLOGIZE
01:19 - 24.560 TO MAKE. I DO MY WHOLE LIFE
01:19 - 26.040 YOUR MOUTH MOVING AND I THOUGHT
01:19 - 27.640 YOU'RE STILL TALKING BY PHONE.
01:19 - 33.350 >>HE CAN DO IT IT IS A THAT
01:19 - 35.040 ABSOLUTELY DIFFERENT THING
01:19 - 37.860 AND 23. WHAT IS INTENDED TO
01:19 - 39.290 ADDRESS THE SIMPLE MOTION
01:19 - 40.860 SITUATION. THIS IS
01:19 - 43.750 NOT BAD. THIS IS A UNIQUE
01:19 - 45.480 PROCEEDING AT WHY.
01:19 - 48.830 AND CONTEMPT RECEDING IS ALL
01:19 - 49.280 ABOUT
01:19 - 53.300 MRS. I MISS ISRAEL WHO WAS HELD
01:19 - 54.920 IN CONTEMPT BY
01:19 - 57.180 THE COURT. NO COURT IS GOING
01:19 - 59.880 TO. INCLUDE
01:19 - 02.540 OR STAY, MANY SANCTION FOR A
01:20 - 04.500 FRIVOLOUS MOTION IS A CONTEMPT
01:20 - 07.180 AND COME TO WAR. IT'S NOT IT'S
01:20 - 08.790 NOT AN ORDER. NO
01:20 - 11.180 IT'S NOT AND IT TO DRAGGING.
01:20 - 13.950 THANK YOU THANK YOU, MISTER AND
01:20 - 15.130 SAID JUST WORK.
01:20 - 17.170 >>THANK YOU DOES THIS
01:20 - 19.410 COUNSELOR WARNER FURTHER PURSUE
01:20 - 20.880 THAT LINE OF QUESTIONING I
01:20 - 23.380 DON'T DISCERN IN YOUR ARGUMENT
01:20 - 24.900 ANY SATISFACTORY LIMITING
01:20 - 27.370 PRINCIPLE OTHER THAN A LOT.
01:20 - 29.580 IT'S DRAGNET A ELIGIBLE WHEN
01:20 - 30.440 YOU SAY IT IS
01:20 - 32.610 EVERY MEMBER OF THIS COURT WAS
01:20 - 34.050 EITHER A TRIAL JUDGE OR TRIAL
01:20 - 36.160 LAWYER OR BOTH WHO'S BEEN IN
01:20 - 38.540 COUNTLESS HEARINGS AND I DON'T
01:20 - 42.270 I DON'T DISCERN ANY. AND
01:20 - 44.960 IN PRINCIPLE IN YOUR ARGUMENT
01:20 - 46.600 THAT WOULD
01:20 - 48.890 HEART OUT ANY OF THE HEARINGS
01:20 - 50.750 IN WHICH ANY OF US PRESIDED OR
01:20 - 53.260 PARTICIPATED HAS NOT ATTRACTED
01:20 - 55.040 TO LEE DRAGON ANY ELIGIBLE IT
01:20 - 58.080 CERTAINLY CAN'T BE. LIMITED TO
01:20 - 59.570 CONTEMPT PROCEEDINGS. I DON'T
01:20 - 00.890 THIS TURNED OUT TO BE YOUR
01:21 - 02.960 ARGUMENT. I CERTAINLY CAN'T BE
01:21 - 04.430 SOMETHING INVOLVING MS. RAYNER
01:21 - 06.530 OBVIOUSLY IT CAN'T BE SOMETHING
01:21 - 08.650 THAT WHEN
01:21 - 10.030 A BUNCH OF US SITTING AROUND A
01:21 - 11.460 TABLE FEELS AND IT'S BIG
01:21 - 11.940 ENOUGH.
01:21 - 18.200 THERE INNUMERABLE
01:21 - 20.590 SCENARIOS IN
01:21 - 22.510 WHICH IF YOUR
01:21 - 25.120 ARGUMENT IS ACCEPTED IN SEEMS
01:21 - 28.160 TO ME. THAT
01:21 - 31.030 WE WILL SEE A DRAGON AT THE
01:21 - 32.440 PROLIFERATION WE CERTAINLY
01:21 - 34.230 CAN'T JUST EXPECT THAT DUMB.
01:21 - 37.350 LAWYERS WILL SHOW RESTRAINT OR
01:21 - 38.860 ASKED LAWYERS TO SHOW RESTRAINT
01:21 - 40.080 AND WALK AWAY FROM.
01:21 - 42.260 WELL I'M GOING TO ASK
01:21 - 45.580 YOU AGAIN. IT WAS A CLEAR
01:21 - 47.030 LIMITING PRINCIPLE.
01:21 - 48.860 WHAT THIS
01:21 - 51.700 THING ENCOMPASSES OFFICER THEN
01:21 - 52.670 BOY THIS WAS A REALLY
01:21 - 54.170 OUTRAGEOUS ONE THIS HAS TO BE
01:21 - 55.320 DRAGNET BE ELIGIBLE.
01:22 - 02.700 WELL JUST A FEW AT YOU MISTER
01:22 - 04.320 JUST 6 YOU ACT.
01:22 - 07.150 >>I'M TROUBLED BY YOUR QUESTION
01:22 - 10.130 FRANKLY TO THIS EXTENT. THE
01:22 - 12.580 DRAGON ANY ACTION HAS TO
01:22 - 15.720 CONFORM TO AND ALL
01:22 - 19.040 THE REQUIREMENTS OLD THE ACT.
01:22 - 20.780 FIRST OF ALL.
01:22 - 23.360 IT'S GOT TO INVOLVE A PARTY
01:22 - 27.750 NOW. ANY COMMON MOTION I DON'T
01:22 - 30.320 SEE NOW OPPOSING COUNSEL WHO
01:22 - 32.530 WOULD POSSIBLY BE A PARTY.
01:22 - 34.980 HERE, MRS.
01:22 - 36.670 RAINER WAS
01:22 - 40.140 A PARTY AND THE ONLY PARTY TO
01:22 - 44.240 CLAIM OR. CONTENT SECONDLY
01:22 - 46.840 THERE HAS TO BE A LOSS. A
01:22 - 49.480 LAWYER WHO LOSES SHOE
01:22 - 53.970 THE COMPOUND DISCOVERY. THROUGH
01:22 - 54.710 A LOT.
01:22 - 58.670 IT JUST.
01:22 - 00.510 >>IT SEEMS TO
01:23 - 01.950 ME THAT IT IS SOME
01:23 - 03.430 DISTINGUISHABLE FROM THE
01:23 - 04.180 COMMON.
01:23 - 06.790 >>MOTION THEN IT.
01:23 - 10.230 AND I HATE TO SAY THIS TO YOU
01:23 - 11.990 BUT IT'S PATENTLY OBVIOUS THAT
01:23 - 14.410 THERE'S A DISTINCTION BETWEEN
01:23 - 16.720 THE 2. I AND
01:23 - 18.820 I KNOW I DON'T KNOW THAT I CAN
01:23 - 21.150 BETTER ARTICULATED IN THAN I
01:23 - 23.770 ALREADY HAVE. IT YOU KNOW THAT
01:23 - 26.560 THIS COURT WITH ALL DUE RESPECT
01:23 - 26.640 TO
01:23 - 29.240 MY COMMENTS. I MADE A SPECIFIC
01:23 - 32.580 POINT IN THE HART CASE. THERE
01:23 - 35.080 ARE EXCEPTIONS AND
01:23 - 37.600 IN HEART AND JUST ARE STILL
01:23 - 39.960 VIOLENT KAYLA LITERALLY
01:23 - 42.060 DESCRIBES THIS UNIQUE
01:23 - 42.920 SITUATION.
01:23 - 50.320 I DON'T SEE HOW THAT ACT.
01:23 - 54.070 TRANS POSES INTO THE COMMON
01:23 - 55.060 MOTION IN A NAME.
01:23 - 57.100 IF YOU, IT IS NOT A PERSON
01:23 - 59.570 SEEDING. THERE ISN'T EVIDENCE
01:23 - 00.910 TAKEN IN A MOTION.
01:24 - 02.780 THERE ISN'T A FINDING BY THE
01:24 - 05.270 COURT THERE IS A NEW ORDER THAT
01:24 - 07.690 HAS BEEN VIOLATED ALL OF THOSE
01:24 - 10.270 THINGS. AND THIS IS SORRY, YOU
01:24 - 11.170 DON'T GET
01:24 - 14.120 TO MOTION. I'M JERRITA CONTEMPT
01:24 - 15.630 PROCEEDING WITHOUT A VIOLATION
01:24 - 16.490 OF AN ORDER.
01:24 - 19.370 AND THOUGH I MEAN
01:24 - 21.970 MOTION PRACTICE DOESN'T INVOLVE
01:24 - 23.630 A VIOLATION OF AN ORDER.
01:24 - 25.980 I SUPPOSE IF
01:24 - 28.310 AND DILATORY LAWYER SAID WELL
01:24 - 30.660 I'M GOING. I'M NOT GOING TO DO
01:24 - 33.150 WHAT. THE COURT SAYS.
01:24 - 37.170 THEORETICALLY THE COURT WHO
01:24 - 41.050 WOULD I TRY TO HOLD THAT LAWYER
01:24 - 43.230 YOU CAN WHO Y AWAITING THE
01:24 - 44.880 ORDER THAT LAWYER WOULD BE
01:24 - 46.430 ENTITLED TO A HEARING AND A
01:24 - 48.180 FINDING AND THE COURT WOULD
01:24 - 49.950 HAVE TO DETERMINE. THERE WERE
01:24 - 51.670 SOME MEANINGFUL DAMAGES.
01:24 - 55.900 TO ME IT IS INCONCEIVABLE THE
01:24 - 57.270 DAD EVER GETS TO THE POINT
01:24 - 59.000 WHERE THERE'S A LAWSUIT WITH
01:24 - 00.790 WILD. THAN THAT
01:25 - 02.760 GERBER 8 THE DRAGON ANY UH I'M
01:25 - 04.910 NOT GOING TO POINT TO AND NOT
01:25 - 06.290 ONLY WAS SANCTION NOT ONLY DID
01:25 - 07.650 THE LAWYERS GO AFTER HER BANK
01:25 - 08.200 ACCOUNTS.
01:25 - 10.790 SHE LOST. WE LOST HER JOB FOR
01:25 - 12.920 ONLY 10 SLEEPER ISSUE WAS THE
01:25 - 14.840 SUBJECT OF WE'RE GOING TO WIN
01:25 - 16.820 THAT YOU CAN REALLY PROBABLY AS
01:25 - 18.740 FAR WEST AS PITTSBURGH. I MEAN
01:25 - 20.010 THIS WAS REPORTED THROUGHOUT
01:25 - 22.790 THE COUNTRY. THIS IS
01:25 - 25.140 SO DISTINGUISHABLE NOT JUST
01:25 - 27.260 NEWS RANGE CASE AND IT'S SO
01:25 - 30.110 DISTINCTION. BUT IT CRIES OUT
01:25 - 33.660 TO ME. NOW THIS PARTICULAR WE
01:25 - 36.360 INTEND RECEDING IS PRECISELY
01:25 - 37.150 WHAT THE ACT.
01:25 - 50.480 >>JUST THIS MONTH. AND NO
01:25 - 53.780 QUESTIONS. I JUST DESPAIR.
01:25 - 57.080 MISTER HAYNES'S.
01:25 - 00.210 IS THERE A CASE LAW ON WHETHER
01:26 - 01.500 THIS ACTION BE CONSTRUED
01:26 - 02.830 BROADLY OR NARROWLY.
01:26 - 07.030 >>WELL THERE'S A GREAT DEAL OF
01:26 - 07.750 CASE LAW.
01:26 - 10.050 YEAH IN PENNSYLVANIA, ALBEIT
01:26 - 11.480 FROM THE FEDERAL CORPORATE TUNE
01:26 - 11.580 IN
01:26 - 13.850 FEDERAL COURTS. I'M I'M
01:26 - 15.580 CONSISTENTLY IN PENNSYLVANIA,
01:26 - 17.540 YOU MOSTLY IN THE MIDDLE OF THE
01:26 - 18.590 WESTERN DISTRICT.
01:26 - 26.940 FOR HE SAID.
01:26 - 32.050 ANCILLARY PROCEEDINGS.
01:26 - 35.070 I OR GET IN YOU'RE RIGHT.
01:26 - 39.100 AND I'M HAVING A LITTLE
01:26 - 40.030 DIFFERENT I HAD THAT VERY
01:26 - 42.870 LITTLE BIT BECAUSE. THE
01:26 - 43.920 RESTATEMENT OF TALK.
01:26 - 48.120 THE LAW IN PENNSYLVANIA.
01:26 - 50.310 I'M SORRY AND I SAID THE
01:26 - 52.500 RESTATEMENT OF TORTS MAY OR MAY
01:26 - 54.330 NOT BE THE LAW IN PENNSYLVANIA
01:26 - 54.770 ON THIS
01:26 - 57.270 PARTICULAR SUBJECT. YOU ALL
01:26 - 00.180 HAVE DONE IF I DID IT IN AND AT
01:27 - 01.320 LEAST ONE CASE.
01:27 - 04.630 IT IS OBVIOUSLY LED INSPECTIONS
01:27 - 06.410 SHOULD NOT WORK. AND
01:27 - 08.740 SPENT 74 IN
01:27 - 11.900 SUBSECTION F IT'S ABOUT
01:27 - 15.000 ANCILLARY PROCEEDING. AT BEST
01:27 - 16.000 THIS IS AN ANCILLARY
01:27 - 18.470 PROCEEDING. LISTENING DETROIT'S
01:27 - 20.850 MATT LONGER MANNING TRIAL.
01:27 - 42.150 I CAN GET A CAR WITH
01:27 - 43.090 THIS STRANGE.
01:27 - 45.680 >>RIGHT I THINK I'VE WE'VE LOST
01:27 - 46.640 TO DO. YOU
01:27 - 48.480 CAN CARRY. NOW SO I DON'T KNOW
01:27 - 49.910 AND THE STREAMS WE'VE LOST THAT
01:27 - 52.660 MISTER RANGE. YOUR AND YOU
01:27 - 53.080 BACK.
01:27 - 58.910 >>IF YOU CAN HEAR ME,
01:27 - 59.610 I'M HERE.
01:28 - 01.310 >>OKAY LET'S DO IT THIS WAY
01:28 - 01.920 SAYS THERE'S
01:28 - 02.670 A LITTLE.
01:28 - 05.040 >>THEY GO THERE FOR GARDY WE
01:28 - 05.570 BELIEVE THE
01:28 - 08.020 YEAR AT A JUSTICE BEARS GOING
01:28 - 09.180 TO PUT HIS QUEST
01:28 - 12.180 YEAR AGAIN. YOU RESPONDED THEM
01:28 - 13.120 WE'RE GOING TO INCLUDE THE
01:28 - 13.620 ARGUMENT.
01:28 - 18.460 >>ONE WHY SHOULD
01:28 - 20.180 WE NOT IT'S TRUE IT'S
01:28 - 22.400 VERY NARROWLY PROHIBIT THE
01:28 - 23.060 LAWSUIT
01:28 - 26.070 AND EYES. YOUR CLIENT AND THE
01:28 - 27.380 OTHER LAWYERS AND I AGREE IT'S
01:28 - 28.690 AN APPALLING SITUATION, BUT
01:28 - 30.020 THEY'RE ANGRY WITH EACH OTHER.
01:28 - 31.730 IT IS A MATTER OF POLICY WE
01:28 - 32.720 DON'T WANT YOU FIGHTING IN OUR
01:28 - 33.420 SANDBOX.
01:28 - 39.640 >>WELL I'M NOT SURE WHAT THE
01:28 - 40.100 QUESTION
01:28 - 45.160 IS WHY WHERE HE IS THERE I.
01:28 - 47.950 MEGAN I THIS THANK
01:28 - 51.420 >>WE'RE GOING TO CONCLUDE THE
01:28 - 52.200 ARGUMENT AND
01:28 - 57.360 THAT'S THE FIRE YOU FOR THAT
01:28 - 58.740 MORNING IN A CAN.
01:29 - 02.000 >>PCN IS WORKING TO HELP KEEP
01:29 - 03.380 PENNSYLVANIANS INFORMED AS
01:29 - 04.800 RESTRICTIONS ARE LIFTED ACROSS
01:29 - 06.290 THE STATE JOIN US DAILY FOR
01:29 - 08.460 CORONAVIRUS IMPACT A DISCUSSION
01:29 - 09.630 WITH CIVIC BUSINESS AND
01:29 - 11.520 GOVERNMENT LEADERS ON COVID-19
01:29 - 13.770 IMPACT ON LIFE DURING AND AFTER
01:29 - 15.010 THE PANDEMIC IN P A
01:29 - 17.050 STAY WITH PCN IS WE PROVIDE
01:29 - 18.760 PENNSYLVANIANS WOULD LIVE UP TO
01:29 - 20.050 THE MINUTE INFORMATION FROM THE
01:29 - 21.390 GOVERNOR AND DEPARTMENT OF
01:29 - 23.130 HEALTH CORONAVIRUS RESPONSE
01:29 - 25.230 WATCH PCN ON CABLE AND STREAM
01:29 - 27.020 FREE ON THE PCN APP.
01:29 - 31.470 >>UNITS IN
01:29 - 33.770 THE MATTER. THE NEW FORCES
01:29 - 35.230 MITCHELL GREGORY PECK JUNIOR.
01:29 - 37.480 MISTER
01:29 - 40.270 PECK'S USES RICE WAS IN
01:29 - 42.890 COMMONWEALTH IS CHANGED PITCH.
01:29 - 46.200 GOOD MORNING.
01:29 - 49.250 ON IN THIS CRIMINAL CASE.
01:29 - 52.090 NOW THIS IS SUFFICIENCY OF THE
01:29 - 53.500 EVIDENCE SUPPORTING HIS
01:29 - 56.030 CONVICTION. A DRUG DELIVERY
01:29 - 57.400 RESULTING IN IT.
01:29 - 00.170 ALSO ON THE GROUNDS THAT HIS
01:30 - 02.510 CONDUCT DID NOT OCCUR. IN
01:30 - 03.380 PENNSYLVANIA.
01:30 - 11.640 WARRIORS COUNCIL. IT WAS
01:30 - 12.070 THE COURT.
01:30 - 13.910 >>MY NAME IS BRIAN MCEWEN WITH
01:30 - 14.710 THE YORK COUNTY PUBLIC
01:30 - 16.630 DEFENDER'S OFFICE AND REPRESENT
01:30 - 18.160 THE APPELLANT MITCHELL JUNIOR.
01:30 - 20.720 THIS CASE IS SIMPLE.
01:30 - 22.960 THE PARTIES AGREE THAT FOR A
01:30 - 24.140 DRUG DELIVERY RESULTING IN
01:30 - 25.450 DEATH. THERE MUST BE A
01:30 - 27.210 VIOLATION OF PENNSYLVANIA'S
01:30 - 28.570 CONTROLLED SUBSTANCE DRUG
01:30 - 29.740 DEVICE AND COSMETIC.
01:30 - 32.190 SO THIS CASE REALLY COMES DOWN
01:30 - 33.110 TO WHETHER THERE WAS SUCH
01:30 - 35.550 A VIOLATION. LOU REED QUESTION
01:30 - 36.930 OCCURRED IN MARYLAND AS OPPOSED
01:30 - 37.710 TO PENNSYLVANIA.
01:30 - 40.830 TO THE PLAIN TEXT OF THE ACT
01:30 - 42.420 THERE SIMPLY WAS NO VIOLATION.
01:30 - 48.070 PROVIDES A LIST OF ACTIVITIES
01:30 - 49.360 THAT ARE PROHIBITED WITHIN THE
01:30 - 49.840 CALM.
01:30 - 52.350 ONE OF THESE ACTIVITIES
01:30 - 53.350 DELIVERY OF A CONTROLLED
01:30 - 54.070 SUBSTANCE.
01:30 - 56.870 BUT THROUGH NO DELIVERY WITHIN
01:30 - 58.510 THE COMMONWEALTH AGAIN YOUR
01:30 - 00.300 DELIVERY HERE. POLICE IN
01:31 - 00.770 MARYLAND.
01:31 - 03.300 THERE'S JUST NO GETTING AROUND
01:31 - 04.720 THIS CLEAR LIMITATION ON WHAT
01:31 - 06.310 THE ARE THOSE AND DOES NOT
01:31 - 06.740 PREVENT IT.
01:31 - 09.310 THE DRUG DELIVERY RESULTING IN
01:31 - 10.930 DEATH PROSECUTION. THIS
01:31 - 12.810 PROVISION MAN DAYS. THE
01:31 - 14.240 DELIVERY OCCURRED WITHIN THE
01:31 - 15.350 COMMONWEALTH OF PENNSYLVANIA.
01:31 - 16.890 A MARYLAND.
01:31 - 19.600 YEMEN. NOT SOME OTHER PLAYERS
01:31 - 21.100 ONLY A PENNSYLVANIA DELIVERY
01:31 - 21.620 WILL DO.
01:31 - 24.330 HE TOLD ME SEVERAL TIMES TO GET
01:31 - 26.020 AROUND THE STICKS. BUT NONE OF
01:31 - 26.730 THEM SUCCEED.
01:31 - 29.570 CALLER USED PRINCIPALLY THERE'S
01:31 - 30.790 A VIOLATION OF THE ACT.
01:31 - 32.940 EVEN THOUGH YOU CONVICTED UNDER
01:31 - 33.690 THE ACT WOULD HAVE BEEN
01:31 - 35.090 CATEGORICALLY IMPOSSIBLE.
01:31 - 37.530 THIS IS PROBLEMATIC AS A MATTER
01:31 - 38.600 OF COMMON SENSE BECAUSE IT'S
01:31 - 39.850 HARD TO SEE HOW SOMETHING THAT
01:31 - 42.210 EDWARD LEE BRICE THE CONVICTION
01:31 - 43.970 THAT RESET YOU THAT IS A
01:31 - 45.380 VIOLATION OF THAT STATUTE.
01:31 - 47.440 AND MORE FUNDAMENTALLY.
01:31 - 50.480 WITH THE COLD IS REALLY ARGUING
01:31 - 51.760 IS THAT THERE WAS A VIOLATION
01:31 - 54.720 SUBSECTION 8.30 WHICH DESCRIBES
01:31 - 55.430 DELIVERIES.
01:31 - 57.610 BUT IN SAYING THAT WAS OVER
01:31 - 58.970 GUARD TO WHAT SECTION DAY
01:31 - 01.190 ACTUALLY SAYS CAN I WORK IN
01:32 - 02.820 THIS CASE BECAUSE IT THAT
01:32 - 04.780 CONTAINS NOT JUST THAT WITHIN
01:32 - 05.930 THE COMMONWEALTH LANGUAGE.
01:32 - 07.330 BUT IT CONTAINS THE CREWED
01:32 - 08.260 MISSION ITSELF.
01:32 - 11.150 THE COURT CANNOT LOOK TO
01:32 - 13.060 SUBSECTION 8.30 WITHOUT REGARD
01:32 - 14.390 TO WHAT IT SAYS IN SECTION
01:32 - 14.640 THAT.
01:32 - 18.010 COLE ALSO WORRIED THAT TOURISTS
01:32 - 19.450 ARE SUPERVISION. THE
01:32 - 22.230 CRIME SCHOOL. RISE TO ASK YOU A
01:32 - 24.640 GRAPHIC ILLUSTRATION. NOW
01:32 - 25.680 THROUGH SOCIAL MODERATE WHO
01:32 - 26.100 SAYS THERE
01:32 - 28.190 IS JURISDICTION OVER THE DRUG
01:32 - 29.180 DELIVERY RESULTING IN DEATH
01:32 - 30.190 CHARGE BECAUSE ONE OF ITS
01:32 - 31.370 ELEMENTS THE DEATH OF MISTER
01:32 - 32.680 HANS TOOK PLACE IN
01:32 - 35.250 PENNSYLVANIA. THEY HAD NOTHING
01:32 - 36.380 TO DO WITH AN
01:32 - 38.600 ENTIRELY SEPARATE GEOGRAPHICAL
01:32 - 39.680 RESTRICTIONS CONTAINED IN THE
01:32 - 41.390 ACT. THE
01:32 - 43.170 UPSHOT IS YES, THERE IS
01:32 - 44.880 JURISDICTION OVER DRUG DELIVERY
01:32 - 45.340 RESULTING IN
01:32 - 47.320 DEATH CHARGE. THE COMO FEEL THE
01:32 - 48.410 CREW ONE OF THE CENTRAL
01:32 - 49.630 ELEMENTS BECAUSE THERE WAS NO
01:32 - 51.170 VIOLATION OF THE ACT.
01:32 - 52.670 THAT'S WHEN MISTER BECK'S
01:32 - 53.560 CONVICTION INJURED IN A
01:32 - 55.350 SENTENCE. SHE DID.
01:32 - 57.740 >>THANK YOU MISTER E-MAIL WERE.
01:32 - 00.880 WE FINALLY HAVE A SIMPLE CASE
01:33 - 07.020 >>GOOD MORNING.
01:33 - 10.290 >>I'D LIKE TO TALK TO YOU ABOUT
01:33 - 12.380 I SECTION ONE '02 OF
01:33 - 13.240 THE CLAIMS.
01:33 - 15.860 >>I'M AND I'M REALLY INTERESTED
01:33 - 18.490 IN YOU OR UNDERSTANDING OF WHAT
01:33 - 21.700 THE PURPOSE OF SECTION 102 YES.
01:33 - 24.350 ON END. I'M GOING TO CALL YOUR
01:33 - 26.750 ATTENTION TO A PHRASE THAT I
01:33 - 29.460 HEAR IS IN SOME PARAGRAPH 8.
01:33 - 34.340 STATES I'M AT EXCEPT AS
01:33 - 35.870 OTHERWISE PROVIDED IN THIS
01:33 - 38.520 ACTION. IT SAYS A PERSON MAY BE
01:33 - 38.810 CAN
01:33 - 41.380 BET IT AND UTILIZING THIS
01:33 - 43.020 COMMONWEALTH AND THEN IT GOES
01:33 - 43.650 ON IN LESS
01:33 - 46.360 CERTAIN SITUATIONS. THE GOOD
01:33 - 48.000 NEWS IS THAT THAT LANE BRIDGE
01:33 - 50.920 MEANS A PERSON MAY BE
01:33 - 51.980 PROSECUTED.
01:33 - 54.110 THAT'S
01:33 - 55.530 CORRECT YOUR NECK BUT THAT'S
01:33 - 57.680 NOT WHAT SECTION ONE O TO A
01:33 - 00.220 YES. IT SAYS A PERSON
01:34 - 00.970 MAY BE
01:34 - 03.850 IN DECADES. SO I KNOW YOU TAKE
01:34 - 05.430 THE POSITION THAT SECTION ONE
01:34 - 09.400 '02 IS ON A JURORS GET SHOULD
01:34 - 12.060 KNOW OPERATION. ALTHOUGH IT'S
01:34 - 14.250 CALLED TERRITORIAL APPLE GOING
01:34 - 14.310 TO
01:34 - 16.440 BE SO YOU RECONCILE THAT
01:34 - 18.330 LANGUAGE FOR ME LANGUAGE THAT
01:34 - 20.520 SAYS A PERSON MAY BE CAN GET IT
01:34 - 22.090 WITH YOUR INTERPRETATION IS
01:34 - 23.690 THAT WHAT HE ACTUALLY SAYS A
01:34 - 25.370 PERSON MAY BE PROSECUTED.
01:34 - 28.820 BECAUSE I BELIEVE IT'S A
01:34 - 30.090 JURISDICTIONAL PROVISION, YOUR
01:34 - 30.500 HONOR.
01:34 - 32.300 >>YES, I THINK IT'S YOU KNOW.
01:34 - 34.270 I THINK YOU JURISDICTIONS
01:34 - 35.620 OBVIOUSLY A PREREQUISITE TO ANY
01:34 - 37.820 CRIMINAL PROSECUTION. AND SO I
01:34 - 39.640 THINK THE WAY IT IS A PERSON
01:34 - 41.570 MAY BE CONVICTED. THAT
01:34 - 42.480 CERTAINLY THAT'S
01:34 - 45.230 THAT'S TRUE. IT IS TUESDAY MAY
01:34 - 46.590 BE CONVICTED OF ALL OF THE
01:34 - 48.350 ELEMENTS OF ANTHRAX THAT MOVING
01:34 - 48.720 BEYOND A
01:34 - 49.630 REASONABLE DOUBT.
01:34 - 51.340 >>WHY DID THEY LET ME JUST LET
01:34 - 52.970 ME JUST INTERJECT THERE BECAUSE
01:34 - 54.450 I UNDERSTAND YOUR ARGUMENT AND
01:34 - 56.340 I APPRECIATE IT AND I ALMOST
01:34 - 56.640 AGREE
01:34 - 56.960 WITH THAT.
01:34 - 00.590 >>HAHA I'M I'M I'M A LITTLE
01:35 - 01.140 BIT.
01:35 - 04.480 >>I'M ME BY THE LANGUAGE THAT
01:35 - 06.060 TALKS ABOUT THE PERSON MAY BE
01:35 - 08.310 CONVICTED NOT A PERSON MAY BE
01:35 - 09.000 PROSECUTED.
01:35 - 12.860 >>WELL, I MEAN OBVIOUSLY I
01:35 - 15.110 I DO PERSONALLY SEE A CONFLICT
01:35 - 16.020 BETWEEN THOSE WHO ARE 2
01:35 - 17.840 VERSIONS. HOWEVER, IF THERE IS
01:35 - 19.410 A CONFLICT BETWEEN THE 2 OF
01:35 - 21.850 THEM. CERTAINLY IN THIS
01:35 - 23.250 SITUATION, THE MORE
01:35 - 25.690 SPECIFIC YEAH LEGISLATION THE
01:35 - 27.200 ACT WHICH APPLIES DIRECTLY TO
01:35 - 28.280 THE CONDUCT THAT WE'RE LOOKING
01:35 - 30.100 AT WE HAVE TO CONTROL OVER
01:35 - 31.200 WHATEVER IT SAYS
01:35 - 32.660 AS A GENERAL MATTER OF THE
01:35 - 34.410 CRIMES GO UNDER SECTION WANTS
01:35 - 34.690 TO.
01:35 - 40.660 IF THERE IS A CONFLICT THAT IS
01:35 - 42.320 HOW I WOULD RESULT, OK
01:35 - 42.810 THANK YOU.
01:35 - 44.520 >>I GUESS IT'S DOCTOR T.
01:35 - 49.390 THE QUESTION THE QUESTION IS
01:35 - 51.990 THAT THE D R AND B FALLS UNDER
01:35 - 54.680 THE CRIME CODE DEALING WITH
01:35 - 57.170 HOMES YET. IT'S WITHIN
01:35 - 59.120 THAT STATUTE MAKES REFERENCE TO
01:35 - 59.600 THE
01:35 - 01.770 CONTROLLED SUBSTANCE. SO
01:36 - 03.890 THEY'VE WERE FAR IF WE FOLLOW
01:36 - 05.990 THIS RECONSTRUCTION, WHY 1, ONE
01:36 - 08.630 '02 INTRO THAT THING WHERE THE
01:36 - 09.430 BODIES DOWN.
01:36 - 12.370 >>HERE I THINK ONE OF THOSE WHO
01:36 - 14.050 DOES CONTROL IS FAR AS THE
01:36 - 15.680 JURISDICTIONAL QUESTION THIS
01:36 - 17.230 CANCER. THAT'S WHY I THINK
01:36 - 18.480 THERE IS JURISDICTION
01:36 - 19.670 OVER THE DRUG DELIVERY
01:36 - 20.810 RESULTING IN DEATH CHARGE
01:36 - 22.790 BECAUSE MR. HUNT'S BODY WAS SO
01:36 - 25.400 BADLY. BUT IT CONSISTENTLY
01:36 - 27.080 ARGUED ALL ALONG IN THIS CASE.
01:36 - 28.550 IT JUST SETS THE STAGE FOR
01:36 - 29.790 POSSIBLE PROSECUTION.
01:36 - 32.280 IT HAS JURISDICTION. YES THEY
01:36 - 33.200 MADE THE CORRECT WAS A
01:36 - 34.170 JURISDICTION TO BRING A
01:36 - 35.780 PROSECUTION BUT THEN THEY
01:36 - 36.740 BROUGHT A DRUG DELIVERY
01:36 - 37.980 RESULTING IN DEATH CHARGE
01:36 - 40.090 IN THAT PARTICULAR CHARGE HAS
01:36 - 41.370 THIS LANGUAGE THAT REQUIRES A
01:36 - 43.210 VIOLATION OF THE ACT WHICH IN
01:36 - 45.130 TURN REQUIRES SOMETHING
01:36 - 45.860 TO HAVE OCCURRED IN
01:36 - 47.500 PENNSYLVANIA IN ORDER FOR A
01:36 - 48.620 VIOLATION TO OCCUR.
01:36 - 51.510 CERTAINLY IF THERE IS NO
01:36 - 53.140 JURISDICTION, THE WHOLE ORDEAL
01:36 - 54.740 WAS OVER AND THEY COULDN'T RUN
01:36 - 56.030 ANY CHURCH AT ALL.
01:36 - 58.440 BUT HERE THE JURISDICTION ALLOW
01:36 - 59.250 THEM TO GREEN
01:36 - 01.250 SOME SORT OF CHARGE ON THE
01:37 - 02.670 BASIS OF MR. HUNT'S DEBT
01:37 - 03.540 BECAUSE THAT OCCURRED
01:37 - 05.460 IN PENNSYLVANIA. I THINK THE
01:37 - 07.040 REQUIRE A PERSON MAYBE THEY
01:37 - 08.710 COULD ROBOTS OR A MANSLAUGHTER
01:37 - 10.350 CHARGE IT WANTED TO DO THAT.
01:37 - 12.170 WELL IT BECAUSE
01:37 - 14.140 THEY BROUGHT WHATEVER REASON
01:37 - 15.640 CAN'T CONTAIN VERY SPECIFIC
01:37 - 17.820 CLAIMS THAT WIRES A VIOLATION
01:37 - 19.860 OF THE ACT. YEAH, I THINK A
01:37 - 22.000 VERY SPECIFIC LANGUAGE. IT CAN
01:37 - 24.300 FIND THESE PROVISIONS AND
01:37 - 25.490 TUESDAY'S OCCURRING WITHIN THE
01:37 - 26.840 COMMONWEALTH OF PENNSYLVANIA,
01:37 - 27.850 WE JUST DON'T HAVE IT.
01:37 - 30.620 >>WHERE ARE YOU SHARE WITH US
01:37 - 33.760 BACK THE DEATH OF B. THIS TODAY
01:37 - 36.540 ABOUT. SEE INDIVIDUAL
01:37 - 38.920 GOES UNPUNISHED. BECAUSE OF BAD
01:37 - 42.350 GENERAL ASSEMBLY. OUR.
01:37 - 44.730 >>I DON'T NECESSARILY
01:37 - 47.740 TO GET TO THE FIRST PART OF
01:37 - 48.650 YOUR QUESTION.
01:37 - 51.070 CERTAINLY HAVE TO GO UNPUNISHED
01:37 - 52.980 AS NOTED, IT COULD HAVE BROUGHT
01:37 - 54.030 SOME SORT OF OTHER CHARGE
01:37 - 57.170 PERHAPS ON THE BASIS. THE DEATH
01:37 - 58.390 OF HER IN PENNSYLVANIA
01:37 - 00.270 IS THIS PARTICULAR CHARGE
01:38 - 00.770 CONTINUES
01:38 - 02.630 PARTICULAR OWENS. THERE'S ONLY
01:38 - 04.060 ONE WHO WILL IN THIS CASE
01:38 - 05.330 BECAUSE OF THE WAY THINGS
01:38 - 07.710 PANNED OUT. NOW IS FOR IS
01:38 - 08.960 WHETHER SOMEONE ELSE IN ANOTHER
01:38 - 10.090 JURISDICTION COULD BROTHER
01:38 - 11.970 CHARGED. I DON'T KNOW ABOUT IT
01:38 - 13.210 CERTAINLY A POSSIBILITY.
01:38 - 15.020 BUT AS FAR AS WHETHER THE
01:38 - 15.840 LEGISLATURE MADE
01:38 - 17.620 A MISTAKE. I DON'T THINK THEY
01:38 - 19.020 NECESSARILY MADE A MISTAKE HERE
01:38 - 20.650 I THINK TO BE USED VERY CLEAR
01:38 - 22.010 LANGUAGE IS REASONABLE TO
01:38 - 24.380 PRESUME INTO THE EFFECTS OF
01:38 - 26.590 THAT LANGUAGE TO TAKE PLACE AND
01:38 - 27.700 THAT'S ESPECIALLY TRUE WHERE
01:38 - 28.910 THE DRUG DELIVERY RESULTING IN
01:38 - 30.390 DEATH STATUTE MAKES SPECIFIC
01:38 - 32.390 REFERENCE TO THE ACT SO I DON'T
01:38 - 32.630 THINK THIS
01:38 - 35.450 CRAZY CONFLUENCE OF STATUTES OF
01:38 - 36.750 THE GENERAL ASSEMBLY COULD NOT
01:38 - 38.760 POSSIBLY CONCEIVE WHEN THEY
01:38 - 40.350 DRAFTED THESE 2 STATUTES.
01:38 - 41.710 I THINK IS THE NATURAL
01:38 - 43.700 CONSEQUENCE OF VERY CLEAR
01:38 - 46.000 THE LANGUAGE, THE PLACES STRICT
01:38 - 47.390 RULES ON WHAT DRUG DELIVERY
01:38 - 49.240 RESULTING IN DEATH. CAN AND
01:38 - 50.400 CANNOT TO PUNISH.
01:38 - 52.190 >>THANK YOU WELL I.
01:38 - 54.580 >>IF YOU REMEMBER, LET'S JUST
01:38 - 55.010 WATCH.
01:38 - 57.600 THANK YOU CHIEF, NO QUESTIONS
01:38 - 59.750 FOR MISTER MCNEILL. THIS IS
01:38 - 01.510 MONEY. I HAVE
01:39 - 03.940 NO QUESTIONS. THIS IS THERE.
01:39 - 07.830 YOUR NEW MATH.
01:39 - 13.940 AND IT'S
01:39 - 15.580 A GAME. THANK THANK YOU
01:39 - 17.040 JESS IS GONNA LIVE AT GIANTS
01:39 - 22.450 SIGN OR ANY OF MY HAHA I
01:39 - 24.610 APPRECIATE IT. VERY SUMMER
01:39 - 26.960 EVERYBODY ELSE. BUT I DON'T I'M
01:39 - 29.190 A SLOW TO ACCEPT YOUR
01:39 - 32.740 UNDERLYING PREMISE THAT 18
01:39 - 34.760 ONE '02 IS GEORGE
01:39 - 37.240 FICTIONAL STATUTE. THE AND THE
01:39 - 39.610 INTO 9 USUAL CASE IN IN THAT.
01:39 - 41.470 IF YOU LOOK
01:39 - 44.420 AT THE RUG. THE DRUG DEVICE
01:39 - 46.180 COSMETIC ACT AND SAYS IT HAS
01:39 - 46.650 MET WITH
01:39 - 48.790 IN PENNSYLVANIA. UNTIL THEN HE
01:39 - 50.640 BECOMES A DEFINED TERM MAY BE
01:39 - 52.360 AMBIGUOUS TERM UNDER THIS
01:39 - 55.130 UNUSUAL CASE AND AND WHAT I DO
01:39 - 56.480 IS NOT JURISDICTION. ITS
01:39 - 58.980 TERRITORIAL APPLICABILITY IT
01:39 - 01.370 SAYS FOR PURPOSES OF THE CRIMES
01:40 - 01.720 CODE.
01:40 - 05.690 >>IF YOU BUY DRUGS. IN
01:40 - 07.710 ANOTHER STATE, WHICH IS WHAT
01:40 - 08.540 HAPPENED HERE IT CAN BE
01:40 - 09.760 CALIFORNIA, YOU'RE RIGHT.
01:40 - 12.680 B ANYWHERE IT CAN BE A WIFE.
01:40 - 14.670 YOU BUY DRUGS AND OTHER STATE.
01:40 - 17.210 HE COME BACK HERE AND YOU DIE
01:40 - 19.280 HERE THAT THE TERRITORIAL
01:40 - 20.830 APPLICABILITY OF PENNSYLVANIA
01:40 - 22.380 WOULD INCLUDE THAT TRANSACTION.
01:40 - 25.580 IN THE END SEEMS TO LINCHPIN OF
01:40 - 26.710 YOUR CASES THIS ISN'T
01:40 - 28.160 JURISDICTIONAL SECTION. I DON'T
01:40 - 28.970 KNOW WHERE YOU GET THAT.
01:40 - 32.370 WELL I THINK THAT IT'S IT'S A
01:40 - 35.240 VERY GENERAL. IT WAS VERY
01:40 - 35.640 GENTLE
01:40 - 36.240 WITH ABILITY.
01:40 - 38.700 >>IN BACK THROUGHOUT THE BREEZE
01:40 - 40.140 AND I THINK THE PLANS TO RECORD
01:40 - 41.460 IT WAS REFERRED TO AS I
01:40 - 43.110 UNDERSTOOD IT. IF YOU'RE
01:40 - 45.280 A SECTIONAL STEPS YOU KNOW I
01:40 - 46.750 THINK A LOT OF CASES FOR REFER
01:40 - 48.470 TO IT AS SUCH AS WELL NOW WE
01:40 - 49.330 TALKED ABOUT
01:40 - 51.250 IT'S A NEW GENERAL PORTION OF
01:40 - 52.940 THE CRIMES GO TALKING ABOUT
01:40 - 54.330 WINNING THE PROSECUTION CAN BE
01:40 - 55.400 BROUGHT IN PENNSYLVANIA AND
01:40 - 57.370 WHEN THEY CAN'T SO I CERTAINLY
01:40 - 58.950 KNEW IT AS A
01:40 - 01.830 JURISDICTIONAL MATTER. BUT I
01:41 - 04.190 WANT YOU TO ANSWER WHY ISN'T
01:41 - 06.090 THE WORD PENNSYLVANIA UNDER THE
01:41 - 09.100 ADMITTEDLY UNUSUAL. FACTS IN
01:41 - 09.720 THIS CASE.
01:41 - 12.940 >>SUBJECT IN CONSTRUCTION IN
01:41 - 14.290 THE LEGISLATURE, CONSTRUED IT
01:41 - 15.070 MEANT IT IN THE
01:41 - 17.210 TERRITORIAL APPLICABILITY TO
01:41 - 19.060 INCLUDE WHEN SOMEBODY DIES
01:41 - 20.250 WITHIN OUR STATE WHICH
01:41 - 21.500 CERTAINLY OUR LEGISLATURE HAS
01:41 - 23.230 AN INTEREST IN AS A RESULT OF
01:41 - 24.120 DRUGS WHAT ELSE.
01:41 - 27.650 >>I THINK IT DOES INCLUDE I
01:41 - 28.540 THINK THAT I THINK THAT
01:41 - 29.430 INCLUDES
01:41 - 32.680 THE DEATH. HAVING OCCURRED IN
01:41 - 34.170 PENNSYLVANIA BECAUSE THAT MEANS
01:41 - 35.050 ONE OF THE ELEMENTS OF THE
01:41 - 36.450 OFFENSE AND HEARD OCCURRED IN
01:41 - 38.490 PENNSYLVANIA. BUT UNDER THE WAY
01:41 - 40.370 THE ACTORS READING IT'S NOT
01:41 - 41.880 THAT DEATH THIS ROBOT IS THE
01:41 - 44.320 DELIVER IS THE DELIVERY THAT
01:41 - 44.780 OCCURRED
01:41 - 47.840 100% IN MARYLAND AND NOT AT ALL
01:41 - 48.880 WITHIN THE COMMONWEALTH OF
01:41 - 49.500 PENNSYLVANIA.
01:41 - 52.110 JUST THE FACT THAT LOOK VERY
01:41 - 53.150 GOOD AT YOU
01:41 - 55.370 GO AHEAD. JUST TO GET BACK TO
01:41 - 56.630 WHAT YOU'RE SAYING WITH THIS IS
01:41 - 58.030 NOT A VIEW WAS SAYING EARLIER
01:41 - 00.250 ABOUT POSSIBLE CONFLICT BETWEEN
01:42 - 01.840 THESE 2 PROVISIONS. I JUST
01:42 - 03.720 THINK IT'S VERY IMPORTANT TO
01:42 - 05.510 REMEMBER THAT THAT'S A GENERAL
01:42 - 06.730 PROVISION THAT TALKS ABOUT WHEN
01:42 - 08.410 PROSECUTIONS COULD BE BROAD SO
01:42 - 09.050 BEING YOU
01:42 - 11.190 AT ALL I'M SENSITIVE TO WHICH
01:42 - 12.840 IS GONE AND YOU SAID ABOUT THE
01:42 - 15.270 LANGUAGE REGARDING THE VICTIM.
01:42 - 17.000 BUT I JUST DON'T THINK THAT CAN
01:42 - 18.190 YOU READ IN SUCH A WAY THAT
01:42 - 20.580 SOMEONE ALL OF THE OVERRIDE
01:42 - 22.560 EVERYTHING THAT EACH INDIVIDUAL
01:42 - 24.160 STATUTE MIGHT HAVE TO SAY IN
01:42 - 26.090 SYLVANIA BUT THE OMENS OF IN A
01:42 - 26.810 SENSE.
01:42 - 29.540 CERTAINLY THE FACT THAT SOMEONE
01:42 - 30.910 MAY BE CONVICTED IN
01:42 - 32.170 PENNSYLVANIA WHEN THE
01:42 - 33.540 OVERRIDING NEED TO PROVE THE
01:42 - 34.950 ELEMENTS OF ANOTHER OFFENSE.
01:42 - 35.350 IT'S
01:42 - 38.740 A MURDER. IF THE ODDS OF MURDER
01:42 - 38.970 AND I
01:42 - 40.840 COMPLETELY PROVEN EVEN IF
01:42 - 42.600 SOMEONE MAY BE CONVICTED OF THE
01:42 - 44.250 OFFENSE. THEY WEREN'T CONVICTED
01:42 - 44.610 OF IT.
01:42 - 46.190 IF THERE'S FAILURE PROOF BEYOND
01:42 - 47.110 A REASONABLE DOUBT OF ONE OF
01:42 - 48.420 THE OLD CITY A FACT THAT'S
01:42 - 49.680 EXACTLY WHAT WE HAVE HERE TO
01:42 - 52.790 THE WARNING THE ACT. THANK YOU
01:42 - 53.470 THANK YOU CHIEF.
01:42 - 54.320 >>THANK YOU
01:42 - 58.950 >>ASCOT ON TO IT SEEMS TO ME
01:42 - 01.440 THAT THAT IS SURE.
01:43 - 03.790 ASKED CLEAREST
01:43 - 06.210 ARGUMENT THAT ALTHOUGH YOU MAY
01:43 - 08.460 BE CONVICTED IN MAY NOT BE
01:43 - 10.000 PROSECUTED UNDER THIS
01:43 - 11.360 PARTICULAR STEP IT.
01:43 - 13.840 >>CAUSE THE ELEMENTS. AND YOU
01:43 - 15.470 COULD BE PROSECUTED UNDER OATH.
01:43 - 19.430 SHE SAID. DIVISION.
01:43 - 21.880 I'M SORRY I TALKED OVER THERE.
01:43 - 27.000 >>THANK YOU MISTER A DEAL WE
01:43 - 29.540 UNDERSTAND
01:43 - 34.070 AND WE WILL HEAR
01:43 - 36.230 FROM MATH. THE COMMONWEALTH.
01:43 - 39.750 >>GOOD MORNING, I'M JAMES ACTED
01:43 - 40.720 TOO MUCH ON BEHALF
01:43 - 42.790 OF YOU. THIS CARRIES OFFICE
01:43 - 43.620 BEHALF OF COME WITH
01:43 - 45.410 PENNSYLVANIA, I'M PLEASED THE
01:43 - 45.720 COURT.
01:43 - 49.190 KEY ISSUE IN THIS CASE IS
01:43 - 51.050 APPLICATION OF BE A
01:43 - 53.030 DRUG ACT PREAMBLE PROVISION
01:43 - 54.660 UNDER SUBSECTION BAY WHICH
01:43 - 57.050 PRECEDED ALL THE ACTUAL TRAIN
01:43 - 58.760 BE PROHIBITED VIOLATIONS.
01:43 - 00.800 IT STATES QUOTE THE
01:44 - 03.050 FOLLOWING ACTS AND CAUSING
01:44 - 04.500 THEIR OWN WITHIN THE COMMON LAW
01:44 - 05.630 ARE HEREBY PROHIBITED.
01:44 - 08.230 I WOULD NOTE THAT THIS PREAMBLE
01:44 - 11.470 PROVISION IS NOT REFERRED TO IN
01:44 - 13.180 THE DRUG DELIVERY IN THE.
01:44 - 16.450 THEY DID YARDY STATUTE. DID YOU
01:44 - 19.260 R D STATUTE. SPECIFICALLY YOUR
01:44 - 21.160 FIRST 2 QUOTE SECTION
01:44 - 23.760 1430 OF
01:44 - 24.920 THE ACT. IT DOES NOT
01:44 - 26.480 INCORPORATE ITS PREAMBLE
01:44 - 28.180 PROVISION IF THE PREAMBLE
01:44 - 30.090 PROVISION IS AN ELEMENT OF THE
01:44 - 30.810 FACE OF
01:44 - 32.150 THE OFFENSE. AND THE
01:44 - 34.410 LEGISLATURE HAS EXCLUDED THAT
01:44 - 35.870 PREAMBLE PROVISION FROM BEING
01:44 - 37.150 AN ELEMENT BY NOT INCLUDING IT.
01:44 - 40.460 IT'S A QUESTION OF TERRITORIAL
01:44 - 41.210 CLICK ABILITY.
01:44 - 44.530 PLACEMENT OF EDD RD STATUE IN
01:44 - 47.260 TITLE 18. BECAUSE THE TITLE 18
01:44 - 48.880 TERRITORY APPLICABILITY EAST
01:44 - 51.410 SECTION TO HAVE SUPPRESSED OVER
01:44 - 53.630 BEING DRUG DELIVERY. THE DRUG
01:44 - 56.430 ACT. TERRITORIAL CLICK GO
01:44 - 57.450 DEEPER AFTER A VISION.
01:45 - 04.230 IN ADDITION TO THE TERRITORY UP
01:45 - 05.350 TO THE BOY ARGUMENTS.
01:45 - 09.210 FOR PRESUMING THAT THE DEFENSE
01:45 - 10.560 COUNSEL ARGUED WAS ENTIRELY
01:45 - 12.620 CORRECT. THIS PARTICULAR CASE
01:45 - 13.890 CONTAINS UNIQUE FACTUAL
01:45 - 16.320 ELEMENTS IN THE THIS CASE.
01:45 - 18.280 THE DELIVERY. THE ACTUAL
01:45 - 19.800 TRANSFER GET OCCUR IN MARYLAND.
01:45 - 21.960 HOWEVER, PRIOR TO THE VICTIM
01:45 - 23.410 CONSUMING THE DRUGS. HE
01:45 - 25.560 CONTINUED TO RECEIVE ONGOING
01:45 - 27.550 TECH SUPPORT FROM THE EU FROM
01:45 - 29.560 THE DEFENDANT TEXT HIM HOW TO
01:45 - 29.760 USE
01:45 - 31.620 THE DRUGS. THE VICTIM DIDN'T
01:45 - 33.000 EVEN UNDERSTAND HOW TO USE THE
01:45 - 34.740 TAPE OF HEROIN YOU SO YOU NEED
01:45 - 37.220 TO CONTACT THE SELLER. AND ONCE
01:45 - 38.310 HE WAS TOLD HOW TO SELL IT.
01:45 - 40.470 HOW TO USE IT USED IT AND
01:45 - 42.460 THEN EXPRESSED HOW STRONG WAS
01:45 - 43.820 HOW UNIQUELY STRONG IT WAS.
01:45 - 46.270 THE DETAILS OF THAT ELEMENT OF
01:45 - 47.800 THE BE TEXT MESSAGE TRANSFER OF
01:45 - 48.780 POWER, INCLUDING MY BIRD.
01:45 - 55.400 JUSTICE TANI YOU HAVE ANY
01:45 - 56.670 QUESTIONS. YEAH, YES,
01:45 - 57.090 THEY DO.
01:45 - 59.660 >>ON THE COUNCIL ON BACK TO
01:45 - 02.120 SECTION ONE '02. I WISH
01:46 - 04.550 I'D YOU'RE OPPOSING COUNSEL AND
01:46 - 06.230 THE COURT TO BEAT HER TO BE A
01:46 - 08.460 JURISDICTIONAL ON PROBATION.
01:46 - 09.500 >>ON.
01:46 - 12.700 >>I CALL YOUR ATTENTION TO SOME
01:46 - 14.160 SECTIONS SEX.
01:46 - 19.900 OF ICE ONE '02 OR CSN SECTION
01:46 - 21.750 SEX. AND
01:46 - 23.970 THIS PARTICULAR SUBSECTION.
01:46 - 27.730 APPLY TO A PENNSYLVANIA'S
01:46 - 30.250 STATUTE THAT EXPRESSLY
01:46 - 31.900 PROHIBITS CONDUCT.
01:46 - 34.400 THAT OCCURS OUTSIDE THE COMMON
01:46 - 34.660 LAW.
01:46 - 38.840 AND SO WE HAVE A PROBATION IN
01:46 - 41.200 THE CRIMES CODE IN SECTION ONE
01:46 - 41.840 '02.
01:46 - 44.280 WHERE THE GENERAL ASSEMBLY
01:46 - 46.700 ANTICIPATED THAT THERE MAY BE
01:46 - 50.130 A STATUTE. THAT IS EXPRESSLY A
01:46 - 52.500 CLICKABLE TO CONDUCT THAT
01:46 - 54.830 OCCURS OUTSIDE OF PENNSYLVANIA.
01:46 - 58.220 AND THIS STATUE COMES ONLINE IN
01:46 - 01.080 SOME SECTIONS STACKS TO REQUIRE
01:47 - 02.110 THE COURT.
01:47 - 05.280 SHE DO A BALANCING OF INTERESTS
01:47 - 08.760 TO DETERMINE WHETHER OR NOT
01:47 - 10.740 YOU'RE IN SHOULD
01:47 - 13.630 BE EXERCISE UNDER THAT
01:47 - 15.510 PARTICULAR CREATION.
01:47 - 18.540 I FIND IT
01:47 - 21.810 HARD TO GRAPPLE WITH YOUR
01:47 - 23.700 POSITION THAT
01:47 - 27.480 THIS STATUE OVER RI, ANOTHER
01:47 - 29.820 PROVISION OF PENNSYLVANIA LAW
01:47 - 31.920 THAT REQUIRES UNDOCKED THAT
01:47 - 33.760 ACTUALLY OCCURS IN THE
01:47 - 35.330 COMMONWEALTH AND STATE.
01:47 - 37.860 AND COULD YOU HELP ME WITH THAT
01:47 - 40.070 BECAUSE SOME SECTIONS THAT WE
01:47 - 40.600 SLOW
01:47 - 43.080 CAN BE WHEN YOU NEED TO
01:47 - 45.230 RELY ON LINE AT THE GENERAL
01:47 - 47.310 ASSEMBLY WRITTEN THAT IT WAS A
01:47 - 49.110 VIOLATION OF WHY HE STILL
01:47 - 49.830 DRIVES
01:47 - 52.360 ANYWHERE. IN WHICH CASE THE
01:47 - 54.010 TRIAL COURT WOULD HAVE TO SAY
01:47 - 55.470 WHAT BUSINESS IS IT OF
01:47 - 57.100 PENNSYLVANIA TO CONTROL THE
01:47 - 59.860 SALE OF DRIVE ANYWHERE. CAN YOU
01:47 - 00.660 HELP ME WITH THAT.
01:48 - 03.500 YES YOU'RE IN THIS PARTICULAR
01:48 - 06.070 CASE, THE THE DELIVERY OF
01:48 - 09.130 THE DRUGS. IS SIMPLY A MOMENT
01:48 - 10.490 THAT OCCURRED OUTSIDE
01:48 - 11.230 OF PENNSYLVANIA.
01:48 - 12.890 >>THE MEANING CURRY IS
01:48 - 14.940 REGARDING THE HOMICIDE ASPECT
01:48 - 16.110 AND THAT'S WHY WE BELIEVE THAT
01:48 - 18.010 THIS FALLS MORE UNDER A
01:48 - 18.830 GENERAL RULE.
01:48 - 23.110 SUBSECTION ONE 7 AND THE UNI
01:48 - 25.770 LATER IN THE 3RD SECTION 4.
01:48 - 28.620 >>CHECKS YEAH, I UNDERSTAND
01:48 - 30.290 THAT UNITED ANSWERING MY
01:48 - 31.150 QUESTION
01:48 - 32.800 ABOUT IT. THE GENERAL
01:48 - 33.580 ASSEMBLY'S
01:48 - 37.140 ANTICIPATION BATH. I MIGHT
01:48 - 39.240 WRITE A STATUTE THAT COUNTY TO
01:48 - 39.670 BRING IT
01:48 - 41.380 TO BE I'M GOING TO BE CONDUCT
01:48 - 43.420 THAT OCCURRED SOMEWHERE ELSE.
01:48 - 45.870 A PROVISION FOR WHY THE
01:48 - 47.870 TRIAL COURT SUPPOSED TO DO OR
01:48 - 49.440 IN DETERMINING WHETHER OR NOT
01:48 - 52.610 THE CASE. I CONTINUE WITHIN
01:48 - 54.050 THAT PARTICULAR COURT OF COMMON
01:48 - 54.640 PLEAS.
01:48 - 57.370 THERE'S NO QUESTION I MEAN I
01:48 - 59.770 THINK YOU YOU YOU AND ME AT
01:48 - 00.260 THAT.
01:49 - 04.430 I'D BE ON I-DRIVE DIED CONTROL
01:49 - 06.450 AFTER THAT WE HAVE A SEAT HERE
01:49 - 08.890 ON SPECIFICALLY REQUIRES
01:49 - 09.790 CONTACT WITHIN THE
01:49 - 10.880 COMMONWEALTH. I MEAN
01:49 - 12.670 THEY COULD THEY COULD STAND IN
01:49 - 14.200 THIS I'D RUN TO LITERALLY
01:49 - 15.720 RESULTING IN DEATH THEY COULD
01:49 - 17.190 NOT REFERRED TO
01:49 - 19.210 ON THAT PARTICULAR PENNSYLVANIA
01:49 - 20.780 STATUTE IN THE HUNDREDS DEAD.
01:49 - 23.380 ANY DRUG DELIVERY THAT RESULTS
01:49 - 24.080 IN DEATH.
01:49 - 27.680 IS ON THIS FIRST DEGREE FELONY
01:49 - 28.800 BUT THAT'S NOT WHAT THE D A.
01:49 - 33.630 >>YOUR OWN IN REGARDS TO THE
01:49 - 35.510 ELEMENT THAT THE DRUG ACT.
01:49 - 37.400 DELIVERY OCCUR IN THE
01:49 - 39.050 COMMONWEALTH. THAT'S NOT
01:49 - 39.910 ENTIRELY
01:49 - 43.250 REPRESENTATION OF WHAT BE A
01:49 - 44.800 SECOND DRUG DELIVERY DEVICE
01:49 - 46.450 COSMETIC ACT ACTUALLY STATES.
01:49 - 48.330 IT SAYS THE FOLLOWING ACTS
01:49 - 50.040 WITHIN THE COMMONWEALTH AND THE
01:49 - 51.750 CAUSING THEIR OF WITHIN THE
01:49 - 53.850 COMMENTS. IF THE LEGISLATURE
01:49 - 56.250 HAD PLACED THE DDR THE STATUTE
01:49 - 59.220 INTO TITLE 35 NEED THE DRUG THE
01:49 - 59.760 DRUG ACT.
01:50 - 02.460 SOME AT LET'S SAY THEY PLACED
01:50 - 04.200 AT THE END I BELIEVE SUBSECTION
01:50 - 06.370 40 IS STILL OPEN. IT'S A PLACE
01:50 - 08.490 IN SUBSECTION 40. THE FACT THAT
01:50 - 10.390 THE DEATHS OCCURRED IN
01:50 - 12.410 PENNSYLVANIA. IF THE DELIVERY
01:50 - 14.280 STILL HAPPENED IN MARYLAND.
01:50 - 16.470 AND IT WAS UNDER THIS TEST.
01:50 - 18.810 ACTS AND THE CAUSING THEIR OF
01:50 - 20.490 WITHIN THE COMMON LAW. THE
01:50 - 21.910 CAUSE OF THE DEATH WITHIN THE
01:50 - 23.000 COMMONWEALTH WOULD HAVE
01:50 - 25.320 SATISFIED. THE STATUTE EVEN IF
01:50 - 26.360 IT WAS ENTIRELY UNDER
01:50 - 26.890 THE DRUG.
01:50 - 29.220 >>AND THEY COUNCIL THE COUNCIL
01:50 - 30.570 OF A CONTROLLED SUBSTANCE TO
01:50 - 32.240 BACK DOESN'T DEAL WITH YEAH.
01:50 - 34.930 THE CONTROLLED SUBSTANCES ACT
01:50 - 35.930 IN THE SECTION THAT YOU'RE
01:50 - 37.680 REFERRING TO REVERSE YOU'VE
01:50 - 37.820 BEEN
01:50 - 39.470 FOLLOWING APP LET'S JUST SAY
01:50 - 41.760 THE DELIVERY OF DRUGS IN
01:50 - 43.300 CAUSING THE AIR ON WITHIN THE
01:50 - 45.230 COMMONWEALTH WHICH WOULD BE THE
01:50 - 46.710 DELIVERY OF DRUGS WITHIN
01:50 - 49.240 THE COMMONWEALTH, A STATUE THAT
01:50 - 50.960 IS ONE OF THE PREDICATE FOR THE
01:50 - 52.950 PROSECUTION UNDER THE GENTLE
01:50 - 53.900 LIVERY RESULTING
01:50 - 56.280 IN DEATH. THIS PARTICULAR PARTY
01:50 - 57.800 THAT ONLY DEALS WITH THE
01:50 - 58.920 DELIVERY SHOT.
01:51 - 02.040 >>THAT'S CORRECT YOUR HONOR
01:51 - 03.590 AND WHEN THE TRIAL COURT DID
01:51 - 05.130 ITS VALUE TO ASIAN AS TO
01:51 - 05.740 WHETHER OR NOT
01:51 - 09.060 JURISDICTION EXISTED. EVALUATED
01:51 - 10.650 THE STEP THE DRUG DELIVERY
01:51 - 11.830 RESULTING IN DEATH STATUTE AS A
01:51 - 13.480 WHOLE AND FOCUSED ON THE FACT
01:51 - 15.270 THAT THE QUESTION OF WHETHER AN
01:51 - 16.700 ELEMENT OF THE OFFENSE. IT
01:51 - 18.540 OCCUR IN PENNSYLVANIA. THE FACT
01:51 - 18.920 THAT THEY
01:51 - 20.820 THE DEATH AND IT'S BASICALLY A
01:51 - 21.860 CONTROVERSY THAT THE DEATH
01:51 - 22.300 OCCURRED
01:51 - 24.390 IN PENNSYLVANIA. THE DEATH
01:51 - 26.420 BEING THE MORE SERIOUS ASPECT
01:51 - 27.960 OF THIS OFFENSE THAT YOU NEED
01:51 - 28.980 TO COUNSEL YOU NEED
01:51 - 30.260 BOTH HEARTS.
01:51 - 33.150 >>BE KIND TO DELIVERY RESULTING
01:51 - 35.500 IN DEATH STATUTE GET YOURSELF
01:51 - 36.590 A CONVICTION.
01:51 - 38.660 >>AND THE FIRST IS A VIOLATION
01:51 - 39.280 OF THE CONTROLLED
01:51 - 41.850 SUBSTANCES ACT. WE DO THAT
01:51 - 43.770 WHICH REQUIRES IT TO OCCUR IN
01:51 - 44.480 THE COMMONWEALTH.
01:51 - 47.560 WE ARE AT AS THE STATUE OR
01:51 - 48.590 FIRST THE CONTROLLED
01:51 - 49.500 SUBSTANCES ACT.
01:51 - 51.470 >>THE DRUG DELIVERY RESULTING
01:51 - 52.420 IN DEATH STATUTE DOES NOT
01:51 - 54.330 INCORPORATE REQUIREMENT THAT
01:51 - 55.460 THE DELIVERY OF CURRENT
01:51 - 56.880 PENNSYLVANIA, EVERYTHING THAT
01:51 - 58.720 IS EXCLUDED FROM THE DRUG
01:51 - 59.850 DELIVERY RESULTING IN DEATH
01:51 - 01.430 STATUTE NOW I'VE GOT NO DOES
01:52 - 02.790 NOT COUNT I MEAN UNLESS I'M
01:52 - 04.360 MISSING SOMETHING EACH AND
01:52 - 05.790 EVERY RESULTING IN DEATH
01:52 - 08.750 REQUIRES A VIOLATION OF THE
01:52 - 10.850 CONTROL OFFENSE INTO THAT LIFE
01:52 - 11.250 AGAIN.
01:52 - 14.980 IT REQUIRES A VIOLATION OF
01:52 - 17.970 THAT CONTROLLED SUBSTANCES ACT.
01:52 - 21.030 YES, YOUR WHAT IT REQUIRES A
01:52 - 22.490 VIOLATION OF THAT PROVISION,
01:52 - 24.140 THE CONTROLLED SUBSTANCES ACT.
01:52 - 26.630 TO THAT AND BECOME A LITTLE
01:52 - 27.930 TOUGHER TO ITS BRIEF COME ALL
01:52 - 30.410 FORCES GERALD AND THE FEDERAL
01:52 - 32.830 CASE IS PURE BETWEEN A
01:52 - 34.470 VIOLATION IS NOT SYNONYMOUS
01:52 - 36.090 WITH CONVICTION. AND DOES NOT
01:52 - 37.320 REQUIRE EVEN THE ABILITY TO
01:52 - 38.260 OBTAIN A CONVICTION.
01:52 - 40.680 IN GENERAL A DEFENDANT WAS
01:52 - 42.450 CHARGED WITH POSSESSION OF
01:52 - 44.110 CONTRABAND INTO PRISON OR
01:52 - 45.110 POSSESSING A SMALL AMOUNT OF
01:52 - 47.030 MARIJUANA. EITHER THE
01:52 - 48.940 CONTRABAND STATUE DOES NOT
01:52 - 50.300 INCLUDE SMALL AMOUNT OF
01:52 - 51.640 MARIJUANA AS AN OFFENSE TO
01:52 - 53.750 WHICH THAT WOULD INVOKE BE.
01:52 - 56.030 THE CONTRABAND PURRS PROVISION
01:52 - 58.260 GENERALLY POSSESSION OF
01:52 - 59.490 CONTROLLED SUBSTANCE TEST.
01:52 - 01.080 NOW IT'S ON POSSESSES A SMALL
01:53 - 02.770 AMOUNT OF MARIJUANA IN THEORY.
01:53 - 04.230 IT COULD ALSO VIOLATE
01:53 - 06.790 THE POSSESSION OF CONTROLLED
01:53 - 09.190 SUBSTANCE STATUTE. HOWEVER, AND
01:53 - 10.360 ARE CONSIDERING A CASE LAW.
01:53 - 12.170 IF YOU VIOLATE SMALL AMOUNT
01:53 - 14.160 YOU'RE NOT TO BE CONVICTED OF
01:53 - 16.430 THE IN THE HIGHER FENCE OF
01:53 - 17.650 POSSESSION OF CONTROLLED
01:53 - 19.510 SUBSTANCE. THEREFORE WHILE IT
01:53 - 19.970 UNDER.
01:53 - 22.380 GARY. WELL WHILE IT'S
01:53 - 24.050 IMPOSSIBLE FOR AN INDIVIDUAL
01:53 - 25.050 POSSESSING A SMALL AMOUNT OF
01:53 - 26.390 MARIJUANA TO BE CONVICTED
01:53 - 28.710 OF SIMPLE POSSESSION UNDER
01:53 - 30.200 SECTION 14 OF THE DRUG ACT.
01:53 - 33.800 IT'S OFFICIAL OR CHARACTER FOR
01:53 - 34.940 THIS TYPE OF SITUATION.
01:53 - 37.550 THE VIOLATION ISN'T THE
01:53 - 39.630 VIOLATION ELEMENT IS MET NOT
01:53 - 40.660 NOT THAT CONVICTION CAN
01:53 - 43.030 BE OBTAINED. BUT AT YOUR
01:53 - 44.820 ACCOUNTS SO WE'LL MOVE ON TO
01:53 - 46.270 SOME OF THE OTHER JUSTICES MAY
01:53 - 47.000 HAVE QUESTIONS.
01:53 - 48.990 >>WE'LL TURN YOU ADJUST
01:53 - 49.560 DAUGHERTY.
01:53 - 53.100 >>I GAIN RISK MY QUESTION.
01:53 - 55.020 GOOD GOOD AFTERNOON.
01:53 - 56.620 >>I WANT MY QUESTION IS A
01:53 - 58.850 FOLLOW-UP OF JUST A STUNNING.
01:53 - 01.990 A VIOLATION OF THE CONTROLLED
01:54 - 02.660 SUBSTANCE.
01:54 - 06.060 IS AN ESSENTIAL ELEMENT IN THE
01:54 - 08.070 DRUG DELIVERY RESULTING IN
01:54 - 10.100 DEATH. THE VIOLATION OF THE
01:54 - 11.970 CONTROLLED SUBSTANCE ACT IS
01:54 - 13.880 GEOGRAPHICALLY RESTRICTED TO
01:54 - 14.740 THE COMMON.
01:54 - 19.280 HOW DO YOU JUSTIFY. I'M HAVING
01:54 - 21.630 A VIOLATION WITH A
01:54 - 23.540 AND B CONFINES OF THE
01:54 - 24.380 GEOGRAPHICAL
01:54 - 26.580 COMMON WELL TO SOME WHO ARE
01:54 - 28.240 YOUR CONVICTION FOR DRUG
01:54 - 29.740 DELIVERY RESULTING IN DEATH.
01:54 - 35.160 >>THE WAY THAT THIS CAN TAKE
01:54 - 36.880 YOUR STATUTES RAIN AS I'VE
01:54 - 37.990 MENTIONED PREVIOUSLY THIS
01:54 - 39.910 STATUE DOES NOT INCORPORATE
01:54 - 41.620 THE TERRITORIAL PUT ABILITY
01:54 - 43.280 PRESENT PROVISION OF THE DRUG
01:54 - 44.690 ACT AND THEREFORE IT SHOULD
01:54 - 45.760 DEFAULT TO THE TERRITORIAL
01:54 - 47.410 CLICK BELIEBERS A POSITION OF
01:54 - 49.720 TITLE 18. HOWEVER, TO GET MORE
01:54 - 50.840 DIRECTLY TO ANSWER THIS
01:54 - 52.930 QUESTION. WHEN AN INDIVIDUAL.
01:54 - 55.340 LET'S SAY APPLYING THE
01:54 - 57.070 SAME STATUTE. LET'S SAY YOU'RE
01:54 - 59.500 A BUT ONLINE PHARMACY IN
01:54 - 01.590 ANOTHER STATE. OR A
01:55 - 03.290 DISTRIBUTOR. LIVERS A.
01:55 - 05.610 AMOUNT OF A CONTROLLED
01:55 - 07.500 SUBSTANCE TO FARSI JUST ACROSS
01:55 - 09.370 THE LINE IN MARYLAND. LET'S SAY
01:55 - 11.560 THAT THEY'VE AND ONLY PURCHASED
01:55 - 13.380 A BULK OF CONTRABAND CONTROLLED
01:55 - 14.780 SUBSTANCE WHICH FALLS UNDER
01:55 - 15.220 ACTOR.
01:55 - 18.070 A PERSON IN PENNSYLVANIA DRIVES
01:55 - 19.120 ACROSS THE BORDER TO THEIR
01:55 - 20.370 NEAREST PHARMACY IN MARYLAND,
01:55 - 22.610 I'S THE DRUGS THAT THEY BELIEVE
01:55 - 23.880 THAT THEY ARE ABLE TO GET WITH
01:55 - 24.490 A PRESCRIPTION
01:55 - 26.390 COMES HOME AND TAKING THIS
01:55 - 27.630 COULD COUNTERFEIT CONTROLLED
01:55 - 29.890 SUBSTANCE. ALL RIGHT. I THINK
01:55 - 31.000 IT IS IN THE INTEREST OF THE
01:55 - 32.490 COMMONWEALTH TO BE ABLE TO GO
01:55 - 33.520 AFTER THE INDIVIDUAL.
01:55 - 35.690 THEY. CAUSE THIS CONTROLLED
01:55 - 36.770 SUBSTANCE WAS COUNTERFEIT
01:55 - 37.730 CONTROLLED SUBSTANCE IN THIS
01:55 - 39.010 CASE. STILL UNDER THE SAME
01:55 - 40.980 SUBSECTION SECTION 30 OF THE
01:55 - 42.300 DRUG DELIVERY DEVICE KOZNICK
01:55 - 42.470 AT.
01:55 - 44.970 IT COULD BE SUBJECT TO
01:55 - 45.950 PROSECUTION TO CAUSING THE
01:55 - 46.320 DEATH.
01:55 - 48.160 >>COUNCIL JUST HYPOTHETICALLY
01:55 - 48.600 SPEAKING.
01:55 - 51.560 THE VIOLATION OF SECTION 13 AID
01:55 - 52.930 WOULD YOU LOOK VERY THAT WOULD
01:55 - 55.120 IN WHO IS ACTUALLY CORRECT IF
01:55 - 56.060 I'M NOT MISTAKEN.
01:55 - 58.210 >>A SIMPLE POSSESSION UNDER 14,
01:55 - 58.560 YES.
01:55 - 00.820 >>NOW MY UNDERSTANDING BASED
01:56 - 02.270 UPON THESE FACTS IS THAT HER
01:56 - 04.260 WHEN HER WE HAVE ARE WHEN WAS
01:56 - 05.920 FOUND ON THE TABLE.
01:56 - 08.810 >>ON THE NIGHT STAND WHEN HE.
01:56 - 10.230 WHEN THEY FOUND THE BODY.
01:56 - 15.560 SO HAD YOU CHARGE HIM WITH
01:56 - 16.460 POSSESSION.
01:56 - 18.600 AT THAT TIME AS OPPOSED TO
01:56 - 19.710 DELIVERY FOR WHICH WAS
01:56 - 21.430 DISTRAUGHT WOULD THAT NOT HAVE
01:56 - 22.660 BEEN MUCH STRONGER CASE FOR THE
01:56 - 24.640 COM. WELL BECAUSE IN FACT HE
01:56 - 25.500 COULD HAVE BEEN
01:56 - 27.350 CONVICTED OF VIOLATION AND
01:56 - 28.640 POSSESSION DESPITE THE FACT
01:56 - 30.580 THAT HE'S DEAD. AS OPPOSED
01:56 - 32.510 TO DELIVERY. WHEN YOU SAY
01:56 - 33.880 VIOLATION WHERE IS THE
01:56 - 36.140 VIOLATION WITH IN. THE
01:56 - 37.710 CONTROLLED SUBSTANCE ACT WITHIN
01:56 - 38.380 YOUR BACK.
01:56 - 41.250 >>THE OWNER OF THE VIOLATION IS
01:56 - 42.380 THE DELIVERY OF CONTROLLED
01:56 - 44.340 SUBSTANCE AND CAUSING THE
01:56 - 45.570 DELIVERY TO OCCUR WITHIN
01:56 - 47.340 PENNSYLVANIA. NOW IN THIS CASE,
01:56 - 48.590 THE AND THE VICTIM
01:56 - 50.620 IN THERE. HE PURCHASED AT THE
01:56 - 51.960 DEFENDANT'S HOUSE WHICH IS JUST
01:56 - 53.040 ACROSS THE LINE IN MARYLAND.
01:56 - 55.190 IN RETURN HOME. IN THIS
01:56 - 56.340 PARTICULAR CASE WE HAVE THE
01:56 - 57.530 BONUS INFORMATION OF
01:56 - 00.250 THE VICTIM HAVING TO CONTACT
01:57 - 01.960 THE DEFENDANT TO OBTAIN THE
01:57 - 03.170 INSTRUCTIONS ON HOW TO USE THIS
01:57 - 03.630 TAPE OF
01:57 - 05.930 OF HEROIN. BASICALLY THIS
01:57 - 07.230 VICTIM HE ONLY USED THE
01:57 - 08.640 POWDERED HEROIN INSERTED
01:57 - 11.250 THIS TYPE WERE GREAT, YOU KNOW
01:57 - 13.060 YOUR THE FACT YOU CAN TELL SO.
01:57 - 14.390 >>WE'RE TRYING TO GET TO THE
01:57 - 15.460 HEART OF THE MATTER AND
01:57 - 17.730 I'M GOING TO ASK JUSTICE WORK
01:57 - 20.850 TO BE AS YOU QUESTION. YOU JUST
01:57 - 24.300 THIS MORNING COUNCIL. I I HAVE
01:57 - 24.970 A BOMB
01:57 - 27.330 QUESTIONS ABOUT SEVERAL OF YOUR
01:57 - 28.870 ARGUMENTS WILL TRY TO CONFINE
01:57 - 29.790 THEM TO A COUPLE.
01:57 - 33.340 >>IS YOUR ARGUMENT THAT EVEN
01:57 - 34.000 THOUGH.
01:57 - 37.180 THE ACTIVE DELIVERY OCCURRED IN
01:57 - 40.160 MARYLAND. BECAUSE THERE WERE.
01:57 - 42.580 >>TEXT MESSAGES BETWEEN A
01:57 - 44.470 PENNSYLVANIA AND MARYLAND ARE.
01:57 - 46.610 >>QUALIFY SOMEHOW FOR THE
01:57 - 47.210 STATUE.
01:57 - 50.120 THAT'S ONE
01:57 - 51.270 ARGUMENT TO MEET YOUR OWN OR
01:57 - 52.650 THAT'S NOT MY PRIMARY ARGUMENT
01:57 - 54.030 BUT THAT IS ONE ARGUMENT THAT
01:57 - 54.710 CAN BE MADE.
01:57 - 56.260 >>AND SO THEN.
01:57 - 59.090 YOU'RE YOU'RE SAYING THAT THE
01:57 - 00.470 REACH OF THE STATUE.
01:58 - 01.840 >>WELL.
01:58 - 05.310 >>ENCOMPASS.
01:58 - 07.650 ANYTHING OCCURRING ANYWHERE
01:58 - 08.940 OUTSIDE OF PENNSYLVANIA.
01:58 - 11.110 SO LONG AS IN PENNSYLVANIA IS
01:58 - 13.660 TEXTING WITH SOMEBODY OUTSIDE
01:58 - 14.380 OF OUR BORDERS.
01:58 - 17.000 IF THAT TEXTING RESULT IN THE
01:58 - 18.070 DEATH OF THE PENNSYLVANIA
01:58 - 19.440 WITHIN THE STATE OF THE
01:58 - 20.510 COMMONWEALTH OF PENNSYLVANIA,
01:58 - 21.480 ARGUABLY YES.
01:58 - 23.060 >>SHOULD YOU GO TO THE GENERAL
01:58 - 24.380 ASSEMBLY TO ASK THEM TO REWRITE
01:58 - 25.620 THE STATUTE INSTEAD OF COMING
01:58 - 26.080 TO US.
01:58 - 29.250 >>IF I HAD DONE SO YOUR HONOR I
01:58 - 30.270 BELIEVE THEY WOULD HAVE HAD THE
01:58 - 31.290 RIGHT THE STATUTE, THE WAY IT'S
01:58 - 33.210 CURRENTLY WRITTEN. ALL RIGHT
01:58 - 34.420 AND WITH REGARD TO THE WAY IT
01:58 - 34.510 IS
01:58 - 36.490 CURRENTLY WRITTEN YOU WANT US
01:58 - 40.350 TO READ SUBSECTIONS 1430.
01:58 - 46.450 SESSIONS 7 8113 WITHOUT.
01:58 - 47.520 SOME
01:58 - 50.620 HOW DO WE MAKE SENSE OF A CALL
01:58 - 52.590 OF A CLAUSE WITHOUT THE ARM
01:58 - 54.040 WITHOUT ITS BEGINNING.
01:58 - 56.430 THE HONORED BECAUSE THE
01:58 - 57.930 LEGISLATURE SPECIFICALLY DID
01:58 - 58.670 NOT INCLUDE THAT
01:58 - 00.730 BEGINNING SECTION. THE FALL THE
01:59 - 01.910 FOLLOWING ACTS AND CAUSING
01:59 - 02.890 THERE WITH A COUPLE OTHER
01:59 - 04.760 THEREBY APPROPRIATE THAT
01:59 - 06.070 PARTICULAR LANGUAGE IS SIMPLY
01:59 - 08.150 NOT INCLUDED. WE DON'T BELIEVE
01:59 - 09.950 IN THE DRUG DELIVERY STATUTES
01:59 - 10.240 ARE.
01:59 - 14.080 AFTER THE 13 YOU SEE THE THE
01:59 - 16.180 SUBSECTION A DON'T YES, YES,
01:59 - 18.270 YOU'RE RIGHT. THOUGH GIVEN THAT
01:59 - 20.180 YOU SEE THE SUBSECTION A THERE
01:59 - 22.850 IS A NONSENSICAL BARR ABOUT
01:59 - 25.830 1430. WITHOUT THEIR CALL OUT
01:59 - 26.940 CLAUSE IN A.
01:59 - 29.270 NO YOUR HONOR IN FACT I WOULD
01:59 - 30.810 ARGUE IT'S NECESSARY THE WAY
01:59 - 32.120 THAT THIS PARTICULAR STATUTE AS
01:59 - 33.640 WRITTEN. IT SPECIFICALLY
01:59 - 35.760 EXCLUDES PREAMBLE PROVISION,
01:59 - 37.180 THE PREAMBLE PROVISION IS AN
01:59 - 37.670 ELEMENT OF
01:59 - 39.620 THE OFFENSE. IT'S A JUROR'S IT
01:59 - 41.050 OR TO PUT THE BILLING IT IT'S
01:59 - 42.620 THE EQUIVALENT OF SECTION ONE
01:59 - 44.820 '02 OF TACKLING TEAM ONLY
01:59 - 46.440 APPLIES TO THE DRUG ACT BECAUSE
01:59 - 48.910 SECTION ONE OR 2 ONLY APPLYING
01:59 - 49.870 TO TELL THE TEAM WOULD NOT HAVE
01:59 - 50.970 APPLIED TO THE DRUG ACT ON ITS
01:59 - 53.540 OWN. NO FURTHER QUESTIONS.
01:59 - 57.660 >>ALMOST OUT OF TIME BUT DAD.
01:59 - 59.760 AND WE HAVE GOT.
02:00 - 03.770 WE ASKED JUST AS MONDAY SHOWS
02:00 - 04.910 ANY QUESTION YOU BEFORE WE
02:00 - 05.800 CONCLUDE.
02:00 - 08.900 >>AND NO QUESTIONS
02:00 - 11.350 THANK YOU. THEY WERE DOWN TO 2
02:00 - 13.810 MINUTES JUST TO SPARE. NO
02:00 - 15.060 QUESTIONS. THANK YOU CHIEF.
02:00 - 16.800 THAT'S JUST TIRED.
02:00 - 21.140 YES CHIEF JUST ONE QUICK
02:00 - 22.080 QUESTION.
02:00 - 24.450 >>THE COMMON WHILE THIS IS
02:00 - 27.050 UNDOUBTEDLY A TRAGIC CASE AND I
02:00 - 29.290 I AGREE WITH YOU COMPLETELY IN
02:00 - 31.150 THAT IT WOULD BE IN THE
02:00 - 32.730 INTEREST OF THE CAR AND WHILE
02:00 - 34.410 TO BE ABLE TO PROSECUTE.
02:00 - 36.620 THIS CASE. THE
02:00 - 39.310 PROBLEM IS PROSECUTING THIS
02:00 - 41.100 CASE IN THE MAY ENTER THAT IT
02:00 - 43.790 WAS CHARGED, DOES NOT SEEM TO
02:00 - 45.590 ME TO BE POSSIBLE UNDER THIS
02:00 - 47.860 STATUTE AND I'LL JUST GIVE YOU
02:00 - 50.270 ONE LAST CHANCE TO TELL ME I'M
02:00 - 50.670 WRONG.
02:00 - 56.130 >>THIS PARTICULAR STATUE
02:00 - 57.780 SIMPLY DOESN'T INCLUDE BEAT HER
02:00 - 59.640 TO A QUICK BILLY PROVISIONS OF
02:00 - 01.590 A DRUG DELIVERY DEVICES AS NECK
02:01 - 01.900 AND ACT
02:01 - 03.130 IF YOU ACTUALLY APPLY TO
02:01 - 04.610 STATUTES THAT ARE SET FORTH
02:01 - 07.320 ENTIRELY OF THE DRUG IN DRUG
02:01 - 08.360 DELIVERY RESULTING IN DEATH
02:01 - 09.860 STATUTE. THAT
02:01 - 11.360 A DELIVERY OCCURRED THE
02:01 - 12.410 DELIVERY WAS A CONTROLLED
02:01 - 13.610 SUBSTANCE AND THEN A DEATH
02:01 - 15.800 OCCURRED THAT COME WITH HAS MET
02:01 - 16.240 ITS BURDEN.
02:01 - 18.470 IN THAT THE ELEMENT OF DEATH
02:01 - 19.130 HAVING OCCURRED
02:01 - 20.850 IN PENNSYLVANIA, SATISFIED THE
02:01 - 21.990 TERRITORIAL CLICK THE BODY
02:01 - 23.320 PROVISIONS OF SECTION ONE '02.
02:01 - 25.470 NOW IF THE.
02:01 - 28.270 UNDER SANCTIONS WERE EXPANDED
02:01 - 29.430 THERE'S ARGUMENTS
02:01 - 32.830 THAT BE FOR THE DEFENDANTS OWN
02:01 - 34.240 WRATH CATION HE'S CONTINUING
02:01 - 36.450 SERVICE OF THE TRANSACTION IN
02:01 - 37.640 PENNSYLVANIA AND THE DEFENDANT
02:01 - 38.400 WHEN THE VICTIM WAS AT
02:01 - 40.370 HIS HOUSE THAT COULD ALSO BE
02:01 - 41.760 ARGUED SAYS FIGHTERS IN THIS
02:01 - 44.710 PARTICULAR CASE. BUT GENERALLY
02:01 - 45.580 SPEAKING YOUR HONOR
02:01 - 47.310 I BELIEVE THAT BEAT HER TO PUT
02:01 - 48.430 THE BILL THE PROVISION OF ONE
02:01 - 48.950 '02.
02:01 - 51.780 18, YOU HAVE TRACY FOR ANY
02:01 - 53.020 OFFENSE INTEGRITY.
02:01 - 56.410 THANK YOU THANK YOU BOTH
02:01 - 57.820 COUNCIL AND THAT WILL CONCLUDE
02:01 - 01.020 >>THE CORPS WILL RECESS TILL
02:02 - 06.010 >>FOCUS ON AGING ADULTS IN
02:02 - 09.440 BRINGS YOU A MONTHLY PANEL
02:02 - 12.720 PRESCRIPTION DRUG PRICES.
02:02 - 16.530 COMMUNITIES AND MORE
02:02 - 21.150 IMPORTANT TO SENIORS FOCUS ON
02:02 - 26.350 ON PCN VISIT PCN TV DOT COM FOR
02:02 - 29.270 THE UPCOMING SCHEDULE.
02:02 - 32.840 TO YOU.
02:02 - 35.870 >>COURT IS BACK IN SESSION THE
02:02 - 37.520 NEXT SEGMENT IS IN THE MATTER
02:02 - 38.990 OF COMMONWEALTH OF PENNSYLVANIA
02:02 - 40.940 VERSUS MICHAEL A LAYMAN AND
02:02 - 41.270 SCOTT
02:02 - 43.370 CHARLES DAVIS REPRESENTING COME
02:02 - 44.830 OFF JAMES ZAHN
02:02 - 46.790 TOLD WHICH REPRESENTING SCOTT
02:02 - 48.340 CHARLES DAVIS IS A TURNING
02:02 - 50.390 MARK LIPPMAN REPRESENTING
02:02 - 52.490 MICHAEL A LEHMAN IS A TRADE WAR
02:02 - 53.060 YOST.
02:02 - 56.770 GOOD AFTERNOON. I'M NOT.
02:02 - 59.170 PLEASE REACH CONVICTED AND
02:02 - 00.750 SENTENCED TO LIFE IMPRISONMENT.
02:03 - 03.730 URGED ME WHEN THEY WERE JUBA.
02:03 - 06.610 POLICE TO
02:03 - 08.760 RE SENTENCE AFTER A MANDATORY
02:03 - 09.910 LIFE PRISON TERMS FOR
02:03 - 11.960 JUVENILES. WE'RE DECLARING
02:03 - 14.640 UNCONSTITUTIONAL. AS PART OF
02:03 - 14.920 THE NEW
02:03 - 17.800 7 C. THE TRIAL COURT ORDERED
02:03 - 19.130 POLICE TO PAY THE COSTS
02:03 - 21.960 ASSOCIATED WITH $0.3 E C.
02:03 - 25.020 THE SUPREME COURT VACATED THE
02:03 - 25.910 COST WORSE
02:03 - 28.240 NEW YORKERS. THE CONCLUDING
02:03 - 29.560 THAT TRIAL COURTS LACKED
02:03 - 31.660 THE AUTHORITY REQUIRE THE
02:03 - 33.750 PAYMENT OF THE COSTS FOR REAL
02:03 - 35.850 WORRY SENTENCING WHEN AN
02:03 - 37.460 ILLEGAL SENTENCE HAD BEEN SET
02:03 - 39.890 ASIDE. THE COMMONWEALTH BE
02:03 - 43.830 CHALLENGING THAT. HE. BEGIN
02:03 - 44.520 YOUR ARGUMENT.
02:03 - 47.500 PLEASE THE COURT AND IN MY NAME
02:03 - 49.120 IS JAMES HIM TO BE TRIPS INCOME
02:03 - 50.960 WILL ANSWER A NEW INDUSTRIES
02:03 - 53.110 OFFICE. THE
02:03 - 55.590 THE CALLS ARE DONE IN THIS CASE
02:03 - 57.000 IS PRETTY CLEAR WHERE OUR
02:03 - 58.290 POSITION IS THAT THE SPEAR
02:03 - 58.660 COURT.
02:03 - 00.620 >>EXCEEDED THE EXISTING CASE
02:04 - 00.740 LAW
02:04 - 02.700 OF PENNSYLVANIA. THIS THE
02:04 - 04.120 ATMOSPHERE CORIN THERE PANEL
02:04 - 06.050 OPINIONS DECIDED TO COME OVER
02:04 - 07.690 SAYS WEAVER PAY SCREAM COURT
02:04 - 09.470 CASE KAMEL FORCES GUARDING
02:04 - 12.130 THEM. MAYBE THERE ARE THEIR
02:04 - 13.910 POSITION THAT IT WAS ISSUE OF
02:04 - 15.890 COSTS IN A RECENT STING IS
02:04 - 16.960 SIMPLY UNCONSTITUTIONAL.
02:04 - 18.670 THE COMMONWEALTH HAS REVIEWED
02:04 - 19.860 THESE CASES THAT WERE SAYING TO
02:04 - 21.580 BUY THE SPEAR COURT AND THAT IS
02:04 - 22.670 NOT WHAT THESE CASES STAND FOR
02:04 - 23.030 IT ALL.
02:04 - 27.350 GARZON SPECIFICALLY THE SPEAR
02:04 - 29.380 COURT HELD THAT WHERE A TRIAL
02:04 - 30.400 COURT MAKES A FACTUAL
02:04 - 31.770 DETERMINATION. AT THE
02:04 - 33.250 COMMONWEALTH HAS ACTED IN BAD
02:04 - 35.850 FAITH OR ENGAGE US IN EAST.
02:04 - 38.810 AND THAT IT IS WITHIN THE TRIAL
02:04 - 41.340 DISCRETION TO NOT
02:04 - 43.580 IMPOSE COSTS REGARDING THAT WE
02:04 - 44.710 STIR MALFEASANCE APPOINT A
02:04 - 46.850 DEFENDANT. TO THAT IN THE
02:04 - 48.010 COMMONWEALTH HAS NO OBJECTION
02:04 - 49.620 TO THE IMPOSITION OF LEVER IN
02:04 - 51.210 OUR ZONE THAT SEEMS LIKE A
02:04 - 52.590 COMPLETELY REASONABLE POSITION.
02:04 - 56.060 IT'S THE BARRING OF TRIAL
02:04 - 57.320 COUNSEL FROM IMPOSING
02:04 - 59.290 COSTS REGARDING RECENT SING
02:04 - 00.110 THAT BECOME DIS
02:05 - 03.010 AGREES WITH. RESEARCH CASE LAW
02:05 - 04.640 UNITED STATES IN AS WELL AS
02:05 - 06.560 PENNSYLVANIA WHO DO NOT APPEAR
02:05 - 06.620 TO
02:05 - 08.730 BE ANY CASE ON AT LEAST THIS
02:05 - 09.800 OFFICE WAS ABLE TO FIND IN
02:05 - 12.900 SUPPORT OF THE POSITION THAT
02:05 - 14.820 IT SIMPLY UNCONSTITUTIONAL.
02:05 - 17.270 IMPLYING THE U.S. SUPREME COURT
02:05 - 18.450 CASE LAW THAT EXISTS.
02:05 - 21.510 THE TEST AND THEN IS SET FORTH
02:05 - 23.520 IN GRIFFIN VERY PERSON OWN WAY.
02:05 - 26.430 U.S. SUPREME COURT. 3, 5, ONE
02:05 - 29.450 US 1219 56. HE SAID THAT THE
02:05 - 31.160 TEST FOR IMPOSITION OF COST AND
02:05 - 33.500 FEES. THE TEST AND RATIONALITY
02:05 - 34.730 AND THAT STATES NEED FOR
02:05 - 36.120 REVENUE TO OFFSET COSTS
02:05 - 38.030 GENERALLY SATISFIED THE REST OF
02:05 - 39.940 YOUR CAR. WE WOULD
02:05 - 41.850 AGREE THAT THERE'S ACTION
02:05 - 44.060 AND WEAVER. OUR TEST OF
02:05 - 45.520 RATIONALITY IS A RATIONAL TO
02:05 - 48.120 IMPOSE A COST WHERE THE COST
02:05 - 50.330 HAS BEEN CAUSED BY CANDLES IN A
02:05 - 51.480 FEE AND SNOW THAT IS NOW
02:05 - 53.320 RATIONAL REASONABLE IN THIS
02:05 - 55.530 CASE. WE HAVE 2 JUVENILE LIFERS
02:05 - 58.910 WHO WE'RE REQUIRED TO BE RECENT
02:05 - 00.070 THEIR SENTENCES WERE VACATED
02:06 - 01.420 THEREFORE THEY WERE EXISTING IN
02:06 - 02.820 A SITUATION WHERE THERE WAS NO
02:06 - 03.910 SENSE THEREFORE THEIR
02:06 - 05.110 CONVICTIONS ARE NOT FINAL AT
02:06 - 05.950 THE TIME THAT WE HAD YOU
02:06 - 08.470 SENSING HERE. WE DID
02:06 - 09.520 THE EVALUATIONS
02:06 - 11.970 AND IN THESE 2 CASES THAT ARE
02:06 - 13.810 CONTESTED HEARINGS AND DEFENSE
02:06 - 15.580 COUNSEL PRESENTED THEIR EXPERTS
02:06 - 18.610 WHICH WE SAY TO IN OUR GRIEF AS
02:06 - 19.870 TO WHAT WAS BEING
02:06 - 22.620 REQUESTED AB. PERCENT BOTH THE
02:06 - 24.090 DEFENSE EXPERTS WERE SAYING
02:06 - 25.380 THAT THE JUVENILE SHOULD HAVE
02:06 - 27.090 LESS TIME MCCONNELL'S EXPERT
02:06 - 28.200 WAS SAYING MISSION MORE TIME
02:06 - 30.080 I WOULD NOTE BECOMES EXPERT IN
02:06 - 31.370 ONE OF THE CO-DEFENDANTS CASES
02:06 - 32.100 TO MISTER LEHMANN.
02:06 - 34.130 WAS AGREED TO BY DEFENSE
02:06 - 35.310 COUNSEL AND WE DIDN'T NEED TO
02:06 - 37.340 HAVE THE COST OF AN EXPERT
02:06 - 37.840 TESTIFY.
02:06 - 41.490 IN LIGHT OF THIS WE BELIEVE
02:06 - 43.240 THAT THE IMPOSITION OF COST BY
02:06 - 45.070 THE TRIAL COURT WAS NOT AN
02:06 - 46.420 UNCONSTITUTIONAL IN POSITION.
02:06 - 48.600 THEY'RE GOING TO QUESTION I'VE
02:06 - 49.570 SEEN IN SOME OF THE MAKE HIS
02:06 - 51.560 BRIEFS WHETHER OR NOT IN A
02:06 - 53.090 POSITION OF COST OF RE
02:06 - 54.870 SENTENCING. SEATS COST OF
02:06 - 57.280 PROSECUTION. TO THAT I WOULD
02:06 - 58.380 SAY THAT THE PENNSYLVANIA
02:06 - 59.780 SUPREME COURT HAS SPECIFICALLY
02:06 - 01.510 DEFINE COST OF PROSECUTION
02:07 - 03.900 AS INCLUDING THE SECOND COST I
02:07 - 05.520 WOULD REFER TO THE CASE SAY TO
02:07 - 06.050 MY BRIEF.
02:07 - 08.300 I'M ALL FOR SAYS MARKET YOUR
02:07 - 09.970 BRIEF AND NOW WE APPRECIATE YOU
02:07 - 10.380 OWNING
02:07 - 10.890 THE DEAD.
02:07 - 13.320 >>WE'VE GOT TO ASK YOU TO LIMIT
02:07 - 15.170 THAT TO 3 MINUTES SHARE WHICH
02:07 - 16.680 IS NOW OVER SO.
02:07 - 20.460 >>WELL. IT ASKED THE JUSTICES
02:07 - 20.830 THAT.
02:07 - 24.250 TO POSE TO ANY QUESTIONS YOU
02:07 - 26.360 MIGHT AND STARTING WITH JUSTICE
02:07 - 28.960 OR DIRTY. IF
02:07 - 29.930 YOU COUNCIL.
02:07 - 32.190 >>WITH REGARD TO THE SPECIFIC
02:07 - 33.960 STATUTE WHICH YOU KNOW REALLY
02:07 - 36.060 ITS DISCRETION.
02:07 - 39.280 THE COURT TO DETERMINE WHETHER
02:07 - 40.800 IT SHOULD BE PAID FOR THE
02:07 - 41.760 DISTRICT ATTORNEY'S
02:07 - 44.230 INVESTIGATION. APPREHENSION AND
02:07 - 46.860 PROSECUTION. IT DOES NOT
02:07 - 49.030 SAY SENTENCING SENTENCING
02:07 - 50.850 BEING SEPARATE AND DIFFERENT
02:07 - 53.140 FROM THE PROSECUTION WHERE THE
02:07 - 54.640 BURDEN ON YOU BEYOND A
02:07 - 56.510 REASONABLE DOUBT. WHY
02:07 - 59.100 SHOULD WE BUT SOMETHING INTO
02:07 - 01.140 A STATUE THAT THE GENERAL
02:08 - 04.310 ASSEMBLY CHOSE NOT. VERY GOOD
02:08 - 06.430 AND THAT IS SPECIFICALLY WHY
02:08 - 07.470 WAS REFERRING TO COME WALKER
02:08 - 09.660 SAYS THE. IN CARMEL FOR SUNDAY
02:08 - 10.930 BE THE PENNSYLVANIA SUPREME
02:08 - 13.660 COURT. IN 1974,
02:08 - 15.550 SPECIFICALLY DECIDED THAT'S
02:08 - 17.290 WHERE THE LEGISLATURE IMPOSE A
02:08 - 19.120 REQUIREMENT THAT QUOTE.
02:08 - 21.530 MADE ALL PERSONS CONVICTED OF A
02:08 - 23.250 CRIME LIABLE FOR THE COST OF
02:08 - 24.830 THEIR PROSECUTION. THE
02:08 - 25.990 PENNSYLVANIA SUPREME COURT
02:08 - 28.490 HELD. QUOTE IT IS CLEAR THE
02:08 - 30.080 LEGISLATURE INTENDED TO INCLUDE
02:08 - 32.240 IN IN THE COST A FORTUNE IF
02:08 - 33.690 CONVICTED PERSONS LIABLE.
02:08 - 35.670 THE COST OF ALL PROCEEDINGS.
02:08 - 37.360 WRECK WAS IT. FINALLY THE
02:08 - 37.930 DISPOSITION OF
02:08 - 39.230 THE CASE BUT PERCENT OF
02:08 - 40.440 KNOWLEDGE ON SPEC BACK
02:08 - 43.320 EXTRADITION CASE RIGHT.
02:08 - 45.480 >>IT WAS ACTUALLY A PAROLE
02:08 - 46.180 VIOLATION CASE,
02:08 - 47.800 YOUR HONOR. THIS IS SOMETHING
02:08 - 49.770 CALLED SENT TO THE CRIME THEM
02:08 - 51.230 CORRECT. BUT THEY BUT THE
02:08 - 52.830 PROBLEM WAS THAT THE DEFENDING
02:08 - 54.470 CONTESTED THE JURISDICTION.
02:08 - 56.860 MAD TO BE EXTRADITED SOMETHING
02:08 - 58.570 THAT HE OR SHE CAUSED THE ON
02:08 - 00.380 THEIR OWN. THE ELECTION AS
02:09 - 02.710 OPPOSED TO A SUPREME COURT
02:09 - 03.700 FINDING THEM IN A LEGAL
02:09 - 05.470 SENTENCE POSING A RECENT.
02:09 - 09.010 I CAN EASILY DISTINGUISHED 81
02:09 - 09.580 LCA.
02:09 - 12.090 >>THE OWNER THERE'S NOT A WHOLE
02:09 - 14.320 LOT ON THIS THE QUESTION AS TO
02:09 - 16.120 WHETHER I I GUESS MY MY MAIN
02:09 - 18.890 QUESTION IS OR IS THE ARGUMENT
02:09 - 20.260 WHETHER IT SIMPLY CAN'T BE
02:09 - 22.990 IMPOSED OR WHETHER IT CAN BE
02:09 - 23.700 IMPOSED UNDER
02:09 - 25.620 REASONABLE CIRCUMSTANCES IF WE
02:09 - 27.290 LOOK AT ME WHEN THE LEGISLATURE
02:09 - 28.870 RIGHT THERE LAWS LEGISLATURE'S
02:09 - 30.470 FORCED TO RELY ON WHAT EXISTS
02:09 - 32.550 DAVIES BASICALLY WHAT EXISTS
02:09 - 34.380 AND IT SPECIFICALLY SAYS IT
02:09 - 36.310 INCLUDES ALL PROCEEDINGS
02:09 - 37.170 REQUISITE FOR FINAL
02:09 - 37.780 DISPOSITION.
02:09 - 41.870 I'M THE BEST SHE REFERRING
02:09 - 43.520 TO COST OF PROSECUTION, THE
02:09 - 44.760 LEGISLATURE CAN REASONABLY
02:09 - 46.060 RELIED THAT THAT'S WHAT WOULD
02:09 - 47.080 BE IN TURKEY WOULD CONTINUE TO
02:09 - 47.890 BE INTERPRETED TO BE.
02:09 - 50.650 >>BUT WE CAN ALSO FOLLOW YOUR
02:09 - 51.230 LOGIC WE
02:09 - 53.360 CAN INTERPRET WE BURNED OR ZONE
02:09 - 54.970 IS BEING SINCE THEY WERE ALL IN
02:09 - 57.180 STRIDE. THE PROSECUTION AND THE
02:09 - 58.430 DEFENDANT DID NOT HAVE TO BEAR
02:09 - 00.230 RESPONSIBILITY. THIS RE
02:10 - 01.910 SENTENCING WAS CAUSED BY THE
02:10 - 03.320 UNITED STATES SUPREME COURT
02:10 - 04.960 THEREFORE NOT RESPONSIBLE GOOD
02:10 - 05.250 FUN.
02:10 - 08.520 THEY'RE NOW FOR NOW I WOULD
02:10 - 09.490 DISAGREE WITH THAT YOUR HONOR
02:10 - 10.460 IN IN THIS CASE.
02:10 - 12.900 >>HAD BE THE SITUATION NEVER
02:10 - 14.970 EXISTED AND HE HAD THIS SENSE
02:10 - 16.890 THE SCHEME THAT WE HAVE NOW OUR
02:10 - 18.090 DIFFERENT IN OUR JUVENILE
02:10 - 19.820 DISSENT IN JUVENILE LIFER IT'S
02:10 - 21.900 SUBJECT TO A MANDATORY MINIMUM
02:10 - 23.220 AND THEN.
02:10 - 26.250 MAXIMUM OF A MANDATORY LIFE.
02:10 - 28.800 EVEN TODAY. IF WE WANT TO
02:10 - 30.740 EITHER. ASKED THE COURT FOR
02:10 - 31.570 SOMETHING THAT'S ABOVE THE
02:10 - 33.280 MANDATORY MINIMUM OR
02:10 - 35.070 WE WANT TO PURSUE A LIFE
02:10 - 35.990 WITHOUT PAROLE, WHICH REMAINS
02:10 - 37.090 AN OPTION IF WE CAN SHOW IN
02:10 - 38.690 COURT ABILITY. WE WOULD HAVE
02:10 - 40.020 HAD TO CLOSE THIS COST THE
02:10 - 41.450 REGION TIME. THE FACT THAT
02:10 - 43.200 THOSE COSTS NEVER EXISTED.
02:10 - 44.720 IN THE FIRST TIME IN THE FIRST
02:10 - 46.900 SENSING IT'S NOT I MEAN THAT
02:10 - 48.450 THIS NEVER EXIST IN THIS CASE
02:10 - 51.180 HAD THE ERROR. FORT LEE
02:10 - 53.460 ARGUABLY IT'S AN ERROR FOR THE
02:10 - 55.910 ORIGINAL SENTENCING. THESE
02:10 - 58.220 COSTS WERE NOT P COSTS. THEY
02:10 - 59.540 WERE NOT PLUS THAT SHOULD HAVE
02:10 - 00.690 NEVER BEEN CLOSE THESE ARE
02:11 - 02.570 COSTS IF THIS PRACTICE
02:11 - 03.770 REPRESSED YOU TODAY WILL
02:11 - 05.610 BE REQUIRED AND SIMPLY WEREN'T
02:11 - 06.470 REQUIRED OF THE DIFFERENT
02:11 - 07.290 TODAY, SO IT'S NOT A
02:11 - 08.970 DUPLICATION OF COST. IT'S NOT
02:11 - 10.480 A WASTE AND THEREFORE WE
02:11 - 11.570 BELIEVE IT'S APPROPRIATE FOR
02:11 - 12.790 HIM TO BE IMPOSED IN THIS CASE.
02:11 - 13.860 THANK YOU.
02:11 - 17.220 ACT. THANK YOU CHIEF JUSTICE
02:11 - 19.160 COUNCIL. THE STATUTE
02:11 - 21.220 SAYS THAT THE DEFENDANT MUST
02:11 - 23.690 PAY THE COST OF PROSECUTION AND
02:11 - 24.620 TRIAL.
02:11 - 27.310 >>IF PROSECUTION.
02:11 - 30.350 INCLUDES EVERYTHING INCLUDING
02:11 - 32.020 SENTENCING WHAT'S THE PURPOSE
02:11 - 33.380 OF WORDS IN TRIAL.
02:11 - 37.370 >>I WOULD SAY YOUR HONOR IT
02:11 - 38.920 COSTS THAT WE DO WE COLLUDE THE
02:11 - 41.620 COST OF PROSECUTION. THAT GO
02:11 - 42.770 BEYOND TRIAL.
02:11 - 46.560 ANY TYPE OF SITUATION WHERE
02:11 - 47.750 WE'RE DOING A PRE TRIAL.
02:11 - 51.280 EXTRADITION IF YOU'RE DOING
02:11 - 52.540 PRETRIAL HEARINGS IF WE'RE IN
02:11 - 54.260 THE JUVENILE COURT. AND WE ARE
02:11 - 55.230 SEEKING TO HAVE SOMEONE
02:11 - 56.390 CERTIFIED TO ADULT COURT.
02:11 - 58.820 THOSE TAPES OF COSTS WOULDN'T
02:11 - 59.790 BE TRIAL. BUT THEY WOULD BE
02:11 - 00.670 COSTS RELATED TO THE
02:12 - 03.380 PROSECUTION. BY
02:12 - 05.410 STATING THAT SUPPRESSED YOU
02:12 - 06.700 SURE TO BE IMPOSED UPON AN
02:12 - 09.110 ADULT AND FOR ME. TREND THAT'S
02:12 - 10.100 CONVICTED AS AN ADULT.
02:12 - 12.000 WE BELIEVE INCORPORATE ALL
02:12 - 13.280 THOSE COSTS INCLUDING PROBATION
02:12 - 14.680 VIOLATIONS AND SUBSEQUENT
02:12 - 16.190 ISSUES SUCH AS PC ARIAS.
02:12 - 19.480 LET ME ASK
02:12 - 23.860 YOU RECOGNIZE
02:12 - 26.540 THAT IN THE BATS CASE WE WE
02:12 - 28.100 ANTICIPATED JOB
02:12 - 29.820 THAT EXPERTS ARE GOING TO BE
02:12 - 31.670 NEEDED IN MOST OF THESE CASES
02:12 - 33.090 THESE POSTS, MONTGOMERY CASES,
02:12 - 33.440 RIGHT.
02:12 - 35.560 >>YES, SURE YOU RECOGNIZE THAT
02:12 - 39.560 SO. AS A CONSTITUTIONAL MATTER.
02:12 - 41.020 HOW
02:12 - 43.630 CAN WE HOW CAN WE JUDGE
02:12 - 46.640 THESE INMATES WOULD
02:12 - 49.270 BE ON NOTICE THAT 35 YEARS OR
02:12 - 50.500 WHATEVER ON ON.
02:12 - 53.610 THIS KIND OF A SEA CHANGE IN
02:12 - 55.560 THE LAW IS GOING TO OCCUR HOW
02:12 - 57.570 CAN PUTTING ASIDE ALLEGATIONS
02:12 - 59.250 OF MALFEASANCE IS NO ALLEGATION
02:12 - 00.380 IN THIS CASE OF COMMONWEALTH
02:13 - 02.600 MALFEASANCE HOW DO WE PUT THE
02:13 - 03.310 BURDEN.
02:13 - 06.700 ON THE INMATE AT THIS POINT.
02:13 - 08.440 WHEN THE SUPREME COURT OF THE
02:13 - 10.420 UNITED STATES HAS MADE.
02:13 - 13.570 THIS A SEA CHANGE IN THE LAW.
02:13 - 18.610 YOU'RE DOING NEVER GUARD IS
02:13 - 20.650 TWOFOLD FIRST WOULD BE IF
02:13 - 21.710 YOU'RE LOOKING AT FROM AN EX
02:13 - 23.200 POST FACTO TYPE SITUATION.
02:13 - 24.770 >>THE ARGUMENT
02:13 - 26.980 IS THAT BY IMPOSING A LESSER
02:13 - 28.170 TYPE OF SITUATION ARE GRANTING
02:13 - 30.090 THE DIFFERENT ABILITY TO PURSUE
02:13 - 31.330 A SENTENCE THAT IS LESSER THAN
02:13 - 32.240 WHAT WAS IMPOSED.
02:13 - 34.240 THE FACT THAT THERE'S A COST TO
02:13 - 35.350 RECEIVE THAT BENEFIT.
02:13 - 37.500 SHOULD NOT BE JUST A BOON
02:13 - 38.340 GRANTED TO THE DEFENDANT.
02:13 - 42.060 I MEAN, AS I NOTED PREVIOUSLY
02:13 - 42.860 IN MY HEART MY
02:13 - 44.040 OPENING STATEMENT. THERE ARE
02:13 - 45.570 DEFENDANTS SPECIFICALLY YOUR
02:13 - 46.980 COUNTY DEFENDANTS AMONG OUR I
02:13 - 48.520 BELIEVE WE HAD 12 A JUVENILE
02:13 - 50.690 LIFERS I RECALL THESE 2, 1, OF
02:13 - 51.680 WHICH WAS MISTER LEHMAN'S
02:13 - 53.480 CO-DEFENDANT. WE STIPULATED
02:13 - 55.260 2 EXPERTS THERE WAS NO COST OF
02:13 - 56.370 EXPERT TESTIMONY IN THOSE
02:13 - 58.000 CASES. WE WERE IN AGREEMENT
02:13 - 59.790 WE'RE TALKING ABOUT THE CASES
02:13 - 01.030 WHERE THERE IS A COST
02:14 - 04.210 I'M
02:14 - 07.340 IS IS NOT IT
02:14 - 10.620 CAN TO MAKING THE DEFENDANT
02:14 - 13.010 PAY FOR THE INVOCATION OR OF
02:14 - 14.570 AILMENT OF A CONSTITUTIONAL
02:14 - 14.910 RIGHT.
02:14 - 18.820 IN REGARDS TO
02:14 - 20.250 MAKING A DIFFERENT PAY FOR
02:14 - 21.420 INDICATION OF CONSTITUTIONAL
02:14 - 21.630 RIGHT.
02:14 - 24.590 THE QUESTION SET FORTH BY THE
02:14 - 25.970 U.S. SUPREME COURT IS WHETHER
02:14 - 28.300 OR NOT WE ARE THE IMPOSITION OF
02:14 - 30.310 A COST IMPOSE A BAR, SOMETHING
02:14 - 31.250 THAT WOULD PREVENT THEM FROM
02:14 - 33.020 EXERCISING THEIR RIGHT. NONE OF
02:14 - 34.340 THE SITUATIONS. THE
02:14 - 36.360 DEFENSE PRECLUDED BY SOME SORT
02:14 - 37.550 OF A CROSS FROM TRASHING
02:14 - 39.530 PURSUING THEIR THEIR HOPE WAS
02:14 - 41.400 OBSCENE. I MEAN ALL OF
02:14 - 43.650 THESE CASES. THE DEFENSE HAD
02:14 - 45.380 BAD TO EXPERTS APPOINTED BY THE
02:14 - 47.130 COURT. THE COMMONWEALTH HAD
02:14 - 48.540 GOOD SEEK ITS OWN EXPERTS
02:14 - 49.690 BASICALLY A RESPONSE
02:14 - 51.790 OF EXPERTS. OUR AT LEAST IN ONE
02:14 - 53.020 CASE I BELIEVE THAT THE COUNT
02:14 - 54.990 WAS THE ONLY A PARTY TO SEE YOU
02:14 - 55.400 NEXT HOUR.
02:14 - 57.960 I BELIEVE THAT MIGHT BE ONE OF
02:14 - 59.020 THE ONE WHERE YOU ARE IN
02:14 - 59.370 AGREEMENT.
02:15 - 04.190 GENERALLY SPEAKING YOUR HONOR I
02:15 - 05.510 BELIEVE I WOULD ARGUE THAT
02:15 - 06.790 GOOD. THERE'S SIMPLY NO
02:15 - 08.060 CONSTITUTIONAL VIOLATION.
02:15 - 10.210 PERSON COULD REASONABLY EXPECT
02:15 - 11.270 AS LONG AS THEY CONTINUE TO
02:15 - 12.620 APPEAL THERE MAY BE COSTS
02:15 - 13.730 ASSOCIATED WITH THAT APPEAL.
02:15 - 17.720 AND JUST
02:15 - 19.650 AS MONEY. THERE ARE NO
02:15 - 20.390 QUESTIONS.
02:15 - 24.110 >>WHEN YOU
02:15 - 26.660 LOOK AT. FOR KING AS GREECE
02:15 - 28.080 SIMILAR TO WHAT JUSTICE WHAT TO
02:15 - 28.570 ASK YOU.
02:15 - 30.550 IT TALKS ABOUT WHERE DEFENDANT
02:15 - 32.080 IS CONVICTED AND SENTENCED TO
02:15 - 33.680 PAY THE COST OF PROSECUTION AND
02:15 - 34.090 TRIAL.
02:15 - 38.490 THAT THE PROCESS BY WHICH A
02:15 - 40.630 CRIMINAL DEFENDANT IS FOUND
02:15 - 43.250 GUILTY IN THE END INCARCERATED.
02:15 - 47.350 PRESUMABLY PURSUANT TO
02:15 - 49.270 THE SENTENCE. HERE DON'T WE
02:15 - 49.460 HAVE
02:15 - 52.020 THE OPPOSITE. HERE WE HAVE A
02:15 - 54.750 PROCESS SOME 3040 YEARS LATER.
02:15 - 56.100 WHERE THERE IS
02:15 - 57.700 NO CONVICTION. THERE IS
02:15 - 00.230 NO TRIAL AND NOT ONLY IN THE
02:16 - 01.690 SENSE IS NOT ABOUT PUTTING HIM
02:16 - 03.110 IN THE JAIL, THE RE SENTENCING
02:16 - 05.130 ABOUT IN ACCORD WITH A FEDERAL
02:16 - 06.510 COURT ORDER IN THE U.S. SUPREME
02:16 - 08.280 COURT PRECEDENT ALLOWING HIM TO
02:16 - 08.990 GET OUT OF JAIL.
02:16 - 11.230 SO AS A MATTER OF STATUTORY
02:16 - 13.070 INTERPRETATION THIS. THERE'S
02:16 - 14.760 THIS IT AND HOW DOES THIS
02:16 - 15.570 POSSIBLY FIT.
02:16 - 18.980 >>THE PROCEDURAL
02:16 - 21.220 POSTURE OF ALL CASES AT SENSING
02:16 - 23.350 IS THAT UNDER PCR 8 AND THE
02:16 - 23.880 FEDERAL HE'D
02:16 - 26.110 USE APPLICATIONS THE SENTENCES
02:16 - 27.650 OF LIFE WITHOUT PAROLE WERE
02:16 - 29.500 VACATED THIS RENDERING THEM IN
02:16 - 31.090 THE POSITION OF THEIR PUSH
02:16 - 33.010 TRIAL HAVING BEEN FOUND GUILTY
02:16 - 34.410 OR ENTERED THEIR
02:16 - 36.410 GUILTY PLEA BUT THEY ARE PRE
02:16 - 37.980 SENTENCING. SO AT THE POINT
02:16 - 39.500 WHERE SENTENCE WAS NEW SAYS
02:16 - 41.010 WAS REIMPOSED THESE WERE NOT
02:16 - 42.580 FINAL CONVICTIONS BECAUSE THEIR
02:16 - 44.350 THEIR SENSES HAD BEEN VACATED
02:16 - 46.000 BY THE APPELLATE COURTS THAT
02:16 - 47.570 IT'S A CONVENIENT FICTION.
02:16 - 49.550 I'M NOT I'M NOT SURE IT'S IT'S
02:16 - 50.420 A REALITY.
02:16 - 52.730 APROPOS APPRECIATED SOME
02:16 - 53.920 BINDING US, BUT THIS FEAR
02:16 - 55.890 OF COURT SAID IT WOULD BE AN
02:16 - 57.500 CAUGHT I THINK IN WEAVER SAID
02:16 - 59.470 IT WOULD BE UNCONSCIONABLE TO
02:17 - 01.970 IMPOSED THE SENTENCE.
02:17 - 04.590 IN AND POSE THE COST OF ICE
02:17 - 06.220 THESE PEOPLE FOR VINDICATING
02:17 - 07.880 THEIR CONSTITUTIONAL RIGHTS I
02:17 - 08.930 DIDN'T HEAR THEY BOTH OUT OF
02:17 - 09.370 JAIL.
02:17 - 11.450 IF
02:17 - 13.460 YOU KNOW I BELIEVE I WOULD HAVE
02:17 - 14.890 TO DEFER TO DEFENSE COUNSEL NOW
02:17 - 16.020 AND I BELIEVE HE REALLY IS
02:17 - 17.500 DEFINITELY I CAN REMEMBER THOSE
02:17 - 19.170 ARE. WELL THE POINT IS THAT
02:17 - 21.440 THEY SUCCEEDED IF YOU WOULD
02:17 - 22.650 PREVAIL THEY BOTH BE
02:17 - 24.880 INCARCERATED FOR INDEFINITE
02:17 - 26.830 FUTURE. SO I DON'T KNOW QUITE
02:17 - 28.500 HOW YOU YOU CHARGED WITH THESE
02:17 - 28.960 COSTS.
02:17 - 32.090 YEAH, I DID YOU MAKE YOUR
02:17 - 33.530 ARGUMENT CHIEF I'VE NOTHING
02:17 - 35.030 STEP THINK YOU JUST HIDE.
02:17 - 37.610 THE CHIEF JUSTICE.
02:17 - 40.100 >>AND SO WE WERE
02:17 - 40.770 TO ACCEPT.
02:17 - 44.150 >>HERE IN THIS CASE IS THERE
02:17 - 44.390 ANY
02:17 - 46.840 LIMITING PRINCIPLE FIRST
02:17 - 49.570 HYPOTHETICALLY ONE AND SAW CASE
02:17 - 51.540 WENT UP ON APPEAL 2 OR 3 TIMES
02:17 - 52.170 TIMES.
02:17 - 55.400 IT'S TIME THE SENTENCES VACATED
02:17 - 57.870 AND IT COMES BACK DOWN OR A NEW
02:17 - 00.130 SENTENCING HEARING. ARE WE
02:18 - 01.340 GOING TO LOVE
02:18 - 04.570 SANCTION IMPOSED ON SOME OF THE
02:18 - 06.060 DIFFERENT IN EACH TIME.
02:18 - 08.720 >>I BELIEVE THAT'S WHERE THE A
02:18 - 10.290 GUARD'S OWN TYPE SITUATION
02:18 - 13.510 COMES TO IN THAT THE BECOME WAS
02:18 - 15.070 ENGAGING IN MALFEASANCE
02:18 - 16.700 BASICALLY TO WASTE A
02:18 - 18.090 MISTRIAL OCCURRED.
02:18 - 20.460 IN THE IN THE SET THAT WAS
02:18 - 21.360 CAUSED BY THE COMMONWEALTH IN
02:18 - 23.480 THAT CASE AND AN EXPERT HAD TO
02:18 - 24.260 BE RECALLED FOR THE
02:18 - 26.580 SECOND TRIAL. THE COURT HELD
02:18 - 28.450 THAT BECAUSE OF THE AIR BEING
02:18 - 29.710 ON 2 WHEELS FALL
02:18 - 31.750 THAT BECOME WITH COULD NOT BEEN
02:18 - 33.390 SEQUENCED THE WASTE OF THE RE
02:18 - 33.830 TRIAL.
02:18 - 36.730 GREEN DEPENDING ON THE
02:18 - 37.840 CIRCUMSTANCES IT WOULD HAVE TO
02:18 - 39.190 BE INDIVIDUALIZED SITUATION I
02:18 - 40.670 CAN IMAGINE SITUATIONS WHERE.
02:18 - 43.220 IT'S SIMPLY THE U.S. SUPREME
02:18 - 45.480 COURT. SLOWLY KNOCKING THINGS
02:18 - 47.030 DOWN A PEG BY PAGE BY PAGE.
02:18 - 48.810 UNDER THOSE CIRCUMSTANCES,
02:18 - 51.540 RATIONAL BASIS ONE ARGUE PRIME
02:18 - 52.840 OR TOWARDS THE DEFENSE FAILED.
02:18 - 54.670 IN THIS CITY, IT'S YOUR
02:18 - 56.410 SITUATION. THIS IS THE FIRST IN
02:18 - 57.980 POSITION OF COSTS IF THE
02:18 - 58.990 DEFENSE HAD COMMITTED THIS
02:18 - 01.030 COUNTRY TODAY UNDER THE CURRENT
02:19 - 02.910 SCHEME OF SENSING THAT THEY
02:19 - 04.860 WOULD BE IMPOSED THIS 6 DID
02:19 - 06.000 THESE COST FOR THE FIRST TIME
02:19 - 06.560 THEMSELVES.
02:19 - 08.720 SO SO WE ARE AND GET ON YOUR
02:19 - 10.420 EAST OR A TYPE OF AND THE
02:19 - 12.480 COVID-19 IS NOT THESE AND MANY
02:19 - 13.620 OF THE SENSES WERE KILLED
02:19 - 15.880 MULTIPLE TIMES BY THE COUNTRY'S
02:19 - 17.530 SUPREME COURT AND BY FEDERAL
02:19 - 19.080 COURTS ARE NOT GUARANTEES.
02:19 - 20.950 I WAS ON THE U.S. SUPREME COURT
02:19 - 21.620 BACK CHANGED
02:19 - 22.980 BASICALLY THE POSITION ON
02:19 - 24.940 MANDATORY JUVENILE LIKE THAT IT
02:19 - 25.930 BECAME A QUESTION.
02:19 - 28.420 >>SO WOULD YOU
02:19 - 30.410 CONCLUDE THEN THAT THERE'S A
02:19 - 32.890 LIMIT OF ONE TIME TO IMPOSE THE
02:19 - 34.770 COST AT SENTENCING UNLESS
02:19 - 35.800 THERE'S COMMONWEALTH
02:19 - 36.660 MALFEASANCE.
02:19 - 39.150 >>I WOULD ARGUE THAT IT STILL
02:19 - 40.970 REMAINS A REPRIEVE RATIONAL
02:19 - 41.830 BASIS TEST.
02:19 - 44.900 IF I CAN CAN SIT CONCEIVE OF
02:19 - 45.280 RATIONAL
02:19 - 47.310 SITUATIONS WHERE HAPPY DEFENSE
02:19 - 48.690 ACTIONS THAT IT COULD BE A
02:19 - 51.370 MULTIPLE TIMES. IF THE RAISES
02:19 - 52.860 SEVERAL PC ARI PETITIONS
02:19 - 55.270 TO YOU I FEEL FAILURES OF
02:19 - 56.910 EITHER DEFENSE COUNCIL AND ITS
02:19 - 57.700 FAILURE TO
02:19 - 59.740 PROCEED WITH CERTAIN ARGUMENTS
02:19 - 01.370 ON THIS FOR THE CRE OR SECOND
02:20 - 02.070 PCR E.
02:20 - 07.270 AND FRIENDS AND SET A GOOD
02:20 - 08.410 EXAMPLE I CAN THINK OF IS
02:20 - 09.940 COMING FOR SAYS JACOBS. THAT'S
02:20 - 11.780 A CASE WHERE CAN'T BE CASE
02:20 - 13.380 WAS CONFIRMED IN
02:20 - 16.690 1995 2005. THE OTHER HALF THE
02:20 - 19.360 CASE REMAINS PENDING PCR A SO
02:20 - 20.960 EVEN THOUGH IT'S BEEN THROUGH
02:20 - 23.280 THE ENTIRE SYSTEM ONCE. IT WAS
02:20 - 25.990 PARTIALLY BAKED. AS WRITTEN
02:20 - 27.200 JUST FACT INVOLVED MULTIPLE
02:20 - 27.630 MURDERS.
02:20 - 31.030 IT REALLY DEPENDS ON IN FACT BY
02:20 - 32.710 FACT CASE BY CASE EXAMINATION.
02:20 - 37.930 >>THANK WILL CONCLUDE WITH
02:20 - 40.680 QUESTIONS BY JUSTICE. DONAHUE.
02:20 - 42.040 >>THANK YOU CHIEF,
02:20 - 44.660 I'M GLAD I GOT AN OPPORTUNITY
02:20 - 46.200 TO ASK I'M THE DISTRICT
02:20 - 46.650 ATTORNEY TO
02:20 - 49.130 THIS QUESTION. I'M TRYING TO
02:20 - 50.720 DETERMINE WHETHER OR NOT ITS
02:20 - 52.580 SYMMETRY BETWEEN THE FIRST
02:20 - 56.730 SENTENCE ON BY SECTION 14 '03
02:20 - 58.670 AND SECOND THE FIRST THE FIRST
02:20 - 00.870 SENTENCE. AND THE
02:21 - 04.040 GENERAL ASSEMBLY. MANDATE THAT
02:21 - 04.900 THE COUNTY
02:21 - 08.220 PAY FOR AMONG OTHER THINGS THAT
02:21 - 10.890 COST EXPENSES THAT THE
02:21 - 11.920 PROSECUTION.
02:21 - 16.420 ON DICE THE COUNTY PAY FOR THE
02:21 - 19.110 EXPENSES RELATED TO SENTENCING.
02:21 - 21.840 >>A THREAT YOUR HONOR YES, WE
02:21 - 23.510 CAN PIECE FOR ALL OF COURSE
02:21 - 25.360 LANE TO PROSECUTE THE CASE.
02:21 - 28.080 >>LET ME GIVE A PAY FOR THE
02:21 - 30.230 COSTS OF SENTENCING.
02:21 - 33.300 >>I MEAN TO TO THE EXTENT
02:21 - 35.300 THAT THE COMMONWEALTH THE DA'S
02:21 - 36.690 OFFICE INCURS COSTS AND HAS TO
02:21 - 38.400 CALL EXPERTS. YES. I THINK
02:21 - 39.170 THAT'S ACTUALLY PART OF OUR
02:21 - 40.640 BUDGET. WE NORMALLY DO.
02:21 - 43.950 >>IS IT FAIR TO SAY WHY AND
02:21 - 45.190 ONCE AGAIN TRYING TO SEE IF
02:21 - 46.800 THERE IS SYMMETRY BETWEEN FIRST
02:21 - 48.170 AND SECOND SETS
02:21 - 50.170 FOR SENDS THE GENERAL ASSEMBLY
02:21 - 52.170 SAYS THE COUNTY SHALL PAY FOR
02:21 - 53.800 IT THE CLASSIC PROSECUTION FROM
02:21 - 53.950 NEW
02:21 - 55.870 GENERAL FUND. THE SECOND
02:21 - 57.790 SENTENCE AS THE DEFENDANT.
02:21 - 00.710 I SHOUT PAID A CLASS OF
02:22 - 02.400 PROSECUTION SO
02:22 - 03.230 ON.
02:22 - 06.060 >>IT IS JASON, WE USE STATUTE
02:22 - 06.860 THAT WAY THAT
02:22 - 07.550 IF THE.
02:22 - 11.400 >>COUNTY IS REQUIRED TO PAY THE
02:22 - 15.410 I EXPENSES I RELATED TO THE
02:22 - 17.780 SENTENCING. SHE DID AND SHE
02:22 - 20.040 WEEKEND RE I THINK PROSECUTION
02:22 - 21.910 IN THE SECOND SENTENCE TO
02:22 - 23.820 REQUIRE THE DEFENDANT TO
02:22 - 25.390 ESSENTIALLY REIMBURSE THOSE.
02:22 - 28.160 I SO ON SENTENCING.
02:22 - 30.000 >>YES, YOU'RE RIGHT THAT THAT'S
02:22 - 31.630 WHAT MY POSITION IS THAT THE
02:22 - 33.160 STATUE READS NOW WE ARE
02:22 - 34.640 REQUIRED TO FOR INSTANCE WAS
02:22 - 36.380 WHEN DOCTOR RUTENBERG US AND
02:22 - 36.940 IT'S A BILL.
02:22 - 38.980 BECOME WALK THROUGH ITS FUNDING
02:22 - 39.990 RECEIVED FROM THE GENERAL FUND
02:22 - 41.250 OF COUNTY PAYS HIS BILL
02:22 - 42.340 AND THEN THE COST OF
02:22 - 44.300 PROSECUTION OR SUBMITTED TO THE
02:22 - 45.550 COURT AS A REQUESTS FOR
02:22 - 46.110 REIMBURSEMENT.
02:22 - 49.190 BASICALLY OF A CAUSE I FORM OF
02:22 - 50.900 RESTITUTION BITES SOME 8 AT A
02:22 - 51.210 COST
02:22 - 51.860 OF PROSECUTION.
02:22 - 54.390 >>GENERALLY SPEAKING COUNCIL
02:22 - 56.600 ARE THERE, I'M IT.
02:22 - 58.550 >>I HEAR THERE.
02:22 - 02.000 >>HAAS AT A STANCE IS RELATED
02:23 - 04.610 TO I I SENTENCING OR RE
02:23 - 05.840 SENTENCING AS THE CASE
02:23 - 08.020 MAY BE I KNEW THEN IN THOSE
02:23 - 09.510 CIRCUMSTANCES WHERE YOU NEED
02:23 - 11.290 SOME KIND OF THAT EXTRA CAST
02:23 - 11.580 MONTH.
02:23 - 14.170 >>VERY RARE. THE MAJORITY THAT
02:23 - 16.300 I'VE SEEN HAVE IN RESTITUTION
02:23 - 17.630 CASES WHERE WE NEED TO BRING IN
02:23 - 18.600 EXPERTS FOR SOME SORT OF THE
02:23 - 21.390 VALLEY. VALUATION OF SOME SORT
02:23 - 22.760 OF PROPERTY THAT WAS DESTROYED
02:23 - 24.220 THAT SEEMS TO BE THE PRIMARY
02:23 - 25.990 EXPERT THAT WILL YOU BRING IN
02:23 - 26.090 FOR
02:23 - 27.970 SENSING PURPOSES. THE OTHER
02:23 - 29.130 EXPERTS AND WE BRING IN WOULD
02:23 - 30.300 BE IN DEATH COUNTY.
02:23 - 32.160 CASES WHERE WE ARE TRYING TO
02:23 - 33.970 SEND SOMEONE WE NEED TO HAVE
02:23 - 35.260 PSYCHOLOGICAL OR FORENSIC
02:23 - 36.210 EXPERTS TESTIFY AT THE
02:23 - 37.180 SENTENCING HEARING.
02:23 - 38.800 >>AND JUST AS A MATTER OF
02:23 - 41.430 PRACTICE OR THOSE EXPENSES IN
02:23 - 42.780 THE ORDINARY COURSE
02:23 - 44.340 I CHARGED AS COST OF
02:23 - 45.880 PROSECUTION AGAINST IN BEND,
02:23 - 48.150 IT. YES, YOU'RE AND
02:23 - 48.600 THANK YOU.
02:23 - 50.480 >>THANK YOU, THANK YOU AND
02:23 - 53.580 WE'LL HEAR NOW FROM A. COUNSEL
02:23 - 54.010 FOR THE UP
02:23 - 59.150 WE UNDERSTAND THAT DAY.
02:23 - 00.600 ALSO THAT DEAD.
02:24 - 03.500 COUNCIL OR
02:24 - 07.470 KELLEY. THIS YEAR IS A
02:24 - 09.620 PRESIDENT ON HER.
02:24 - 13.680 AND THEY LOVE OR TO ANSWER ANY
02:24 - 15.320 QUESTIONS REPORT. I
02:24 - 18.470 HAVE IT AND MISTER
02:24 - 21.080 BOOKMAN WELL ARE YOU ON BEHALF
02:24 - 21.670 OF BOTH
02:24 - 23.660 ELI'S BUTTON.
02:24 - 25.930 >>MISTER CHIEF JUSTICE AND MAY
02:24 - 26.850 IT PLEASE THE COURT.
02:24 - 29.070 I
02:24 - 31.970 >>BASED ON MEET THE
02:24 - 33.310 CHIEF JUSTICE'S COMMENTS IN THE
02:24 - 34.770 LAST CASE I WILL NOT DESCRIBE
02:24 - 36.140 THIS CASE IS THE SIMPLE ONE.
02:24 - 39.750 HOWEVER IT DOES THIS CASE DOES
02:24 - 41.890 REST BOTH CASES REST ONE
02:24 - 44.470 A SINGLE STATUTE 16 P S
02:24 - 46.620 14 '03 AND IT'S OUR POSITION
02:24 - 49.300 THAT AH FUNDAMENTAL TENETS OF
02:24 - 51.670 STATUTORY CONSTRUCTION. I WAS
02:24 - 52.980 ALL THIS CASE IN FAVOR OF
02:24 - 55.050 MISTER LEHMANN AND MISTER DAVIS
02:24 - 57.310 I WANT TO REPEAT THE QUESTIONS
02:24 - 57.950 OF SOME OF THAT
02:24 - 00.370 EARLIER JUSTICES. YOU KNOW THE
02:25 - 01.630 FIRST AND LAST QUESTION OF
02:25 - 03.970 ANY STATUTORY. NOW ASSESS IS
02:25 - 05.400 WHAT DID THE GENERAL ASSEMBLY
02:25 - 09.110 IN 10. WE DID TO ASCERTAIN WHAT
02:25 - 10.480 THEY INTENDED. WE LOOK
02:25 - 11.800 AT THE WORDS THAT ARE USED AND
02:25 - 13.020 THE WORDS THAT ARE NOT
02:25 - 14.560 IN THIS CASE, THE WORDS THAT
02:25 - 16.010 ARE USED ARE CLEAR AND
02:25 - 18.330 UNAMBIGUOUS. COST OF
02:25 - 20.340 PROSECUTION AND TRIAL.
02:25 - 22.350 AS JUST A SWEAT POINTED
02:25 - 25.170 OUT IF IF OF THE LEGISLATURE
02:25 - 26.920 INTENDED PROSECUTION TO INCLUDE
02:25 - 29.160 SENSING IN THE WORDS AND TRIAL
02:25 - 30.550 WOULD BE SURPLUS EDGE
02:25 - 31.950 AND WE ASSUME THAT THE
02:25 - 33.940 LEGISLATURE INTENDS ALL THE
02:25 - 35.840 WORDS THAT USES AT THE SAME
02:25 - 37.520 TIME WE LOOK AT WORDS THAT ARE
02:25 - 39.040 NOT USE. IN
02:25 - 40.780 THIS CASE. THE WORD THAT IS NOT
02:25 - 42.430 USE THE SENTENCING AND THIS
02:25 - 43.450 COURT HAS NEVER
02:25 - 45.660 AND EDWARDS TO
02:25 - 48.030 A STATUTE. WE BELIEVE THAT THIS
02:25 - 48.970 STATUTE IS CLEAR AND
02:25 - 50.660 UNAMBIGUOUS IF THIS COURT
02:25 - 52.470 BELIEVES, AND IT IS AMBIGUOUS
02:25 - 54.480 IN ANY WAY COMMONWEALTH VERSUS
02:25 - 56.400 GUARD ZONE. CASE THIS
02:25 - 58.150 COULD DECIDE WITHIN THE
02:25 - 00.310 LAST DECADE. DECLARED THE
02:26 - 02.480 SISTER STATUTE, 77 '08 IS
02:26 - 04.520 STANDING FOR THE FIRST. FOR
02:26 - 06.210 THAT'S A FIRST CLASS OF
02:26 - 07.970 COUNTIES COULD BE A PENAL
02:26 - 09.720 STATUTES THAT WOULD REQUIRE
02:26 - 11.150 THIS COOLER TO MEET
02:26 - 13.810 THE STATUE NARROWLY STRICTLY
02:26 - 15.240 AND IN FAVOR OF THE DEFENDANTS
02:26 - 16.800 MISTER LEHMANN AND
02:26 - 18.030 MISTER DAYS.
02:26 - 21.220 FINALLY THIS COURT HAS STATED
02:26 - 22.480 THAT IT WILL NOT MEET
02:26 - 24.350 CONSTITUTIONAL QUESTIONS UNLESS
02:26 - 25.640 ABSOLUTELY NECESSARY.
02:26 - 27.660 OBVIOUSLY WE BELIEVE THAT IT'S
02:26 - 28.580 NOT NECESSARY
02:26 - 30.850 REACH CONSTITUTIONAL QUESTIONS
02:26 - 32.910 IN THIS CASE BUT IF THE COURT
02:26 - 35.840 DECIDED OTHERWISE. OPPOSITION
02:26 - 40.850 PUNISHING TO JUVENILE LIFERS OR
02:26 - 43.290 EXERCISING THE RIGHT TO A SENSE
02:26 - 44.720 THAT COMPLIES WITH THE 8TH
02:26 - 46.700 AMENDMENT AND IMPOSE COSTS FOR
02:26 - 48.840 WHICH THEY HAD NO NOTICE WOULD
02:26 - 51.210 VIOLATE DUE PROCESS AND WITH
02:26 - 52.530 THAT I'M HAPPY TO ANSWER ANY
02:26 - 55.720 QUESTIONS FROM THE JUST
02:26 - 56.340 DOUGHERTY.
02:26 - 58.490 >>I'M NO QUESTIONS FOR MISTER
02:26 - 00.430 BOOKMAN HE SUMMED IT UP AS I
02:27 - 02.410 EXPECTED. YEAH I AGREE THANK
02:27 - 04.540 YOU JUSTICE WORK. THANK YOU
02:27 - 06.310 CHIEF JUSTICE MISTER BOOKMAN
02:27 - 08.850 IF THE PURPOSE OF THE STATUTE
02:27 - 12.450 IS TOO. SHERIFF THE COSTS OF
02:27 - 14.540 THE PROSECUTION TO
02:27 - 17.510 THE WRONGDOER THEN IS IT NOT
02:27 - 18.660 CONSISTENT WITH THAT
02:27 - 21.370 INTERPRETATION TO INCLUDE
02:27 - 23.730 SENTENCING IN THE COSTS IMPOSED
02:27 - 24.540 ON THE DEFENDANT.
02:27 - 27.160 >>WELL JUSTICE
02:27 - 30.540 CERTAINLY THAT THOUGH THE
02:27 - 32.520 LANGUAGE OF THE STATUTE I WOULD
02:27 - 36.210 SAY OTHERWISE. IT MIGHT BE
02:27 - 37.530 CONSISTENT AND IT MIGHT NOT BE
02:27 - 38.690 CONSISTENT THAT THE
02:27 - 41.120 STATUTE SPECIFICALLY NOT
02:27 - 43.150 SPECIFICALLY OMITTED THE WORD.
02:27 - 43.790 THE WORD
02:27 - 46.840 THERE ARE POLICY DOES
02:27 - 50.430 THIS AGREEMENT IN THE CASE LOT
02:27 - 51.360 TO TALK ABOUT.
02:27 - 55.020 THE MOVING THE COSTS
02:27 - 57.890 OF PROSECUTION TO THE WRONG
02:27 - 00.390 DOOR AT THE SAME TIME. I EAT
02:28 - 03.190 CREATES A PROBLEM WITH. PLEA
02:28 - 04.810 NEGOTIATIONS IN THE SENSE THAT
02:28 - 09.480 DEFENDANTS DON'T CAN ANTICIPATE
02:28 - 10.510 WHAT THEIR WHAT THEY MIGHT
02:28 - 11.960 REASONABLY YES
02:28 - 14.280 TO PAY. IN FACT YOU'RE RIGHT, I
02:28 - 15.510 MEAN YOU'RE IN YOUR QUESTION
02:28 - 17.330 ABOUT NOTICE. THE NAME
02:28 - 20.360 DEFENDANTS CAME CLOSE TO THAT
02:28 - 22.670 ISSUE. ALTHOUGH NOT 35 YEARS
02:28 - 23.330 LATER SO
02:28 - 25.840 POLICY DEBATES, SO EITHER WAY
02:28 - 27.170 ON THIS AND I THINK YOU KNOW
02:28 - 28.470 GIVEN GIVEN THAT.
02:28 - 31.270 THAT THAT THAT REASONABLE MINDS
02:28 - 33.100 CAN DIFFER ABOUT ABOUT POLICY
02:28 - 34.730 CONSIDERATIONS, THE LANGUAGE OF
02:28 - 35.810 THE STATUTE I THINK SHOULD
02:28 - 36.510 CONTROL HERE.
02:28 - 40.480 >>GIVEN THAT THE COMMONWEALTH
02:28 - 41.980 HAS CLEAN HANDS HERE THAT
02:28 - 43.500 NEITHER YOU NOR THE
02:28 - 45.060 COMMONWEALTH ARE RESPONSIBLE
02:28 - 47.390 FOR THIS SEE CHANGES, NOBODY'S
02:28 - 49.110 BALL SO TO SPEAK.
02:28 - 53.060 WHY WOULD WE NOT THEN HE BOUND
02:28 - 55.020 TO DEFAULT TO
02:28 - 56.860 THE GENERALS GENERAL
02:28 - 00.100 ASSEMBLY'S INTENSE TO SHIFT THE
02:29 - 02.120 OBLIGATION FROM THE TAXPAYER TO
02:29 - 03.340 THE WRONGDOER ONCE THERE'S
02:29 - 04.010 A CONVICTION.
02:29 - 06.740 >>WELL I CERTAINLY WOULD NOT
02:29 - 09.240 AGREE THAT THAT'S THE GENERAL
02:29 - 11.630 ASSEMBLY'S INTENT. BUT BUT
02:29 - 13.680 LEAVING THAT ASIDE I THINK THE
02:29 - 15.480 KEY QUESTION AT LEAST IN A IN A
02:29 - 17.850 DUE PROCESS ANALYSIS IS NOW IN
02:29 - 19.110 THE COMMONWEALTH IS IT FOR
02:29 - 21.050 WEATHER. MISTER LANE OR MISTER
02:29 - 23.170 DAVIS IS AT FAULT. CLEARLY
02:29 - 25.110 NEITHER ONE OF THEM OR ARE
02:29 - 27.540 AT FAULT. SO SO YOU KNOW.
02:29 - 29.650 I THINK IT WOULD BE A DUE
02:29 - 31.770 PROCESS VIOLATION 2
02:29 - 35.350 IMPOSE A COSTLY PUNISHMENT
02:29 - 37.490 REALLY. ONE OF THESE ON THESE
02:29 - 39.850 JUVENILE LIFERS AFTER DECADES
02:29 - 41.700 OF INCARCERATION SIMPLY BECAUSE
02:29 - 43.770 THEY WERE SEEKING A SENSE THAT
02:29 - 45.050 IS CONSISTENT WITH THE 8TH
02:29 - 46.490 AMENDMENT. SO
02:29 - 48.520 I DON'T KNOW FOR YOU TO YOUR
02:29 - 51.850 QUESTION JUST YES MISTER
02:29 - 52.700 BOOKMAN THANK YOU SIR.
02:29 - 54.530 >>THANK YOU JUSTICE MONDAY.
02:29 - 57.430 NO QUESTIONS. THANK YOU JESS IS
02:29 - 57.860 BARE.
02:30 - 02.870 >>AS HIS BEARD YEAR MUTE
02:30 - 03.300 BUTTON.
02:30 - 08.920 >>THANK YEAR
02:30 - 13.710 BOND PERMANENT GUARD BECOMES A
02:30 - 14.110 LOT.
02:30 - 16.930 THIS WILL BE I THINK YOU MAY
02:30 - 18.110 PREVAIL IN THIS CASE, BUT I
02:30 - 19.830 DON'T THINK YOU PREVAIL ON THE
02:30 - 21.000 ARGUMENT YOU MAKE
02:30 - 22.810 ASSUME FOR A SECOND THAT WE
02:30 - 24.900 HAVE KNOW THAT YOUR DEFENSE
02:30 - 26.310 COUNSEL BUS IN FOR SECOND YOU
02:30 - 27.500 DEFENDING IN A FIRST-DEGREE
02:30 - 29.330 MURDER CASE AND OF COURSE WE
02:30 - 30.710 HAVE THE GUILT PHASE ONLY OF
02:30 - 30.780 THE
02:30 - 32.800 COUNTY FACE AND AT THE PENALTY
02:30 - 34.110 PHASE, THE COMMONWEALTH CAUSE
02:30 - 35.500 AN EXPERT ON MENTAL HEALTH
02:30 - 36.440 MITIGATION OR
02:30 - 38.890 THE LIKE. DEFENDANT EVENTUALLY
02:30 - 40.950 GETS A YOU TELLING ME THAT IT'S
02:30 - 42.200 THE LAW OF THE COMMONWEALTH ITS
02:30 - 43.530 PRACTICE, THE COWELL
02:30 - 46.440 THE COST FOR THE COMMONWEALTH
02:30 - 47.870 EXPERT UNDER THOSE FACTS ARE
02:30 - 48.880 NOT ASSESSED AGAINST THE
02:30 - 49.400 DEFENDANT.
02:30 - 52.350 >>FIRST JUSTICE TARA LET ME LET
02:30 - 53.980 ME JUST SAY I WOULD BE HAPPY TO
02:30 - 57.470 WEAN UNDER ANY. BUT LEAVING
02:30 - 58.330 THAT ASIDE.
02:30 - 01.870 I CANNOT THINK OF A OF A
02:31 - 03.840 CAPITAL CASE IN WHICH THE COST
02:31 - 05.970 OF PROSECUTION WERE IMPOSED AND
02:31 - 07.650 AND THIS STATUTE DOES NOT ALLOW
02:31 - 08.080 FOR THAT.
02:31 - 12.490 THIS STATUTE. THERE'S NOT ALLOW
02:31 - 13.800 FOR COST OF SENSING.
02:31 - 15.970 BUT YOU KNOW
02:31 - 18.290 HAVING SAID THAT I USE THE
02:31 - 21.830 CAPITAL CASE, I'M OWNERS I
02:31 - 23.340 INTERRUPTED MY TIME IS SHORT.
02:31 - 24.650 >>BUT YOU ARE.
02:31 - 26.040 >>POSITION
02:31 - 29.760 ASSUMES THAT SENTENCING IS NOT
02:31 - 30.780 A PART OF THE TRIAL.
02:31 - 33.670 >>IT'S SENSING IS CLEARLY NOT
02:31 - 33.990 PART OF
02:31 - 36.510 THE TRIAL. THERE'S A RECENT
02:31 - 37.720 UNITED STATES SUPREME COURT
02:31 - 39.470 CASE BETTERMENT VERSUS MONTANA
02:31 - 39.950 THAT
02:31 - 41.750 DISCUSSES THAT THAT THAT THE
02:31 - 44.200 DIFFERENCES BETWEEN A TRIAL AND
02:31 - 47.060 SENTENCING. I'M NOT SAYING THAT
02:31 - 48.600 IT WOULD BE UNCONSTITUTIONAL
02:31 - 51.160 FOR A SENTENCING FOR COST TO BE
02:31 - 53.350 ASSOCIATED WITH A SENTENCING.
02:31 - 55.280 POSSIBLY, BUT WE DON'T HAVE A
02:31 - 56.830 STATUE DID EVEN LESS THAN THAT.
02:31 - 00.340 AND I AM I AM SAYING I'M NOT
02:32 - 02.160 AWARE OF A SINGLE CAPITAL CASE
02:32 - 02.880 IN WHICH THE
02:32 - 05.800 COST OF SENSING A WERE IMPOSED
02:32 - 08.050 WANTED TO WHERE LAST QUESTION
02:32 - 09.350 YOU WEAR CAPITAL CASES.
02:32 - 11.810 >>WHERE THE COST OF PROSECUTION
02:32 - 13.520 HAS MORE HER. WE'RE
02:32 - 15.270 MERITS TRIAL, GUILT
02:32 - 17.090 OR INNOCENCE HAVE BEEN IMPOSED
02:32 - 17.790 THE SENTENCE IT IS
02:32 - 18.230 NOT GOOD.
02:32 - 20.350 >>JUST AS THERE I'LL BE HONEST
02:32 - 22.480 WITH YOU I'M NOT AWARE OF IT.
02:32 - 24.130 BUT I WILL SAY THAT AS A MATTER
02:32 - 25.970 OF PRACTICALITY YOU KNOW WHEN
02:32 - 28.000 AND WHY IF THE JURY REACHES A
02:32 - 29.580 PENALTY PHASE, THE OP OR THE
02:32 - 31.060 OPTION TO LIFE WITHOUT PAROLE
02:32 - 34.180 OR DEATH. SO THE THE THE THE
02:32 - 35.360 DEFENDANT IS NOT GOING TO BE IN
02:32 - 36.840 A POSITION TO PAY SIGNIFICANT
02:32 - 38.700 COSTS REGARDLESS OF THE
02:32 - 40.260 OUTCOME. I AGREE IT'S LIKE
02:32 - 42.010 RESOLUTION CAN BE IMPOSED TO
02:32 - 43.520 NOT COLLECTED THANK YOU VERY
02:32 - 45.060 MUCH I'M SORRY SIR.
02:32 - 46.720 >>YES, THIS TIME.
02:32 - 49.300 >>THANK YOU CHIEF JUSTICE.
02:32 - 52.420 ALONG THOSE SAME LINES COUNCIL
02:32 - 54.620 ARE BOTH OF THESE DEFENDANTS
02:32 - 56.630 NOW NOT A SCAM.
02:32 - 59.730 >>MISTER DAVIS'S IS NOT
02:32 - 01.660 YEAH AS IT TURNS
02:33 - 04.970 >>THE KEY HE STILL IT REMAINS
02:33 - 05.900 AN INCARCERATED.
02:33 - 09.620 I BELIEVE MISS THE LATEST NEWS
02:33 - 10.790 OUT OF OUT OF PRISON.
02:33 - 14.230 THE SHOW'S TO SACK HER.
02:33 - 18.330 THAT IS CORRECT HE IS NO LONGER
02:33 - 19.080 INCARCERATED.
02:33 - 24.860 THANK YOU ED, JUST AS
02:33 - 25.420 JOHN HERE.
02:33 - 28.120 >>YEAH, 1, 1, ONE QUESTION ON.
02:33 - 30.050 IF I UNDERSTAND YOUR EYE IN
02:33 - 31.470 SACK RATE YOU'VE BEEN THINKING
02:33 - 31.930 THE SAME
02:33 - 35.410 ARGUMENT ON IF THIS WERE IN
02:33 - 38.600 REGIONAL SENTENCING AI JUVENILE
02:33 - 41.350 I A NOW NOT IN YOUR CLIENT'S
02:33 - 42.960 POSITIONING A RE SENTENCING.
02:33 - 45.270 I WOULD BE YOUR POSITION AND IT
02:33 - 48.460 WOULD BE I FIND THAT UNUSUAL TO
02:33 - 49.880 IMPOSE THE COSTS
02:33 - 52.430 ON A NEWLY I
02:33 - 55.050 CONVICTED JUVENILE WHO ARE IS
02:33 - 57.520 REQUIRED GUY TO GO THROUGH A
02:33 - 59.950 I HEARING AS WE INDICATED
02:33 - 00.510 IN BATH.
02:34 - 03.800 >>IT WOULD BE YOUR JUSTICE
02:34 - 04.830 DONAHUE THAT THAT.
02:34 - 08.590 THE STATUTE THAT WOULD ALLOW
02:34 - 11.470 FOR THAT. NOW IF IT WAS A
02:34 - 12.750 STATUE THAT ALLOW
02:34 - 14.290 FOR IT THEN I THINK THE
02:34 - 16.360 CONSTITUTIONAL ISSUES APPLIED
02:34 - 17.880 THE RE SENTENCING ASPECT.
02:34 - 20.800 WITHOUT A STATUTE THAT WOULD BE
02:34 - 21.980 CONSTITUTIONAL ISSUES THAT
02:34 - 23.190 THERE WOULD BE NO NOTICE.
02:34 - 26.280 AND I DON'T AND I HONESTLY
02:34 - 28.060 COUNCIL I DON'T UNDERSTAND NOW
02:34 - 30.590 WHY IS IT DIFFERENT LAST YEAR.
02:34 - 33.970 >>ITS CONTACTS IN I RE
02:34 - 35.150 SENTENCING VERSUS THE
02:34 - 36.150 REGIONAL SENSE.
02:34 - 38.480 >>WELL THAT THEY DID THEY WOULD
02:34 - 40.420 BE THERE WOULD BE A A DUE
02:34 - 41.620 PROCESS VIOLATION BECAUSE
02:34 - 43.180 THERE'D BE ADDITIONAL THE
02:34 - 46.230 PUNISHMENT. THAT WOULD THAT
02:34 - 48.460 WOULD IMPACT THEM SIMPLY
02:34 - 50.040 BECAUSE THEY WERE SEEKING A
02:34 - 52.000 SENTENCE. HE COMPLIED WITH THE
02:34 - 53.480 8TH AMENDMENT AND THEY HAVE
02:34 - 55.230 NO NOTICE OF THE ADDITIONAL
02:34 - 58.050 COSTS OF PUNISHMENT. IF IS THIS
02:34 - 59.820 CASE WAS IT WAS AN INITIAL
02:34 - 01.680 SENTENCING AND THERE WAS A
02:35 - 04.020 STATUTE DOES ALLOW FOR COST OF
02:35 - 06.050 SENTENCING. THEN THERE MIGHT OR
02:35 - 07.420 MIGHT NOT BE CONSTITUTIONAL
02:35 - 08.550 IMPLICATIONS, BUT IT WOULD BE A
02:35 - 09.390 DIFFERENT ARGUMENT.
02:35 - 10.390 OK AND.
02:35 - 13.110 >>THANK YOU, THANKS TO BOTH
02:35 - 16.270 COUNCIL. A DISCREET OBVIOUSLY A
02:35 - 18.840 VERY DISCREET. AND FINALLY A
02:35 - 19.730 LEGAL ISSUE
02:35 - 21.690 WITH THAT WE'LL CONCLUDE THAT
02:35 - 23.120 ARGUMENT ENDED UP.
02:35 - 27.460 MENSA ARGUMENT IN THE NEXT
02:35 - 29.000 OCCASION, ONE 25.
02:35 - 33.130 >>PEOPLE FROM HAGERSTOWN WELL
02:35 - 33.960 SOUTH OF HERE ALONG THE
02:35 - 35.190 MOUNTAIN RANGE WE'RE COMING IN
02:35 - 36.730 THERE GETTYSBURG AND SAY THE
02:35 - 37.980 COMPUTER FOR MOVING NORTH.
02:35 - 39.590 AND IF THEY CHOSE TO COME OVER
02:35 - 41.000 THE MOUNTAINS THAT THEIR
02:35 - 42.530 HARVESTS WERE IN DANGER,
02:35 - 44.010 GETTYSBURG BATTLE WALKS A
02:35 - 45.860 GUIDED TOURS OF THE HISTORIC
02:35 - 48.000 BATTLEFIELD LED BY THE EXPERTS
02:35 - 48.670 WHO CAN TELL YOU
02:35 - 50.790 WHAT HAPPENED EACH BOTTLE WALK
02:35 - 52.580 LET YOU WALK IN THE SHOES OF
02:35 - 54.700 THE MEN WHO FOUGHT AND DIED
02:35 - 55.040 HERE.
02:35 - 56.880 >>GETTYSBURG BATTLE LOCKS,
02:35 - 59.530 JULY FIRST SECOND AND 3RD ONLY
02:35 - 00.760 ON PC M.
02:36 - 02.890 >>THE NEXT ARGUMENT IS IN THE
02:36 - 05.070 MATTER OF S P VERSUS S S
02:36 - 07.660 APPEAL OF SS RICHARD CODEY AND
02:36 - 10.020 VICTORIA MCINTYRE REPRESENTING
02:36 - 11.010 OPPONENTS IS
02:36 - 12.620 AND RICHARD DEPOT TO
02:36 - 15.090 REPRESENTING KELLY IS ATTORNEYS
02:36 - 16.140 ELIZABETH PRIDE.
02:36 - 17.820 >>I
02:36 - 20.270 GET AFTERNOON. A FAMILY COURT
02:36 - 22.140 JUDGE PRESIDING OVER A CHILD
02:36 - 24.850 CUSTODY CASE ENTERED A GAG
02:36 - 26.460 ORDER THE RESTRICTED ALLEN'S
02:36 - 27.520 FROM MUNG
02:36 - 29.350 OTHER THINGS DIRECTING OR
02:36 - 31.130 ENCOURAGING SEARCH PARTIES
02:36 - 33.580 SPEAK PUBLICLY OR COMMUNICATE
02:36 - 35.040 ABOUT THE CUSTODY CASE.
02:36 - 37.810 ALLEN SAID LAUNCHING
02:36 - 40.460 AN APPEAL. I CONTINUE TO DO OR
02:36 - 42.000 VIOLATED THEIR RIGHTS TO FREE
02:36 - 44.320 SPEECH. SHOULD THE UNITED
02:36 - 46.310 STATES CONSTITUTION. THE
02:36 - 46.940 PENNSYLVANIA
02:36 - 49.350 CONTEST ISH WE SURE ARE
02:36 - 51.320 CONCLUDED THAT THE GAG ORDER
02:36 - 52.450 WAS CONSTITUTIONALLY
02:36 - 55.440 PERMISSIBLE. THIS COURT IS NOW
02:36 - 58.430 REVIEWING THAT TERMINATION IF
02:36 - 59.060 YOU'RE THE COUNTY.
02:37 - 01.700 >>IT'S GOOD AFTERNOON. MISTER
02:37 - 03.030 JAKE GUEST IS AN HONORABLE
02:37 - 04.820 JUSTICES OF THE SUPREME COURT.
02:37 - 06.890 MY NAME IS URGENTLY CODY.
02:37 - 11.720 HEARING AS COUNCIL OR.
02:37 - 15.250 YES, YES, A PROMINENT. IT'S
02:37 - 16.220 BURNED POSITION.
02:37 - 20.000 I'M ALSO AREAS ACROSS A FELLOW
02:37 - 21.580 COUNCIL FOR MY ASSOCIATE.
02:37 - 23.870 4 AMERICAN TOUR.
02:37 - 28.320 IT IS BECAUSE WE ARE THE 3
02:37 - 30.520 GAGGED ORTIZ IN THIS FOR
02:37 - 33.070 SAVING. NOT
02:37 - 35.870 ALL I MY ASSOCIATE ARE
02:37 - 38.880 MY CLIENT. AND ON THIS GAME
02:37 - 39.390 ORDER.
02:37 - 43.680 ABOUT THIS CASE PUBLICLY AND
02:37 - 45.200 THEN IT CAME OUT THE CASE.
02:37 - 46.980 I ENCOURAGE OTHER PEOPLE TO
02:37 - 47.630 TALK ABOUT
02:37 - 49.820 THIS CASE OR AND HER GOT TO BE
02:37 - 51.640 ABLE TO FIND OUT THE DETAILS OF
02:37 - 54.500 THIS CASE. AND KNOW THAT HE.
02:37 - 57.940 TURNING PRIDE WHO REPRESENTS
02:37 - 59.490 THE FATHER IN THIS CASE.
02:38 - 00.570 AND
02:38 - 03.020 HER CLIENT AND ALL THE OTHER
02:38 - 05.210 ATTORNEYS WHO REPRESENTED MARC
02:38 - 05.850 WHY IN THE
02:38 - 09.240 TRIAL COURT. I'M ABSOLUTELY OLD
02:38 - 11.800 UNBRIDLED FREEDOM. THEY GO ON
02:38 - 13.890 DOCTOR PHIL HOLD A PRESS
02:38 - 15.180 CONFERENCE TO STAND ON
02:38 - 18.150 THE CORNER TO GIVE NEWSPAPER IS
02:38 - 18.460 TO DO
02:38 - 21.810 ANYTHING ELSE. ALL MY SHOWS AND
02:38 - 23.960 I ARE THE ONLY ONES WHO CARES
02:38 - 26.710 ABOUT K. I WANT TO FIRST YEAR
02:38 - 28.460 THAT THE QUESTIONNAIRE COURT.
02:38 - 31.720 WE'RE HEADED INTERVIEW ON.
02:38 - 34.850 SEEMS THE LIMIT. THE QUESTION
02:38 - 36.450 TO WHETHER OR NOT THE
02:38 - 37.210 PROCESSION
02:38 - 39.670 OF YEARS. GETTING INFORMATION
02:38 - 42.080 THEIR INTENT TO IDENTIFY KYLE.
02:38 - 43.640 ALL IT
02:38 - 46.220 IS PERMISSIBLE. I WANT TO FIRST
02:38 - 48.230 POINT YEAH DISORDERS MARK
02:38 - 51.860 BARDEN AT THE FIRST SENTENCE OF
02:38 - 54.980 THE AREA OR THAT OR ISSUED
02:38 - 56.190 IN MIDLIFE.
02:38 - 00.230 LA AS YOU COULD FIND THE
02:39 - 02.740 SUPPORTED SAYS. IT IS HEREBY
02:39 - 03.750 ORDERED THAT THE DEFENDANT
02:39 - 06.700 S S RICHARD CODEY
02:39 - 10.840 BACK TO OUR SHOW NOT SPEAK
02:39 - 13.870 PUBLICLY COMMUNICATE ABOUT THIS
02:39 - 14.400 CASE.
02:39 - 17.050 AND THIS COMMONWEALTH HAS A
02:39 - 19.380 HISTORY OF PROTECTING FREE
02:39 - 20.240 SPEECH.
02:39 - 25.120 STRINGENTLY THAN THE UNITED
02:39 - 27.480 STATES CONSTITUTION. THE U.S..
02:39 - 34.010 ONLY LIMITS.
02:39 - 37.330 THE INFORMATION ABOUT THE
02:39 - 38.320 CHILD'S NAME.
02:39 - 41.090 TO THE TESTIMONY OF 4
02:39 - 42.930 LEGISLATIVE BODIES WERE TOLD
02:39 - 46.060 AT OR WE WANT TO USE THIS CASE
02:39 - 46.920 BEEN TRYING TO GET THE
02:39 - 48.880 LAW CHANGED AND THAT WE
02:39 - 50.890 INTENDED TO TESTIFY BEFORE
02:39 - 52.320 LEGISLATIVE COMMITTEES.
02:39 - 55.260 SHE SAID THAT WAS FINE BUT MY
02:39 - 57.520 CLIENT COULD NOT USE HER NAME.
02:39 - 59.870 I ASKED HER IF SHE HAD TO WEAR
02:39 - 03.040 BAG OVER HER HEAD. CARDI HAVE
02:40 - 04.020 UNIQUE IDEA.
02:40 - 05.650 >>IF YOU WANT TO GET THE LAW
02:40 - 08.120 CHANGED REAGAN LUCKY. YES, YES,
02:40 - 10.280 AND QUESTIONS WITH JUST HIS
02:40 - 10.610 WORK.
02:40 - 14.600 >>THANK YOU CHIEF JUSTICE GOOD
02:40 - 15.780 AFTERNOON MISTER CODY.
02:40 - 20.010 SIR IS IT YOUR POSITION THAT
02:40 - 29.220 MC LING RESTRICTS MOTHER
02:40 - 31.320 FROM SPEAKING ABOUT MOTHER AND
02:40 - 34.580 COUNCIL. ABOUT THE CASE IN
02:40 - 36.070 A MANNER THAT
02:40 - 40.480 IDENTIFY THE CHILD OR ALLOW
02:40 - 42.680 IDENTIFICATION OF THE CHILD OR
02:40 - 44.610 IS IT YOUR VIEW THAT THE ORDER.
02:40 - 48.170 >>RESTRICTS ALL IF YOU FROM
02:40 - 49.840 SPEAKING ABOUT THE CASE AT ALL
02:40 - 51.900 SUBJECT OF A FEW. A
02:40 - 53.240 LIMITED EXCEPTIONS.
02:40 - 54.680 >>IT'S VERY CLEAR FROM THE
02:40 - 55.930 LANGUAGE OF THE CASE IN THE
02:40 - 58.550 SENSE THAT IT'S RATHER IS THE
02:40 - 00.880 FIRST SENTENCE IN ORDER SAYS
02:41 - 02.710 THAT WE CAN NOT SPEAK PUBLICLY
02:41 - 05.110 OR COMMUNICATE ABOUT THE CASE.
02:41 - 07.750 SO THAT'S WHAT HE SAYS AND
02:41 - 08.890 WE'RE THE ONLY ONES IN THE
02:41 - 10.350 OTHER SIDE CAN PARK ALL THEY
02:41 - 11.350 WANT ABOUT IT.
02:41 - 12.740 >>AND SO ON
02:41 - 16.130 FROM YOUR PERSPECTIVE A FROM A
02:41 - 17.770 FROM A FREE SPEECH FROM A FIRST
02:41 - 20.260 AMENDMENT PERSPECTIVE AS WELL
02:41 - 20.700 AS THE
02:41 - 23.140 PENNSYLVANIA ANALOG IS IT YOUR
02:41 - 24.750 VIEW THAT THE PRINCIPAL
02:41 - 26.610 CONSTITUTIONAL INFIRMITY OF THE
02:41 - 28.110 GAG ORDER IS IT'S OVER.
02:41 - 31.560 >>WELL IT CERTAINLY IS OVER
02:41 - 34.310 BREAD OVER BROUGHT HOWEVER
02:41 - 36.560 ITS CONTENT BASE WHICH IS
02:41 - 38.490 PRESUMPTIVELY UNCONSTITUTIONAL.
02:41 - 41.030 IT'S A PRIOR RESTRAINT ON STAGE
02:41 - 42.360 WHICH IS PRESUMPTIVELY
02:41 - 44.200 UNCONSTITUTIONAL AND THIS
02:41 - 46.050 APPEAR IN COURT DOES NOT ENGAGE
02:41 - 48.370 IN ANY SIGNIFICANT NOW SAYS.
02:41 - 51.840 >>OF AND THAT
02:41 - 54.930 A REQUIREMENT THAT TEST FOR
02:41 - 56.660 STRICT SCRUTINY UNDER
02:41 - 59.200 THE CONSTITUTION. YOU KNOW ONE
02:41 - 01.340 OF THE ONE OF THE PHRASES THAT
02:42 - 03.080 USING THE GAG ORDER THAT IS
02:42 - 05.930 CLEARLY OVERLY BROAD IS
02:42 - 08.850 YOU CAN'T SHARE INFORMATION
02:42 - 09.190 THAT
02:42 - 12.250 QUOTE CHAN'S TO IDENTIFY THE
02:42 - 14.400 CHILD NOW DON'T KNOW WHAT AND
02:42 - 16.770 YOU OF HOW ALL OF THAT THAT CAN
02:42 - 18.650 BE INTERPRETED. THANK YOU MY
02:42 - 19.800 MIND SPACE.
02:42 - 23.970 SHE MIGHT NOT JAY HER
02:42 - 25.390 NAME BUT YOU KNOW
02:42 - 27.170 SHE SHE CERTAINLY HAS A FACE
02:42 - 28.730 AND I CAN BE IN AND THEY'RE
02:42 - 30.400 SCARED OR ARE SET TO GIVE THAT
02:42 - 30.650 UP.
02:42 - 35.100 >>YES THE MONEY.
02:42 - 42.110 JUST MAYBE I
02:42 - 44.090 NEED TO MOVE, BUT NICE I'M
02:42 - 46.130 SORRY I WAS DOING JUSTICE PAIRS
02:42 - 48.480 I'M DOING MY JOB.
02:42 - 52.480 >>WOULD YOU BE AS OPPOSED TO
02:42 - 54.120 THE ORDER ON A CONSTITUTIONAL
02:42 - 56.540 BASIS IF IN FACT INCLUDED
02:42 - 59.130 FATHER AND FATHERS COUNCIL ARE
02:42 - 01.570 YOU WOULD YOU STILL BE. HERE
02:43 - 02.950 TODAY CHALLENGING THEM.
02:43 - 03.700 THE ORDER.
02:43 - 06.980 >>IT WAS A STUNT TO SHOW, BUT I
02:43 - 08.560 THINK THE FACT THAT IT DOES NOT
02:43 - 10.660 INCLUDE THEM POINTS OUT THAT
02:43 - 12.370 THIS IS NOT ABOUT.
02:43 - 15.270 >>MISTER KING.
02:43 - 20.610 COMMENT THAT CASE IS ABOUT AND
02:43 - 21.380 THEY NEED TO
02:43 - 24.180 A CHILL CRITICISM OF THE
02:43 - 26.630 COURT'S DECISION. YOU KNOW I
02:43 - 27.950 HAD THIS IS ESPECIALLY
02:43 - 29.920 TROUBLESOME YOU KNOW TO TAKE A
02:43 - 30.270 TURN
02:43 - 33.100 ASIAN LEGANES. UNDER THE
02:43 - 36.060 INCARCERATION ARE PROHIBITED.
02:43 - 39.540 2. DISCUSSING THE PUBLIC.
02:43 - 44.140 >>DISAGREEMENTS THAT THEY HAD
02:43 - 46.440 WITH COURTROOM. HIS IS IT WAS
02:43 - 48.500 VERY VERY THE WORST.
02:43 - 52.390 >>YES IS BETTER.
02:43 - 55.330 I'M JUST
02:43 - 57.020 KISSES A PREFACE I'M CURIOUS
02:43 - 58.470 HEAT, YOU SAID ALL OF YOUR
02:43 - 00.400 COLUMN CLIENTS PRIOR COUNSEL
02:44 - 01.680 HOW MANY OF THEM ARE THERE.
02:44 - 03.650 >>THERE WERE 2 OTHER COUNCIL.
02:44 - 05.640 2 OTHER IN HOW LONG HAS THIS
02:44 - 06.460 CASE BEEN GOING ON.
02:44 - 09.450 THIS CORE THIS CASE WENT ON FOR
02:44 - 11.940 ABOUT 3 YEARS BEFORE THE DEAL.
02:44 - 12.840 OKAY.
02:44 - 19.460 >>CONTENT BASED I THINK ITS
02:44 - 21.580 CONTENT NEUTRAL. YOU
02:44 - 24.570 CAN GO TO THE LEGISLATURE HE
02:44 - 25.670 CAN GO TO THE TOP OF THE
02:44 - 27.930 MOUNTAIN. AND YOU CAN
02:44 - 30.530 SCREAM ABOUT PREJUDICE
02:44 - 32.590 AGAINST FATHERS FAVORITE ISN'T
02:44 - 34.110 FROM OTHERS, SPLITTING
02:44 - 36.520 HIS SIBLINGS, ABUSE OF
02:44 - 38.490 CHILDREN, ETCETERA THE ONLY
02:44 - 39.920 THING YOU CAN DO
02:44 - 42.240 IS TALK ABOUT THE SPECIFIC CASE
02:44 - 44.020 IN JUDGE CLARK SAID THE REASON
02:44 - 45.430 FOR THAT WAS SHE WAS TRYING TO
02:44 - 47.960 PROTECT THE CHILD. WHICH SEEMS
02:44 - 50.380 TO BE LEGIT HOW ARE YOUR FIRST
02:44 - 52.940 AMENDMENT RIGHTS CONSTRAINED IN
02:44 - 53.770 ANY WAY
02:44 - 55.430 GIVEN THE FREEDOM YOU HAVE TO
02:44 - 57.380 SPEAK ABOUT EVERYTHING EXCEPT
02:44 - 59.530 DO SOMETHING THAT IMPLICATES
02:44 - 00.390 THIS PORCH OUT.
02:45 - 02.770 >>WELL WE CAN TALK ABOUT THE
02:45 - 04.940 CASE THAT IS CONT HERE THERE
02:45 - 07.590 ARE 48,000 NOT CONTENT EXCUSE
02:45 - 08.510 ME AGAIN.
02:45 - 10.370 >>CONTENT IS SUBSTANCE.
02:45 - 13.200 WHAT CAN YOU NOT I DON'T WANT
02:45 - 14.290 TO FIGHT WITH YOU WHAT
02:45 - 16.920 SUBSTANCE. IN THIS AREA CAN YOU
02:45 - 18.110 NOT TALK ABOUT BECAUSE OF
02:45 - 18.760 THIS CONSTRAINT.
02:45 - 21.310 >>WELL YOU CAN TALK ABOUT IT
02:45 - 22.960 WITH THE COURT IN THIS CASE
02:45 - 25.710 AGAIN WE'VE GOT WE HAVE 48,008
02:45 - 27.050 CUSTODY CASES IN THE
02:45 - 28.570 COMMONWEALTH EVERY YEAR.
02:45 - 30.900 >>THERE ARE THINGS I THINK I
02:45 - 32.550 THINK YOU CAN SERVE YOU SIMPLY
02:45 - 36.540 CAN'T NAME THIS CASE YOU ABOUT
02:45 - 38.350 ANY OF THESE 48,000 CASES.
02:45 - 39.210 I
02:45 - 40.000 FOR EXAMPLE.
02:45 - 42.670 >>IS SUPPOSED TO HAVE A CHILD
02:45 - 43.980 IN MY SCHOOL WAS THE STAR
02:45 - 46.480 QUARTERBACK AND SO IT HAS TO BE
02:45 - 49.310 CHANGE AND BECAUSE OF THE PAST
02:45 - 52.520 MAY CHANGE. HE WON'T BE PLAYING
02:45 - 54.480 FOR THE STATE AND THE PTA AND
02:45 - 55.370 THE AND ITS
02:45 - 59.000 REPORTERS WANTED TO KNOW WHAT
02:45 - 00.210 WHERE WHAT HAPPENED TO
02:46 - 02.520 THIS PARTICULAR JOHN AND THE
02:46 - 04.530 REST ALL THAT IS TO RECORD
02:46 - 07.100 STATION HERE. JOHN'S MOTHER
02:46 - 09.360 FATHER, NOT BE ABLE TO TALK
02:46 - 09.780 ABOUT
02:46 - 11.350 WHAT HAPPENED. MY
02:46 - 17.840 PROMISING
02:46 - 21.020 A GRAY. GIRL GOING TO BE IN THE
02:46 - 21.570 SCIENCE
02:46 - 24.010 FAIR AND AND THIS YEAR LOGAN
02:46 - 26.060 BOARD TO HER CONDITION AND AND
02:46 - 27.590 SECONDLY BECAUSE THEY SAID IT
02:46 - 29.070 WAS DANGEROUS HE EVER DOES IT.
02:46 - 30.630 NOBODY CAN TALK ABOUT IT
02:46 - 32.570 IN EVERY CUSTODY CASE THE
02:46 - 34.340 ARGUMENT CAN BE MADE WITHOUT
02:46 - 36.050 EVIDENCE STACKED TALKING ABOUT
02:46 - 36.750 THE CASE
02:46 - 41.700 DISCUSSING THIS PARTICULAR IS
02:46 - 43.800 SOMEHOW AFFECTS THE JOB DONE IN
02:46 - 46.080 A WAY WHICH WE THAT WE LICENSE.
02:46 - 48.980 JEREMY IT
02:46 - 52.880 MIGHT BE. WELL AGAIN I AM LAST
02:46 - 53.910 LAST QUESTION THAT.
02:46 - 56.000 >>YOU DON'T SEE THE DISTINCTION
02:46 - 57.520 BETWEEN DISCUSSING.
02:46 - 00.620 THE THE BRIDE SUBJECTS FRANKLY
02:47 - 02.160 I THINK IT'S NOT A BAD IDEA TO
02:47 - 03.660 PORT QUARTERBACK IS NOT UNDER
02:47 - 04.580 THE PRESSURE OF THAT
02:47 - 07.130 PUBLIC NEWSPAPER BECAUSE OF HIS
02:47 - 09.120 PARENTS PROBLEMS. BUT YOU DON'T
02:47 - 10.320 SEE THE DISTINCTION BETWEEN
02:47 - 13.370 DISCUSSING THAT ISSUE NOT
02:47 - 14.340 PERSONALIZING IT TO
02:47 - 14.780 THE CHILD.
02:47 - 17.430 >>WELL, THERE'S NO CONTEXT YOU
02:47 - 18.290 KNOW IT TOOK THIS
02:47 - 21.410 A BAD. AS THERE'S A PROBLEM IN
02:47 - 21.570 OUR
02:47 - 23.590 COURT SYSTEM AND YOU'RE ASKED
02:47 - 24.790 THE QUESTION WELL WHAT'S THE
02:47 - 27.390 EVIDENCE OF IT'S IT SEEMS MY
02:47 - 29.070 CASE, BUT I CAN'T TALK ABOUT IT
02:47 - 30.120 OPENLY GAYLE.
02:47 - 32.550 I THINK THAT'S A VERY SERIOUS A
02:47 - 33.900 PROBLEM I UNDERSTAND YOUR
02:47 - 35.450 POSITION, THANKS TO YOU.
02:47 - 37.110 >>THANK YOU JUSTICE A.
02:47 - 38.610 >>THANK YOU CHIEF.
02:47 - 41.540 >>COUNCIL I'M CONCERNED I
02:47 - 44.160 CHARACTERIZATION ON SO THE
02:47 - 44.480 JUDGE
02:47 - 46.950 CLARK'S ORDER. YOU KNOW
02:47 - 48.400 INDICATED, I'M GOING TO GIVE
02:47 - 49.830 YOU AN OPPORTUNITY TO CORRECT
02:47 - 51.520 THIS IF I MISUNDERSTOOD YOU.
02:47 - 53.610 I THOUGHT YOU INDICATED THAT
02:47 - 54.970 THE GIST OF HOW.
02:47 - 57.650 ORDER HER MOST A SON IN ENTER
02:47 - 00.750 AN ORDER WAS OBVIOUSLY
02:48 - 04.020 TO PREVENT YOU. LONG YOU
02:48 - 05.920 INTEND THE YOUR CLIENTS
02:48 - 08.000 PREVIOUS COUNCIL FROM
02:48 - 11.110 CRITICIZING EACH. CLARK,
02:48 - 14.330 I'M READY. LATELY DIFFERENTLY.
02:48 - 15.050 I RAN
02:48 - 18.350 IT HAS AND YOU'RE AN OR TO
02:48 - 21.350 PROTECT A CHILD IN HER TENT,
02:48 - 22.510 PROTECT THE CHILD'S
02:48 - 26.020 IDENTITY WHICH IS A WORTHY ALL
02:48 - 27.790 THAT I BELIEVE EVERY JUSTICE ON
02:48 - 29.600 THIS COURT WOULD DORST TO SOME
02:48 - 31.930 EXTENT SO COULD YOU CLARIFY FOR
02:48 - 32.280 ME.
02:48 - 34.550 >>SAYING IT'S
02:48 - 37.220 THE FLAG. HER BIG CRITICISM OF
02:48 - 38.940 THE GARTER SO HE BURIED SORT OF
02:48 - 40.840 SAND AND THE RULING. I HAVE NO
02:48 - 41.320 PROBLEM
02:48 - 44.010 WITH IT. PEOPLE CRITICIZING ME
02:48 - 46.020 IS CRITICIZING THE DECISION IN
02:48 - 46.890 DALLAS IS
02:48 - 49.110 THE INCLUSION
02:48 - 51.460 THE RULING AND THAT'S WHAT THE
02:48 - 53.800 CRITICISM IS A WAS THEN KNOWN
02:48 - 55.320 BY TO TALK ABOUT THE CASE.
02:48 - 56.750 IT MAY HAVE BEEN BAD.
02:48 - 59.280 >>THIS IS WHERE DO YOU DRAW
02:48 - 01.730 THAT CONCLUSION THAT INTENDED
02:49 - 04.340 TO ORDER AS TO WHY. CHRIS IS.
02:49 - 05.580 >>THE
02:49 - 07.720 FACT THEY JUST ALL STARTS WHERE
02:49 - 09.190 NO ONE WOULD DISAGREE WITH THE
02:49 - 11.050 DECISION HE WAS GOING BACK TO
02:49 - 11.680 THE ISSUE OF THE
02:49 - 14.550 2008. IT SURE SHOULD IN WHICH
02:49 - 16.950 THE ONLY CASE OF THIS VERY
02:49 - 19.050 COURT DECIDED AND WHICH WAS
02:49 - 21.540 SIGNED BY THIS CASE IN 2006.
02:49 - 24.160 THAT CASE DID NOT INVOLVE
02:49 - 25.790 PEOPLE TALKING ABOUT THE CASE
02:49 - 28.570 IN IT. IT INVOLVED A PARENT
02:49 - 31.370 BE ABLE TO DISCUSS WITH
02:49 - 34.950 HIS DAUGHTER. WHAT WAS AND IS A
02:49 - 36.190 PALM HAS BEGUN.
02:49 - 39.250 IT MADE. FOR RELIGIOUS
02:49 - 41.510 PURPOSES. THIS COURT.
02:49 - 44.610 INTERESTINGLY ENOUGH, EVEN
02:49 - 45.930 THOUGH THE SUPERIOR COURT.
02:49 - 49.820 IT NOT BULLIES CUSTOMER BEALE
02:49 - 51.810 BACKYARD, YEAR-OLD TELLS NAME
02:49 - 53.500 AND THEN THERE HAVE BEEN LARVAE
02:49 - 55.670 OR SAID ABOUT THAT CASE
02:49 - 57.790 DISCUSSED IN 2008.
02:49 - 00.920 THEN THE PARENTS WILL INTERVIEW
02:50 - 02.910 HARRIS DISCUSS THE CASE.
02:50 - 04.000 IT WAS
02:50 - 06.500 IT HAD A LOT OF BANKERS IN THE
02:50 - 08.250 MEDIA AND THE LEGAL COMMUNITY
02:50 - 09.790 BECAUSE OF THE IS.
02:50 - 15.930 SHE NEVER EXCUSE ME LET'S GET
02:50 - 17.470 BACK TO THIS CASE THOUGH.
02:50 - 19.030 >>IN THIS CASE ISN'T IT
02:50 - 20.830 POSSIBLE THAT JUDGE CLARK'S
02:50 - 23.880 LAYUP LIED TO YOU AND YOUR
02:50 - 25.970 CLIENT AND HER OTHER COUNCIL
02:50 - 27.860 BECAUSE YOU'RE THE ONLY ONE
02:50 - 30.720 SIDE AT RISK OF MENTIONING THE
02:50 - 33.520 CHILD'S NAME OR REVEALING HER
02:50 - 34.800 DON'T OCCASION.
02:50 - 37.740 >>WELL THAT THAT'S OUR STRENGTH
02:50 - 40.130 ON THING BASE AND JUST
02:50 - 43.270 ADDITIONAL AND AGAIN. IF THAT
02:50 - 44.240 WERE THE CASE.
02:50 - 47.320 THEN WHY DOESN'T IT APPLY
02:50 - 49.330 TO EVERYBODY IF YOU WEREN'T
02:50 - 51.160 BACK LOOK I DON'T WANT ANYBODY
02:50 - 53.170 TALKING ABOUT THIS AND I WANT
02:50 - 55.350 THIS TRIAL AND THE CHILD HAS A
02:50 - 57.720 DIFFERENT NAME AND THEIR LAST
02:50 - 00.710 NAME. SO YOU KNOW ONCE YOU
02:51 - 01.320 START
02:51 - 03.510 WHAT ENGLAND. THOSE SORTS
02:51 - 05.900 RESTRICTIONS ON A PAIR OF
02:51 - 07.150 ENDING TO A LOT
02:51 - 09.160 OF JOBS. I CAN MY FINDINGS
02:51 - 11.740 AND ONE WAY IS CHILD WHO WAS BY
02:51 - 13.950 HER SIDE IN MANY WAYS VERY DAY
02:51 - 15.410 AND WAS WELL KNOWN IN ANY
02:51 - 16.710 SUDDENLY DISAPPEARED FROM
02:51 - 17.180 A A.
02:51 - 19.510 >>THIS IS SHOULD IT YOUR
02:51 - 21.350 POSITION THAT YOU AND YOUR
02:51 - 23.880 CLIENT SHOULD BE FREE TO REVEAL
02:51 - 26.050 HER NAME REVEALED OUTS NATAN
02:51 - 27.880 WHENEVER YOU FLY AND HER AGAIN.
02:51 - 30.230 >>WELL THERE ARE
02:51 - 32.160 2 ISSUES HERE. WHETHER THAT'S A
02:51 - 33.600 GOOD THING TO DO AND THAT WAS
02:51 - 35.050 NEVER DONE IN
02:51 - 37.460 THE. BLISS CITY THAT
02:51 - 39.610 WAS GIVEN THIS CASE THE THINGS
02:51 - 41.630 THAT JUST ARE COOLER US TO TAKE
02:51 - 43.350 DOWN FROM THE IN THE END
02:51 - 43.870 ARE NONE.
02:51 - 47.290 >>REMOVED FROM GRANDMA.
02:51 - 50.060 >>BUT THE MINE.
02:51 - 53.370 >>SOCIAL MEDIA SITE. THE JOB I
02:51 - 55.580 EVER SEE THAT WAS NEVER
02:51 - 56.870 DONE SO THE
02:51 - 59.350 NOTION THAT EVEN THOUGH IT WAS
02:51 - 01.390 NEVER DONE IN THE PAST IT CAN
02:52 - 03.200 MAKE IN THE FUTURE WITH AN
02:52 - 05.450 ADDITIONAL LAYER WHO BUT
02:52 - 07.330 THE POINT THAT WE CAN'T EVEN
02:52 - 10.840 THIS CASE AND THEY IS IS A
02:52 - 12.990 WHOLLY UNFOUNDED NOBODY
02:52 - 15.880 MENTIONED THE THE BOTTOM OF
02:52 - 16.790 THAT VERY THIN.
02:52 - 19.390 IT BOTHERS HIM TURNING AND HIS
02:52 - 20.420 AND HER ON A GOOD
02:52 - 23.170 NOTE AND MAGIC MIKE SAYING WE
02:52 - 24.100 CAN'T MENTION THE
02:52 - 28.340 FATHER'S DAY. HAUNTS YOU.
02:52 - 31.070 >>THANK YOU WE HAVE A CROSSING
02:52 - 33.600 TO 5 MINUTES LEFT SO I WOULD
02:52 - 34.560 LIKE TO DIVIDE
02:52 - 37.580 THAT TIME. QUESTIONS BETWEEN
02:52 - 39.570 YES, THIS IS AN AUDIO JUSTICE
02:52 - 41.880 DAUGHERTY STARTING WITH JUSTICE
02:52 - 43.210 DONE HERE. THANK
02:52 - 43.720 YOU CHIEF.
02:52 - 47.050 >>I COUNSEL COULD I BE COULD
02:52 - 49.240 JUDGE CLARK AND SEAL THE RECORD
02:52 - 49.400 IN
02:52 - 51.380 THIS CASE. SHE KNEW AND SHE
02:52 - 56.110 DIDN'T YOU INTO US COULD SHE
02:52 - 57.020 HAVE DONE THAT.
02:52 - 01.870 OK AND IF SHE HAD DONE NOW WHEN
02:53 - 02.380 SHE NOT
02:53 - 04.880 HAVE ACCOMPLISHED MUCH OF WHAT
02:53 - 07.810 IS A ISSUE IN THE ORDER THAT HE
02:53 - 07.970 AND.
02:53 - 10.750 >>I
02:53 - 12.200 THINK IT'S A COMMON
02:53 - 13.770 MISPERCEPTION ABOUT WHAT I SEE
02:53 - 15.650 A WORK IT IS A SEAL RECORD ME
02:53 - 17.350 THAT THE PUBLIC CAN GO TO
02:53 - 20.100 THE ARTICLE OBAMACARE'S OFFICE
02:53 - 21.330 AND SAY I WANT TO SEE THIS
02:53 - 23.370 EXCESS PERSON THAT A PERSON'S
02:53 - 24.470 ASSETS RECORDED.
02:53 - 28.030 >>IS THAT YOU CAN GO TO BE
02:53 - 29.730 PROVIDED JERRY'S WEBSITE AND
02:53 - 31.730 PUBLISHED AND INFORMATION ON
02:53 - 32.330 A WEBSITE.
02:53 - 34.160 >>WE'VE GOT TO MAKE THAT THE
02:53 - 35.610 CASE CAN BE DISCUSSED.
02:53 - 37.420 AND THAT'S TO CRITICAL IT
02:53 - 39.190 DIDN'T YOU KNOW YOU'RE YOU'RE
02:53 - 40.680 NOT ANSWERING MY QUESTION TO
02:53 - 42.950 THE EAST AND TO THE EXTENT.
02:53 - 44.590 >>AND SHE CAN ACCOMPLISH
02:53 - 47.420 PROHIBITING YOU A FRIEND.
02:53 - 48.250 I
02:53 - 50.760 REPLICATING INFORMATION ON THE
02:53 - 52.510 WEB SITE AND SHARING IT WITH
02:53 - 53.850 THE PUBLIC IF SHE COULD HAVE
02:53 - 55.170 DONE THAT WITH THE CEILING WERE
02:53 - 57.090 WHY CAN'T HE DO THAT WITH WITH
02:53 - 58.890 THIS ORDER SURE BECAUSE OF THE
02:53 - 59.960 RECORD IS SEALED
02:54 - 02.020 THAT DOESN'T. THERE HAVE BEEN
02:54 - 04.640 ANYBODY FROM SIMPLY TALKING
02:54 - 07.040 ABOUT. WHAT HAPPENED IN THE
02:54 - 08.550 COURTROOM. THERE'S A NEW
02:54 - 10.690 DOCUMENTS PERHAPS CAN'T THEY.
02:54 - 14.210 BLISTER TAPIA REPLICATED IN OR
02:54 - 15.660 CAN SEND IN AID AND IT DOESN'T
02:54 - 16.080 MEAN THAT.
02:54 - 18.280 >>BUT HE CAN'T TALK ABOUT.
02:54 - 19.800 WELL IT'S ALREADY OCCURRED.
02:54 - 23.130 >>I CAN JUST QUICKLY HIS
02:54 - 24.160 KNEECAP IT'S LIMITED.
02:54 - 26.370 HIS JUDGE JUDGE CLARK HAD THE
02:54 - 29.230 AUTHORITY, HE PLACED LIMITS ON
02:54 - 31.860 YOU AS AN ETERNITY INVOLVED IN
02:54 - 33.200 PENDING LITIGATION IN
02:54 - 34.980 HER COURTROOM. THAT ARE
02:54 - 37.130 DIFFERENT THAN I ANY
02:54 - 39.440 RESTRICTIONS THAT YOU PLACE AND
02:54 - 40.860 9 TURN
02:54 - 41.400 THE LAKE.
02:54 - 43.430 >>WHEN THERE'S NO ENGAGEMENT
02:54 - 44.950 PENDING THIS IS AT ALL AFTER
02:54 - 47.720 THE FACT SO I SAYS IT NOT.
02:54 - 50.080 WELL NOTHING TO DO IT BEST WHEN
02:54 - 51.720 THERE'S NOT A DAY AND THEN THE
02:54 - 53.860 I'M THAT
02:54 - 55.900 ANY OR IN THIS COUNTRY
02:54 - 57.760 HAS HAS SANCTIONED THE SORT OF
02:54 - 59.390 GAG ORDERS HAS BEEN.
02:55 - 03.000 AND TAKING A JURY IN A CRIMINAL
02:55 - 04.530 CASE. NO COURT
02:55 - 07.880 AND EVER SANCTIONED IN COURT
02:55 - 09.450 DECISIONS AROUND THE COUNTRY
02:55 - 11.360 WITH THESE SORT OF GAG ORDERS
02:55 - 12.200 AND THEY'VE ALWAYS BEEN
02:55 - 14.000 DECLARED AND AS USUAL. IT'S NOT
02:55 - 14.950 BAD IN A HURRY.
02:55 - 21.450 IF YOU, YES IS DARKER, YOU HAVE
02:55 - 24.460 A QUESTIONS OR JUST A YES, JUST
02:55 - 26.080 A QUICK QUESTION. I'D LIKE
02:55 - 26.580 TO PICK.
02:55 - 28.770 >>FROM OR YOU JUST LEFT OFF
02:55 - 31.010 COUNCIL. THIS IS NOT A CRIMINAL
02:55 - 32.740 CASE, THIS IS A CUSTODY CASE IN
02:55 - 34.020 WHICH THE STANDARD THAT THE
02:55 - 35.270 BEST INTERESTS OF THE CHILD.
02:55 - 37.760 THE CHILD ALSO HAS AN
02:55 - 39.940 EXPECTATION TO THE RIGHT OF HIS
02:55 - 40.020 OR
02:55 - 43.360 HER PRIVACY NOT TO HAVE WORRIED
02:55 - 45.650 WERE DETAILS OF A AN ALLEGED
02:55 - 48.560 SEXUAL MISCONDUCT. LOOK FOR IN
02:55 - 49.680 ANY SHAPE OR WHAT
02:55 - 52.300 GREEN FOOD ISSUE BEFORE THIS
02:55 - 54.000 ALEC THE WAY THIS COURT.
02:55 - 55.870 THE MATTER BUT WOULD IDENTIFY
02:55 - 56.850 THE CHILD CHEER
02:55 - 59.230 WITH ME ARE YOU THINK YOUR
02:55 - 01.280 FIRST AMENDMENT RIGHT AS WELL
02:56 - 02.780 AS YOUR PARTNERS
02:56 - 06.360 YOUR CLIENT SUPERSEDES THAT OF
02:56 - 08.900 A CHILD PRIVACY IN THESE
02:56 - 11.310 SPECIFIC CONTOURS OF A CUSTODY
02:56 - 11.770 CASE.
02:56 - 14.940 >>WELL FIRST LAW IS THIS ORDER
02:56 - 16.170 SIMPLY SAID.
02:56 - 20.570 IN THE DISCUSSION OF.
02:56 - 22.750 THIS CASE.
02:56 - 26.190 THE CHILD'S NAME JOE NOT THE
02:56 - 28.270 WORD DEAL. AND YOU HAVE A
02:56 - 30.010 DIFFERENT CASE. BUT THAT'S NOT
02:56 - 31.670 WHAT THIS CAN ORDER SAYS IT
02:56 - 33.610 SAID DEFENDANT ASSETS.
02:56 - 36.860 RICHARD CODEY IN VICTORIA MAC
02:56 - 38.930 AND PARKS WILL NOT SPEAK
02:56 - 41.550 PUBLICLY OR COMMUNICATE ABOUT
02:56 - 43.850 THIS CASE. NOW IT'S NOT
02:56 - 46.630 BEEN CLEARER. IN THAT GAG ORDER
02:56 - 48.380 THAT SAYS THAT WE
02:56 - 50.380 CANNOT TALK ABOUT THIS CASE AND
02:56 - 52.060 WE CAN ENCOURAGE OTHER PEOPLE
02:56 - 54.460 TO EVEN FIND OUT ABOUT THE CASE
02:56 - 58.030 MAY I MY QUESTION IS
02:56 - 58.840 VERY PERCENT.
02:56 - 00.800 >>HE SHOULD HAVE CUSTODY CASES
02:57 - 02.180 THE BEST INTERESTS OF THE CHILD
02:57 - 03.750 AND THE CHILD FOR THE PRIVACY.
02:57 - 06.110 WE SHARE WITH YOU WALK OR USE
02:57 - 07.860 YOUR FIRST AMENDMENT RIGHT THAT
02:57 - 09.370 WRONG THE CHILD'S RIGHT TO
02:57 - 11.680 PRIVACY IN THE DETERMINATION OF
02:57 - 12.810 ITS BEST INTEREST.
02:57 - 14.280 >>SO SO
02:57 - 16.730 UNDER THAT I THINK THAT THE
02:57 - 18.120 QUESTION OF PROPHETIC UL SAID
02:57 - 20.620 THAT'S RIGHT, BUT I JUST AN OK
02:57 - 22.470 SO NECK AND BACK
02:57 - 25.340 INCINERATION THERE COULD BE A
02:57 - 27.240 GAG ORDER FOR ANY PARENT
02:57 - 29.120 TALKING ABOUT ANYTHING TO DO
02:57 - 30.400 WITH THEIR JOB. HE COULDN'T.
02:57 - 33.600 TELL OTHER PARENTS YOU CAN
02:57 - 34.880 SHARE WITH OTHER PARENTS THAT
02:57 - 36.770 YEAR, YOUR CHILD HAS A MEDICAL
02:57 - 38.160 CONDITION BECAUSE THAT'S HOW
02:57 - 38.630 HAS THE RIGHT
02:57 - 41.510 TO PRIVACY. COUNCIL I WOULD I
02:57 - 42.960 APOLOGIZE I WOULD BE MORE
02:57 - 44.400 SPECIFIC AS TO SAY THIS GAG
02:57 - 45.750 ORDER WAS RELATED TO COME UP
02:57 - 46.290 MISTAKEN.
02:57 - 48.400 >>2 ANNOUNCEMENTS IN STATEMENTS
02:57 - 50.600 MADE THE AIR PUBLIC MEDIA AND
02:57 - 51.670 ON TV STATIONS,
02:57 - 53.540 SOMETHING THAT IS NOT NORMALLY
02:57 - 55.680 OCCUR IN SOME OF THE 4,000
02:57 - 56.960 CUSTODY CASE THAT ARE FILED
02:57 - 58.260 WITH IN THIS COMMONWEALTH AS
02:57 - 01.390 YOU INDICATED SPECIFIC AS TO
02:58 - 03.420 YOUR CONDUCT. THE CONDUCT OF
02:58 - 06.110 YOUR CLIENT. SO THIS IS AGAIN
02:58 - 07.620 WITH REGARD TO THE CASE BUT
02:58 - 09.330 WITH THIS COURT WHICH IS WHAT
02:58 - 10.840 NEW YORK LINE AND YOU'RE
02:58 - 12.740 ASSOCIATE IT PUBLICLY
02:58 - 15.340 IN ANNOUNCING THE FITBIT TORCH
02:58 - 17.810 CHRIS FACTS OF THIS WHICH
02:58 - 19.590 LASTED IN A 23 DAY TRIAL.
02:58 - 21.790 HERE WITH ME WHERE THAT CHILD'S
02:58 - 24.110 RIGHT TO PRIVACY IS SUPERSEDED
02:58 - 25.680 BY YOUR RIGHT TO TALK ABOUT
02:58 - 26.900 THEIR CHILD I LIKE.
02:58 - 29.620 >>BECAUSE INTUITION OF THE
02:58 - 32.540 COMMONWEALTH IN THE FIRST THE
02:58 - 33.410 UNITED STATES OF
02:58 - 34.880 AMERICA'S CONSTITUTION.
02:58 - 36.070 >>AND THEY COME BACK AND THE
02:58 - 38.110 CHILD'S CONSTITUTIONAL RIGHT TO
02:58 - 39.220 PRIVACY WHICH IS OF
02:58 - 41.780 PARAMOUNT IMPORTANCE. 6 TAKES A
02:58 - 43.300 SECOND SEAT TO YOUR
02:58 - 45.320 RIGHT TO SPEAK HIS JOB, IT'S A
02:58 - 47.030 YES OR NO RIGHT TO KNOW YOUR
02:58 - 48.690 ARMY THAT THAT HOUSE HARD TO
02:58 - 49.880 TELL THE NAME WAS NEVER
02:58 - 51.390 DISCLOSED IN ANY UGLY.
02:58 - 54.320 THE DISCUSSION THAT RESULTED IN
02:58 - 58.090 THE GANG ARE IT'S MY NAME AND
02:58 - 59.030 MY WIFE'S NAME,
02:58 - 00.250 A MAJORITY OF PEOPLE WOULD
02:59 - 02.130 UNDERSTAND WHO MY CHILDREN ARE
02:59 - 05.340 WHO WORK WELL IF WE TAKE THIS.
02:59 - 07.220 NBN
02:59 - 10.460 YOUR CONCERN AND THEY DON'T GET
02:59 - 12.970 A CARD WILL ENSUE EVERY CHOPPER
02:59 - 15.540 SAYING NO PARENT IN TALKING ALL
02:59 - 15.900 ABOUT
02:59 - 16.440 THE JOB.
02:59 - 19.490 >>YOU KNOW SUICIDE.
02:59 - 21.780 >>YOU MIGHT BE MEASURED ECONOMY
02:59 - 24.260 ON PUBLIC TV. THANK YOU PATTY.
02:59 - 26.130 >>YEAH, IT IT I
02:59 - 28.210 MISS YOU I THINK SHE'S SO WE'RE
02:59 - 29.220 GOING TO HEAR FROM A.
02:59 - 32.770 MISS PRIDE COUNSEL FOR THE APP
02:59 - 33.280 ONLY.
02:59 - 38.090 >>AND PLEASE
02:59 - 40.510 THE COURT. ELIZABETH PRIDE ON
02:59 - 43.190 BEHALF OF S B. AND YOU'LL HEAR
02:59 - 43.570 ME.
02:59 - 47.670 >>THIS QUESTION
02:59 - 49.290 ARISES IN THE CONTEXT OF AN
02:59 - 51.820 EXTRAORDINARY CASE IN WHICH ONE
02:59 - 53.620 PARTY IS LITIGATED EXCESSIVELY
02:59 - 54.580 AND EVERY LEVEL IN
02:59 - 56.950 STATE COURT IN MATTERS AND
02:59 - 58.320 MATTERS UNRELATED MATTER TO
02:59 - 00.170 BOTH CUSTODY AND CHILD SUPPORT
03:00 - 01.790 IN BOTH THE STATE AND FEDERAL
03:00 - 03.510 COURTS. MILLIONS HAVE BEEN
03:00 - 04.740 SPENT ON LITIGATION IN THIS
03:00 - 23.530 WORK OF LITIGATING IN
03:00 - 25.100 MISREPRESENTING THE VOLUMINOUS
03:00 - 28.610 AMPLY DEMONSTRATES THE ABUSER
03:00 - 29.900 IN THIS CASE IS NOT THE CHILD
03:00 - 31.940 THE APPELLANT IT WAS
03:00 - 34.360 INDIFFERENCE TO HER SON'S
03:00 - 38.080 ATTENTION WHICH IS CAUSED THE
03:00 - 40.140 TRIAL COURT TO STEP IN AGAIN TO
03:00 - 43.820 THIS IS A QUESTION OF WHETHER
03:00 - 46.560 JUDGE ENGLAND ANOTHER SPEECH
03:00 - 49.290 HARMFUL AND ARE DANGERS TO THE
03:00 - 52.790 IN AN ARGUMENT RIFE WITH HYPER
03:00 - 55.710 STATION MOTHER SAYS THAT THE
03:00 - 58.600 OTHERS ARE ADAMANT BOILS DOWN
03:01 - 01.320 DEAL OF DEFERENCE AND
03:01 - 04.880 FREEDOM SPEECH TO ANY SPEECH ON
03:01 - 09.070 STRICT SCRUTINY STANDARD
03:01 - 12.560 PROVIDE A LEGAL OR FACTUAL
03:01 - 14.220 JUSTIFICATION FOR THE RESTRAINT
03:01 - 16.330 AND THAT THE ORDER IS NOT
03:01 - 17.700 NARROWLY TAILORED TO SERVE A
03:01 - 21.810 THAT THE ORDER WAS MADE IN OVER
03:01 - 25.590 THINKERS RESULTS.
03:01 - 29.400 THESE THE COURT WAS A GREAT
03:01 - 31.500 PROTECTIONS TO THE FREEDOM
03:01 - 35.150 MORE PAGES AND CITATIONS
03:01 - 36.360 DOCUMENTING THIS IN HER
03:01 - 39.340 THERE'S CERTAINLY NO DISPUTE
03:01 - 42.020 WELL THE TRIAL COURT AND THE
03:01 - 43.720 SUPERIOR COURT WERE EXPLICITLY
03:01 - 47.700 NO RIGHT EVEN A FUNDAMENTAL
03:01 - 50.180 ISN'T CONDITION. THERE'S AN
03:01 - 51.860 BREEZE ACKNOWLEDGES THIS EVEN
03:01 - 55.190 THE QUESTION IS
03:01 - 58.660 TRIAL COURT IN THIS CASE PLACE
03:02 - 01.980 SPEAK ABOUT IT AND DO THOSE
03:02 - 04.760 EXIST HERE. MOTHER DOES NOT
03:02 - 06.260 ADDRESS THAT QUESTION IN HER
03:02 - 10.040 INSTEAD SHE STATES AND RESTATE
03:02 - 13.170 TO SPEAK CANNOT BE LIMITED AT
03:02 - 16.200 A THRESHOLD QUESTION IS CASES
03:02 - 18.520 PLACED IN THE TRIAL
03:02 - 22.220 STRICT SCRUTINY OF CLASS
03:02 - 25.590 CONTENT BASED IN GETTING TO
03:02 - 28.530 THIS THE UNITED STATES SUPREME
03:02 - 31.660 THAT TERM. INSTEAD OF REASONS
03:02 - 34.790 TO DEPENDS ENTIRELY ON THE
03:02 - 38.600 CUSTODY CASE THERE'S NO
03:02 - 40.020 QUESTION THAT IT CONSTITUTES A
03:02 - 44.370 SPEECH IT'S AN HERB RECENT 14.
03:02 - 49.520 PERRY FOR.
03:02 - 54.970 NOTE THE SHOW.
03:02 - 00.710 PURSUE THAT QUESTION MARKS THAT
03:03 - 04.430 >>THANK YOU CHIEF GOOD
03:03 - 08.290 QUESTION UP.
03:03 - 12.730 COURT'S INTENTIONS THAT
03:03 - 15.050 BE AN
03:03 - 19.760 MOTIVATED SO TO NOR DOES IT.
03:03 - 23.880 SEEM
03:03 - 28.610 STIPULATE IT'S BEEN SOME
03:03 - 31.740 THE ISSUE I THINK THAT'S
03:03 - 34.480 ADDRESS AND I'D LIKE YOU TO
03:03 - 39.390 OF OVER BREATHS
03:03 - 43.300 COMMENT ON OVER BREATH OVER
03:03 - 47.360 IT IS THAT WHEN WE DECIDE THIS
03:03 - 50.070 OUR DECISION WILL HAVE
03:03 - 54.860 ALL CUSTODY, CASES AND BEYOND
03:03 - 57.370 OF CUSTODY AND NOT JUST THIS
03:03 - 01.000 RESPONSIBLY AND THE TRIAL COURT
03:04 - 05.740 MEAN THE QUESTION IS IF WE.
03:04 - 11.530 WHAT IS TO SAY THAT
03:04 - 13.060 IT WON'T BE THE DEFAULT
03:04 - 15.040 MECHANISM IN EVERY ACRIMONIOUS
03:04 - 17.060 CUSTODY. CASE WHICH IS
03:04 - 19.590 QUITE FREQUENT THAT THE TRIAL
03:04 - 20.860 COURT IN JUST UNDER AN ORDER
03:04 - 21.900 SAYING MOTHER AND
03:04 - 23.760 HER COUNSEL SHE WILL NOT SPEAK
03:04 - 25.460 PUBLICLY OR COMMUNICATE ABOUT
03:04 - 27.580 THIS CASE, INCLUDING BUT NOT
03:04 - 29.090 LIMITED TO ET CETERA ET CETERA,
03:04 - 30.530 PARTICULARLY IN THE DAY OF
03:04 - 32.780 SOCIAL MEDIA. SHOULD WE BE
03:04 - 34.110 TROUBLED BY THE FIRST AMENDMENT
03:04 - 35.510 IMPLICATIONS OF THAT.
03:04 - 38.660 >>AND THE QUESTION
03:04 - 40.410 OF OVER BRETT I THINK GOES TO
03:04 - 43.070 WHETHER OR NOT THE ORDER WAS
03:04 - 44.560 TOM NARROWLY TAILORED TO
03:04 - 46.150 ACCOMPLISH ANY IMPORTANT
03:04 - 48.130 GOVERNMENTAL INTEREST. IN THIS
03:04 - 49.900 CASE, THE JUDGE COULD NOT HAVE
03:04 - 51.180 BEEN MORE CLEAR THAT THIS WAS
03:04 - 52.700 ABOUT THE CHILD NOT ABOUT THE
03:04 - 54.880 MESSAGE. THE JUDGE'S ORDER WAS
03:04 - 56.530 ACCOMPANIED BY 19 FACTUAL
03:04 - 57.920 FINDINGS ABOUT THE POTENTIAL
03:04 - 58.870 HARM TO THE CHILD.
03:04 - 01.400 AND THE AND
03:05 - 04.970 THE ORDER STATES THAT AT THE
03:05 - 06.210 CONCLUSION OF THE ORDER AND
03:05 - 07.820 STATES WHAT IT WAS NOT MEANT
03:05 - 10.050 TO DO. THIS ORDER DOES NOT
03:05 - 12.010 PROHIBIT ANY PARTY OR COUNCIL
03:05 - 13.510 FROM PUBLICLY SPEAKING
03:05 - 15.290 EXPRESSING AN OPINION ABOUT THE
03:05 - 17.420 JUDGE INCLUDING DISCLOSING THE
03:05 - 19.000 ENTRY OF THIS ORDER OF COURT.
03:05 - 20.970 AFTER THE INFORMATION HAS BEEN
03:05 - 21.850 REMOVED AS SET
03:05 - 23.600 FORTH BY HOWEVER SUCH
03:05 - 25.190 EXPRESSION SHALL NOT IN ANY
03:05 - 25.550 NAME OF
03:05 - 27.500 THE CHILD OR OTHER INFORMATION
03:05 - 28.750 WHICH WOULD TEND TO IDENTIFY
03:05 - 31.200 THE CHILD. THE QUESTION OF OVER
03:05 - 33.250 BREAST. IF THE QUESTION IS
03:05 - 34.850 WHETHER THIS ORDER.
03:05 - 38.260 >>PRECLUDES TOO
03:05 - 40.140 MUCH SPEECH. I THINK THE COURT
03:05 - 41.830 MADE IT VERY CLEAR EXACTLY WHAT
03:05 - 43.280 IT WAS TRYING TO ACCOMPLISH
03:05 - 45.090 WAS TRYING TO ACCOMPLISH SPEECH
03:05 - 46.350 THAT WOULD I THAT MIGHT
03:05 - 46.960 IDENTIFY
03:05 - 50.350 THIS CHILD. EXPOSE THIS CHILD
03:05 - 52.210 TO UNDO RIDICULES FOREIGN
03:05 - 56.230 SCRUTINY AND AS THE SUPERIOR
03:05 - 58.900 COURT SAID. CLOSE AND WHETHER
03:05 - 00.580 AN ORDER IS OVERRIDE IS WHETHER
03:06 - 01.790 OR NOT A PERSON OF ORDINARY
03:06 - 03.150 INTELLIGENCE CAN UNDERSTAND
03:06 - 04.420 WHAT THEY'RE NOT SUPPOSED TO BE
03:06 - 04.810 DOING.
03:06 - 06.600 >>ONE OF THOSE THINGS UP IF I
03:06 - 08.020 MAY USE BRIEFLY BECAUSE MY TIME
03:06 - 08.940 IS SHORT.
03:06 - 12.670 ORDERING A PARENT IN THIS CASE
03:06 - 15.540 MOTHER. NOT TO PUBLICLY STATE
03:06 - 18.560 HER NAME. THAT'S QUITE
03:06 - 21.710 A STARK. FIRST AMENDMENT ISSUE
03:06 - 22.120 ISN'T IT.
03:06 - 24.990 >>THE REASON THAT MOTHER WAS
03:06 - 27.570 ASKED TO PUSH IT REASONS I I
03:06 - 29.210 DON'T HAVE ANY REASON TO
03:06 - 31.200 QUESTION THE JUDGES REASONS HER
03:06 - 32.950 REASONS OR NOT THAT
03:06 - 35.140 I KNOW IT'S ALWAYS SHE'S AN
03:06 - 37.430 EVIL GENIUS TRYING TO STAMP OUT
03:06 - 38.610 FREE SPEECH IN THIS COUNTRY.
03:06 - 41.800 THE ISSUE IS WHAT WAS DONE NOT
03:06 - 43.050 THE INTENTION BEHIND IT.
03:06 - 45.430 AND HOW IS IT THAT SAYING A
03:06 - 47.190 PARENT. A PERSON
03:06 - 48.920 CAN'T PUBLICLY STATE THEIR NAME
03:06 - 50.220 IS NOT OVER BROAD FIRST
03:06 - 51.190 AMENDMENT PURPOSE.
03:06 - 53.220 >>BECAUSE OF THE QUESTION
03:06 - 56.410 RELATES TO WHETHER WHETHER THE
03:06 - 58.110 JUDGE'S ORDER WAS
03:06 - 59.940 NARROWLY TAILORED TO ACCOMPLISH
03:06 - 00.830 WHAT YOU SET OUT
03:07 - 02.590 TO ACCOMPLISH ASSUMING THAT
03:07 - 04.110 THAT WAS A PERMISSIBLE SANCTION
03:07 - 06.150 FOR HER TO BE TRYING TO DO IN
03:07 - 09.230 THIS CASE. GIVEN THE NATURE OF
03:07 - 11.570 THE COMMUNICATION. IF SHE
03:07 - 13.190 IDENTIFY AND THE NATURE OF THE
03:07 - 15.050 FACTS OF THE CASE THERE ARE
03:07 - 16.870 HAVING IDENTIFIED HERSELF
03:07 - 18.810 MADE IT TIED THE CHILD TO THE
03:07 - 20.710 INFORMATION THE SALACIOUS AND
03:07 - 22.400 DISTURBING INFORMATION. THE
03:07 - 23.750 MOTHER WAS DISSEMINATING
03:07 - 25.650 SO IT'S NOT A QUESTION NOBODY
03:07 - 27.420 IS SAYING MOM CAN'T GO SAY
03:07 - 27.770 SHE'S IN
03:07 - 30.180 HER NAME IS YOU KNOW USE HER
03:07 - 32.250 NAME IN SAYING THAT SHE IS PART
03:07 - 34.270 OF A CUSTODY CASE. SHE CAN'T GO
03:07 - 36.050 OUT THERE AND SAY THIS IS MY
03:07 - 37.960 NAME AND THESE ARE THE THINGS
03:07 - 40.160 THAT MY SON SAID, AND THIS IS
03:07 - 43.690 THIS IS FORENSIC EVALUATION AND
03:07 - 45.000 HAVE ALL THAT STUFF POSTED
03:07 - 47.590 ONLINE. THESE WERE THIS ISN'T A
03:07 - 49.930 BLACK TANKING INVASION OF THIS
03:07 - 51.110 CHILD'S PRIVACY
03:07 - 52.540 AND THE THING THAT MAKES IT AN
03:07 - 54.080 INVASION OF THIS CHILD'S
03:07 - 56.300 PRIVACY, THE IDENTIFICATION OF
03:07 - 57.170 THIS CHILD
03:07 - 00.300 MOTHERS IDENTIFICATION OF
03:08 - 02.410 HERSELF. IN THAT HE IS ONLY ONE
03:08 - 04.540 CHILD IN THE FACT
03:08 - 07.440 THAT SHE SHE WAS INSTRUMENTAL
03:08 - 08.760 IN GETTING THIS CHILD AND HIS
03:08 - 10.120 SMALL PRIVATE SCHOOL WHERE
03:08 - 12.010 EVERYONE KNOWS WHO SHE IS YOU
03:08 - 15.160 HEAR IS. HER USING HER OWN NAME
03:08 - 17.320 IN CONNECTING TO THIS
03:08 - 19.510 SPECIFIC INFORMATION THAT
03:08 - 21.220 INDICATES THE CHILD'S PRIVACY
03:08 - 24.470 IS NECESSARY. I AS A PART OF
03:08 - 24.540 THE
03:08 - 27.240 NARROWLY TAILORED RESOLUTION TO
03:08 - 28.340 THE ISSUE THAT THE COURT WAS
03:08 - 29.370 TRYING TO ADDRESS.
03:08 - 32.560 >>THIS IS MONEY.
03:08 - 37.700 NO QUESTIONS. THANK YOU JUST
03:08 - 40.860 DESPAIR. PREMISED UPON YOUR.
03:08 - 43.640 DESCRIPTION IN RESPONSE TO
03:08 - 45.080 JUSTICE WEX IS
03:08 - 47.740 THIS CASE SUE INJURES 2 TERMS
03:08 - 48.980 IN IT IT OF.
03:08 - 50.200 >>THE.
03:08 - 54.410 >>ACTIONS TAKEN BY A MOTHER AND
03:08 - 57.200 HER COUNSEL WHICH REQUIRED
03:08 - 58.330 THE COURT TO
03:08 - 00.430 PROVIDE RESPONSE OR IS IT
03:09 - 01.940 UNFAIR WAY SHES THIS WORK
03:09 - 02.580 SUGGESTS THAT
03:09 - 05.760 THIS THIS. IT IN DANGER OF
03:09 - 07.400 BEING REPLICATED EVERY CUSTODY
03:09 - 07.850 CASE.
03:09 - 08.870 >>THIS IS AN
03:09 - 10.510 EXTRAORDINARY CASE.
03:09 - 13.940 >>THIS CASE MET ONE OF THE
03:09 - 14.730 THINGS AND FATHER
03:09 - 15.930 SUGGESTED HERE.
03:09 - 17.940 >>WHAT IS IT THAT THIS COURT
03:09 - 19.430 ORDER CHILLS OTHER FROM SIMILAR
03:09 - 21.000 CONDUCT AND I THINK THAT THAT
03:09 - 23.100 QUESTION ALSO RELATES TO
03:09 - 25.220 WHETHER THIS IS SOMETHING THAT
03:09 - 26.570 COURTS MAY TAKE AS AN
03:09 - 30.500 OPPORTUNITY IMPOSE IN SIMILAR
03:09 - 33.150 KINDS OF RESTRAINTS ON SPEECH
03:09 - 34.360 IN OTHER CASES.
03:09 - 36.340 LET'S REVIEW WHAT HAPPENED IN
03:09 - 39.010 THIS CASE AFTER A 23 DAY TRIAL
03:09 - 40.290 IN WHICH TESTIFYING 3
03:09 - 41.730 PSYCHOLOGICAL EXPERTS IN A
03:09 - 43.910 GARDEN HEADLIGHTS RESULTS OF 2
03:09 - 45.200 FRIENDS UNITED NATIONS WERE
03:09 - 47.270 SUBMITTED. MOTHER CONTINUALLY
03:09 - 48.400 RAISE ESCALATING AND
03:09 - 50.610 FORTUITOUSLY TIMED CLAIMS THE
03:09 - 52.410 CHILD HAD BEEN SEXUALLY ABUSED.
03:09 - 53.540 AND THE COURT FOUND THAT THERE
03:09 - 54.630 HAD BEEN NO THESE BY THE
03:09 - 56.080 FATHER, BUT THAT THE BEST
03:09 - 57.610 INTEREST WOULD BE SERVED BY
03:09 - 59.210 BEING PLAYED IN PLACE AND
03:09 - 01.940 FATHER SO LEGAL INS THIS
03:10 - 04.520 CUSTODY AND FROM THAT 23 DAYS
03:10 - 05.930 OF TRIAL MOTHER SELECTED A
03:10 - 07.010 SHORT EXCERPT OF THE
03:10 - 08.720 CHILD'S TESTIMONY AND THE
03:10 - 10.170 CHILD'S SECOND FORENSIC
03:10 - 11.840 INTERVIEW SHE DESCRIBED WHAT HE
03:10 - 12.550 SAID WAS ABUSED
03:10 - 15.850 BY FATHER. UNDERSTAND THAT WE
03:10 - 17.180 BECAUSE AGAIN OUR TIME IS
03:10 - 17.800 SHORT HERE.
03:10 - 21.430 >>IT THE DRAFT CARD CASE IN THE
03:10 - 22.370 U.S. SUPREME COURT I THINK
03:10 - 25.630 BRIAN YES, THE BRYANT. IT SET
03:10 - 26.410 FORTH A
03:10 - 30.240 FOUR-PART TEST. IS IF INDEED
03:10 - 32.480 THE CONTENT IT IS THE SPEECHES
03:10 - 33.970 CONTENT NEUTRAL IS THAT
03:10 - 35.200 APPLICABLE TO THIS CASE.
03:10 - 37.160 >>I THINK IT IS THE SUPERIOR
03:10 - 39.370 COURT. I BELIEVE INCLUDED THAT
03:10 - 41.140 THE HIRES STRICT STANDARD.
03:10 - 43.640 I WAS MET BY THIS CASE, BUT AT
03:10 - 44.720 THE SAME TIME.
03:10 - 46.340 I DIDN'T REACH THE O'BRIEN
03:10 - 47.670 FACTORS BECAUSE THE HIGHER
03:10 - 49.210 STANDARD OF STRICT SCRUTINY HAD
03:10 - 50.130 ALREADY BEEN MET.
03:10 - 51.670 HOWEVER, AS YOU LOOK AT THE
03:10 - 53.340 STANDARDS OF STRICT SCRUTINY.
03:10 - 55.490 IT'S A LOWER STANDARD. I DO
03:10 - 56.180 BELIEVE THAT IT
03:10 - 57.980 THAT IT APPLIES IN THIS CASE
03:10 - 59.980 BECAUSE THIS IS CONTENT NEUTRAL
03:10 - 01.880 SPEECH. THIS ISN'T ABOUT
03:11 - 04.670 WHETHER OR NOT AGREES WITH US
03:11 - 06.250 WHETHER OR NOT THE COURT OR THE
03:11 - 08.010 GOVERNMENT AGREES WITH WHAT
03:11 - 09.640 MOTHER IS SAYING THIS IS ABOUT
03:11 - 10.880 PROTECTING THE INTERESTS OF
03:11 - 12.380 THESE CHILDREN IN MY IN CHIEF
03:11 - 13.480 MY LAST QUESTION.
03:11 - 16.210 IF WE FIND THAT THIS IS
03:11 - 17.530 CONTENT NEUTRAL.
03:11 - 19.150 >>IS IT THEN FOLLOW THAT IT'S
03:11 - 20.210 NOT STRICT SCRUTINY.
03:11 - 22.890 >>I
03:11 - 25.180 MEAN IN IF WE FIND THAT THIS IS
03:11 - 26.970 CONTENT NEUTRAL. YES I AGREE
03:11 - 28.350 THAT IF WE FIND THAT IT'S NOT
03:11 - 30.150 STATES SCRUTINY. I THINK IN
03:11 - 31.690 THIS CASE, IT MEETS THE STRICT
03:11 - 32.800 SCRUTINY STANDARD.
03:11 - 34.290 BUT THE COURT SHOULD IMPOSE A
03:11 - 35.890 LOWER STANDARD FOR A CASE LIKE
03:11 - 36.280 THIS.
03:11 - 38.540 >>THANK YOU. THANK YOU JUSTICE
03:11 - 39.070 TIDES.
03:11 - 43.590 NO
03:11 - 46.110 QUESTIONS TOO. THANK YOU.
03:11 - 49.290 JUSTICE DONE HERE. I CAN SPEAK
03:11 - 51.060 THANK YOU. THANK YOU. JUSTICE
03:11 - 52.730 STAR KOREAN WILL CONCLUDE.
03:11 - 54.360 NO QUESTION CHIEF
03:11 - 57.950 THANK YOU OK THANK FRIDAY A
03:11 - 00.810 WORD GAME. ALTHOUGH PLEASE
03:12 - 04.070 BELIEVE WE UNDERSTAND THAT
03:12 - 04.630 ARGUMENT.
03:12 - 09.070 >>I AM TEMPTED TO SAY MORE YOUR
03:12 - 10.880 HONOR BUT I THINK I'M WELL.
03:12 - 12.450 >>REST OF MY LAURELS
03:12 - 17.170 ACTUALLY GOT IT, I'M SURE WE'RE
03:12 - 17.710 ALL OUT.
03:12 - 23.610 RESUME ARGUED THE FINAL CASE TO
03:12 - 24.290 THE DAY.
03:12 - 30.620 >>FOR OVER
03:12 - 32.850 35 YEARS THE EMMY AWARD-WINNING
03:12 - 34.440 WHETHER WORLD HAS PROVIDED IN
03:12 - 36.130 DEATHS STATEWIDE FORECAST THAT
03:12 - 37.710 YOU WON'T FIND ANYWHERE ELSE
03:12 - 39.010 WHETHER WORLD GIVES YOU MORE
03:12 - 40.140 THAN JUST TOMORROW'S WEATHER.
03:12 - 42.240 THEY OFFER LONG-RANGE FORECASTS
03:12 - 44.070 AND UNIQUE CONTENT THAT ANSWERS
03:12 - 45.800 TO WHY AS WELL AS THE WHAT
03:12 - 47.850 WHEN HOW WEATHER WILL AFFECT
03:12 - 50.000 YOUR LIFE. WHETHER WORLD FROM
03:12 - 51.290 THE PENN STATE DEPARTMENT OF
03:12 - 52.760 METEOROLOGY AND ATMOSPHERIC
03:12 - 55.460 SCIENCE WEEKDAYS AT 5.45 AND
03:12 - 57.340 AVAILABLE FOR FREE ON THE PCN
03:12 - 57.580 APP.
03:13 - 03.520 >>NEVER GIVE IS IN RE IS
03:13 - 05.620 STATING OF WHOM CAME BACK CLEAR
03:13 - 07.840 AND IN APPELLANT IS EVIE JAY
03:13 - 10.300 DEL SOL REPRESENTATIVE KELLY IS
03:13 - 11.150 ARNOLD KAPLAN.
03:13 - 14.210 A GOOD
03:13 - 17.970 HOW LONG IS THE TRUSTEE OF A
03:13 - 19.830 REVOCABLE LIVING TRUST CREATED
03:13 - 21.630 TO BENEFIT HIM IN A POLICE.
03:13 - 24.440 >>POLICE TO CHALLENGE CERTAIN
03:13 - 25.980 ASPECTS OF THE ADMINISTRATION
03:13 - 26.790 OF THE TRUST.
03:13 - 29.400 PROMPTING THE APPELLANT RETAIN
03:13 - 31.130 THE SERVICE SHE HAS TO OFFER.
03:13 - 33.600 IN RESPONSE THE SESSION WITH
03:13 - 37.130 DISCOVERY REQUEST RELATED TO
03:13 - 39.700 THE FIRM'S CALLAN PROVIDED
03:13 - 41.960 SIGNIFICANTLY REDACTED COPIES
03:13 - 43.400 THE ATTORNEYS INVOICES.
03:13 - 44.640 THE
03:13 - 47.070 TRIAL COURT AND DIRECTED A
03:13 - 48.850 PALLET OF FORWARD UNREDACTED
03:13 - 51.580 INVOICES. AND A TALENT APPEALED
03:13 - 54.040 CLAIMING THAT TRY THE CLIENT
03:13 - 56.620 AND WORK PRODUCT, RELIGION.
03:13 - 58.940 SPIRIT COURT COURSE, THE
03:13 - 01.390 APPEAL. INCLUDING AN APOLOGY
03:14 - 03.120 NOT IN NOT OFFER FACTUAL
03:14 - 06.280 SUPPORT FREEZE CLAIMS. ALLEN IS
03:14 - 08.710 CHALLENGING THOSE TERMINATIONS
03:14 - 10.510 YOU KNOW SO.
03:14 - 17.070 THANK YOU CHIEF JUSTICE TAYLOR.
03:14 - 18.750 I MEAN PLEASE THE COURT STEPHEN
03:14 - 20.670 NO SOUL FOR PALIN
03:14 - 23.230 WILLIAM MCALEER I'M MINDFUL OF
03:14 - 24.740 THE. TIME
03:14 - 28.770 >>GIVEN THAT TO HAPPEN DIES OF
03:14 - 30.450 ARGUMENT, SO I JUST DON'T WANT
03:14 - 31.610 TO GIVE A VERY BRIEF.
03:14 - 34.540 GENERAL OVERVIEW OF SOME OF THE
03:14 - 35.950 SIGNIFICANT BACKGROUND THAT I
03:14 - 37.700 THINK HELPS PUT IN CONTEXT.
03:14 - 40.520 THE IMPORTANCE OF ON PROTECTING
03:14 - 41.280 THE ATTORNEY TO CLIENT
03:14 - 43.760 PRIVILEGE IN THE WORK PRODUCT.
03:14 - 45.700 I'M CIRCUMSTANCES INVOLVING
03:14 - 49.690 TRUSTEES. SENSE THAT OF.
03:14 - 53.000 WILLIAM MCALEER I'M A SENIOR
03:14 - 54.380 AND HE CREATED A TRUST FOR THE
03:14 - 56.390 BENEFIT OF HIS SON AND 2
03:14 - 58.490 STEPSONS. THERE HAS BEEN
03:14 - 00.940 SIGNIFICANT LITIGATION. FROM
03:15 - 02.120 THE APPLE LEAVES.
03:15 - 05.090 BENEFICIARIES AGAINST THE
03:15 - 07.270 TRUSTEE. WILLIAM MCALEER
03:15 - 10.200 ALL ALONG WE'RE NOT JUST
03:15 - 11.870 CHALLENGES TO THE ORDINARY
03:15 - 14.780 ADMINISTRATION OR MAYBE ISSUE
03:15 - 15.900 THAT WILL GET INTO
03:15 - 17.540 THE LINE BETWEEN WHAT IS
03:15 - 18.950 ORDINARY ADMINISTRATION AND
03:15 - 20.930 WHAT IS AFTER CEREAL IS NOT
03:15 - 22.850 ALWAYS AN EASY WANT TO DEFINE.
03:15 - 24.550 AFTER
03:15 - 25.410 THE FIRST.
03:15 - 28.890 PARTIAL ACCOUNTING THE APPLE
03:15 - 31.100 LEE'S FILED OBJECTIONS AND
03:15 - 33.210 INCITED 21 CLAIMS OF ERROR
03:15 - 34.900 AFTER SOME CONTENTIOUS
03:15 - 35.760 LITIGATION.
03:15 - 38.770 THEY WITHDREW OR THE COMMON
03:15 - 40.820 PLEAS COURT DISMISSED EVERY
03:15 - 41.920 SINGLE ONE OF THOSE
03:15 - 44.310 WITH PREJUDICE. TRUSTEE WAS
03:15 - 46.290 ALSO FORCED TO
03:15 - 49.310 RETAIN COUNSEL TO OBTAIN SOME
03:15 - 51.090 LOCK BOXES THAT THE APP POLICE
03:15 - 52.920 SAID AN APPROPRIATELY TAKEN.
03:15 - 55.640 THAT CONTAINED IS STATE
03:15 - 56.270 PROPERTY.
03:15 - 58.940 AND THEN FINALLY WITH RESPECT
03:15 - 59.840 TO THE SECOND.
03:16 - 03.990 AND FINAL ACCOUNTING ON POLICE
03:16 - 06.180 HAVE FILED AND CLAIMS
03:16 - 08.200 OF AIR. ONE OF WHICH IS THE
03:16 - 09.360 CHARGE THAT THERE WERE
03:16 - 10.550 EXCESSIVE ATTORNEYS FEES
03:16 - 13.310 INCURRED IN RELATION TO
03:16 - 16.260 THE ADVERSARIAL PROCEEDINGS
03:16 - 17.760 THAT ARE THE RESULT OF THE
03:16 - 19.050 APPLE II ZONE CONDUCT.
03:16 - 22.830 AS YOU INDICATED MISTER CHIEF
03:16 - 23.620 JUSTICE
03:16 - 26.820 AND I THE TRUSTEE PRODUCED THE
03:16 - 28.960 ATTORNEYS INVOICES. ALL
03:16 - 31.030 ALONG I THEY DON'T NECESSARILY
03:16 - 32.900 AGREE WITH THE CHARACTERIZATION
03:16 - 33.740 THAT THEY WOULD
03:16 - 36.140 COMPLETELY REDACTED THOSE
03:16 - 38.090 APPEAR AND REPRODUCE RECORD ON
03:16 - 41.150 PAGES 20207 INCONSISTENT WITH.
03:16 - 44.250 LEGAL
03:16 - 45.940 FRAMEWORK SURROUNDING
03:16 - 47.010 THE PRODUCTION OF
03:16 - 48.760 ATTORNEY-CLIENT IN THE TOURNEY
03:16 - 49.060 WORK
03:16 - 51.200 PRODUCT INFORMATION. THE
03:16 - 53.310 INVOICES CONTAIN THE IDENTITY
03:16 - 55.470 OF TIMEKEEPERS THE AMOUNT OF
03:16 - 59.280 TIME THAT INCURRED AND SOME
03:16 - 01.400 DESCRIPTIONS OF OATH, THE
03:17 - 02.190 SERVICES.
03:17 - 05.090 HOWEVER THERE WERE CERTAIN
03:17 - 06.330 DESCRIPTIONS THAT WOULD
03:17 - 07.010 INCLUDE.
03:17 - 10.150 THAT WOULD REVEAL A TOURNEY
03:17 - 11.440 WORK PRODUCT ATTORNEY-CLIENT
03:17 - 12.430 COMMUNICATIONS THAT WERE
03:17 - 15.180 REDACTED YESTERDAY ALSO
03:17 - 17.740 I BELIEVE I SAID MAYBE
03:17 - 19.430 INCORRECTLY SIGNIFICANTLY AND
03:17 - 21.010 IT'S A COMPLETELY REDACTED.
03:17 - 22.860 >>YOU MAY DID NOT DIFFER WITH
03:17 - 24.180 THAT CHARACTERIZATION.
03:17 - 26.290 SIGNIFICANTLY, BUT AN IDEA
03:17 - 26.670 ABOUT.
03:17 - 31.470 SUGGEST THIS IS BEGINNING WITH
03:17 - 33.060 JUSTICE MONDAY IF THEY HAVE ANY
03:17 - 33.570 QUESTION.
03:17 - 36.150 >>GOOD AFTERNOON. I I DO HAVE A
03:17 - 37.930 QUESTION. I'M I'M I'M WONDERING
03:17 - 38.710 WHY.
03:17 - 41.210 >>THIS A SCENARIO WITH THIS
03:17 - 43.550 RELATIONSHIP OF A TRUSTEE AND
03:17 - 46.070 BENEFICIARIES IN A TRUST IS
03:17 - 49.050 DIFFERENT THEN SITUATION WHERE
03:17 - 50.120 YOU WOULD HAVE AND.
03:17 - 53.500 DEFENSE COUNSEL REPRESENTING
03:17 - 58.340 2 DEFENDANTS. WHEN IN FACT THAT
03:17 - 00.060 THERE ARE EYES IS A SCENARIO
03:18 - 03.180 WHERE THE BENT DEFENDANTS HAVE
03:18 - 04.460 AN ISSUE BETWEEN THEM THAT
03:18 - 05.530 WOULD REQUIRE YOU TO GET
03:18 - 07.360 SEPARATE COUNSEL. WHY ISN'T
03:18 - 09.080 THAT THE SIMPLE SOLUTION HERE.
03:18 - 10.390 THEY WOULD JUST GET SEPARATE
03:18 - 12.030 COUNSEL FOR THE TRUST AND
03:18 - 14.370 SUPREME COUNCIL FOR THE I
03:18 - 15.610 MISSING THE PICTURE.
03:18 - 18.720 THINK THAT'S I THINK THAT'S A
03:18 - 20.680 FAIR POINT I'M JUST GOING TO
03:18 - 20.820 BE.
03:18 - 23.650 PART OF THE
03:18 - 26.150 CONFUSION WITH FROM ME ACCOMPLI
03:18 - 27.280 SPORT, I THINK IN THIS
03:18 - 28.240 CASE WAS.
03:18 - 30.500 >>NOT RECOGNIZING THAT UNDER
03:18 - 32.320 THE LAW THE ATTORNEY ERNIE DOES
03:18 - 33.730 NOT REPRESENT THE ESTATE.
03:18 - 35.750 ON THE INTERNET IS NOT
03:18 - 37.120 REPRESENT THE BENEFICIARY.
03:18 - 38.570 INTEREST SITUATION, THE
03:18 - 39.560 ATTORNEY TO REPRESENT THE
03:18 - 42.250 TRUST IT. AND SO I YOU KNOW
03:18 - 44.580 TRUSTEES OR CALL ON TO
03:18 - 46.700 ADDRESS NUMEROUS ISSUES RELATED
03:18 - 48.890 EYE TO EYE ON THAT ROSS
03:18 - 51.550 ON MANY OF WHICH REQUIRED AND
03:18 - 53.500 LEGAL COUNSEL AND THAT THE
03:18 - 54.400 RELATIONSHIP BETWEEN THE
03:18 - 55.750 TRUSTEE AND COUNCIL AND THE
03:18 - 58.250 TRUSTEE IN ORDER TO HAVE
03:18 - 01.510 CONFIDENCE THAT THEY CAN SEEK
03:19 - 03.200 APPROPRIATE COUNSEL IN THAT
03:19 - 04.140 THERE'S NOT GOING TO BE
03:19 - 07.080 A POTENTIAL DISCLOSURE OF THE
03:19 - 08.770 INFORMATION THAT THEY THEY
03:19 - 10.190 REQUESTED THE INFORMATION THEY
03:19 - 12.690 RECEIVED. TO FEEL CONFIDENT
03:19 - 13.740 THAT THE U.S.
03:19 - 15.730 TRADITIONAL RULES OF
03:19 - 17.000 ATTORNEY-CLIENT COMMUNICATION
03:19 - 18.320 OF THAT TO WORK PRODUCT.
03:19 - 21.630 FOR IT. THANK YOU. THANK YOU
03:19 - 22.510 JUST DESPAIR.
03:19 - 25.440 >>I MISS YOU DOWN SO THIS SEEMS
03:19 - 26.740 TO ME TO BE A TRICKY.
03:19 - 30.870 ON ONE HAND I THINK THIS COURT
03:19 - 31.320 CERTAINLY
03:19 - 33.820 I PERSONALLY ALWAYS PROTECTED
03:19 - 35.310 ATTORNEY-CLIENT PRIVILEGE SOUTH
03:19 - 38.170 SLEEP. THE OTHER HAND, HOW DOES
03:19 - 39.900 THE OTHER SIDE PROVE
03:19 - 42.160 ITS CASE THAT TRUST
03:19 - 44.880 CORPUS HAS BEEN WASTED THROUGH
03:19 - 45.850 ENOUGH
03:19 - 48.180 USER, HOWEVER, WITHOUT BEING
03:19 - 49.640 ABLE TO GET TO GET THAT
03:19 - 50.380 INFORMATION.
03:19 - 55.350 YOU FOLLOW I'M ASKING. I THINK
03:19 - 57.310 I DO I JUST DESPAIR AND.
03:19 - 00.040 WHAT THEY REPORTED FIRED IN
03:20 - 01.590 THIS CASE THEY RAISED AN
03:20 - 03.720 OBJECTION SAYING THAT THERE ARE
03:20 - 04.810 EXCESSIVE ATTORNEYS.
03:20 - 07.720 >>INVOICES
03:20 - 09.860 WERE PRODUCED IN AND DO A LOT
03:20 - 11.390 IN THIS CASE AND I
03:20 - 13.170 AND FROM YOUR COURT LEAVING
03:20 - 15.780 VERSUS A SET OF PA. FOX
03:20 - 16.650 A BELT.
03:20 - 19.300 THAT FLY COMMUNICATIONS IN THAT
03:20 - 20.820 TO WORK PRODUCT SPECIFICALLY IN
03:20 - 22.420 THE CONTEXT OF BILLING RECORDS.
03:20 - 24.790 AND WITH THE COURT SETTINGS
03:20 - 26.540 THAT BILLING RECORDS CONTAIN
03:20 - 27.000 BOTH.
03:20 - 29.010 MOTLEY CRUE VILLAGE AND
03:20 - 30.390 PRIVILEGED INFORMATION SO TO
03:20 - 31.510 ANSWER YOUR QUESTION BILLING
03:20 - 32.460 RECORDS WOULD HAVE TO BE
03:20 - 33.480 PRODUCED IN WORK.
03:20 - 36.050 AND THAT THE NON PRIVILEGE
03:20 - 37.590 PORTIONS OF THOSE RECORDS BE
03:20 - 40.300 PRODUCED SUCH AS IN YOUR IT'S
03:20 - 42.090 YOUR VIEW THAT IF THOSE
03:20 - 44.460 WERE PRODUCED THEN WE GIVE
03:20 - 46.870 HOSING SIDE B E T.
03:20 - 49.090 >>NONINTEREST THE BENEFICIARIES
03:20 - 51.320 ADEQUATE INFORMATION TO BE ABLE
03:20 - 51.930 TO PROSECUTE
03:20 - 52.480 THEIR CASE.
03:20 - 54.610 >>YES, AND SHIED AND IT'S JUST
03:20 - 56.090 LIKE ANY OTHER LITIGATION IN
03:20 - 58.260 WHICH BILLING RECORDS ARE
03:20 - 59.400 PRODUCED IF THERE'S A FEE
03:20 - 01.890 APPLICATION. IF THERE IS I A
03:21 - 04.540 CLAIM THAT MAYBE THERE WAS AN
03:21 - 07.400 OVERREACTION. COURTS DEAL WITH
03:21 - 08.070 ALL THE TIME.
03:21 - 10.340 >>WAS HERE THAT AND I'M SORRY
03:21 - 11.400 TO INTERRUPT YOU, BUT MY TIME
03:21 - 13.220 IS SHORT. HERE THE TRIAL COURT
03:21 - 15.450 DECLINED A REQUEST FOR AN
03:21 - 17.440 CAMERA REVIEW. THAT'S GREAT.
03:21 - 19.140 WE HAVE TO REMAND THIS KNOW THE
03:21 - 20.450 TRIAL COURT TAKE A LOOK AT ALL
03:21 - 20.800 OF THIS.
03:21 - 24.850 >>IF THERE'S A
03:21 - 26.290 IF THERE IS A SUGGESTION THAT
03:21 - 26.590 CERTAIN
03:21 - 29.010 REDACTIONS WERE OVER REDACTED
03:21 - 30.420 YES AND I THINK THAT HAS TO BE
03:21 - 31.510 REVIEW BUT WITHIN THE
03:21 - 34.490 TRADITIONAL FRAMEWORK. THAT
03:21 - 35.850 FLIGHT CREW WOULD UNIT TO WORK
03:21 - 36.220 PRODUCT.
03:21 - 38.130 >>THEY'RE NOT SO AND SO WE
03:21 - 39.760 DECIDED THAT CURRENT CLIENT WAS
03:21 - 41.510 APPLICABLE IN YOUR ESTIMATION.
03:21 - 43.620 AND THEN A TRIAL COURT DECIDES
03:21 - 45.220 WHETHER WHATEVER YOU HAVE IN
03:21 - 46.430 YOUR RECORDS ARE NOT.
03:21 - 49.910 OKAY, I GOT IT THANK YOU.
03:21 - 51.400 YES, IT'S NOT.
03:21 - 54.310 >>QUESTIONS CHIEF.
03:21 - 55.820 >>THANK YOU JUST
03:21 - 56.330 DON'T HEAR.
03:21 - 58.410 >>I'M POINT OF CLARIFICATION
03:21 - 00.060 WHAT WHAT IS IT YOU'RE ASKING
03:22 - 00.300 US
03:22 - 02.430 TO DO I AS I UNDERSTAND IT
03:22 - 05.030 YOU CAN NOT ONE S TO A GOT A
03:22 - 06.830 FIDUCIARY STEPS IN TO BE
03:22 - 08.070 TURNING CLIENT PRIVILEGE.
03:22 - 12.030 >>OFTEN TIMES OFTENTIMES A NEW
03:22 - 12.410 BREED
03:22 - 14.970 FEEL SAY I DON'T ADOPT THE
03:22 - 16.920 EXCEPTION PARTICULARLY IN A
03:22 - 18.900 CASE LIKE THIS WITH INTENT JUST
03:22 - 20.500 RADIATION. SO WHICH IS IT.
03:22 - 23.770 YOU ALL OF YOU DON'T WANT TO
03:22 - 25.990 ADOPT ANY PARTICULAR HE IS LIKE
03:22 - 26.410 YES.
03:22 - 28.900 >>AND I THINK THAT'S A FAIR
03:22 - 30.840 POINT AND MAYBE THE LANGUAGE OF
03:22 - 32.680 THE BRIEF WAS IMPRECISE RIGHT.
03:22 - 36.400 OUR POSITION IS THAT. AGAIN
03:22 - 39.900 COUNCIL TO A TRUSTEE REPRESENTS
03:22 - 40.570 THE TRUSTEE.
03:22 - 44.040 AND TRUSTEES HAVE TO BE ABLE
03:22 - 46.730 TO. FEEL CONFIDENT THAT THEY
03:22 - 48.670 CAN CONSULT COUNCIL ON A
03:22 - 50.740 VARIETY OF COMPLEX LEGAL ISSUES
03:22 - 51.850 RELATING TO TRUST
03:22 - 53.520 WHETHER IT'S TREATING DIFFERENT
03:22 - 54.710 BENEFICIARIES THAT HAVE
03:22 - 55.620 DIFFERENT RIGHTS
03:22 - 56.610 DIFFERENTLY.
03:22 - 58.980 >>YEAH, I GET THAT COUNCIL BUT
03:22 - 00.520 WHAT IS IT YOU WANT TO GET IT.
03:23 - 02.900 HE WANTED TO STAY THERE IS NO
03:23 - 03.790 EXCEPTION.
03:23 - 06.140 OTHERWISE
03:23 - 07.580 REFERRED TO AC DC
03:23 - 09.670 ARIE EXCEPTION AND YOU'RE SO
03:23 - 10.760 VAIN IS ATTORNEY-CLIENT
03:23 - 12.230 PRIVILEGE OR YOU WANT TO
03:23 - 12.790 QUALIFY.
03:23 - 16.440 >>I DON'T THINK THERE SHOULD BE
03:23 - 18.390 ANY SHERRY EXCEPTION.
03:23 - 20.190 THE ATTORNEY FOR CLIENT
03:23 - 21.710 COMMUNICATIONS CODIFIED BY
03:23 - 22.460 STATUTE. THERE'S
03:23 - 24.820 NO EXCEPTION. SIMILARLY
03:23 - 26.350 ATTORNEY TO WORK PRODUCT IS IN
03:23 - 28.750 GOAL FOR 1,003.3 8 THERE IS NO
03:23 - 31.450 EXCEPTION AND THE PROBLEM I
03:23 - 34.010 THINK ALONG WITH CREATING SOME
03:23 - 35.900 SORT OF EXCEPTION ON THIS.
03:23 - 37.540 THIS. WHETHER IT'S
03:23 - 39.880 ADMINISTRATIVE OR ADVERSARIAL
03:23 - 42.370 ALL LINE IS THAT THAT LINE IS
03:23 - 44.290 FREQUENTLY BLURRY AND
03:23 - 46.670 WHEN IT'S AND WHAT YOU THINK IS
03:23 - 48.410 A CULT AND KNOW WHAT IS IN
03:23 - 49.310 MINUTES, YOU KNOW,
03:23 - 51.280 AND WHAT IS ADVERSARIAL AND
03:23 - 52.770 WHAT MIGHT BE ADVERSARIAL ONE
03:23 - 54.990 BENEFICIARY OR IN THE VIEW OF
03:23 - 57.370 ONE BENEFICIARY. I MIGHT BE
03:23 - 58.980 JUST ADMINISTRATE THEM MIGHT BE
03:23 - 01.120 DEEMED ADVERSARY OTHER. AND
03:24 - 01.500 LOOK
03:24 - 03.600 IT'S UNCERTAIN. AND AS THIS
03:24 - 04.810 COURT HAS NOTED AND ON CERTAIN
03:24 - 06.210 PRIVILEGES LITTLE BETTER THAN
03:24 - 08.830 NO. AND THAT UNCERTAINTY I
03:24 - 10.680 THINK IT'S GOING GOING TO HAVE
03:24 - 11.660 A CHILLING EFFECT ON THE
03:24 - 13.360 TRUSTEES WILLINGNESS AND
03:24 - 14.920 ABILITY TO GO SEEK LEGAL LOOKS
03:24 - 16.610 SET HAS YOUR QUESTION. I
03:24 - 18.240 DIRECTLY IS I DON'T THINK THERE
03:24 - 19.150 SHOULD BE ANY.
03:24 - 22.250 DISTINCTION OR EXCEPTION TO
03:24 - 24.760 OR FOR NEW SHARE EXCEPTIONS TO
03:24 - 26.400 RETURN TO WORK ON THAT FLIGHT
03:24 - 28.640 COMMUNICATION. IT'S EASIEST TO
03:24 - 29.560 SEE NO I THINK
03:24 - 30.850 WHEN THERE IS A CLEAR
03:24 - 32.260 ADVERSARIAL RELATIONSHIP AS
03:24 - 34.190 THERE WAS IN THIS CASE. WHY.
03:24 - 36.120 I DON'T THINK THAT THAT'S A
03:24 - 37.500 DISTINCTION THAT RELATIONSHIP.
03:24 - 39.710 THANK YOU. THANK YOU
03:24 - 41.910 JUSTICE DAUGHERTY MY QUESTION
03:24 - 43.170 FALLS RIGHT IN LINE WITH
03:24 - 45.030 JUSTICE AND YOU SHOW WHAT IS IT
03:24 - 45.340 THAT.
03:24 - 47.140 >>BIG WHAT IS THE RELIEF THAT
03:24 - 49.370 YOU REQUEST GO TO THE TRIAL
03:24 - 50.930 COURT FOR A DETERMINATION.
03:24 - 52.830 READ THE DOCUMENTS FALL WITHIN
03:24 - 54.010 THAT TIME FOR LUNCH.
03:24 - 56.580 >>BUT YES, THE TRIAL COURT JUST
03:24 - 58.930 RULED THAT IT PROPER TO DO ANY
03:24 - 01.140 INDEPENDENT EXAMINATION AFTER
03:25 - 03.590 YOUR US I APOLOGIZE FOR US MOST
03:25 - 05.720 EVERY MAN SO THAT THEY CAN AND
03:25 - 07.110 WHAT IS IT WHAT REMEDY DO YOU
03:25 - 09.190 SEE CAN CONFUSE AS HE RAN.
03:25 - 12.590 THERE ARE. WELL WE'RE ASKING
03:25 - 13.540 THAT THERE BE NO.
03:25 - 16.420 YOU CHERI EXCEPTION ADOPTED SO
03:25 - 17.850 IN THIS PARTICULAR CASE IT
03:25 - 18.510 SHOULD GO BACK TO
03:25 - 19.830 TRIAL COURT. IT'S THE
03:25 - 21.900 BENEFICIARIES NAPOLI'S THINK
03:25 - 22.560 THAT SOMETHING WAS
03:25 - 24.360 OVER DESIGNATED. AND YES, THE
03:25 - 25.670 TRUMP OR WOULD HAVE TO THEN DO
03:25 - 26.780 AN EVALUATION OF THOSE
03:25 - 29.360 PARTICULAR INTEREST. A TRY BUT
03:25 - 32.240 THANK YOU. WORK.
03:25 - 34.420 >>THANK YOU CHIEF JUSTICE GOOD
03:25 - 35.630 AFTERNOON MISTER DEL SOL.
03:25 - 39.100 IN THIS CASE YOU HAVE BOB.
03:25 - 41.200 AN ACRIMONIOUS.
03:25 - 44.890 SITUATION DISPUTE A LITIGATION.
03:25 - 48.050 BETWEEN CO-BENEFITS YEARS IS
03:25 - 50.480 NOT JUST BETWEEN BENEFICIARIES
03:25 - 52.310 BENEFICIARIES AND THEIR TRUSTY.
03:25 - 54.600 TRUSTEES AKO BENEFICIARY,
03:25 - 56.000 CORRECT. THAT'S CORRECT.
03:25 - 57.760 AND THE AND
03:25 - 00.570 THE FUNDS FOR NOT ONE BUT 2 LAW
03:26 - 02.570 FIRMS KAINO GATES AND ANOTHER
03:26 - 04.810 FIRM OR PAY OUT OF THE TRUST
03:26 - 06.800 CORPUS NOT BY THE NOT BY THE
03:26 - 08.610 TRUSTEE RIGHT. THAT'S CORRECT.
03:26 - 10.400 OKAY. SO.
03:26 - 14.650 YOU DON'T WANT. IN
03:26 - 15.950 THAT SCENARIO.
03:26 - 18.410 THE BENEFICIARIES WHO ARE
03:26 - 19.760 CLAIMING WITHOUT JUDGING THE
03:26 - 21.780 MERITS. THEY'RE CLAIMING OR
03:26 - 23.460 MAINTAINING THEIR. THERE'S
03:26 - 26.090 LOOTING OR WASTE OR WHATEVER ON
03:26 - 27.950 THAT THEY WANT TO GET THAT BY
03:26 - 29.660 THEIR CO BENEFICIARY, WHO
03:26 - 31.340 HAPPENS ALSO TO BE THE TRUSTEE.
03:26 - 33.580 AND THE CORPUS TO WHICH THEY'RE
03:26 - 37.030 ENTITLED TO SHARE USED TO PAY.
03:26 - 39.380 BUT YOU DON'T THINK THEY SHOULD
03:26 - 40.990 BE ALLOWED. GO LOOK AT THOSE
03:26 - 43.460 BILLS. I
03:26 - 44.090 THINK SOMETHING.
03:26 - 45.640 >>YEAH I I THINK THEY SHOULD BE
03:26 - 46.090 ALLOWED TO
03:26 - 48.000 LOOK AT THE NON PRIVILEGE
03:26 - 49.660 PORTIONS OF THOSE BUILDINGS
03:26 - 50.880 DOUBT THAT THEY BLACKED DOWN
03:26 - 52.970 ALMOST EVERYTHING. WELL LIKE I
03:26 - 54.460 SAID IF THERE IS A CLAIM THAT
03:26 - 56.130 THERE WAS AN OVERREACTION.
03:26 - 58.030 THEY HAVE NO CORE DOES HAVE THE
03:26 - 58.480 ABILITY
03:26 - 00.350 TO SAY WE'VE DONE IN CAMERA
03:27 - 01.820 VIEW AND PORTIONS THAT WERE
03:27 - 03.270 DESIGNATED AS PRIVILEGE.
03:27 - 04.460 I DON'T BELIEVE THEY ARE.
03:27 - 05.510 THANK YOU
03:27 - 08.380 CREATE A WHOLESALE YOU CHERI
03:27 - 10.150 EXCLUSION TO TURNING WORK
03:27 - 11.250 PRODUCT ATTORNEY-CLIENT
03:27 - 12.210 COMMUNICATION THAT DOESN'T
03:27 - 13.750 EXCUSE THE DEBT BATTLE, A
03:27 - 15.230 STARTING ROLE AGAIN TIME IS
03:27 - 17.430 SHORT. I WASN'T THAT BAD A LOST
03:27 - 19.030 IN THE ORPHANS COURT WHEN.
03:27 - 22.790 TRUSTEES COUNCIL. MERELY IMPOSE
03:27 - 24.380 SOME GENERALIZE PRIVILEGE
03:27 - 25.970 OBJECTION WITHOUT ANY
03:27 - 27.100 PARTICULAR STATION.
03:27 - 29.700 WELL THAT'S A SEPARATE ISSUE.
03:27 - 30.560 I DON'T THINK THE BATTLE IS
03:27 - 32.020 LOST BECAUSE THE COURT NEVER
03:27 - 33.630 NEVER ENGAGE THE BATTLE AND
03:27 - 34.800 NEVER GET TO REVIEW.
03:27 - 37.420 YES, I
03:27 - 38.290 UNDERSTAND WHAT YOU'RE SAYING
03:27 - 40.030 THE CALL THE THE COMPANY'S
03:27 - 42.230 COURT SAID THAT A PRIVILEGE WAS
03:27 - 43.150 NOT PRESERVED.
03:27 - 45.780 I THINK THAT THE PROBE WHICH
03:27 - 47.050 CLEARLY WAS PRESERVED IN
03:27 - 48.580 RESPONSE TO THE REQUEST.
03:27 - 51.790 THE INVOICES WERE
03:27 - 53.520 PROVIDED UNREDACTED FORM
03:27 - 55.460 CONSISTENT WITH LEVY VERSUS THE
03:27 - 57.710 SENATE OF PENNSYLVANIA. IN
03:27 - 58.780 RESPONSE TO THE MOTION TO
03:27 - 00.940 COMPEL COUNCIL FOR THE
03:28 - 02.370 APPELLANT THE TRUSTEE,
03:28 - 04.000 SPECIFICALLY RAISED BOTH THE
03:28 - 05.890 INTERNAL WORK PRODUCT INTO THE
03:28 - 08.130 NIGHT THAT FLANK COMMUNICATIONS
03:28 - 08.570 SAID THEY ARE
03:28 - 10.810 NOT WAITING. I ASKED THIS
03:28 - 12.110 QUESTION AND THEN I'LL LET
03:28 - 12.290 OTHER
03:28 - 14.060 JUSTICES ASKED. I'M SORRY GO
03:28 - 15.470 SURVIVED BY HIS WIFE WERE FEARS
03:28 - 17.080 THAT ONE POINT AND THEY DANCE
03:28 - 18.860 AND SHE DID OFFER TO HAVE AN IN
03:28 - 20.600 CAMERA REVIEW AND I THINK THEN.
03:28 - 23.320 BY SAYING GIVEN ALL THAT IT WAS
03:28 - 24.550 STILL WAY IT WAS PUTTING
03:28 - 27.130 COUNCIL AND ALMOST IMPOSSIBLE
03:28 - 28.960 SITUATION THAT TO DO MORE.
03:28 - 31.090 SHE WOULD HAVE TO JUST DISCLOSE
03:28 - 32.830 THE ALLEGEDLY THE PRIVILEGED
03:28 - 33.980 INFORMATION TO PROVE IT
03:28 - 35.720 WAS PRIVILEGE BECAUSE IT WAS
03:28 - 36.980 ONLY SO MUCH THAT YOU CAN SAY
03:28 - 38.810 OR DO IN VOTING PRIVILEGE.
03:28 - 41.090 I THINK SHE DID ALL. ALL RIGHT
03:28 - 43.290 LAST QUESTION. ISN'T IT
03:28 - 45.350 BECAUSE ON SOME
03:28 - 48.330 ACRIMONY US ENSURE A FAMILY
03:28 - 51.070 TRUST DISPUTES. JUST LIKE THIS
03:28 - 52.940 ONE. THEN THE RESTATEMENT
03:28 - 54.950 SECOND AND 3RD AND JUDGE
03:28 - 56.220 WEDDINGS DECISION IN THE OTHER
03:28 - 59.290 CASE. ALL TALK ABOUT ALL.
03:28 - 02.670 THE TRUSTEE, HIRING HIS OR HER
03:29 - 04.250 OWN COUNSEL IN OTHER WORDS.
03:29 - 06.570 ONCE THIS DISPUTE CROPPED UP
03:29 - 08.030 WITH THEIR STEPBROTHERS OR STEP
03:29 - 10.490 SIBLINGS OR WHATEVER. WHY
03:29 - 12.340 DIDN'T YOUR CLIENT GO. WHITE
03:29 - 13.400 BALL GO ON AND SAY.
03:29 - 15.800 WE HAVE A DISPUTE ABOUT THIS
03:29 - 18.130 TRUST CORPUS RATHER THAN
03:29 - 19.650 GRABBING THEIR TRUST CORPUS TO
03:29 - 21.970 PAY FOR MY ATTORNEYS, I'M GOING
03:29 - 23.890 TO PAY FOR THE ATTORNEY TO
03:29 - 26.380 PROTECT MYSELF AGAINST
03:29 - 28.770 BENEFICIARIES WHY DIDN'T THE
03:29 - 30.180 RESTATEMENT AND THE WEDDING
03:29 - 32.250 DECISION GIVE YOUR CLIENT.
03:29 - 34.770 A CLEAR GUIDANCE. YOU KNOW WHAT
03:29 - 37.190 I'M ON THE HOOK HERE. I NEED MY
03:29 - 40.360 OWN LAWYER, RATHER THAN USING
03:29 - 42.400 THEIR LAWYER, I'M SORRY THEIR
03:29 - 43.830 MONEY TO PAY FOR THE LAWYER
03:29 - 44.940 AGAINST THEIR INTEREST.
03:29 - 47.120 RIGHT. WELL A RESTATEMENT OF
03:29 - 48.620 TRUST SPECIFICALLY ADDRESSES
03:29 - 48.710 THE
03:29 - 51.120 PAYMENT OF ATTORNEY'S FEES OUT
03:29 - 52.800 OF THE CORPUS OF THE TRUST AND
03:29 - 54.850 BECAUSE IT IS SO IMPORTANT FOR
03:29 - 56.470 TRUSTEES TO HAVE ACCESS TO
03:29 - 58.340 COUNSEL AND TO MAKE SURE THAT
03:29 - 59.550 THEY ARE MAKING APPROPRIATE
03:29 - 00.760 DECISIONS IN THERE.
03:30 - 02.150 IN AND MEETING THEIR
03:30 - 04.320 OBLIGATIONS AS TRUSTEES THAT.
03:30 - 06.920 A LOT OF TRUST IS THAT THAT CAN
03:30 - 08.500 BE PAID OUT OF THE CORPUS OF
03:30 - 09.090 THE TRUST.
03:30 - 11.550 WITH THE FALL IN THE CASE
03:30 - 13.220 JUDGE WASTE BASEBALL BE VERSUS
03:30 - 16.830 GIRL ACHATZ 2002 CASE. WHEN
03:30 - 18.630 FOLLOWED BE HELD IS THAT.
03:30 - 20.680 THE GENERAL
03:30 - 23.320 OBLIGATION OF A TRUSTEE TO
03:30 - 24.700 PROVIDE INFORMATION TO THE
03:30 - 25.960 BENEFICIARIES UNDER THE
03:30 - 28.390 RESTATEMENT SECTION 82 SECTION
03:30 - 29.650 WAS NEVER ADOPTED IN THE
03:30 - 30.920 COMMONWEALTH OF PENNSYLVANIA.
03:30 - 32.700 THAT JUST STATES THAT.
03:30 - 34.930 THE BIG BENEFICIARIES HAVE A
03:30 - 36.390 REASONABLE BASIS TO INSPECT
03:30 - 37.930 TRUST DOCUMENTS RECORDS AND
03:30 - 41.280 PROPERTY OR. NOW NATO A LEAP
03:30 - 43.270 FROM THERE. IT STATED THAT
03:30 - 45.900 INCLUDES ATTORNEY TO CLIMB
03:30 - 47.110 COMMUNICATIONS, BUT THERE IS
03:30 - 48.510 NOWHERE WITHIN 3 STATEMENT
03:30 - 50.380 THAT'S NOT A RESTATEMENT 72 OR
03:30 - 51.890 IN THE NEW RESTATEMENT SECTION
03:30 - 54.870 OF TRACKS ONE 74. AND IN FACT
03:30 - 56.090 IN THE NEWER SECTION.
03:30 - 00.760 DAY DECLINED TO DO IMPOSE A
03:31 - 01.880 FIDUCIARY EXCEPT.
03:31 - 03.860 SO
03:31 - 06.450 THE JUDGE WHEN IT LOOKED AT
03:31 - 07.840 INVOLVES BE LOOKED AT THAT
03:31 - 09.170 RESTATEMENT SECTION THAT'S NOT
03:31 - 10.810 THE LAW COUNCIL VEIA ANDY
03:31 - 13.710 E READ INTO IT LANGUAGE THAT
03:31 - 16.090 I RESPECTFULLY DOESN'T EXIST HE
03:31 - 18.900 ALSO LOOKED AT THIS COURT'S IN
03:31 - 20.640 RE ROSENBLUM THE STATE FROM
03:31 - 23.180 1974. AND AGAIN THAT OPINION
03:31 - 25.930 ONLY STATES THAT A TRUSTEE HAS
03:31 - 26.870 A RESPONSIBILITY
03:31 - 29.200 TO PROVIDE CERTAIN DOCUMENTS OF
03:31 - 29.880 THE TRUST
03:31 - 31.830 THE BENEFICIARIES SO THAT THEY
03:31 - 33.270 UNDERSTAND WHAT THEIR INTEREST
03:31 - 33.790 AS THERE IS
03:31 - 35.740 NOTHING IN ATTORNEY-CLIENT
03:31 - 37.090 PRIVILEGE WAS NOT EVEN AN ISSUE
03:31 - 38.580 IN ROSE AND MISSUS COVER BEEN
03:31 - 39.790 ADDRESSED. BUT WHAT'S
03:31 - 41.350 INTERESTING ABOUT COLLINS BE IS
03:31 - 42.710 THAT EVEN JUDGE WAY TO
03:31 - 43.740 ACKNOWLEDGE IS THAT THE
03:31 - 45.550 RELATIONSHIP IS AND THIS GETS
03:31 - 47.460 YOUR QUESTION RELATIONSHIP WITH
03:31 - 48.380 COUNCIL IS A
03:31 - 50.540 RELATIONSHIP BETWEEN TRUSTEE
03:31 - 51.690 AND COUNCIL A COUNCIL
03:31 - 53.160 REPRESENTS THE TRUSTEE NOT TO
03:31 - 54.690 BENEFICIARIES OR THE ESTATE
03:31 - 56.350 EVEN ACKNOWLEDGE THAT THAT
03:31 - 58.210 INVOLVES BE IN STATES THAT THE
03:31 - 59.520 EXTENT THAT THE INTERESTS.
03:32 - 02.820 IN ARE DIVERGENT
03:32 - 04.190 BETWEEN THE BENEFICIARIES AND
03:32 - 06.010 THE TRUSTEE CLEARLY ALL THAT
03:32 - 06.750 WOULD BE PRESENT.
03:32 - 13.580 DUE THEY'VE REALLY RESPONDED TO
03:32 - 14.520 2 ARGUMENTS IN THE
03:32 - 18.070 >>MISTER DEL SOL. IF YOU HAD A
03:32 - 20.570 SENTENCE OR 2. BY WAY OF
03:32 - 23.190 SOME MARIA LET'S TURN TO THE AP
03:32 - 23.710 EARLY.
03:32 - 31.550 YES, THANK YOU IS TO AGAIN WE
03:32 - 33.070 I URGE THIS
03:32 - 35.320 COURT TO THINK ABOUT THIS CASE
03:32 - 36.480 AND I KNOW WE'RE THINKING ABOUT
03:32 - 37.910 THAT THE SMALL.
03:32 - 39.570 NARROW CONFINES, THIS
03:32 - 40.620 PARTICULAR CASE, BUT THE
03:32 - 42.470 BROADER RAMIFICATIONS OF ALL
03:32 - 44.340 THE COMPLEX IS THE PRESS, THE
03:32 - 44.930 SPACE.
03:32 - 46.150 >>ACTUALLY SHE'S REAL
03:32 - 48.660 ESTATE ISSUES. VARIOUS THINGS
03:32 - 50.510 THAT MUST BE ABLE TO FREELY
03:32 - 52.660 CONSOLE IN THE TANK, YOU COULD
03:32 - 55.410 ICE IF THERE'S A CONCERN ABOUT.
03:32 - 57.010 WHETHER
03:32 - 58.810 THAT ADVISE IT ACTED LAWFULLY
03:32 - 00.090 TO LITTLE EFFECT WHICH WILL
03:33 - 02.150 ULTIMATELY IMPACT THEIR ABILITY
03:33 - 04.170 TO PERFORM THEIR OBLIGATIONS I
03:33 - 05.700 THINK ULTIMATELY END UP IN HARM
03:33 - 07.560 TO THE TROOPS. I'M SORRY ARMS
03:33 - 08.420 ABOUT FISHER'S.
03:33 - 15.180 >>THANK YOU MAY PLEASE THE
03:33 - 16.320 COURT MY NAME IS
03:33 - 18.720 EARL KAPLAN REPRESENT MICHAEL
03:33 - 19.890 LANG AND STEPHEN LANG
03:33 - 21.490 BENEFICIARIES OF THE TRUST OF
03:33 - 23.090 THEIR WEIGHT STOP OTHER.
03:33 - 24.400 WELL YOU'RE NOT CLEAR.
03:33 - 26.520 INITIALLY WE
03:33 - 28.660 SIT MET THE DEAL SHOULD BE
03:33 - 30.080 QUASHED BECAUSE IT DOES NOT
03:33 - 31.660 MEET WITH 3 PRONG STANDARD.
03:33 - 33.750 A BLOW YOU UP AND HAD A ROCKY
03:33 - 34.520 TORY ORDER.
03:33 - 36.590 PURSUANT TO EITHER THE RULES OF
03:33 - 38.510 APPELLATE PROCEDURE AND SHE
03:33 - 40.510 SAYS HER SON TOLD HER WAS THE
03:33 - 43.040 CASE. THE ISSUE OF EXCESSIVE
03:33 - 44.810 USE OF THE TERM HE'S IS NOT A
03:33 - 46.320 CLEVER WAY SHE WOULD NOT BE
03:33 - 48.480 SEPARATED. THE MANAGER.
03:33 - 50.980 IT IS THE CENTRAL CORE ISSUE IN
03:33 - 51.990 THE CASE THAT FAR.
03:33 - 54.730 IT STARTED AND I BOTH THE TOP
03:33 - 56.300 WORK IN THE SUPERIOR COURT.
03:33 - 58.050 THERE ARE NO FACTS OF RECORD TO
03:33 - 59.440 SUPPORT THE ASSERTION OF
03:33 - 01.580 PRIVILEGE WHO MAY SHUN WHITE
03:34 - 03.450 MUTUAL ARE SAYS ONE IN CASE.
03:34 - 05.110 THERE'S A SHIFTING BURDEN
03:34 - 07.410 OF PROOF. YEAH, HELLO AND NEEDS
03:34 - 09.500 TO FIRST PLACE FACTS OF RECORD.
03:34 - 11.970 I HEARD PLEADING MOTION FOR
03:34 - 13.440 PROTECTIVE DO SO OR
03:34 - 16.140 PROTECTIVE ORDER. BUT IN
03:34 - 18.370 THIS SITUATION. THE TRUSTEE
03:34 - 20.090 NUMBER CERTAINLY WERE PLACED
03:34 - 22.390 ANY FACTS OF THE RECORD WHICH
03:34 - 23.980 WAS NOT PROPERLY RAISED.
03:34 - 26.040 YOU ARE DRESSING
03:34 - 28.510 THE MERITS EYE IN THE OPINION
03:34 - 31.350 IN THE 2002 CASE, A COMMON
03:34 - 33.420 PLEAS CASE OF POLAND'S BIEBER
03:34 - 35.670 SAYS BY LAW. THE HONORABLE
03:34 - 37.670 JUDGE PLAY. HE BALANCED
03:34 - 40.000 IN WADE. THE INTERESTS
03:34 - 41.870 OF THE TRUSTEES DUTIES
03:34 - 43.640 OF DISCLOSURE UNDER UNIFORM
03:34 - 46.000 TRUST ACT OR SAYS RIGHT THERE
03:34 - 48.500 ON CLIENT PRIVILEGE. HE MADE
03:34 - 51.110 REFERENCE TO RESTATEMENT SECOND
03:34 - 52.500 OF TRUST I JUST
03:34 - 54.500 WANT TO JUMP AHEAD
03:34 - 56.800 TO A RESTATEMENT 3RD OF TRUST
03:34 - 58.030 WHICH SAYS THAT WE
03:34 - 00.170 CAME OUT AND IT ESSENTIALLY
03:35 - 02.100 ENCAPSULATED THE SAME RUSSIAN
03:35 - 05.590 NOW AS JUDGE MEDICS HOLDING IN
03:35 - 07.810 CRITICAL DISTINCTION. THIS
03:35 - 10.070 MENTIONED A LITTLE BIT EARLIER
03:35 - 12.330 MISTER DEL SOL. IT'S
03:35 - 14.820 HARD TO DEFINE WHAT IS AN
03:35 - 16.680 ADVERSARIAL FOR SPEEDING.
03:35 - 17.970 WELL I SUBMIT
03:35 - 20.140 TO YOU WHEN IT'S HOLDING
03:35 - 21.490 RESTATEMENT SECOND EVERY
03:35 - 22.690 STATEMENT FROM US
03:35 - 25.530 DO I GO TO DEFINE
03:35 - 27.960 UNCLEAR WHEN. WHAT IS AN
03:35 - 30.060 ADVERSARIAL PROCEEDING. YOU
03:35 - 32.450 KNOW HOW AND IN THIS CASE, MRS.
03:35 - 34.140 THE CRITICAL DISTINCTION.
03:35 - 36.710 AND I AND WORKERS AERIAL
03:35 - 39.340 PROCEEDING IS PART OF HIS TRUE
03:35 - 41.070 PASSION. THE TRUSTEE FOR
03:35 - 41.840 REMOVAL
03:35 - 44.170 OR DISCHARGE. THOSE ARE WORDS
03:35 - 48.160 AND RESTATEMENT THIS CASE LIKE
03:35 - 50.220 THE LITIGATION. BUT IT WAS
03:35 - 52.600 ALWAYS ABOUT ADMINISTRATIVE
03:35 - 54.370 DECISIONS AND ACTIONS BY THE
03:35 - 56.700 TRUSTEE IT WAS NEVER ABOUT
03:35 - 58.750 SURCHARGE WORKED.
03:35 - 02.070 A DISMISSAL. WELL SINCE THERE
03:36 - 04.660 ARE NO FACTS OF RECORD. CERTAIN
03:36 - 06.870 BY THE TRUSTEE REGARDING
03:36 - 08.530 PRIVILEGE, IT'S UNCLEAR.
03:36 - 09.790 WHITE
03:36 - 12.380 TO EXPERIENCE. LAW FIRMS
03:36 - 13.800 REPRESENTING THE TRUSTEE WOULD
03:36 - 15.810 PLACE PRIVILEGED INFORMATION IN
03:36 - 17.750 BILLING STATEMENTS HALTING
03:36 - 20.050 THE TRUST. RUSTY HAS A DUTY OF
03:36 - 22.650 DISCLOSURE WHY DO IT. YES SIR
03:36 - 24.060 IIT'S TO SHIELD
03:36 - 26.260 THE BILLS, SHE'LL THE BILLS
03:36 - 28.060 FROM REVIEW OF BACK ISSUES AND
03:36 - 31.420 FROM WORK. IN A HIGHER ORDER IN
03:36 - 34.100 THIS CASE. OUR TRIAL JUDGE
03:36 - 35.640 ENTERED THE WATER REDUCING
03:36 - 38.230 AWARD TO THE TRUSTEE. WE'RE
03:36 - 41.460 TURNING MEANS. I 80%. YOU DON'T
03:36 - 44.360 SESSER WORSE OF THOSE. I
03:36 - 46.700 TURN THESE WE SHOULD NOTE THAT
03:36 - 49.180 BECAUSE OF HIS EARLIER ORDER
03:36 - 50.310 REDUCING FEES.
03:36 - 52.570 TRUSTEES ATTORNEYS. THEY
03:36 - 54.320 LEARNED LAST AND HE KNEW BETTER
03:36 - 56.080 A NEW NOT.
03:36 - 57.790 >>AS YOU KNOW WHAT WE SAY THEIR
03:36 - 00.420 PROTOCOL. WE ALLOWED 3 MINUTES.
03:37 - 02.980 WE'RE NOT THE STATE. AND THEN
03:37 - 04.970 YOU YOU'VE EXCEEDED THAT SO.
03:37 - 07.680 WE'RE GOING TO INCLUDE A PARDON
03:37 - 10.120 MOOT QUESTION. TURNING WITH GAS
03:37 - 12.220 AS MONDAY. I'M NO QUESTIONS
03:37 - 12.920 THANK YOU.
03:37 - 20.570 I CAN HEAR YOUR HONOR.
03:37 - 23.540 CAMMY NOW OH YES, SIR,
03:37 - 26.070 NATIONAL I'M GIVING UP ON
03:37 - 30.810 MY NOSE. SAME WAS TO GO SO
03:37 - 31.140 WELL.
03:37 - 34.140 >>CAN YOU PROVE IT, YOU KNOW
03:37 - 35.020 NOBODY CAN
03:37 - 37.830 CAN CAN. THIS COVERAGE PRETTY
03:37 - 39.840 QUIET PRIVILEGE FROM THE
03:37 - 41.440 OPPOSING SIDE IN
03:37 - 44.620 THE LAST. IN THIS CASE CAN YOU
03:37 - 47.320 PROVE IT THE CORPUS OF THE
03:37 - 51.290 WASTED WHICH IS YOUR THEORY BY
03:37 - 53.240 OTHER MEANS IN BEEN DISCOVERED
03:37 - 54.150 THIS INFORMATION.
03:37 - 57.280 >>WELL I NEED THIS INFORMATION
03:37 - 58.770 AND HE COMPLETELY ALL
03:37 - 01.560 UNREDACTED BILLING STATEMENTS
03:38 - 02.460 IN
03:38 - 04.820 THIS CASE. IF THE PAYMENTS THAT
03:38 - 07.070 WERE MADE TO THE EYE TO
03:38 - 08.500 TRUSTEES COUNCIL OUT OF THE
03:38 - 09.800 CORPUS OF THE TRUST AND
03:38 - 11.840 WITHDRAW ULTIMATELY BEING PAID
03:38 - 13.920 BY BENEFICIARIES I YOU KNOW
03:38 - 15.830 MOMS TO A PRETTY STAGGERING
03:38 - 16.850 AMOUNT IN FACT.
03:38 - 19.280 I WILL TELL YOU JOHN SHOW
03:38 - 20.990 DARKEN ENTERED AN ORDER.
03:38 - 23.860 PRECLUDING ANY FURTHER PAYMENT
03:38 - 26.420 OF THESE WITHOUT ANY
03:38 - 27.220 ADDITIONAL ORDER
03:38 - 29.320 COURT NEVER AND UPON
03:38 - 31.150 TRUSTEES REQUESTS FOR FURTHER
03:38 - 33.350 THESE KIDS DO I NEED FIRST TO
03:38 - 35.220 SEE THE COMPLETE MAKE A
03:38 - 36.090 TOTALITY OF
03:38 - 38.680 THESE BILLS. OH NO WE NEED
03:38 - 40.280 THOSE BILLS ARE REDACTED.
03:38 - 44.590 >>YOU CAN GUESS
03:38 - 45.140 IS TIME.
03:38 - 47.350 >>NO QUESTIONS THANK YOU.
03:38 - 49.710 >>THANK YOU, JUSTIN SUNNIER I
03:38 - 52.220 KNOW LIFE. THANK YOU JUSTICE
03:38 - 54.140 SAID TALKING. NO QUESTION.
03:38 - 56.570 YOU CAN JUST AS WELL.
03:38 - 58.740 THANK YOU CHIEF JUSTICE GOOD
03:38 - 59.930 AFTERNOON MISTER KAPLAN
03:39 - 01.440 DID THE.
03:39 - 03.410 >>TRIAL JUDGE THAT THE EARTH
03:39 - 04.100 DID THE ORPHANS
03:39 - 07.060 COURT JUDGE. SO ERROR IN THIS
03:39 - 09.110 CASE BY DECLINING TO CONDUCT AN
03:39 - 09.250 IN
03:39 - 11.290 CAMERA REVIEW. AND THAT
03:39 - 12.570 INCLUDED THAT FAILURE TO
03:39 - 15.120 CONDUCT AN IN CAMERA VIEW.
03:39 - 18.950 SHIFT THE BURDEN BACK TO YOUR
03:39 - 19.760 CLIENTS.
03:39 - 23.600 >>THERE'S NO ERROR WHATSOEVER
03:39 - 24.860 TO THE REASON IS TO
03:39 - 26.820 CALL FIRST. AND THERE ARE NO
03:39 - 29.920 FACTS PLACE OF RECORD FOR USE
03:39 - 31.770 ONLY A PRIVILEGE
03:39 - 34.290 AND WHY PRIVILEGED INFORMATION
03:39 - 36.090 WAS EVEN PLACED IN
03:39 - 38.950 BILLING STATEMENTS. SO.
03:39 - 40.480 THOUGH
03:39 - 41.900 THE THERE'S THERE'S A WINNER
03:39 - 43.630 AND THE SECOND THE SECOND
03:39 - 44.590 REASON IS THAT
03:39 - 47.440 HE'S A. BENEFICIARIES WHO ARE
03:39 - 48.540 PAYING FOR THE BILLS,
03:39 - 50.610 WE'LL NEED COMPLETE AND
03:39 - 51.340 UNREDACTED
03:39 - 54.000 BILLING STATEMENTS I TO ADDRESS
03:39 - 55.970 THE CENTRAL ISSUE OF THE CASE
03:39 - 57.950 AS WELL AS EXCESSIVE FEES.
03:39 - 59.830 >>A LAST QUESTION MISTER KAPLAN
03:39 - 02.040 WOULD YOU AGREE THAT A WAY OUT
03:40 - 02.350 OF THIS.
03:40 - 05.360 THANK YOU IS FOR YOUR
03:40 - 08.470 TRUSTY HIGHER PERSONAL COUNSEL
03:40 - 10.000 WHEN A DISPUTE ARISES WITH COOK
03:40 - 11.150 BENEFICIARIES.
03:40 - 12.590 >>YES, YOUR HONOR AND THAT WAS
03:40 - 14.490 ADDRESSED BY JUDGE LANDED HIM
03:40 - 15.950 IN THE FALL OF THE PURSES ARE
03:40 - 17.660 LOCKED CASE. IT'S ALSO
03:40 - 19.540 ADDRESSED IN RESTATEMENT SECOND
03:40 - 20.400 BIRD TRUST
03:40 - 22.490 I WOULD SUBMIT THAT DECIDED
03:40 - 24.750 HEARING SECTIONALS AS THE
03:40 - 25.890 ESSENCE OF WHICH WAS.
03:40 - 29.640 KIND BY A JUDGE LIKE
03:40 - 32.820 SAYS THAT IT THE
03:40 - 35.270 TRUSTEE RETAINS SEPARATE
03:40 - 36.140 COUNCIL PAY
03:40 - 39.050 THE THE TRUSTEES
03:40 - 41.080 OWN CLIMBS AND FOR THE
03:40 - 43.310 PROTECTION AS AGAINST SURCHARGE
03:40 - 45.410 AND OR DISMISSAL REMOVAL
03:40 - 47.270 UH YEAH THAT WOULD NOT
03:40 - 49.810 DISPOSABLE THAT WOULD TOPPLE
03:40 - 51.420 STOP JUST VERY JUST VERY
03:40 - 52.470 BRIEFLY SIR, I'M SORRY.
03:40 - 53.880 >>I'M JUST VERY BRIEFLY IN THIS
03:40 - 55.010 PARTICULAR CASE.
03:40 - 58.180 WHERE THE 2 LAW FIRMS BROUGHT
03:40 - 00.400 ON AS A RESULT OF THE DISPUTE
03:41 - 00.980 WITH THE
03:41 - 04.850 CO BENEFICIARIES OR PREEXISTING
03:41 - 05.850 INTEREST COUNCIL.
03:41 - 11.880 >>CLAIM BY THE TRUSTEE IS THAT
03:41 - 13.260 COUNCIL WERE BROUGHT ON
03:41 - 15.710 BECAUSE OF DISPUTES OVER
03:41 - 16.830 ADMINISTRATION OF
03:41 - 20.200 THE TRUST. I CAN'T SAY I CAN'T
03:41 - 22.810 SPEAK FOR THE TRUST ME, I'M A A
03:41 - 24.380 OUR WHY
03:41 - 26.720 THAT OCCURRED AND AGAIN THAT'S
03:41 - 28.650 WHY WE DON'T HAVE THOSE FACTS
03:41 - 31.570 OF RECORD. AS A THERE'S NOTHING
03:41 - 33.310 THAT'S BEEN A CERTAIN HAS RUN
03:41 - 35.750 NEED WORK. THE ATTORNEYS AND
03:41 - 36.840 THE USE OF THE PRIVILEGED
03:41 - 38.490 INFORMATION ON CERTAIN INTO
03:41 - 39.000 BILL.
03:41 - 44.270 >>WELL THANK YOU
03:41 - 46.640 MISTER CAPTAIN. BEFORE WE
03:41 - 47.940 CONCLUDE THEIR WORD
03:41 - 53.850 >>I KNOW I WAS GIVEN 2 MINUTES.
03:41 - 56.770 AGAIN WE'RE GUARDING THE
03:41 - 00.110 MERITS IN 2019 JANUARY OF 2019
03:42 - 01.010 THIS COURT.
03:42 - 03.950 THE COURT'S DECISION KIDS FOR
03:42 - 05.150 HISTORY AND LANDMARKS
03:42 - 06.720 FOUNDATION FOR SUSTAINED WORK.
03:42 - 08.550 THERE'S NO TELLING WHAT KNOW
03:42 - 10.530 WHICH IS A PERFECT PRACTICE FOR
03:42 - 12.230 THIS CHANGE. WELL THERE'S A
03:42 - 14.060 GOOD CASE DO NOT HAVE TALKS TO
03:42 - 15.720 SUPPORT A HOLDING ON THE ISSUE
03:42 - 16.790 OF ID SURE IT'S
03:42 - 19.400 AN EXCEPTION. THIS IF IT RUNS
03:42 - 21.920 WAS MADE TO THE 2002 ALL THE
03:42 - 24.150 PERSONS GIRL, A PROJECTS
03:42 - 26.750 WEDDING. TODAY. THIS COURT HAS
03:42 - 30.160 AN OPPORTUNITY IMPORTANT AND
03:42 - 31.600 AND AS I UNDERSTAND RECURRING
03:42 - 33.450 ISSUE IN INTEREST WELL AND WAS
03:42 - 35.540 FOUND WITH LAW PER COMMON WELL.
03:42 - 36.090 >>THERE
03:42 - 37.020 SHOULD BE.
03:42 - 39.940 >>THIS COURT IS A HUGE PUBLIC
03:42 - 42.300 POLICY CONCERN. THERE IS SOME
03:42 - 43.930 PROTECTION OF GOING TO BE HERE.
03:42 - 46.240 WE SHOULD BE A GREAT CONCERN.
03:42 - 47.450 WE'RE CONTINUING THE
03:42 - 49.940 BUSINESS PRACTICE. AS IS
03:42 - 53.130 REQUESTED THE IN THE IN MAKE
03:42 - 54.600 HISTORY BY THE PENNSYLVANIA.
03:42 - 57.020 BANKERS THEY WANT TO CONTINUE
03:42 - 58.680 BUSINESS AS USUAL THEY DON'T
03:42 - 00.080 WANT NECESSARILY
03:43 - 04.030 TO DISCLOSE. WHO'LL AND BE
03:43 - 05.950 ACCOUNTABLE WORK ALL OF THEIR
03:43 - 07.420 DOINGS AND SO THERE SHOULD BE A
03:43 - 09.660 GREAT CONCERN THAT UNSCRUPULOUS
03:43 - 12.660 ATTORNEYS SCRUPULOUS TRUSTEES.
03:43 - 16.070 A BILL A BILL IN A STATEMENT
03:43 - 16.650 WITH
03:43 - 20.380 PRIVILEGED INFORMATION THERE
03:43 - 22.800 WERE TRYING TO AVOID THIS WAS A
03:43 - 24.650 VILLAIN. THIS COURT HAS AN
03:43 - 26.130 OPPORTUNITY TO DA
03:43 - 27.810 WHEN I SAID MAN IS A LOGICAL
03:43 - 30.180 ONE COMMON SENSE TELL US WHY
03:43 - 30.890 YOU ALWAYS
03:43 - 33.080 THE CASE. IT'S A RATIONAL
03:43 - 35.160 ENCAPSULATED ALREADY BODY.
03:43 - 36.910 RESTATEMENT SECOND BIRD OF
03:43 - 39.560 TRUST. AND WE ARE AT THE
03:43 - 41.880 HEART FROM A FIVE-DAY SHERRY
03:43 - 44.070 EXCEPTION OR DROP FORTRESS AS
03:43 - 45.090 LE PEN'S WILL BANG.
03:43 - 45.940 THANK YOU.
03:43 - 47.520 >>THANK YOU FOR YOUR GAP AND I
03:43 - 49.040 SHOULD ALSO THANK YOU.
03:43 - 51.510 PRESIDENT AND WITH THAT WORLD
03:43 - 52.880 THAT GERMAN COURT.