00:10 - >>ALL MEN ARE PERSONS WITH

00:11 - BUSINESS BEFORE THIS COURT MAY

00:12 - NOW HERE IN SHELBY HER

00:14 - GOD SAVE THE COMMONWEALTH IN

00:16 - THIS

00:16 - ALL FOR THE OBAMA PRESIDENT

00:18 - JUDGE P KEVIN BROBSON

00:20 - PRESIDING. WE SEE THAT ONE.

00:31 - >>AND PRESIDING, BUT I'M NOT

00:33 - BUT THE

00:33 - REASON WHY. I CAME IN TODAY WAS

00:37 - A 2.

00:39 - HONOR MY FRIEND AND COLLEAGUE.

00:42 - PRESIDENT JUDGE AMERICA,

00:43 - MARIANNE 11. WHO WILL BE

00:45 - PRESIDING TODAY WHICH MEANS ARE

00:47 - ALL VERY VERY LUCKY.

00:50 - I HAVE JUDGE LEVITT MY ENTIRE

00:54 - PROFESSIONAL CAREER.

00:56 - THERE'S NO FINER PERSON NO

00:57 - FINER ATTORNEY NO FINER JUDGE

00:59 - THAT I'VE EVER COME ACROSS.

01:00 - IN MY LIFETIME. SHE'S A DEAR

01:02 - FRIEND AND I'M VERY PLEASED

01:05 - THAT ALTHOUGH SHE'S COMING TO

01:06 - THE END OF HER TERM AS A

01:08 - COMMISSION JUDGE ON THIS COURT.

01:10 - THE PRESIDENT'S SUPREME COURT

01:12 - HAS SEEN. THE WISDOM AND HAVING

01:15 - HER STAY WITH THIS COURT AS A

01:17 - SENIOR JUDGE, SO THIS IS HER

01:19 - LAST ON BOX SESSION. AND THE

01:22 - JUDGES OF THE COURT. MYSELF

01:24 - INCLUDED FELT ENTIRELY

01:25 - APPROPRIATE THAT YOU PRESIDE

01:28 - OVER THE PROCEEDINGS TODAY SO

01:30 - IN DOING THAT WE HONOR HER WE

01:32 - HONOR HER SERVICE TO THE PEOPLE

01:34 - OF PENNSYLVANIA TO

01:35 - THE COURT. AND YOU WILL

01:38 - GET TO SEE HER GOING FORWARD AS

01:40 - A SENIOR JUDGE OF

01:40 - THIS COURT. AS FOR ME YOU WON'T

01:43 - GET TO SEE ME

01:44 - GOING FORWARD. THIS MY LAST

01:47 - TIME SITTING IN THIS CHAIR AS

01:48 - PRESIDENT JUDGE OF THE COURT.

01:50 - BUT I WANT TO COME IN AND

01:52 - THANK.

01:53 - ALL OF YOU IN TERMS OF THE

01:54 - ATTORNEYS WHO ARE REFERRED TO

01:56 - AFFECTIONATELY AS FREQUENT

01:57 - FLYERS WHO HAVE SEEN OVER THE

01:58 - LAST 12 YEARS.

02:00 - BUT ALSO TO OUR SENIOR COURT

02:02 - STAFF, OUR EXECUTIVE

02:03 - ADMINISTRATOR GARY HOLLINGER

02:04 - CHIEF LEGAL COUNSEL

02:05 - GRETCHEN HANRAHAN A PERTH ON

02:07 - THAT AREA OF MY CRIMINAL AND

02:09 - OUR LEGAL SYSTEMS COORDINATOR

02:10 - KURT BALDWIN, WHO HAVE DONE AN

02:12 - EXCELLENT JOB FOR THE SCORE

02:14 - PARTICULARLY OVER THE LAST

02:15 - SEVERAL YEARS AS WE'VE BEEN

02:17 - DEALING WITH THE PANDEMIC AND

02:18 - GOING VIRTUAL AND ZOOM IN ON

02:20 - VIRTUAL IN ON ZOOM AND

02:21 - PLEXIGLASS AND MASKS AND ALL

02:23 - THOSE FUN THINGS.

02:24 - JUSTICE IS NEVER STOPPED IN THE

02:26 - COMMONWEALTH COURT THAT'S DUE

02:27 - TO THE PEOPLE THAT

02:28 - HAVE WORKED TO MAKE US ALL LOOK

02:30 - GOOD AND BE ABLE TO DO THE JOBS

02:31 - THAT WE DO I WANT TO THANK

02:34 - MY STAFF. MY PARTICULAR BRAND

02:36 - OF JACKIE MY CHIEF

02:37 - ADMINISTRATIVE CLERK WHO HAS

02:39 - REALLY DONE A WONDERFUL JOB

02:40 - HELPING ME BE A JUDGE ON THIS

02:42 - COURT FOR 12 YEARS AND

02:43 - HAVING THE PLEASURE AND THE

02:44 - HONOR OF SERVING THE JUDGES OF

02:46 - THIS COURT AS THE PRESIDENT

02:47 - JUDGE FOR THE LAST YEAR.

02:49 - ALL OF THE FOLKS THROUGHOUT OUR

02:52 - COURT FAMILY.

02:54 - WHO SERVE. PEOPLE

02:55 - PENNSYLVANIA AND MAKE THE SCORE

02:57 - ONE OF THE FINEST COURTS IN THE

02:58 - COMMONWEALTH AND IN THE COUNTRY

02:59 - I WANT TO THANK ALL OF THEM AS

03:01 - WELL AND RECOGNIZE THEM AS

03:02 - WELL. I WILL MISS MY WORK HERE

03:05 - TREMENDOUSLY. I WILL MISS MY

03:07 - COLLEAGUES TREMENDOUSLY.

03:10 - AND ALL I HAVE TO SAY AS I

03:12 - LEAVE IS BECAUSE THE ONE

03:14 - ANOTHER. THANK YOU.

03:19 - >>AND LET ME

03:20 - WEIGH IN WITH A HEARTFELT THANK

03:24 - FOR PRESIDENT JOHN BROBSON

03:26 - EXCELLENT SERVICE ON THE

03:28 - COMMONWEALTH COURT. HE WILL THE

03:31 - LONG REMEMBER FOR HIS FINE

03:34 - LEGAL WORK

03:41 - STRAIGHT

03:43 - LEGAL WRITING. AND ALL OF

03:45 - HIS OPINIONS AND I THINK THAT

03:47 - WILL CONTINUE WHEN HE GOES TO

03:50 - THE PENNSYLVANIA SUPREME COURT

03:52 - AS AN ASSOCIATE JUSTICE

03:53 - JUSTICE. SO WE THANK HIM FOR

03:55 - HIS SERVICE HERE AND WE THANK

03:57 - HIM.

04:00 - MOVING ON AND

04:02 - JUDICIAL BRANCH AND WE WISH HIM

04:05 - GODSPEED.

04:16 - AND WITH THAT I WELCOME YOU TO

04:19 - THE. AND I

04:20 - ALSO WISH TO THANK MY

04:22 - COLLEAGUE. RENEE COHN JUBELIRER

04:25 - THIS IS SHE IS THE MOST SENIOR

04:28 - JUDGE OF THIS COURT AND IT IS

04:30 - HER AND TITLE MONTH

04:32 - TO SERVE AS PROVIDING JUDGE OF

04:35 - THAT SOMEBODY PANEL BUT

04:36 - SHE GRACIOUSLY YIELD TO THAT.

04:40 - OPPORTUNITY

04:41 - TO GIVE ME ONE LAST CHANCE TO

04:46 - DO SO JOY, THANK YOU JUDGE

04:48 - COMFORTABLE AIR.

04:52 - WE'LL TURN TO

04:53 - TODAY'S BUSINESS. THE FINAL ON

04:57 - BOND SESSION FOR

04:59 - 2021. I KNOW MANY

05:01 - OF YOU ARE AWARE OF OUR RULES

05:04 - OF THE ROAD BUT I WILL REVIEW

05:06 - THEM.

05:07 - >>FOR THOSE WHO ARE NOT.

05:09 - EACH SIDE IS A LOT

05:11 - OF IT. 15 MINUTES FOR ARGUMENT

05:13 - AND THAT'S PER SHIED NOT PER.

05:17 - NOT NOT HER LAWYER

05:18 - IF YOU'RE SHARING YOUR TIME

05:20 - WITH CO-COUNSEL LET THE

05:21 - COURT KNOW AT THE BEGINNING OF

05:24 - YOUR ARGUMENT, HOW YOU WISH TO

05:26 - SHARE YOUR TIME. IF

05:28 - YOU ARE THE PETITIONER OR THE

05:29 - OPPONENT. YOU HAVE THE

05:31 - OPPORTUNITY TO RESERVE SOME OF

05:33 - YOUR 15 MINUTES FOR REBUTTAL.

05:35 - AGAIN PLEASE LET THE COURT KNOW

05:38 - WHEN YOU BEGIN YOUR ARGUMENT

05:40 - WHETHER YOU WISH TO RESERVE ANY

05:42 - OF YOUR TIME.

05:44 - 15 MINUTES MAY SOUND LIKE A

05:45 - LONG TIME IT CAN GO BY VERY

05:47 - QUICKLY. THE JUDGES HAVE READ

05:49 - THE BREEZE THEY ALL WILL HAVE A

05:52 - LOT OF QUESTIONS

05:53 - FOR YOU. I SUGGEST THAT YOU GET

05:55 - TO THE HEART OF YOUR.

05:58 - ISSUE JUST AS QUICKLY AS

06:00 - POSSIBLE. AND WITH WE WILL CALL

06:03 - THE. FIRST CASE.

06:07 - WHICH IS CM VS PENNSYLVANIA

06:10 - STATE POLICE.

06:13 - HAS INTO TO THE CIVIL ACTION

06:15 - AND THIS COURT'S

06:16 - ORIGINAL JURISDICTION, SEEKING

06:18 - TO ENJOIN THE PENNSYLVANIA

06:20 - STATE POLICE FROM REQUIRING HIM

06:22 - TO REGISTER AS A

06:23 - SEX OFFENDER ASSERTING THAT NO

06:25 - FACTS ARE IN DISPUTE CM HAS

06:27 - FILED

06:28 - AN APPLICATION FOR SUMMARY

06:30 - RELIEF WHICH IS BEFORE THE

06:32 - COURT FOR DISPOSITION

06:34 - THIS CASE CONCERNS SUB TRAPPED

06:36 - OR EYE OF THE SEX OFFENDER

06:38 - REGISTRATION A KNOW NOTHING

06:40 - NOTIFICATION ACT COMMONLY KNOWN

06:42 - AS STORM NOW

06:44 - 2 WHICH REQUIRES SEX OFFENDERS

06:46 - WHO ARE INCARCERATED

06:48 - ON OR AFTER DECEMBER 20TH 2012

06:51 - TO REGISTER WITH THE STATE

06:53 - POLICE. EVEN THOUGH THERE WAS

06:55 - NO SUCH REQUIREMENT WHEN THEY

06:57 - WERE CONVICTED. CM ARGUE THAT

07:00 - UNDER

07:00 - THIS COURT AND REPORTED

07:02 - DECISION AND SMALL SKI VERSUS

07:04 - BLOCKER STOPPED AFTER I

07:07 - DOES NOT APPLY TO HIM BECAUSE

07:09 - HE DOES NOT FALL WITHIN EITHER

07:11 - OF

07:11 - THE CATEGORIES A PERSON WHO ARE

07:14 - REQUIRED

07:14 - TO REGISTER. THE FIRST CATEGORY

07:17 - COVERS PERSONS WHO COMMITTED AN

07:19 - OFFENSE BETWEEN 19 APRIL 2619

07:22 - 96. AND DECEMBER 20TH,

07:25 - 2012. I AM

07:27 - COMMITTED TO HIS DEFENSE IN

07:29 - 1987 BEFORE THAT WITH ANY

07:31 - REGISTRATION REQUIREMENT.

07:32 - SO HE DOES NOT MEET THE FIRST

07:34 - CATEGORY. THE SECOND CATEGORY

07:36 - COVERS PERSONS REQUIRED TO

07:38 - REGISTER.

07:40 - APRIL

07:41 - 26, BUT BEFORE DECEMBER 20TH

07:45 - 2012.

07:46 - GM CONTENDS THAT HE WOULD NOT

07:48 - REQUIRED TO REGISTER DURING

07:50 - THAT TIME PERIOD

07:51 - BECAUSE HE WAS STILL IN PRISON

07:53 - AND HAD NOT BEEN RELEASED.

07:55 - HE ARGUED THAT IT IS ONLY

07:57 - UPON RELEASE FROM INCARCERATION

08:00 - THAT ONE IS REQUIRED

08:01 - TO REGISTER WITH THE STATE

08:03 - POLICE RESPOND THAT SUB TRAPPED

08:05 - OR

08:05 - I APPLIES TO UNDER MEGAN'S

08:09 - LAW TOO. GM WAS REQUIRED TO

08:12 - REGISTER FOR LIFE AS A SEX

08:14 - OFFENDER.

08:16 - THE STATE POLICE ARGUES THAT

08:17 - THE REGISTRATION REQUIREMENT OF

08:19 - MEGAN'S LAW TO APPLY TO HIM

08:22 - EVEN THOUGH HE WAS STILL

08:24 - INCARCERATED IT REJECTS CM

08:26 - POSITION THAT THE LAW ONLY

08:28 - BECAME A PORTABLE TO HIM UPON

08:31 - RELEASE FOR FROM PRISON.

08:33 - AND WITH THAT WE WILL CALL CM

08:35 - COUNCIL.

08:44 - >>THE RESERVE TO 2 MINUTES

08:46 - REBUTTAL OF THE YOU HAVE IT

08:48 - OKAY TAKING OFF YESTERDAY.

08:58 - GOOD MORNING RUNNERS COUNCIL

08:59 - MAY PLEASE THE COURT

09:00 - MY NAME IS BRIAN MCNEILL WITH

09:02 - THE YOUR COUNTY PUBLIC

09:03 - DEFENDER'S OFFICE. I REPRESENT

09:04 - THE PETITIONER CM.

09:06 - THIS IS A SIMPLE CASE OF

09:08 - STATUTORY CONSTRUCTION. CNN'S

09:10 - INTERPRETATION GIVES EFFECT TO

09:12 - THE STATUTE. IN THE LANGUAGE OF

09:14 - THE GENERAL ASSEMBLY OPTED TO

09:15 - USE IN CRAFTING THE REGION

09:17 - SCOPE OF SUBJECT AWRY.

09:24 - >>I KNOW YOU'RE LOOKING AT THE

09:25 - LANGUAGE REQUIRED TO REGISTER

09:27 - UNDER

09:27 - EYE TOO. YES, YOU AND YOU WANT

09:30 - US TO INTERPRET THAT TO SAY

09:31 - THAT BECAUSE THERE'S A SPECIFIC

09:32 - TIME FRAME IN THERE.

09:34 - DURING WHICH YOUR CLIENT WAS

09:36 - NOT RELEASED FROM

09:37 - INCARCERATION. THAT HE WAS NOT

09:40 - REQUIRED TO REGISTER. THAT'S

09:42 - CORRECT. OKAY.

09:44 - I THINK THAT YOU KNOW WE'RE

09:46 - WE'RE CALLED UPON NOT TO

09:47 - INTERPRET A STATUTE. SO THAT

09:49 - WOULD RENDER AN ABSURD RESULT,

09:51 - AND THEY

09:52 - VERY GOOD I THINK THAT A CULL

09:54 - AND EVERY THE PSP

09:56 - IF YOU AND I WAS ON PAGE THAT

09:58 - CERTAINLY IF YOU HAVE 3

10:00 - OFFENDERS CONVICTED OF RAPE IN

10:01 - CENTS ON THE SAME DAY 95.

10:04 - ONE GETS OUT IN

10:05 - 2005 THE OTHER GETS OUT IN 2010

10:08 - AND THE OTHER GETS OUT IN 2020.

10:11 - AND THE ONE THAT GETS OUT IN

10:12 - 2020 COULD HAVE BEEN THE MORE

10:14 - WEILAND AGREE TO SOME FENDER

10:17 - BUT UNDER YOUR INTERPRETATION

10:19 - WOULD NOT HAVE TO REGISTER.

10:21 - WAS THAT NOT AN ABSURD RESULT.

10:23 - THE OTHER 2 HAVE TO REGISTER,

10:25 - BUT THIS ONE DOES NOT.

10:26 - >>WELL FIRST, I DON'T THINK WE

10:27 - REACH THE QUESTION OF ABSURD

10:28 - RESULTS UNLESS THE LANGUAGE IS

10:30 - AMBIGUOUS OUR POSITION IS

10:31 - FIRST OF ALL THAT IS NOT THAT

10:33 - IT SHOULD BE APPLIED AS WRITTEN

10:34 - THE MOST MOST NATURAL READING

10:36 - OF IT IS THAT SOMEONE HAS TO

10:37 - HAVE ACTUALLY BEEN REQUIRED

10:38 - TO REGISTER.

10:40 - >>WHY IT WASN'T THE FACT THAT A

10:41 - LAW WAS PUT IN PLACE.

10:45 - BEING REQUIRED

10:46 - TO REGISTER. SOMEONE COULD GET

10:48 - OUT AT ANY POINT IN TIME FOR

10:50 - VARIOUS REASONS WE KNOW NOT

10:51 - EVEN JUST PAROLE OR YOU COULD

10:53 - HAVE

10:56 - PROBABLY NOT PERSON THEY WOULD

10:57 - RELEASE, BUT.

11:00 - >>WELL I THINK THAT YOU KNOW

11:01 - THE P S P'S INTERPRETATION AS I

11:03 - UNDERSTAND IT

11:04 - I DON'T WANT THE WORDS AND

11:05 - COUNCILS MOUTH IS THAT

11:06 - ESSENTIALLY THEY READ IT TO BE

11:08 - THAT SO AFTER I MAY BE IMPOSED

11:11 - ON ANYONE TO WHOM A PRIOR

11:12 - REGISTRATION SCHEME APPLIED.

11:14 - MEANING THAT THEY CAME WITHIN

11:16 - THE RUBRIC OF A PRIOR

11:17 - REGISTRATION SCHEME BY VIRTUE

11:18 - OF

11:19 - THEIR CONVICTIONS IN MY VIEW

11:21 - THAT THE GENERAL ASSEMBLY

11:22 - WANTED THAT TO BE THE READING

11:23 - OF IT THEY CER CERTAINLY COULD

11:25 - HAVE ORDERED IT THAT WAY.

11:26 - THE FACT THAT THEY WERE THAT

11:27 - HAS REQUIRED TO REGISTER WHICH

11:29 - INDICATES THAT

11:31 - YOU KNOW THE IMPOSITION OF

11:32 - ACTUAL LEGAL OBLIGATIONS.

11:34 - IT'S NOT THE

11:35 - THE ACTIVE REGISTERING WITH THE

11:37 - PENNSYLVANIA

11:37 - STATE POLICE. I THINK THAT

11:39 - LANGUAGE HAS TO BE GIVEN EFFECT

11:41 - AS IT IS THE BEST INDICATOR OF

11:42 - THE GENERAL ASSEMBLY'S INTENT

11:44 - AS THE HYPOTHETICAL. I REALLY

11:47 - DON'T THINK THOSE RESULTS ARE

11:48 - SO ABSURD. I UNDERSTAND THAT

11:51 - THERE'S SOME QUESTION OF

11:52 - WHETHER THEY MIGHT BE BUT

11:53 - ASSUMING WE EVEN REACHED THE

11:54 - QUESTION OF ABSURD RESULTS

11:56 - IN THE CONTEXT OF SEX OFFENDER

11:58 - REGISTRATION IN PENNSYLVANIA.

12:00 - IT IS WELL UNDERSTOOD

12:02 - THAT THERE IS GOING TO BE SOME

12:03 - INCOME GREW THE FROM TIME TO

12:05 - TIME. AS FAR AS WHO HAS TO

12:07 - REGISTER AND WHO DOESN'T IF THE

12:09 - GENERAL ASSEMBLY HAD WANTED TO

12:11 - HAVING NARROWLY TAILORED

12:12 - VERSION OF REGISTRATION THAT

12:13 - ONLY APPLIED TO THOSE FOR WHOM

12:15 - REGISTRATION IS SPECIFICALLY

12:16 - NECESSARY

12:17 - OR USEFUL. IT COULD HAVE USED

12:20 - THE SVP PROCEDURE FOR EXAMPLE

12:22 - TO REQUIRE AN INDIVIDUAL 8

12:24 - ASSESSMENT, SOMEONE'S POTENTIAL

12:26 - DANGEROUSNESS OR THAT

12:27 - THE APPROPRIATENESS OF OF

12:29 - REGISTRATION, A PARTICULAR

12:30 - CASE. THE FACT THAT THEY DIDN'T

12:32 - THE FACT THAT THEY INJURE

12:33 - REGISTRATION EXCLUSIVELY ON

12:35 - BROAD CLASSIFICATIONS MEANING

12:37 - THE CONVICTIONS THE DETERMINE

12:39 - NOT ONLY WHETHER SOMEONE HAS TO

12:40 - REGISTER BUT ALSO FOR LAW HOW

12:42 - LONG. MEANS THE

12:44 - GENERAL ASSEMBLY. IT WAS WELL

12:46 - WITHIN THE GENERAL ASSEMBLY'S

12:48 - CONTEMPLATION THAT THEY WOULD

12:49 - OCCASIONALLY BE SOME OVER

12:50 - INCLUSIVENESS WITH

12:51 - REGISTRATION. AND THERE ARE

12:53 - OCCASIONALLY BE SOME UNDER

12:54 - INCLUSIVENESS OF REGISTRATION.

12:56 - AND THAT'S IT.

12:57 - >>AND COUNCIL IF YOU LOOK AT

12:58 - SUB CHAPTER ONE THERE ARE 2

13:00 - PROVISIONS IN JUST A REFERENCE

13:02 - TO THE FIRST NOT HAVING BEING

13:04 - APPLICABLE HERE THAT OF

13:06 - INDIVIDUALS WHO ARE CONVICTED

13:08 - BETWEEN APRIL OF 1996 IN

13:10 - DECEMBER 2020 THE SECOND THING

13:12 - THIS ONE REQUIRED TO REGISTER

13:14 - WITH THE STATE POLICE UNDER

13:15 - FORMER SEX OFFENDER

13:16 - REGISTRATION LAW. WHAT IS IT

13:18 - THAT BECAUSE OF THE FIRST TALKS

13:20 - ABOUT A TIME

13:21 - OF CONVICTION THAT THE SECOND

13:24 - THE REGISTERED TO REQUIRED

13:27 - TO REGISTER TO BE PARALLEL WITH

13:29 - THAT FIRST PROVISION IT WOULD

13:31 - HAVE TO EVEN WHEN THE PERSON

13:34 - CAN REQUIRE NOT WITH THEIR

13:35 - RELEASE TO BECOME REQUIRED.

13:38 - >>THAT IS EARLIER ON BECAUSE I

13:39 - THINK PLENTY OF WERE RELEASED

13:42 - LONG BEFORE.

13:45 - 12/20/2012 AND SO THEY COULD

13:46 - POTENTIALLY STILL COME WITHIN

13:47 - THE RUBRIC OF THE SECOND

13:50 - PORTION OF SECTION AN I 7 I

13:53 - 0.52.

13:54 - >>YOU MADE REFERENCE TO THE

13:55 - IDEA THAT THERE'S

13:55 - NOT IN THE COMMUNITY AND

13:58 - SHOULDN'T CONSIDER TO THE

13:59 - CALLERS COMMENTS ABOUT AN

14:00 - ABSURD RESULT. AND ISN'T THAT

14:03 - WHY WE'RE HERE TALKING ABOUT

14:04 - THE AMBIGUITY OF THAT

14:06 - PARTICULAR LANGUAGE.

14:07 - >>WELL ESSENTIALLY MY POSITION

14:09 - ON THAT IS THAT THE MOST

14:10 - NATURAL READING OF REQUIRED

14:12 - TO REGISTER IS THE ACTUAL

14:14 - UNDERTAKING OF REGISTRATION

14:16 - WITH THE PENNSYLVANIA STATE

14:17 - POLICE OR CERTAINLY AT LEAST

14:19 - THAT SOMEONE WAS LEGALLY

14:21 - OBLIGATED TO REGISTER

14:23 - DURING THAT SPECIFIED PERIOD

14:24 - AND I THINK THAT'S WHY THEY

14:25 - SPECIFY A PARTICULAR PERIOD.

14:29 - TO THE EXTENT THERE'S AMBIGUITY

14:30 - TO THE EXTENT THAT THE S P'S

14:32 - INTERPRETATION IS REASONABLE.

14:35 - THAT'S I THINK WE WIN

14:37 - THERE TOO BECAUSE OF THE STRICT

14:39 - CONSTRUCTION IS EXPLICITLY

14:40 - REQUIRE PENNSYLVANIA LAW

14:42 - UNDER ONE P ACS SECTION 1928

14:45 - FOR ANY RETROSPECTIVE STATUE

14:47 - AND SO IS MOST CLEARLY

14:49 - RETROSPECTIVE STATUTE

14:50 - EXPLICITLY APPLY ONLY TO

14:53 - CONDUCT THAT LONG PRECEDES IT'S

14:54 - AN ACT AND NOT

14:55 - ONLY THAT WHAT THE RULES LET IT

14:57 - BE ADDITIONALLY KICKS AND TO

14:59 - THE EXTENT THERE

14:59 - IS AMBIGUITY.

15:00 - >>WELL I I WOULD WAITING FOR

15:02 - SOMEONE TO GET TO THE EARL OF

15:03 - WHETHER THEY THOUGHT REALLY

15:05 - DON'T WE HAVE TO FIRST

15:06 - DETERMINE THAT THE STATUTE IS

15:09 - PINO.

15:11 - AND CAN WE DO THAT IN LIGHT OF

15:13 - LUCK HOME.

15:14 - >>ALL THE AIR OUT OF MY INITIAL

15:16 - UNDERSTANDING THAT WAS IT YES

15:17 - LIMITING ONLY APPLIES IF YOU

15:19 - HAVE SOMETHING AS PEOPLE AND

15:19 - OBVIOUSLY LOOK HOME SAYS IT'S

15:21 - NOT HOWEVER IF YOU READ IT IS

15:22 - THE PSP FROM A 2016 16 THE

15:26 - PENNSYLVANIA SUPREME COURT

15:28 - DECISION THAT INDICATES THAT

15:29 - EVEN FOR A SCHEME THAT HAS BEEN

15:31 - DEEMED NON PUNITIVE.

15:33 - THE RULE AND HE STILL SHOULD

15:34 - APPLY IN LIGHT OF THE OWNER IS

15:36 - NIS OF THE BURDENS PLACED ON

15:37 - SEX OFFENDER REGISTRIES SO.

15:40 - TO BE CLEAR, I DON'T THINK YOU

15:41 - NECESSARILY HAVE TO GET THERE.

15:43 - I THINK

15:44 - THAT SECTION. ONE P ACS SECTION

15:47 - 1928 MORE CLEARLY AND MORE

15:49 - EXPLICITLY INDICATES THE STRICT

15:50 - CONSTRUCTION IS REQUIRED.

15:52 - BUT IF THERE'S REMAINING

15:53 - AMBIGUITY AT THAT POINT.

15:55 - I THINK THE RULE AND HE WOULD

15:56 - KICK IN. AND WE CERTAINLY

15:58 - SUPPORT. CNN'S NARROW

15:59 - INTERPRETATION BECAUSE THAT'S A

16:01 - STRICT CONSTRUCTION REQUIRED BY

16:03 - LAW AND IF THERE'S AMBIGUITY

16:05 - IT'S UNTIL DIDN'T SEE IN FAVOR

16:06 - AND NOT THE TSP IS COULD YOU.

16:09 - >>ADDRESS THE QUESTION OF

16:10 - WHETHER.

16:12 - OR WHAT GUIDANCE

16:13 - THE COURT SHOULD TAKE FROM THE

16:15 - SUPREME COURT RULING OF LUCK

16:17 - HOME IN THIS PARTICULAR CASE.

16:20 - >>I'M NOT SURE LOOK HOME HAS A

16:21 - LOT TO SAY CERTAINLY OBVIOUSLY

16:24 - IT INDICATES A CHAPTER IS NOT

16:25 - PUNITIVE. SO IT INDICATES THE

16:26 - GENERAL ASSEMBLY COULD YOU HAVE

16:28 - REACHED CM.

16:30 - >>WAS I THINK THAT HAS A MAJOR

16:31 - IMPACT ON YOUR CASE BECAUSE I

16:33 - WAS GOING TO BE MY QUESTION

16:34 - THAT

16:34 - BECAUSE IT'S ALREADY BEEN

16:35 - DETERMINED BY THE PENNSYLVANIA

16:37 - SUPREME COURT THAT IT'S NOT

16:38 - PUNITIVE. BUT IT DOES IMPACT I

16:40 - THINK THAT PROBABLY WOULD BE

16:42 - ONE OF THE STRONGEST ARGUMENTS.

16:44 - IT HAD NOT BEEN RULED. BUT THE

16:46 - SUPREME COURT THAT IT'S NOT

16:47 - PUNITIVE. I THINK IT'S A

16:49 - CONSIDERATION THAT WE

16:50 - ABSOLUTELY MUST TAKE INTO

16:51 - CONSIDERATION.

16:52 - >>WELL IT MIGHT BE HERE IT

16:54 - SUPPORTS THE INS

16:55 - POSITION BECAUSE IT INDICATES

16:57 - THE GENERAL ASSEMBLY COULD HAVE

16:58 - REACHED HIM AND HAD IT

16:59 - WANTED TO HOWEVER BECAUSE THE

17:02 - LANGUAGE DOES NOT REACH HIM IN

17:03 - OUR INTERPRETATION AND

17:05 - CERTAINLY UNDER THE STRICT

17:06 - CONSTRUCTION THAT'S REQUIRED

17:07 - UNDER PENNSYLVANIA LAW THAT

17:09 - INDICATES TO ME THAT

17:10 - THE GENERAL ASSEMBLY MUST NOT

17:12 - HAVE INTENDED TO ROUTE TO REACH

17:13 - PEOPLE IN CNN'S POSITION

17:14 - BECAUSE AGAIN THE GENERAL

17:16 - ASSEMBLY HAD WANTED TO IT COULD

17:17 - VERY EASILY HAVE CRAFTED A

17:18 - STATUTE I WOULDN'T HAVE READ.

17:21 - I THINK ESSENTIALLY BECAUSE I

17:22 - BELIEVE THE P S P'S

17:23 - INTERPRETATION IS ESSENTIALLY

17:25 - THAT.

17:27 - SUBJECT OR I MAY BE IMPOSED ON

17:29 - THOSE TO WHOM THE PRIOR

17:30 - REGISTRATION SCHEME APPLIED.

17:32 - I THINK IF THEY HAD USED THAT

17:33 - VERBIAGE. I DON'T THINK THERE

17:35 - WILL BE MUCH OF AN ARGUMENT

17:36 - HERE. I THINK THAT YOU

17:39 - I THINK THE PSP IS CORRECT

17:40 - ABOUT MEGAN'S LAW TO IN SO FAR

17:42 - AS IT

17:43 - APPLIED. INDICATED THAT SOMEONE

17:45 - WITH THOSE CONVICTIONS HAS TO

17:47 - REGISTER

17:47 - FOR LIFE. HOWEVER, BECAUSE THE

17:49 - GENERAL ASSEMBLY DID NOT USE

17:51 - THAT LANGUAGE. IT WAS EASILY

17:53 - AVAILABLE. AND INSTEAD USED

17:55 - VERBIAGE INDICATING THAT

17:56 - SOMEONE HAD TO BE REQUIRED TO

17:57 - REGISTER THAT LANGUAGE HAS TO

17:59 - BE GIVEN EFFECT AND

18:01 - IF IT'S IF THE COURT DEEMS THAT

18:02 - THE U.S.. I THINK THAT'S OK BUT

18:05 - I THINK WHEN YOU GO TO ONE P

18:06 - ACS HAS MOVED BUT IT

18:10 - >>IT SAYS THAT

18:11 - TO HER TO THE FIRE REGISTRATION

18:13 - SCHEME APPLIED.

18:15 - THAT REGISTRATION SCHEME WOULD

18:17 - HAVE REQUIRED HIM TO REGISTER.

18:20 - CORRECT. I THINK THAT'S LIKE TO

18:23 - HIM ESSENTIALLY YES YOUR HONOR

18:25 - BUT HE WAS NEVER REQUIRED TO

18:26 - REGISTER, AND IT'S NOT AS IF IT

18:29 - WAS UNFORESEEABLE TO THE

18:30 - GENERAL ASSEMBLY THAT SOMEONE

18:31 - WOULD BE IN THIS POSITION GIVEN

18:32 - TO THE GENERAL ASSEMBLY

18:33 - CONSISTENTLY AN ACTIVE

18:34 - REGISTRATIONS GAMES.

18:36 - >>THAT DID NOT KICK IN

18:37 - OR DO NOT IMPOSE ANY

18:39 - REQUIREMENTS AT ALL UNTIL

18:40 - SOMEONE WAS RELEASED FROM

18:41 - INCARCERATION WAS VERY NEAR

18:43 - INCARCERATION AND HE DID IT

18:45 - OVER AND OVER AND OVER AGAIN IS

18:47 - CONCEIVABLE THAT HE COULD HAVE

18:49 - BEEN REQUIRED TO REGISTER

18:50 - DURING THAT

18:51 - TIME FRAME.

18:52 - >>IT GOES BACK TO WHAT I WAS

18:54 - ASKING YOU EARLIER IN OTHER

18:55 - WORDS FOR SOME REASON THAT HE

18:57 - WOULD HAVE BEEN RELEASED.

19:01 - I THINK IN HIS CASE WHETHER

19:03 - THERE WAS ANY POSSIBILITY FOR A

19:05 - PARDON AND I PAROLE. BUT.

19:10 - >>IS IT CONCEIVABLE AND IS IS

19:12 - THAT THE CONCEPT THAT IT COULD

19:14 - BE CONCEIVABLE THAT SOMEONE WHO

19:16 - IS IN CURRENTLY INCARCERATED.

19:20 - COULD BE SUBJECT

19:22 - A VIABLE EXISTING LAW AND BE

19:26 - REQUIRED TO REGISTER. WELL IT.

19:29 - >>WE'RE NOT SURE I UNDERSTAND

19:30 - YOU'RE ON THIS THE FACT YOU'RE

19:32 - BASING THE FACT THAT HE WASN'T

19:34 - REQUIRED TO REGISTER.

19:36 - ON HIS RELEASE DATE AFTER THE

19:39 - TIMEFRAME IDENTIFIED. BUT WAS

19:41 - IT CONCEIVABLE THAT HE COULD

19:43 - HAVE BEEN RELEASED. DURING THAT

19:45 - TIME FRAME.

19:47 - I MEAN IS IT CONCEIVABLE

19:48 - BECAUSE THERE WAS A LOT OF EYE

19:50 - OF LAW.

19:52 - >>UNDER WHICH ARE PERCENT WHICH

19:53 - YOU WOULD HAVE BEEN REQUIRED TO

19:54 - REGISTER.

19:55 - >>HAD HE BEEN RELEASED WAS

19:57 - CONCEIVABLE IF YOU'VE BEEN

19:58 - RELEASED TO US OR NOT THAT HE

20:00 - HAD BEEN RELEASED, BUT ISN'T IT

20:01 - CONCEIVABLE THAT HE COULD HAVE

20:03 - BEEN RELEASED DURING THAT TIME

20:04 - FRAME.

20:05 - >>IF ONE IS INCARCERATED.

20:08 - >>I'M STILL NOT SURE I HE'S

20:11 - INCARCERATED SIR. HE HAS A

20:14 - RELEASE DATE BUT FOR SOME

20:16 - REASON HE'S RELEASED EARLIER O

20:18 - AS THAT IS CONCEIVABLE

20:21 - THAT HE COULD HAVE BEEN

20:22 - RELEASED. I MEAN I DON'T KNOW

20:23 - IN THESE PARTICULAR FACTS OF

20:24 - HIS CASE THAT REALLY WASN'T

20:25 - ARGUE. BUT IT.

20:27 - IF IT IF SOMEONE WHO IS

20:30 - INCARCERATED COULD BE RELEASED

20:32 - DURING THAT TIME FOR WHATEVER

20:34 - REASON. ISN'T THE

20:36 - QUESTION THEN THAT THERE WAS A

20:38 - VIABLE LAW.

20:40 - >>UNDER WHICH HE WOULD HAVE

20:41 - BEEN REQUIRED TO REGISTER.

20:43 - >>I DON'T THINK THEY ARE I

20:43 - THINK IT'S STILL THE SAME ISSUE

20:45 - BECAUSE I THINK THE QUESTION IS

20:46 - WEATHER.

20:49 - I I READ THE LANGUAGE

20:50 - TO REQUIRE THEM TO REGISTER

20:52 - SPECIFICALLY WITH THE PSP AT

20:54 - SOME POINT. BUT CERTAINLY.

20:57 - IF NOT THAT THEN THEY AT LEAST

20:58 - HAD TO BE LEGALLY OBLIGATED

21:00 - TO REGISTER WITH THE

21:01 - PENNSYLVANIA STATE POLICE

21:02 - DURING THE RAID HAD BEEN

21:03 - RELEASED DURING THAT TIME WOULD

21:04 - HAVE BEEN LEGALLY REQUIRED TO

21:06 - USE DURING THAT TIME I BELIEVE

21:08 - SO BECAUSE PRIOR REGISTRATION

21:09 - SCHEMES

21:10 - DID INDICATE THAT UPON RELEASE

21:12 - FROM INCARCERATION OR I THINK

21:14 - THE S P KNOW THERE'S ONE

21:15 - INSTANCE MAYBE UNDER MEGAN'S

21:17 - LAW TO WEAR IMMEDIATELY PRIOR

21:19 - TO RELEASE THEN THE DUTY

21:21 - REGISTER OR DO YOU TAKE SOME

21:23 - SORT OF ACTION ARISES TO NOTIFY

21:25 - OF YOUR

21:25 - INTENDED ADDRESS IN THOSE

21:27 - SITUATIONS THAT THEN I THINK

21:28 - YOU CAN SAY THEY WERE REQUIRED

21:30 - TO REGISTER

21:31 - BECAUSE THEY EITHER DID

21:32 - REGISTER OR THEY ARE LEGALLY

21:33 - OBLIGATED TO UNDER THOSE

21:35 - CIRCUMSTANCES, YES THAT'S IT'S

21:37 - THE LANGUAGE OF THE GENERAL

21:38 - ASSEMBLY OPTED TO USE HERE

21:39 - HOWEVER WE DON'T HAVE THAT

21:41 - HE NEVER GOT ANYWHERE NEAR

21:42 - RELEASE IN FACT, THE FIRST TIME

21:44 - HEARING YOU BECAUSE YOU WAS TO

21:45 - INTERPRET THAT THEY ACTUALLY

21:46 - HAD TO BE RELEASED OR NEAR

21:48 - RELEASED AT THAT POINT BE

21:50 - REQUIRED TO REGISTER.

21:52 - >>YOU DON'T WANT THE

21:53 - INTERPRETATION THAT THE FACT

21:54 - THAT THERE'S A VIABLE LAW ON

21:56 - THE BOOKS AND COULD THEY HAVE

21:57 - BEEN RELEASED AT THAT TIME.

21:59 - THEY WERE REQUIRED TO REGISTER.

22:03 - TRIGGERING POINT IS THAT YOU

22:04 - ACTUALLY HAVE TO BE RELEASED OR

22:06 - SOON TO BE NICE TO KUZ TO THE

22:08 - RELEASE.

22:12 - THAT'S OBVIOUSLY

22:12 - WHAT PLAYED OUT IN THIS

22:13 - PARTICULAR CASE BECAUSE HE WAS

22:14 - A CART DURING THE ENTIRE

22:15 - PERIOD.

22:16 - >>I THINK THE KEY IS WHETHER HE

22:17 - WAS ACTUALLY REQUIRED TO

22:19 - REGISTER AND WHETHER HE'S NOT

22:20 - REQUIRED TO REGISTER BECAUSE HE

22:22 - WASN'T RELEASED DURING THE

22:23 - RELEVANT PERIOD AND THEREFORE

22:24 - NEW OBLIGATIONS KICKED IN

22:26 - OR WHETHER HE DIDN'T REGISTER

22:27 - FOR SOME OTHER REASON BECAUSE

22:28 - HE WASN'T OBLIGATED TO FOR

22:29 - EXAMPLE, EITHER WAY HE WASN'T

22:32 - REQUIRED TO REGISTER UNTIL LATE

22:35 - 2020

22:35 - 8 YEARS AFTER THE RELEVANT

22:36 - PERIOD THAT'S THE FIRST TIME

22:38 - THAT SEEM TO BE

22:38 - ANY ACTION AS REQUIRED BY ANY

22:40 - REGISTRATIONS GAME IN

22:41 - PENNSYLVANIA AND BASED ON THE

22:43 - LANGUAGE OF THE GENERAL

22:44 - ASSEMBLY USED IN THIS CASE IN

22:45 - THE STRICT CONSTRUCTION

22:46 - REQUIRED UNDER PENNSYLVANIA

22:47 - LAW. I THINK WE HAVE TO READ

22:49 - THAT AND CNN'S FAVORITE REJECT

22:51 - THAT THE ESPYS BROAD

22:52 - CONSTRUCTION.

22:53 - THERE'S NOTHING THAT CAN BE

22:54 - QUESTIONED, THANK YOU VERY

23:04 - >>WARNING RUNNERS MAY PLEASE

23:06 - THE COURT MY NAME IS JUST GOES

23:07 - TO DEPUTY ATTORNEY GENERAL FOR

23:09 - THE OFFICE OF ATTORNEY GENERAL

23:10 - WITH ME

23:11 - IS A SENIOR DEPUTY ATTORNEY

23:12 - GENERAL COMING BRADFORD THE

23:14 - COUNCIL FOR THE RESPONDENTS

23:15 - PENNSYLVANIA STATE POLICE.

23:18 - PETITIONERS A WAS CONVICTED

23:20 - OF RAPE. HE'S TRYING TO FIND A

23:22 - LOOPHOLE IN THE LAW THAT

23:23 - DOESN'T EXIST AND WE HAVE 2

23:25 - MAIN ARGUMENTS WITH THE STATUTE

23:27 - IS CLEAR.

23:29 - PLAINTIFF WAS REQUIRED

23:30 - PETITIONERS REQUIRED TO

23:32 - REGISTER UNDER MEGAN'S LAW TOO

23:34 - THAT OBLIGATION TO REGISTER.

23:36 - TASH THE MOMENT, THE MEGAN'S

23:38 - LAW TOO WAS AN ACT. SECOND IF

23:42 - THERE

23:42 - IS ANY AND THE DUTY OF THE

23:44 - COURTS LOOK AT THE LEGISLATIVE

23:46 - TEND TO TO AVOID AN ABSURD

23:48 - RESULT. SO COUNCIL WHAT WHAT'S

23:51 - WHAT'S THE PENALTY FOR FAILURE

23:52 - TO REGISTER. COULD

23:54 - BE ARRESTED. OKAY,

23:56 - SO DID CM REGISTER WHEN HIS

23:59 - REQUIREMENT. YES.

24:02 - WHEN HE

24:03 - WAS INCARCERATED HE WAS NOT

24:08 - DID NOT HAVE TO THE

24:10 - PHYSICALLY REGISTER BECAUSE HE

24:11 - WAS INCARCERATED HE WAS

24:12 - REQUIRED TO REGISTER UNDER YOUR

24:14 - THEORY. HE WAS REQUIRED THAT

24:16 - OBLIGATION EXIST LET YOUR

24:17 - CLIENT.

24:22 - I WAS NEED PENALIZED FOR NOT

24:24 - REGISTERING WITH MEGAN'S LAW TO

24:26 - BEST BECAUSE WE WOULD HAVE BEEN

24:27 - ABSURD RESULT OF MAKING.

24:30 - INMATES WHO ARE NOT IN THE

24:32 - COMMUNITY.

24:34 - BECAUSE THE PURPOSE IS TO

24:36 - ADVISE THE PUBLIC.

24:37 - THERE IS A TARGETED INDIVIDUAL

24:40 - HERE WHO IS IN THE COMMUNITY

24:41 - CORRECT OKAY, CORRECT AND YOU

24:45 - KNOW IF YOU IF YOU LOOK AT THE

24:48 - THE LAWFUL BEING THE OBJECT AND

24:50 - OF

24:50 - ALL INTERPRETATION AND

24:52 - CONSTRUCTION GOING TO GO BACK

24:54 - TO

24:56 - >>HYPOTHETICAL

25:00 - CRIMINAL SANCTION FOR

25:02 - NOT REGISTERING. HE DID NOT

25:04 - REGISTER UPON THE PASSAGE OF

25:07 - MAKING TOO. AND YOU SAID.

25:10 - HE'S NOT REQUIRED TO AND

25:12 - THEREFORE IS NOT CRIMINALLY

25:13 - LIABLE. YOU DIDN'T TAKE THAT TO

25:16 - PROSECUTE HIM FOR NOT

25:17 - REGISTERING WALLY WAS

25:18 - INCARCERATED CORRECT CORRECT.

25:20 - >>BECAUSE THE THE PRACTICALITY

25:23 - OF THE LAW.

25:24 - REQUIRE ONLY REQUIRES THE

25:26 - REGISTRATION TO PHYSICALLY

25:29 - REGISTER WHEN YOU'RE IN AN

25:30 - ADDRESS THAT'S NOT A STATE

25:32 - CORRECTIONAL INSTITUTION.

25:33 - I THINK JUDGE MCCOLLOUGH

25:35 - QUESTION WAS ON POINT WHERE

25:38 - THAT IF IN 2011. IF.

25:43 - YOU KNOW

25:44 - PETITIONER HAD.

25:46 - >>IF WE CAN GO BACK TO LINGER

25:48 - THAT SHOULDN'T SAY IT IF THE

25:50 - BATHROOM HAVE SAID WHAT YOU

25:51 - BELIEVE IT THAT AND MAKE THEM

25:53 - TOO DRUMMOND HAVE BEEN WORDED

25:56 - DIFFERENTLY THAT WILL

25:58 - BE REQUIRED TO REGISTER.

26:03 - THE REQUIREMENT

26:05 - IS IMPOSED IMMEDIATELY

26:07 - BUT IT NEED NOT BE IMPLEMENTED

26:10 - UNTIL THE RELEASE FROM PRISON.

26:12 - >>WELL I THINK THAT WE SEE THAT

26:14 - WHEN THEY SAY THAT YOUR

26:15 - INTENDED TO ADDRESS THE ROOT

26:17 - REGISTER YOUR INTENDED TO

26:18 - ADDRESS AT THAT POINT.

26:21 - THE PETITIONER HAD NO INTENDED

26:23 - ADDRESS THE PRIOR TO

26:24 - TWENTY-TWELVE YOU KNOW HE WAS

26:27 - IS INTENDED TO ADDRESS WITH US.

26:29 - THE STATE CORRECTIONS WHAT

26:30 - YOU'RE SAYING THAT THE MECHANIC

26:31 - LEE COULDN'T REGISTER.

26:33 - >>AND YET HE WOULD REQUIRED TO

26:36 - CORRECT YOUR HONOR THE

26:37 - REQUIREMENT WAS THERE HE WAS

26:38 - OBLIGATED TO REGISTER SO YOU

26:40 - GOT OUT THE DAY AFTER BUT IT

26:42 - DOESN'T SAY YOU WILL BE

26:44 - REQUIRED TO REGISTER UPON YOUR

26:46 - RELEASE.

26:48 - SO IF YOU'RE CONCERNED I'M

26:49 - SORRY YOU CAN ANSWER BEFORE I

26:50 - ASK

26:52 - >>IT IS A IT IS NOT THE THE LAW

26:54 - SAID THAT.

26:56 - THEY WERE REQUIRED TO REGISTER

26:58 - ALL RESIDENTS ARE CURRENT OR

26:59 - RESIDENCES OR IN 10 RESIDENTS.

27:01 - >>UPON RELEASE FROM

27:03 - INCARCERATION THAT SHOWS THAT

27:05 - THERE WAS SOME THOUGHT TO BE

27:06 - PUT INTO

27:07 - INCARCERATED INDIVIDUALS.

27:09 - YOU KNOW MECHANICALLY AND

27:11 - PRACTICALLY.

27:13 - THERE WAS. YOU KNOW NO REASON

27:16 - FOR HIM TO PHYSICALLY REGISTER

27:18 - BECAUSE HE WAS NOT IN THE

27:20 - COMMUNITY AND THE LEGISLATIVE

27:22 - INTENT HERE IS TO PROTECT THOSE

27:23 - IN THE COMMUNITY. IF HE'S NOT

27:25 - IN THE COMMUNITY.

27:26 - HE IS YEAH THERE'S NO THERE'S

27:29 - NO HARM TO PROTECT AT

27:30 - THAT TIME.

27:31 - >>SO IF I UNDERSTAND COUNCIL

27:32 - WHAT YOU'RE SAYING IS THERE'S A

27:34 - DIFFERENCE BETWEEN BEING

27:35 - REQUIRED TO REGISTER AND THE

27:37 - TIMING OF THE REQUIREMENT OF

27:38 - IT. SO THE MOMENT, THE MEGAN'S

27:40 - LAW WAS AN

27:41 - ACTIVE MEANS A LOT TO ISN'T

27:42 - ACTED IN 2030 THAT GAVE RISE TO

27:46 - THE REQUIREMENT YESTERDAY AND

27:48 - JUST AS IN THE FIRST SECTION OF

27:50 - SUB CHAPTER ONE THE CONVICTION

27:52 - GAVE RISE TO THE REQUIREMENT

27:53 - THAT'S THE DISTINCTION THAT

27:54 - YEAR. CONGRESS YES, YOU'RE

28:06 - >>REGISTRATIONS WAS I WAS EVEN

28:10 - PART OF THIS.

28:11 - >>WILL BECAUSE AS A COLD LOOK

28:15 - COMMON TSK SOCHAUX THAT THIS

28:18 - THESE APPLY TO A PERSON IS

28:21 - CONVICTED OF THESE CRIMES

28:22 - BEFORE THE NECK OF A STATUE

28:23 - BECAUSE IT'S NOT PUNITIVE.

28:27 - THEREFORE YOU KNOW HIS

28:29 - AS A A PERSON CONVICTED OF

28:31 - RAPE.

28:34 - JULY 10TH 2000.

28:37 - MEGAN'S LAW TO SAYS YOU'RE

28:39 - REQUIRED TO REGISTER FOR LIFE.

28:44 - AND IN IT WHEN YOU YOU KNOW I

28:46 - THINK THAT WE DO HAVE TO LOOK

28:47 - THE OTHER NORTHSTAR YOU'RE

28:49 - BEING LEGISLATIVE INTENT.

28:51 - THE LEGISLATURE DOES NOT WANT

28:52 - TO PROVIDE A LOOPHOLE.

28:53 - THE LEGISLATURE WANTS TO

28:55 - PROTECT THE PUBLIC AND I THINK

28:56 - THE HYPOTHETICAL. PROVIDED THE

28:58 - BRIEF SHOWS THAT EU LEGISLATURE

29:01 - WOULD OBVIOUSLY WANT TO

29:03 - INCLUDE YOU KNOW, SEEMINGLY THE

29:07 - WORST OF THE

29:09 - 3 THINGS.

29:10 - >>ARE REALLY ARGUING THE SPIRIT

29:12 - OF THE LAWS AS OPPOSED TO THE

29:14 - PLAIN LANGUAGE.

29:16 - I BELIEVE THE PLAYERS WE'RE

29:17 - REALLY ARGUING THE PURPOSE AS

29:19 - OPPOSED TO YOU AT

29:22 - LEGISLATIVE INTENT DEVINE FROM

29:24 - THE ACTUAL WORDS CHOSEN.

29:26 - I BELIEVE THAT

29:28 - THE LEGISLATIVE INTENT IS CLEAR

29:31 - AFTER MUNI'S THE LEGISLATURE

29:33 - IMMEDIATELY TOOK ACTION TO GET.

29:36 - SEX OFFENDERS,

29:37 - REGISTERED LAWFULLY

29:39 - UNCONSTITUTIONAL.

29:41 - WE'RE NOT QUITE AND FOR

29:43 - MY QUESTION WHICH IS THAT

29:44 - INTENT IS DETERMINED BY THE

29:46 - WORDS YOU AS OPPOSED TO.

29:50 - BROAD OVERREACHING

29:52 - UNDERSTANDING OF THE SPIRIT OF

29:54 - THE LAW.

29:55 - >>AND IN THE ABILITY TO THE

29:56 - LEGISLATIVE INTENT IS CLEAR IN

30:00 - IN SOME CHAPTER RIGHTS

30:01 - PROTECTING THE SAFETY OF THE

30:02 - GENERAL WELFARE OF THE PEOPLE

30:04 - OF THIS COMMONWEALTH BY

30:05 - PROVIDING REGISTRATION OF

30:06 - OFFENDERS WHO ARE ABOUT TO BE

30:07 - RELEASED FROM CUSTODY AND WE'LL

30:09 - LIVE IN OR NEAR THEIR

30:10 - NEIGHBORHOOD.

30:12 - PETITIONER FALLS INTO THAT

30:13 - CATEGORY OF SOMEBODY WHO IS

30:15 - GOING TO BE RELEASED TO COMMIT

30:16 - ONE OF THESE CRIMES WHO'S GOING

30:18 - TO LIVE IN OR NEAR THEIR

30:19 - NEIGHBORHOOD.

30:21 - >>SO HOW DOES THE LANGUAGE

30:23 - SECTION 2 THERE AT THE END

30:25 - WHERE IT SAYS KUZ PERIOD

30:27 - OF REGISTRATION HAS

30:28 - NOT EXPIRED AFFECT YOUR

30:30 - ARGUMENT DOES THAT HELP YOUR

30:31 - ARGUMENT OR DOES THAT HURT IT

30:33 - IN THAT IT'S NOT REFERRING TO A

30:35 - TIME.

30:36 - >>THAT HELPS MIRED IN BECAUSE.

30:39 - >>IN UP ON THE INACTIVE MAKE IT

30:41 - LOOK TOO.

30:44 - THE PETITION HAD TO REGISTER

30:45 - FOR LIFE. HE IS

30:47 - STILL ALIVE THIS PERIOD

30:48 - REGISTRATION HAS NOT.

30:55 - AND SO

30:55 - SUBSECTION 2 DISCUSSES OF

30:58 - SOMEONE BEING REQUIRED TO

30:59 - REGISTER.

31:00 - >>WAS PERIOD OF REGISTRATION

31:02 - HAS NOT EXPIRED SO YOUR

31:05 - ARGUMENT IS THAT

31:06 - THE REQUIREMENT. A ROSE IN 2000

31:09 - WHEN MEGAN'S LAW TO WAS

31:10 - ENACTED. CORRECT. IT'S NOT.

31:14 - WITH REGARD TO THE TIMING OF

31:16 - THE RELEASE. CORRECT

31:18 - SAID THAT WHO'S PERIOD OF

31:20 - REGISTRATIONS NOT EXPIRED FEELS

31:22 - CONSISTENT WITH THAT.

31:23 - YES SIR. YES, HE THE 4.

31:27 - >>21 YEARS. PLAINTIFFS HAVE TO

31:29 - REGISTER PETITIONERS HAVE TO

31:30 - REGISTER AS A SEX OFFENDER.

31:34 - HE'S HAD TO DO IT FOR YOU.

31:40 - BY THE LEGISLATURE WITH BACK 29

31:43 - SORT OF 2.

31:45 - WAS TOO. WE HAVE

31:48 - PETITIONER IN THIS CASE

31:50 - REGISTER FOR THE REST OF HIS

31:51 - LIFE.

31:53 - >>HOW WAS CASE DISTINGUISHABLE

31:55 - FROM THE COURT'S DECISION AND

31:57 - SMALL SKI.

31:58 - >>WELL IN THE U.S. WILL SEE

32:01 - WITH DOING IT WAS NEVER ARGUE

32:03 - THAT MEGAN'S LAW TO APPLY.

32:05 - IN FACTS. I THINK IT'S CLEAR

32:08 - FROM THE A PRELIMINARY

32:09 - INJUNCTION IN THIS CASE.

32:15 - FULLY BRIEFED.

32:17 - IT WAS MORE CLEAR THAT

32:21 - THIS THE THAT THE ACTS APPLIED

32:24 - TO PETITIONER. SMALL SKI

32:28 - THAT WITH THERE WAS A THERE I

32:30 - BELIEVE THERE'S NO ARGUMENT

32:31 - WHATSOEVER THAT HE WAS REQUIRED

32:34 - TO REGISTER THAT IT WAS AN

32:35 - UNPUBLISHED CASE YOU KNOW

32:40 - THE FACT

32:41 - THAT THE THE JUDGE WHO WROTE

32:43 - THE OPINION IS ALSO THE JUDGE

32:44 - TO DECIDE OF THE

32:45 - PRELIMINARY INJUNCTION. IT IS

32:47 - TELLING THAT SMALL CITY SHOULD

32:48 - PLAY. NO PART IN THE DECISION.

32:55 - THERE ARE NO FURTHER QUESTIONS

32:57 - LIKE WHAT DOES THE REST.

33:06 - VERY BRIEFLY

33:09 - I THINK WE HAVE TO ASSUME THAT

33:11 - THE LEGISLATURE KNOWS WHAT

33:12 - IT'S DOING. I THINK THAT THE

33:14 - LANGUAGE THAT THE GENERAL

33:15 - ASSEMBLY OPTED TO USE IN

33:16 - THIS CASE LEAVES THAT WORST

33:19 - AMBIGUITY OVER WHETHER CM HAS

33:21 - TO REGISTER PURSUANT TO SUCH

33:23 - AFTER I WHAT.

33:25 - BUT IF A PROVISION OF THE

33:27 - JUDICIAL CODE ARE YOU REFERRING

33:29 - TO.

33:30 - >>9795 POINT TO A.

33:33 - >>7 99.52 ERA.

33:36 - REGARDING CISCO ALL RIGHT.

33:39 - IT ACTUALLY COMES UP AGAIN AND

33:41 - SECTION

33:41 - 97 99.55. WE'VE GOT IS AN

33:45 - INCREASE OR NOT THAT AGAIN

33:47 - INDICATES THAT FOR A LIFETIME

33:48 - REGISTRANT THE QUESTION IS

33:50 - WHETHER THEY WE'RE REQUIRED TO

33:52 - REGISTER UNDER A PRIOR SO THAT

33:54 - MAKES IT SEEMS LIKE YOU WANT TO

33:55 - STICK OR ABOUT AN EXCEPTION

33:57 - THAT THIS WAS NOT GOING TO

33:58 - APPLY

33:59 - TO EVERYBODY.

34:00 - >>BUT ISN'T THE OPPOSITE IS

34:02 - TRUE AND THAT THE DATES DON'T

34:03 - SEEK TO PRECLUDE SOMEBODY FROM

34:05 - REGISTERING BUT ACTUALLY SEEKS

34:08 - TO BRING IN EVERYONE.

34:10 - SO UNDER PRIOR LAW THAT THEY

34:12 - HAD TO REGISTER THEY'RE GOING

34:13 - TO HAVE TO REGISTER NOW.

34:15 - >>I THINK THAT ASSUMES THE

34:16 - TRUTH OF THE PROPOSITION YOUR

34:19 - HONOR I I THINK THAT.

34:21 - YOU CAN'T GET PAST THE LANGUAGE

34:22 - OF THE GENERAL ASSEMBLY OPTED

34:23 - TO USING CRAFTING THE REACH OF

34:26 - THE STATUTE IN THE SITUATION.

34:28 - I

34:28 - THINK THAT ONCE AGAIN IF THE

34:31 - GENERAL ASSEMBLY THAT WANT TO

34:32 - BE COMPLETELY INCLUSIVE DID NOT

34:34 - WANT TO CARVE OUT AN EXCEPTION

34:35 - FOR SOMEONE WHO WAS NEVER FOR

34:36 - WHATEVER REASON REQUIRED TO

34:38 - REGISTER UNDER PRIOR SCHEME.

34:40 - YOU CAN EASILY AVOID THAT AND I

34:42 - THINK THE GENERAL ASSEMBLY'S

34:43 - LANGUAGE HAS TO BE GIVEN

34:44 - EFFECT.

34:46 - AND TO THE EXTENT THAT THERE IS

34:47 - AMBIGUITY HERE TO THE EXTENT

34:49 - THAT THE P S P'S INTERPRETATION

34:50 - IS A TERRIBLE ONE. I THINK

34:52 - THAT'S FINE. HOWEVER,

34:54 - PENNSYLVANIA LAW IS VERY CLEAR

34:56 - THAT A RETROSPECTIVE STATUTES

34:57 - YOU ADOPT THE STRICT

34:58 - CONSTRUCTION WITH THE S P'S

35:00 - INTERPRETATION IS THE BROADEST

35:03 - A DISPUTE THAT.

35:04 - >>THE INTENT OF THE LAW AS

35:06 - STATED WITHIN THE STATUTE

35:07 - ITSELF. WE MUST ALSO BE GIVEN

35:09 - CONSIDERATION.

35:11 - >>THE INTENT WAS TO BE GIVEN

35:12 - CONSIDERATION TO THE EXTENT

35:13 - THAT THERE'S AMBIGUITY YES,

35:15 - YOUR HONOR BUT AGAIN THE FACT

35:17 - THAT IT WAS NOT

35:18 - BUT AND UP TO THE POINT TO

35:20 - INCLUDE PEOPLE IN CMS POSITION

35:22 - MUST ALSO BE GIVEN

35:23 - CONSIDERATION BECAUSE THAT'S

35:24 - THE LANGUAGE OF THE GENERAL

35:25 - ASSEMBLY OPTED TO USE FOR HIM

35:28 - JUST SO I'M CLEAR YOU'RE YOU'RE

35:30 - REFERRING TO THE SCOPE

35:31 - PROVISION.

35:32 - >>THAT THAT'S THE PROVISION

35:33 - THAT.

35:40 - RELATING TO REGISTER IT.

35:44 - THAT

35:45 - THE PROVISION

35:48 - 99.52 THAT'S CORRECT YOUR HEART

35:50 - OF YOUR

35:52 - LANGUAGE CASE.

35:53 - >>THAT'S CORRECT YOUR HONOR

35:54 - BECAUSE THAT'S THE GATEKEEPING

35:55 - FUNCTION FOR SUCH AFTER I

35:57 - THAT'S WHAT IT SAYS RIGHT AT

35:59 - THE OUTSET. THERE ARE 2

36:00 - CATEGORIES OF PEOPLE WHO HAVE

36:01 - TO REGISTER UNDER

36:04 - >>SCHEME AND CM FITS INTO

36:06 - NEITHER ONE OF THEM

36:07 - AND WHETHER THAT'S BECAUSE THE

36:08 - LAND IS CLEARLY EXCLUDES IN

36:09 - WHICH OBVIOUSLY IS OUR MAIN

36:10 - POSITION OR WHETHER IT'S

36:12 - AMBIGUOUS AND THE COURT MUST

36:13 - ADOPT THE STRICT CONSTRUCTION.

36:15 - EITHER WAY THIS COURT SHOULD

36:17 - GRANT PCN

36:17 - SUMMARY RELEASED AND ORDER HIS

36:19 - NAME STRUCK FROM THE SEX

36:20 - OFFENDER REGISTRY BECAUSE THEY

36:21 - WOULD NOT REQUIRED TO REGISTER

36:23 - THAT'S CORRECT YOUR HONOR HE

36:24 - NEVER WAS HE NEVER HAD TO DO

36:25 - ANYTHING AT ALL. UNDER A PRIOR

36:27 - REGISTRATIONS GAME UNTIL

36:29 - OCTOBER OF

36:30 - 2020. 8 YEARS AFTER THE

36:32 - RELEVANT PERIOD SPECIFIED UNDER

36:34 - THE SCOPE OF A SUBJECT OR A.

36:37 - >>SO THERE'S A PARALLEL

36:38 - LITIGATION THAT'S GOING ON

36:40 - CORRECT.

36:41 - >>THAT'S DIRECTOR OF THE U.S.

36:42 - SUPREME COURT DENIED THE

36:43 - PETITION FOR ALLOWANCE OF LAST

36:45 - WEEK. SO THERE'S NO DANGER

36:47 - OATH.

36:50 - >>THING LIKE THAT DENIED ALL

36:52 - CARTER AND SMALL THAT THAT'S

36:54 - CORRECT YOUR HONOR OKAY.

36:55 - >>THIS IS THIS A LANGUAGE 15 BE

36:59 - IT SAYS.

37:01 - >>THEIR PERIOD OF REGISTRATION

37:03 - SHALL COMMENCE UPON RELEASE.

37:07 - TO REVIEW

37:08 - THAT IS IT HAS MEANING THE

37:10 - ACTUAL TIME FRAME BUT NOT THE

37:13 - REQUIREMENT ITSELF.

37:16 - >>WELL FIRST OF ALL THAT'S THE

37:17 - CURRENT ITERATION OF AND SO I

37:19 - DON'T KNOW THE CAMERA WITH THE

37:21 - EXACT LANGUAGE WAS UNDER

37:22 - MEGAN'S LAW A ONE I'M A CELEB

37:24 - TO MAKE ITS LAST 3. EVEN NEEDS

37:27 - SORT

37:28 - OF ONE. BUT I DON'T BELIEVE WE

37:30 - SHOULD READ IT THAT WAY I THINK

37:32 - THE KEY IS

37:34 - THE KEY THING TO LOOK AT IS THE

37:35 - SECTION OF ITSELF BECAUSE

37:37 - THAT'S WHAT INDICATES HERE ARE

37:39 - THE PEOPLE WHO HAVE TO REGISTER

37:40 - UNDER THIS PROVISION AND

37:42 - BECAUSE OF THAT RIGHT WAS

37:43 - DRAFTED IN MY VIEW TO EXCLUDE

37:45 - CM ARE THOSE PEOPLE WHO ARE IN

37:48 - HIS POSITION THAT HAS TO BE

37:50 - GIVEN A SECT REGARDLESS OF WHAT

37:52 - THE PRIORS THAT YOU MIGHT HAVE

37:53 - SAID. HE NEVER HAD TO DO

37:55 - ANYTHING AT ALL.

37:56 - AND THE PRIOR STATUTES DID

37:57 - INDICATE THAT THE DUTY TO

37:59 - REGISTER

37:59 - ONLY RISES ONE RELEASE OR IN

38:02 - ONE INSTANCE, A MUSIC WRITER

38:04 - RELEASED.

38:06 - THANK YOU VERY THANK YOU.

38:23 - >>IS NUMBER 28.

38:25 - JAMIE CAMP VERSUS GREEN ACRES

38:28 - CONTRACTING COMPANY. THIS CASE

38:30 - INVOLVES A CONSTITUTIONAL

38:32 - CHALLENGE TO SECTION 3.19 OF

38:35 - THE WORKERS

38:37 - WHICH PROVIDES THAT WHERE THE

38:38 - WORK INJURIES CAUSED BY THE

38:40 - NEGLIGENCE OF A 3RD HARDY

38:42 - TORT FEATURE. THE EMPLOYERS

38:44 - OBLIGATED TO THE RIGHT OF THE

38:45 - EMPLOYEE AGAINST THE TORT

38:47 - FEATURE TO

38:48 - THE EXTENT. THE COMPENSATION

38:51 - PAYABLE UNDER THE ACT

38:53 - ENSURE AN EMPLOYER CAN RECOUP

38:55 - ITS PAYMENT OF WORKERS

38:57 - COMPENSATION BENEFITS FROM THE

39:00 - AWARD OF DAMAGES. THE INJURED

39:01 - EMPLOYEE GRIFFEY'S FROM THAT OR

39:04 - TEASER. IN

39:06 - THIS CASE. JAMIE CAM SO

39:10 - SERIOUS INJURIES

39:11 - ON APRIL

39:12 - 21ST 2016 WHEN HE WAS DROPPED

39:15 - BY VOTERS ALL DOING ROAD WORK.

39:17 - IN THE COURSE OF

39:18 - HIS EMPLOYMENT. EMPLOYER

39:21 - ACCEPTED LIABILITY FOR

39:22 - CLAIMANTS INJURIES AND PAID

39:24 - CLAIMANT LLOYDS LOSS AND

39:26 - MEDICAL BENEFITS IN ACCORDANCE

39:28 - WITH THE ACT IN

39:29 - EXCESS OF

39:32 - $328,000. THE MOTOR FIRST

39:34 - COVERED BY 2 IN TERMS OF POLICY

39:37 - AND EACH INSURER SETTLE

39:40 - WITH

39:41 - CLAIMANT. UP TO THE

39:43 - RESPECTIVE LIMITS OF THE

39:44 - POLICIES WHICH WAS $150,000.

39:49 - CLIMATE THEN FILED A

39:50 - DECLARATORY JUDGMENT ACTION

39:52 - WITH THE COURT OF COMMON PLEAS

39:54 - OF FAYETTE COUNTY

39:56 - SEEKING TO DETERMINE THE AMOUNT

39:58 - OF HIS AND ALLOCATION OF HIS

40:01 - COURT DAMAGES.

40:02 - THE COURT FOUND THAT CLAIMANTS

40:04 - DAMAGES FOR PAIN AND SUFFERING

40:06 - MEDICAL EXPENSES LOST WAGES

40:08 - LOST PENSION CONTRIBUTIONS AND

40:10 - DISFIGUREMENT TOTAL 1.9 MILLION

40:14 - DOLLARS.

40:15 - CLIMATE SUBSEQUENTLY FILED A

40:17 - PETITION.

40:18 - WITH THE BUREAU OF WORKERS

40:20 - COMPENSATION

40:22 - TO LIMIT. EMPLOYERS SEGREGATION

40:24 - LEAN TO

40:27 - $17,150 CLIMATE ARGUE THAT

40:29 - SECTION 3.19 OF THE

40:30 - ACT VIOLATES SUBSTANTIVE DUE

40:33 - PROCESS GUARANTEE BY THE

40:35 - PENNSYLVANIA CONSTITUTION

40:36 - BECAUSE IT ALLOWS AN EMPLOYER

40:38 - TO SEGREGATE AGAINST THE

40:39 - ENTIRE AMOUNT OF CLAIMANTS

40:41 - RECOVERY EVEN THOUGH A

40:43 - SUBSTANTIAL PORTION OF THAT

40:45 - RECOVERY RELATE TO PAIN AND

40:47 - SUFFERING OUT OF POCKET LOST

40:49 - WAGES LOST FRIEND BENEFITS

40:51 - AND DISFIGUREMENT NONE OF THOSE

40:53 - LOSSES ARE PAYABLE UNDER THE

40:56 - WORKERS COMPENSATION ACT.

40:58 - HE ALSO CLAIMED THAT SECTION

41:00 - PRE

41:00 - 19 FILE VIOLATE ARTICLE 3

41:03 - SECTION 18 OF THE PENNSYLVANIA

41:05 - CONSTITUTION WHICH PROHIBITS

41:07 - LAWS LIMITING PERSONAL INJURY

41:10 - DAMAGES. THE WORKERS

41:12 - COMPENSATION APPEAL BOARD

41:13 - REJECTED BOTH CONSTITUTIONAL

41:15 - ARGUMENT. THE BOARD EXPLAIN

41:18 - THAT SECTION 3.19 IS RATIONALLY

41:20 - RELATED TO A LEGITIMATE

41:21 - GOVERNMENT INTEREST MAINLY TO

41:24 - PREVENT DOUBLE RECOVERY.

41:26 - BY AN

41:26 - INJURED CLAIMANT FURTHERMORE AN

41:29 - EMPLOYER NOT REQUIRED TO MAKE

41:31 - COMPENSATION PAYMENT. THAT WERE

41:33 - THE RESULT OF THE NEGLIGENCE OF

41:35 - A 3RD PARTY.

41:37 - ON APPEAL. CLAIMANT ARGUE THAT

41:39 - THE BOARD ERRED AND THAT THE

41:40 - PENNSYLVANIA CONSTITUTION

41:43 - HAS. PROHIBITED OR FARSI

41:46 - ADJUDICATION OF THE BOARD.

41:50 - HE ALSO REJECTS PRIOR TO

41:53 - SHERIFF PRUDENT WHICH.

41:55 - SUPPORT ANOTHER CONCLUSION.

41:59 - SUPPORT THE

42:00 - BOARD'S CONCLUSION. SO WITH

42:02 - THAT WE WILL CALL COUNCIL FOR

42:04 - CLIMATE.

42:09 - THE MORNING OR OWNERS WILLIAM

42:10 - MARTIN ON BEHALF OF THE

42:11 - PETITIONER JAMIE CAMP.

42:15 - WOULD

42:15 - YOU LIKE A RIVER VENDING TIME

42:17 - FOR ALL, I'M YES, I RESERVE ONE

42:19 - MINUTE REBUTTAL. THANK YOU YOU

42:20 - HAVE IT.

42:22 - 15 YEARS AGO YOUR HONORS I HAD

42:24 - THE I BELIEVE THAT THE CLERK

42:27 - FOR THIS MOST ON RECORD

42:28 - AND THAT WAS MY FIRST EXPOSURE

42:30 - TO PENNSYLVANIA WORKERS

42:31 - COMPENSATION ACT WAS FRESH OUT

42:33 - OF LAW SCHOOL I DIDN'T KNOW

42:34 - ANYTHING ABOUT.

42:35 - >>ADMINISTRATIVE LAW AND I I

42:37 - LEARNED ABOUT EMPLOYMENT

42:38 - COMPENSATION WORKERS

42:40 - COMPENSATION AND I HAD A COUPLE

42:42 - BENCH BRIEFS AND OPINIONS ON

42:44 - 3.90 MINUTE SEEM KIND OF ODD

42:46 - THAT THE

42:48 - EMPLOYER CAN TAKE EVERYTHING

42:49 - BUT I JUST ASSUMED THAT WAS THE

42:50 - LAW THEN

42:52 - WHEN I FINNISH CLERKING I WENT

42:54 - TO A WORKERS COMP DEFENSE FIRM

42:56 - WHERE.

42:57 - SECTION 3.19 WAS USED QUITE

42:59 - OFTEN IN 3RD PARTY, SEVERAL

43:00 - CASES AND IN THOSE SITUATIONS,

43:03 - THE EMPLOYER GOT BACK.

43:05 - EVERYTHING THAT WAS COLLECTED.

43:06 - WELL NOW I'M ON THE OTHER SIDE.

43:09 - I DO PERSONAL INJURY WORK AND

43:11 - THE CLAIMANTS WORK.

43:12 - AND NOW THAT I SEE HOW

43:15 - 3.19 WORKS IN REGARD TO 3RD

43:17 - PLACE SETTLEMENTS, A KIND OF

43:18 - SCRATCH, MY HEAD AND SAY WAIT A

43:19 - MINUTE SOMETHING DOESN'T SEEM

43:20 - RIGHT.

43:22 - CHECK THE CONSTITUTION COUPLE

43:23 - SECTIONS DOESN'T JOB WITH AND

43:26 - THAT'S WHAT BRINGS ME HERE

43:27 - TODAY.

43:28 - THE COURT WHAT WERE THE FACTS

43:30 - BUT A COUPLE SIGNIFICANT POINTS

43:31 - OF THE FACTS I WANT TO POINT

43:32 - OUT.

43:34 - NUMBER ONE THIS ISN'T A

43:35 - SITUATION WHERE MISTER CAMP

43:38 - WENT TO THE 3RD PARTY TOWARD

43:39 - FEES OR OR HIS INSURANCE

43:41 - CARRIERS INSTEAD LET'S BLACK

43:43 - BACKROOM LET'S YOU CAN FIND US

43:45 - TEAM THAT WE

43:46 - CAN CHEAT THE EMPLOYER THAT WE

43:48 - CAN GET AROUND SOME OF THE

43:50 - NATION AND WE UNILATERALLY A

43:52 - PORTION

43:52 - X AMOUNT, THE LIABILITY LIMITS

43:55 - THAT'S WHAT HAPPENED. BUT LET

43:56 - ME ASK YOU IF

43:57 - YOU UNDERSTAND YOU'VE SEEN ALL

43:59 - THE DIFFERENT SIDES OF SECTION

44:00 - 3.19.

44:01 - >>IS IT REALLY FOR THIS COURT

44:03 - TO BE RESOLVING THIS PARTICULAR

44:05 - ISSUE DOESN'T NEED TO BE

44:07 - RESOLVED BY THE GENERAL

44:08 - ASSEMBLY BECAUSE I MEAN I DO

44:09 - BELIEVE THAT THE CLAIMANT HAS

44:11 - MADE A GOOD POINT HERE. BUT

44:13 - THE LAWS ALSO

44:14 - VERY INGRAINED AS AND THE

44:17 - JUDICIARY CANNOT LEGISLATE FROM

44:18 - THE BENCH. AND SO WE HAVE

44:21 - DIFFICULTY IN EVEN IF WE WANT

44:23 - TO RESOLVE IN YOUR FAVOR.

44:26 - HOW DO WE DO THAT

44:27 - WITHOUT LEGISLATING FROM THE

44:28 - BENCH OR IS IT SOMETHING THAT

44:30 - THE GENERAL SIMPLY NEEDS TO I

44:32 - APPRECIATE THAT QUESTION TO ASK

44:33 - OF YOU I THINK

44:35 - THE ONLY BRANCH OF GOVERNMENT

44:37 - AT THIS POINT THAT CAN CORRECT

44:40 - THIS WRONG IS THE

44:42 - COURT SYSTEM BECAUSE IT'S

44:44 - UNCONSTITUTIONAL.

44:46 - >>THIS IS WHAT WE'RE ABOUT THIS

44:48 - IS WHY WE'RE HERE TODAY TO COME

44:49 - BEFORE YOUR HONOR IS UNSAFE.

44:51 - THIS LAW VIOLATES THE

44:52 - PENNSYLVANIA CONSTITUTION.

44:53 - JUST LIKE PRE PRIOR CASE WITH

44:55 - MEGAN'S LAW THERE'S SOMETHING

44:56 - THAT DOESN'T SIT WELL AS THIS

44:57 - VIOLATED THE CONSTITUTION.

44:59 - SO WE'RE NOT ASKING THE

45:00 - LEGISLATURE WILL RETHINK THIS.

45:01 - WE WANT THIS COURT WE'RE ASKING

45:03 - THIS COURT

45:04 - TO SAY ON 2 BASES TO DEFER

45:06 - INDIVIDUAL SECTIONS OF THE

45:07 - PENNSYLVANIA IS A STATE

45:08 - CONSTITUTION. IT IS NOT DOESN'T

45:11 - HOLD UP.

45:12 - >>IT'S A VERY HIGH BURDEN.

45:13 - IT AND THE I'M NOT GOING TO

45:15 - COME BEFORE

45:16 - THE COURT WE DO THAT WALK US

45:19 - THROUGH SURE.

45:23 - THE FIRST SECTION IS IS ARTICLE

45:25 - ONE SECTION ONE. WHAT'S THE

45:26 - RATIONAL

45:27 - BASIS TEST. NO NO SECRET WE'RE

45:29 - NOT SAYING THIS IS A

45:30 - FUNDAMENTAL RIGHT, THIS IS AN

45:31 - ECONOMIC RIGHT AND IT HAS TO

45:33 - PASS THE RATIONAL BASIS TEST

45:34 - WHICH IS A HIGH STANDARD FOR

45:36 - MISTER CAMP.

45:38 - THE LAW HAS TO BE RATIONALLY

45:39 - RELATED TO THE STATED OBJECTIVE

45:41 - OF THE STATUTE.

45:43 - THERE'S BEEN NUMEROUS OPINION

45:44 - FROM THIS COURT. THE

45:45 - PENNSYLVANIA SUPREME COURT THAT

45:47 - SAYS WHAT

45:48 - THE STATE OF BASES OF SECTION

45:50 - 3.19 US. PREVENTIVE

45:51 - DOUBLE RECOVERY. MAKE SURE THAT

45:54 - THE EMPLOYER DOESN'T SHOULDER,

45:55 - THE BURDEN FOR SOMEBODY ELSE

45:56 - WHO'S AT FAULT.

45:57 - AND ALSO MAKE SURE THAT THE

45:59 - COURT FEES OR DOESN'T ESCAPE

46:01 - LIABILITY. THE PROBLEM IS

46:03 - YOUR HONORS. THIS STATUE WORKS

46:05 - TOO WELL AND IN DOING SO IT

46:07 - VIOLATES ALL THIS. SO WE LOOK

46:11 - AT THE FIRST. DOUBLE RECOVERY.

46:15 - WE SUBMIT TO THIS COURT THAT

46:16 - THERE IS NO DOUBLE RECOVERY

46:17 - BECAUSE THERE'S DIFFERENT

46:19 - SPECIES OF DAMAGES BETWEEN THE

46:20 - WORKERS COMP BACK WHICH IS

46:23 - COURT WELL AWARE INDEMNITY

46:24 - MEDICAL WE THOUGHT NECK TO AND

46:27 - SPECIFIC LOSS. TOWARD AM JUST

46:30 - COMMON LAW OR STATUTORY.

46:32 - THERE'S PAIN SUFFERING WILLOW

46:34 - THE NEXT SCORING.

46:36 - CERTAIN MEDICAL BENEFITS LIENS

46:38 - THAT THE RECOVERABLE

46:39 - EVEN UNDER THIS CASE, THE MOTOR

46:41 - VEHICLE FINANCIAL

46:42 - RESPONSIBILITY LAW ALLOWS THE

46:44 - ASSERTION BY PLAINTIFFS TO

46:47 - GET TO COMPENSATION LING COVER

46:49 - WERE ALLOWED TO ASSERT THAT

46:50 - IN A 3RD PARTY COURT CASE SO

46:53 - THE COP IS TAKING CARE OF.

46:55 - BUT THEN YOU HAVE THESE OTHER

46:56 - ITEMS OF BENEFITS.

46:59 - PLAINTIFF THE CLAIMANT IS

47:00 - ENTITLED TO SO WE SUBMIT THAT

47:03 - THEY CAN COLLECT THOSE BENEFITS

47:04 - AND THE WORKERS COMP INDEMNITY

47:07 - WEIGHT LOSS MEDICAL WITHOUT A

47:10 - DOUBLE RECOVERY.

47:13 - NOT HAVING THE

47:14 - EMPLOYER SHOULDER.

47:15 - >>THE

47:16 - COUNCIL YOU DID SOMETHING OR

47:19 - CALL SAME BEFORE AND THAT IS

47:21 - YOU WENT TO THE COURT OF

47:22 - COMMON PLEAS AND FILED A

47:24 - DECLARATORY JUDGMENT ACTION.

47:28 - HAS THAT BEEN DONE BEFORE IN

47:29 - YOUR KNOWLEDGE, NO AND YOUR OWN

47:31 - OF THE REASON WHY WE DID IT IS

47:33 - IS THAT ON SOME CASES.

47:35 - >>BECAUSE WE DID NOT WANT TO

47:37 - UNILATERALLY TALK TO US

47:40 - REGRESSIVE AND SAY.

47:43 - >>YOU MAKE UP

47:43 - YOUR MIND. INSURANCE CARRIERS

47:45 - WHO HAS NOTHING TO DO NOTHING

47:46 - TO THE

47:47 - WORKERS COMP LET'S LET'S

47:49 - ARRANGE WHAT A QUOTE UNQUOTE

47:50 - PAIN AND SUFFERING PORTION OF

47:52 - THE SETTLEMENT IS WE COULDN'T

47:53 - DO THAT BECAUSE PARK CASE LOVE

47:55 - THIS COURT. SO AS YOU CAN

47:57 - YOU CAN.

47:57 - >>WELL IT GOES BACK PROVE THAT

47:59 - I BELIEVE IT GOES ALL THE WAY

48:00 - BACK TO THE SUPERIOR COURT DOES

48:03 - NOT FOR THIS COURT,

48:05 - AND THE EMPLOYER PARTICIPATED

48:07 - IN THAT CAR WAS WE'RE AT LEAST

48:11 - NAMED AS A PARTY, YOUR HONOR WE

48:13 - DIDN'T WANT ANY AS WE KNEW THAT

48:15 - THIS WAS GOING TO COME BEFORE.

48:17 - >>AT LEAST THIS COURT.

48:19 - WE KNEW WE DIDN'T WANT TO LEAVE

48:20 - ANYTHING TO CHANCE WHERE WE

48:21 - SAID WE EXCLUDED SOMEBODY WE

48:23 - DIDN'T HAVE SOMEBODY

48:24 - PARTICIPATE IN FACT THE

48:25 - EMPLOYER.

48:27 - COUNSEL FOR THE GORE WAS THE

48:28 - ONLY PARTY THAT DID YOU.

48:31 - ACCORDING TO PARTICIPATE, USA

48:32 - COUNCIL FOR A REST WERE PRESENT

48:34 - IN THE COURTROOM.

48:37 - IN ITALY ARE IS THEY DIDN'T DO

48:38 - ANYTHING THEY SET THEIR BECAUSE

48:40 - THEY HAD ALREADY OFF OF

48:41 - THEIR LIMITS. IT WAS THE

48:42 - EMPLOYER, THE ACT OF THE AGAIN

48:44 - 2 PREVENT ANY ALLEGATIONS AND I

48:48 - DON'T SAY THAT A BAD WAY, BUT

48:49 - THE COLLUSION OR A BACKROOM

48:51 - DEAL BETWEEN MR. KAN

48:53 - IN THE 3RD PARTY LIABILITY

48:54 - CARES WE WANT EVERYBODY

48:55 - INVOLVED THOUGHT WE WOULD HAVE

48:56 - BROUGHT TO THE TABLE.

48:59 - GOING ON TO

49:02 - THE REASONS WHY THAT THE

49:04 - LEGISLATIVE. THE INTENT OF

49:07 - THE STATUTE. THE EMPLOYER NOT

49:09 - BEING ABLE TO SHOULDER THE

49:10 - BURDEN.

49:11 - THE EMPLOYER GETS A WINDFALL IN

49:13 - THIS CASE.

49:14 - EVERY SITUATION. SO YOU SEE

49:16 - HAVE A PIE AND EVERYBODY GETS A

49:18 - PIECE OF THE PIE.

49:21 - IF YOU GET TO KEEP THE PART OF

49:23 - THE PIE. YOU WANT FOR CLAIMANT.

49:26 - IS THERE

49:27 - ANY DEFICIT AND THAT PIE THAT

49:30 - THE EMPLOYER DOESN'T GET.

49:34 - EVERYBODY WHEN

49:34 - THERE'S A LOT OF MONEY THAT

49:36 - THEY WOULD OTHERWISE BE ABLE TO

49:41 - YES IN THE SITUATION IS CLEAR

49:42 - WITH THE FACTS OF THIS CASE

49:44 - WHERE THERE'S A 150,003RD

49:46 - PARTY. THE LEANS IN EXCESS OF

49:48 - THAT. WE

49:50 - IMPLORE GETS A

49:52 - $100,000. THE OTHER 3RD GOES TO

49:55 - COST FEES.

49:57 - IF YOU HAVE A SITUATION WHERE

49:59 - THE LIEN IS LESS AND THE

50:01 - INDIVIDUALS DOING COM. THE

50:02 - LEAN SATISFIED. BUT AS

50:04 - WE'RE AWARE THE ADDITIONAL

50:06 - AMOUNT OF THE 3RD PARTY

50:07 - RECOVERIES TREATED AS A BALANCE

50:09 - OF RECOVERY AND IT'S

50:10 - JUST EXHAUSTED.

50:11 - THE MORE WELL IT USED TO BE

50:14 - MEDICAL BENEFITS AND WEIGHT

50:15 - LOSS THAT'S RECENTLY CHANGED

50:16 - WHILE WEIGHT LOSS OR SPACE.

50:18 - SO IN THE END THE EMPLOYERS

50:21 - GETTING EVERYTHING YOUR

50:22 - QUESTION JUDGE KOBE IT. THERE

50:24 - HAS TO BE A GIVE AND TAKE.

50:27 - MEDICARE'S LIKE THAT DHS IS

50:29 - LIKE THAT LEADS WHERE THE.

50:34 - REDUCE THEY GO

50:34 - OVER HERE. THE CLAIMANT GETS

50:36 - NOT WHAT THEY'RE ENTITLED TO

50:38 - BUT A PORTION IN THE EMPLOYER.

50:40 - IT'S WHAT THEY'RE ENTITLED TO.

50:42 - A PORTION OF

50:43 - SORRY. SO THERE'S A GIVE AND

50:45 - TAKE AND THAT'S THAT'S REALLY

50:46 - THE REASON AWAY. BUT THAT'S NOT

50:48 - HOW THE STATUTE WORKS THE

50:49 - STATUE WORKS TOO WELL.

50:51 - YOU HAVE THESE THESE POTS THESE

50:53 - DIFFERENT ITEMS OF DAMAGES PAIN

50:54 - AND SUFFERING SOMETHING THAT

50:56 - DISFIGUREMENT.

50:58 - WAGE LOSS THAT'S

50:59 - NOT A COUNSELOR YOU ARE USPS TO

51:01 - CARVE OUT CERTAIN TYPES OF

51:03 - DAMAGES AND SAY THESE ARE NOT

51:05 - RECOVERABLE BY THE EMPLOYER.

51:09 - >>IF IT WERE YOU ASKING

51:11 - US TO LOOK AT THE CAP ON WHAT

51:13 - THE EMPLOYER HAS ALREADY PAID

51:15 - OUT WE'RE LIVE IN A RECOVERY TO

51:18 - THAT REGARDLESS OF THE TYPES OF

51:21 - DAMAGES, OKAY, NO JUDGMENT CALL

51:23 - I THINK

51:24 - REALLY WHAT WE'RE SAYING IS

51:25 - WHAT WE'RE COMING BEFORE THIS

51:27 - HONORABLE COURT ASKING FOR IS.

51:29 - >>THIS STATUE. IT'S GOING TO BE

51:31 - ON WHAT ITS

51:32 - AIMS ARE.

51:33 - >>THE AIM IS TO LIMIT RECOVERY

51:35 - TO THE EMPLOYER TO WHAT IT HAS

51:37 - EXPENDED YEAH SO IS YOUR POINT

51:39 - OKAY AND THEN THEN IT HAS TO GO

51:40 - BACK TO THE LEGISLATURE.

51:43 - >>KIND OF LIKE THE I R

51:44 - E CASES THAT WE HAVE REASON TO

51:46 - FLAT OUT ON ON CONSTITUTIONAL

51:48 - AND CALLED STARTING OVER AGAIN

51:50 - AND LET'S LET'S GO BACK NOW AND

51:51 - CREATE A STATUTE WHERE

51:53 - THE CLAIMANT GETS A PIECE THE

51:55 - EMPLOYER GETS A PIECE WITH THIS

51:56 - A CLAIM TO GET.

51:58 - THE THE PAIN

51:59 - AND SUFFERING. FANS SAY WELL

52:01 - WHY ARE YOU ASKING THAT A

52:04 - 150,000 BE A PORTION.

52:07 - IN ACCORDANCE WITH THE

52:08 - TRIAL COURTS HOLDING AT THE

52:11 - WHAT AMOUNT OF ABOUT 1.9

52:13 - MILLION WITH PAIN

52:14 - AND SUFFERING.

52:15 - >>WHAT AMOUNT WITH WEIGHT LOSS

52:17 - WHAT AMOUNT

52:17 - WAS MEDICAL. AND

52:20 - WHEREAS MEDICAL FAR FORD BE

52:23 - COVERED BY THE EMPLOYER, THE

52:24 - EMPLOYER WORK AT.

52:26 - A PERCENTAGE OF

52:27 - A 150,000 EQUAL TO THE

52:29 - PREVENTIVE OF WHAT IT PAID OUT.

52:33 - COMPARED TO THE

52:34 - 1.9 MILLION

52:34 - THAT WAS A COMPLICATED

52:35 - MATH AND I IF THIS IS A VERY

52:39 - TOUGH CASE FOR ME TO DO BECAUSE

52:41 - THERE'S NUMBERS INVOLVING

52:42 - THERE'S SOMETHING THAT I'M

52:43 - ASKING YOU TO SET THE NUMBERS

52:46 - >>I'M ASKING YOU TO TELL US

52:47 - WHAT ARE YOU I UNDERSTAND

52:49 - YOU'RE ASKING US TO CARVE OUT

52:52 - CERTAIN TYPES

52:53 - OF DAMAGES. AND THOSE ARE

52:55 - EXCLUSIVELY TO BE THE CLAIMANTS

52:58 - THE INJURED STAM IMAGES AND THE

53:01 - EMPLOYER DOES NOT GET A PIECE

53:02 - OF THAT PIE BECAUSE PAY

53:05 - ANYTHING TOWARDS THAT.

53:09 - YOU KNOW STILL LINE THE

53:10 - EMPLOYER TO RECOUP WHATEVER IT

53:13 - HAS

53:13 - PAID OUT IS THAT YOUR POSITION

53:16 - THAT I'M TRYING TO GET I CALL A

53:19 - JUSTIN.

53:21 - OUR POSITION IS NOT THIS COURT

53:23 - HAS TO LOOK AT THESE THIS

53:24 - SECTION 3.19 AND FIGURE OUT HOW

53:26 - TO MAKE IT FAIR OR EQUITABLE.

53:30 - WE'RE ASKING TO SAY WAIT

53:32 - A MINUTE IS THAT ASKING

53:33 - TO HAVE IT DECLARED

53:34 - UNCONSTITUTIONAL LAWS YOU AND

53:36 - YOU'RE JUST USING THIS.

53:38 - >>HAHA. MATHEMATICAL EXERCISE

53:41 - TO

53:41 - SHOW WHY IT'S AN CONSTITUTION

53:43 - RIGHT AGAIN WE DIDN'T WANT TO

53:44 - INCLUDE WITH ANYBODY BECAUSE IT

53:46 - ALLOWS THE EMPLOYER TO PAY

53:49 - IF THE TO RECOVER ENTIRELY WHAT

53:51 - IT PAID OUT EVEN THOUGH THE

53:53 - ACCESS TO THE EXTENT.

53:55 - YES, IT'S THIS ACT ALLOWS AND

53:57 - THE EMPLOYERS TO REACH INTO THE

54:00 - PAIN AND SUFFERING

54:01 - FORGET AN AUTO ACTION CASE, A

54:02 - COMMON LAW AS I SAID IN OUR

54:04 - BRIEF WHERE INDUSTRIAL

54:05 - ACCIDENT. SOMEBODY GETS THERE

54:07 - BLOCKED OFF AND A MACHINE.

54:09 - THEY'RE OBVIOUSLY ON COM.

54:10 - THEY SEE THE PRODUCTS LIABILITY

54:12 - THERE THEY RAISE A PRODUCTS

54:13 - LIABILITY CASE THERE IS HELP

54:14 - THE COMMONWEALTH PAIN AND

54:15 - SUFFERING. ASSUMING

54:19 - DAMAGE IS CATASTROPHIC THE

54:21 - LIENS HIGH. AGAIN THEY DON'T

54:23 - GET TO KEEP ANYTHING AS IN THIS

54:25 - CASE, THE EMPLOYER REACHES INTO

54:27 - THAT PAIN AND SUFFERING

54:28 - SOMETHING THAT'S NOT PAYABLE

54:29 - UNDER THE ACT.

54:31 - AND THEY CAN TAKE

54:32 - PART OF THE BASIS FOR THE ACT

54:34 - AND THE ABILITY OF THE EMPLOYER

54:36 - TO BE COVERED THE FACT THAT

54:37 - THEIR SON IN PRACTICALITY IN

54:39 - DETERMINING.

54:40 - >>WHAT SHOULD BE A LOT OF TO

54:42 - PAIN AND SUFFERING IN

54:43 - CERTAIN CIRCUMSTANCES FOR 9.10

54:46 - OF THESE CASES MAY BE SETTLED

54:48 - AND NOT BEACH TRIAL.

54:49 - THERE IS CONTROL OVER WHAT IS A

54:51 - LOT OF THE PAIN AND SUFFERING

54:53 - BY INDIVIDUALS WHO ARE NOT

54:54 - LOOKING OUT NECESSARILY FOR THE

54:55 - EMPLOYER'S INTEREST

54:57 - AND IF WE ASKED A

54:59 - TRIAL COURT TO MAKE THAT

55:01 - DETERMINATION IN EVERY CASE

55:02 - THEY WOULD ULTIMATELY BE

55:04 - HOLDING A TRIAL AND DAMAGES AND

55:05 - EVERYTHING AND IT'S FUNNY YOU

55:07 - SAY THAT JUST BECAUSE I MY

55:09 - LEGAL SYSTEM DRIVING UP, I

55:10 - SAID.

55:11 - >>THAT'S GOING TO BE A QUESTION

55:13 - AND I THOUGHT OF THIS.

55:15 - IF A CASE THE SOMETIMES THAT A

55:17 - CIVIL CASE WHERE THERE'S A 3RD

55:19 - PARTY GOES TO TRIAL.

55:21 - THE JURY IS GOING TO DETERMINE

55:22 - I KNOW THAT'S NOT WHAT YOU'RE

55:23 - ASKING.

55:25 - THIS MAY FOSTER WHEN THERE'S A

55:27 - SETTLEMENT.

55:29 - >>BRINGING THE EMPLOYER ON

55:30 - BOARD ALONG WITH A 3RD PARTY.

55:32 - COURT FEES OR RELIABILITY CARES

55:33 - AND SAY

55:34 - LET'S FIGURE OUT NOW THAT WE'RE

55:36 - ALL THE TABLE WHAT'S A

55:37 - REASONABLE WAY TO APPORTION US.

55:39 - WE SUBMIT THAT IT'S NOT GOING

55:41 - TO CLOG UP THE COURT BECAUSE

55:42 - IT'S WELL DON'T COST TO JANELL

55:45 - IT'S GOING TO FORCE THE

55:46 - EMPLOYERS AT THAT POINT TO SAY

55:47 - WAIT A MINUTE WE CAN'T GET A

55:48 - DOLLAR FOR DOLLAR WE WANT

55:50 - TO MAX OUR INCOME BUT NOW WE'VE

55:52 - GOT TO PLAY BALL.

55:53 - SO I DON'T THINK THERE'S GOING

55:54 - TO BE THIS RUSH TO THE

55:55 - COURTHOUSE FOR DEC JUDGMENT

55:56 - ACTIONS LIKE WE THOUGHT THIS IS

55:58 - HOW WE HAD TO GET WHERE WE ARE

55:59 - NOW THIS IS ALSO THE RATIONAL

56:01 - PART OF THE RATIONAL BASIS IN

56:03 - THIS IS THE FACT THAT THE EU

56:05 - WORKERS COMPENSATION IS TO BE

56:06 - AN INSURANCE AND LIKE ANY

56:08 - INSURANCE IF THERE IS A

56:09 - PAYMENTS.

56:11 - >>THAT'S THE INSURANCE WAS NOT

56:12 - NECESSARY THEN THAT PAYMENT

56:14 - SHOULD REIMBURSE THE INSURANCE.

56:17 - AND I'M AGAIN THAT GOES TO THE

56:19 - ONE OF THE OBJECTIVES THAT

56:20 - STATUE TO MAKE SURE THAT

56:21 - THEY'RE NOT

56:22 - SHOWING THE.

56:23 - >>THE I SEE MY I FINISHED THE

56:25 - MUCH, YES, ABSOLUTELY THEY MAY

56:28 - NOT SHORT SHOULDER, THE BURDEN

56:29 - FOR SOMEBODY SOMEBODY ELSE'S

56:30 - FAULT.

56:32 - BUT AGAIN SOMEBODY ELSE'S FAULT

56:34 - IS DIVIDED INTO CERTAIN PIECES.

56:36 - THEY DON'T PAY

56:37 - BUT THEY GET TO THE REGION TO

56:39 - THE TABLE TO PULL ALL OF THAT

56:40 - OUT SO THEY'RE GETTING THAT

56:41 - WINDFALL TO UNDERSTAND YOU'RE

56:43 - SAYING ABOUT THE DIFFERENCE THE

56:45 - APPORTIONMENT OF WHAT'S BEING

56:46 - PAID ON THE TAPE AND DAMAGES

56:48 - THAT IT IS BUT WITH THE

56:49 - RATIONAL BASIS FOR THE LONG BE

56:51 - SIMPLY THE GENERAL.

56:52 - >>THE FACT THAT IT IS INSURANCE

56:55 - AND PAYMENT

56:56 - INSURANCE IS TO COVER SOMETHING

56:57 - THAT SOMEONE IS OTHERWISE NOT

56:59 - TAKING CARE OF AND THEN WHEN A

57:01 - CALM CONVERSATION IS RECEIVING

57:03 - A SETTLEMENT OR OTHERWISE THAT

57:04 - MONEY

57:04 - THEN EXCESS AND IF IF THAT'S

57:06 - THE FLAT REASON I WOULD AGREE

57:08 - WITH YOU ARE. BUT.

57:10 - THE CLAIMANT HAS THE RIGHT TO A

57:11 - CERTAIN SPECIES OF DAMAGES.

57:15 - AND THE INSURANCE IS NOT ONLY.

57:18 - IT'S JUST DRAWING THAT BACK IT

57:19 - IS REACHING INTO SOMETHING ELSE

57:21 - ARE YOU SAYING THAT THAT UNDER

57:23 - THE EXISTING LAW IT IS ONLY A

57:25 - RATIONAL IN THE SENSE WHEN

57:27 - THERE HAS BEEN AN APPORTIONMENT

57:29 - OF DAMAGES SO SOME GENERAL

57:30 - SETTLEMENT WITHOUT AN

57:32 - INDICATION OF WHAT PAIN AND

57:33 - SUFFERING WERE.

57:34 - WHERE THERE'S NO ABILITY TO

57:36 - DISCERN WHAT THE SPECIFIC

57:37 - DAMAGE IS DIFFERENT THAN THE

57:38 - EMPLOYER SHOULD GET PAID

57:40 - EVERYTHING BUT WHEN THERE'S

57:41 - BEEN A DETERMINATION AS TO WHAT

57:42 - PAIN AND SUFFERING WAS WHAT

57:44 - MEDICAL LOSS WAS WHAT WE SAW

57:45 - SOME OF THEM THERE THERE NEEDS

57:47 - TO BE A LINE DRAWN. I DON'T

57:49 - THINK IT'S THAT. BLACK

57:52 - AND WHITE WHEN YOU GET A 3RD

57:54 - PARTY JUST THE COURT I JUST

57:56 - WANT TO FINISH.

57:58 - NO PROBLEM WHEN WHEN YOU GET

58:00 - THAT A PORTION OF THE GET

58:01 - THAT SETTLEMENT. IN MY TIMES DO

58:04 - THEY SAY WELL WE WE KNOW WE

58:06 - HAVE THE SEPARATION INTEREST.

58:08 - >>LET'S TRY TO FITTING CERTAIN

58:10 - CALLS YOU GET THIS NUMBER YOU

58:13 - WORK OUT A DEAL WITH HOME CARE.

58:16 - I DON'T THINK YOU NEED A

58:17 - CERTAIN PORTION

58:19 - TO SAY THE STATUTES WORKS OR

58:22 - DOESN'T WORK. AS LONG AS YOU

58:23 - GET THIS 3RD QUARTER RECOVERY

58:25 - WHETHER YOU'RE INJURED IN OBAMA

58:27 - D-IL ACCIDENT. THEY SLIP AND

58:29 - FALL, IT'S PRESUMED THERE'S

58:31 - THERE'S COMMON LAW PAIN AND

58:32 - SUFFERING INVOLVED THERE

58:34 - AND THEY CAN GET THAT WE DON'T

58:35 - KNOW THE 150,000 HOW MUCH HAS

58:37 - BEEN SUFFERING.

58:38 - >>I'M DO WE KNOW OF THE 150,000

58:41 - HOW MUCH AS PAIN AND SUFFERING.

58:45 - THE WAY

58:45 - WE HAD A PORTION OF IT 1.5

58:48 - MILLION ONE POINT FIVE

58:49 - MILLION SO. SO WHATEVER AND GET

58:52 - I'M NOT GOING AT ONE 0.5

58:54 - MILLION RELATES THE OVERALL ONE

58:56 - 0.9 MILLION THE TROP OR

58:58 - DETERMINE WAS THE TOTAL

58:59 - DAMAGES.

58:59 - >>WE WOULD WE WOULD SAY THAT

59:01 - THAT GOES TO THE PAIN AND

59:03 - SUFFERING KING.

59:04 - >>ONE MOMENT I LIFTED UP TO

59:07 - >>JUST VISIT AND

59:08 - CAN STATED. I MEAN THE WHOLE

59:09 - PURPOSE OF THE WORKERS

59:11 - COMPENSATION STATUTE IS TO

59:13 - ENSURE THAT EMPLOYEES. WE

59:16 - QUICKLY GET

59:18 - RELIEF AND PROTECTION,

59:20 - ECONOMICALLY MEDICALLY.

59:23 - AND IN ORDER TO YOU THAT THE

59:24 - GOVERNMENT HAS THAT EMPLOYER

59:26 - YOU MUST GIVE UP YOUR RIGHT TO

59:28 - GO TO TRIAL IN ALL THESE CASES

59:30 - BECAUSE WE WANT TO ENSURE THAT

59:32 - THE EMPLOYEES ARE PROTECTED.

59:34 - SO IT'S ALMOST LIKE. I

59:36 - UNDERSTAND WHAT YOU'RE SAYING,

59:37 - BUT YOU, BUT IT TURNS THE

59:39 - STATUTE ON ITS HEAD.

59:41 - AND THAT IT'S ALMOST LIKE A

59:42 - PERSONAL INJURY ACTION IS NOW

59:44 - BECOMING IN FOLD IT INTO A

59:46 - WORKERS COMPENSATION. CLAIM

59:49 - AND THE WHOLE STATUTORY SCHEME

59:51 - OF THE WORKERS COMPENSATION.

59:52 - THE STATUE IS TO ENSURE

59:55 - PROTECTION FOR EMPLOYEES, AN

59:57 - EMPLOYEE OR AS HAVE TO GIVE UP

59:59 - A LOT OF RIGHTS

01:00 - 01.550 IN ORDER TO CONDUCT BUSINESS IN

01:00 - 03.470 PENNSYLVANIA CITY TO MAKE SURE

01:00 - 04.730 THAT EMPLOYEES ARE PROTECTED.

01:00 - 06.410 SO WE NOW GOING TO BE LIKE

01:00 - 08.450 SEPARATING WE HAVE A WORKERS

01:00 - 10.280 COMPENSATION ACTION. BUT IT

01:00 - 12.190 ALSO SEEMS TO BE A PERSONAL

01:00 - 14.390 INJURY ACTION WHICH KIND A

01:00 - 16.620 DEFEAT. THE WHOLE PURPOSE OF

01:00 - 18.110 THAT THE WORKERS COMPENSATION

01:00 - 20.450 SYSTEM I DON'T THINK EVERY TIME

01:00 - 22.430 AND I WAS CONCERNED WITH YOU,

01:00 - 23.620 YOU KNOW THE PROCESS THAT WE

01:00 - 25.090 WENT ABOUT TO GET TO WHERE WE

01:00 - 27.780 THE KIND OF SHOWS YOU KNOW IT

01:00 - 29.230 EXACTLY THAT CONCERNED AND THAT

01:00 - 30.620 EMPLOYERS ARE GOING TO BE DRAWN

01:00 - 32.830 IN TO START LITIGATING THESE

01:00 - 34.660 ISSUES THAT THEY HAD TO GIVE

01:00 - 36.820 UP. IN ORDER TO

01:00 - 37.990 HAVE WORKERS COMPENSATION

01:00 - 40.210 INSURANCE AND SO THEY'RE INTO

01:00 - 41.800 QUANDARY OF LIKE WOW THAT WAS

01:00 - 42.810 SPENDING ALL THIS MONEY AND

01:00 - 44.150 LITIGATING ALL THIS WHERE

01:00 - 45.760 WE WERE TOLD THAT WE WERE A LOT

01:00 - 46.800 OF LITIGATE THIS AND WE HAVE

01:00 - 47.880 THAT WORKERS COMPENSATION

01:00 - 50.870 INSURANCE. BUT THE ALTERNATIVE

01:00 - 52.320 I WOULD I WOULD SAY IS TOO FULL

01:00 - 52.960 NUMBER ONE.

01:00 - 55.600 WE CAN'T GO TO THE 3RD PARTY

01:00 - 56.980 CARRIER'S JUST SAY LET'S LIKE

01:00 - 58.760 THIS FOR PAIN AND SUFFERING WE

01:00 - 00.010 HAVE TO HAVE OH

01:01 - 01.890 ABSOLUTELY KNEW THE OTHER THING

01:01 - 04.860 IS AS YOU SAID IT IS INSURANCE

01:01 - 07.460 ESSENTIALLY AND THE EMPLOYEE BY

01:01 - 08.630 GETTING THE PROMPT PAYMENT OF

01:01 - 10.260 WORKERS COMPENSATION BENEFITS

01:01 - 12.100 DOES HAVE THAT BENEFIT AND THEY

01:01 - 14.050 DO GIVE UP SOME. BUT.

01:01 - 16.730 ARTICLE 3 THAT THEY ARE SECOND

01:01 - 18.040 CONSTITUTIONAL PROVISION SAYS

01:01 - 19.920 THAT TOO YOU CAN PASS WORKERS

01:01 - 21.280 COMPENSATION LAWS, BUT YOU

01:01 - 22.230 CAN'T LIMIT OTHER

01:01 - 24.770 LAWS FOR AND SUFFERING OR

01:01 - 26.040 OTHERS DAM ARE CURED YOU'RE

01:01 - 26.960 GETTING YOU'RE GETTING A

01:01 - 28.380 TREMENDOUS BENEFIT YOUR AS WELL

01:01 - 30.950 BECAUSE IF MISTER CAMPER ON THE

01:01 - 32.600 SIDE OF THE ROAD JUST CHANGES

01:01 - 35.500 TIMES PERSONAL CAR, DRIVING ON

01:01 - 37.920 THERE AND HE GOT HIT, HE STUCK

01:01 - 40.320 WITH A $150,000 POLICY

01:01 - 41.200 LIMITS RIGHT.

01:01 - 43.440 >>HE IS USUALLY OUT CARUSO HE'S

01:01 - 44.810 GETTING A TREMENDOUS BENEFIT

01:01 - 46.320 BECAUSE IT'S A WORK-RELATED

01:01 - 48.980 INJURY. AND BECAUSE OF

01:01 - 51.140 THAT YOUR ENCOMPASSING A WHOLE

01:01 - 53.730 LOT MORE AND THERE'S A BALANCE

01:01 - 55.420 AND WE HAVE TO TAKE HERE TO

01:01 - 56.880 ENSURE SOMETHING BEYOND JUST

01:01 - 58.180 THIS CASE BUT THE WHOLE WORKERS

01:01 - 59.770 COMPENSATION SYSTEM. THE

01:01 - 01.330 TAKEOFF OF WHAT JUDGE HIS OWN A

01:02 - 02.720 CAN ADJUST COVE, YOU ARREST

01:02 - 04.210 YOU. SO

01:02 - 07.160 IT SURE SEEMS TO ME THAT THAT'S

01:02 - 08.700 A RATIONAL BASIS BECAUSE WE'RE

01:02 - 09.560 LOOKING AT THIS

01:02 - 12.300 HOLISTICALLY NOT JUST IN THIS

01:02 - 13.950 ONE DISCRETE INSTANCE OF

01:02 - 15.750 UNFAIRNESS WHICH I AGREE

01:02 - 17.190 LOOKING AT THIS ALONE IS A

01:02 - 18.560 PROBLEM IN THE GRAND SCHEME OF

01:02 - 19.160 THINGS.

01:02 - 21.420 THERE IS YOU KNOW THE LAW OF

01:02 - 22.740 UNINTENDED CONSEQUENCES IF YOU

01:02 - 23.480 WILL SO

01:02 - 24.720 THAT THAT'S SOMETHING I THINK

01:02 - 26.100 YOU NEED TO ADDRESS, YEAH I CAN

01:02 - 26.990 APPRECIATE THE JUDGE.

01:02 - 30.060 THERE IS

01:02 - 31.700 THE BENEFIT OF THE SYSTEM TO

01:02 - 33.100 PROTECT HIM AND AS YOU

01:02 - 34.570 MENTIONED THERE WOULD BE THIS

01:02 - 36.400 CAP AND THAT'S IT EASY.

01:02 - 38.520 >>ESSENTIALLY OUT OF LUCK BUT

01:02 - 39.710 FOR THE FACT THAT HE WAS IN THE

01:02 - 41.090 COURSE AND SCOPE OF EMPLOYMENT.

01:02 - 43.170 THE ISSUE

01:02 - 45.790 THOUGH IS IS NARROW WE SUMMIT

01:02 - 47.640 THAT CAN THEY

01:02 - 49.070 CAN THEY RAID THAT PORTION

01:02 - 50.460 THAT'S NOT PAY BUT ONE OF IN

01:02 - 51.810 THE GRAND SCHEME OF THINGS CAN

01:02 - 51.890 AN

01:02 - 54.600 EMPLOYER COLLECT A SPECIES OF

01:02 - 56.140 DAMAGES THAT'S NOT PAYABLE

01:02 - 57.980 UNDER THE ACT. IT IN

01:02 - 59.840 THIS SITUATION AND GOING

01:02 - 01.670 FORWARD THERE'S A DISINCENTIVE

01:03 - 03.080 THAT THAT'S THE 3RD THAT'S THE

01:03 - 04.920 LEGISLATIVE INTENT BEHIND

01:03 - 06.360 SECTOR THERE'S A DISINCENTIVE

01:03 - 08.840 FOR CLAIMANTS TO SUE A 3RD

01:03 - 10.610 PARTY, WHEN THEY KNOW THAT

01:03 - 12.410 THEIR ENTIRE HEALTH, THE ENTIRE

01:03 - 13.310 3RD PARTY SETTLEMENT.

01:03 - 15.920 IT'S GOING TO BE TAKING IT'S

01:03 - 16.890 LIMITED BY THE INSURANCE

01:03 - 17.960 COVERAGE BECAUSE.

01:03 - 19.720 >>IF YOU'VE GOT THE WHOLE KIT

01:03 - 21.930 AND CABOODLE WHOLE ONE 0.9

01:03 - 23.740 MILLION IF THERE WERE FUNDS TO

01:03 - 25.350 SUPPORT THAT WE WOULDN'T BE

01:03 - 26.240 HERE RIGHT.

01:03 - 27.710 >>WE WOULD STILL BE HERE

01:03 - 29.370 BECAUSE OF MISTER CAMP. IT'S

01:03 - 30.630 STILL COLLECTING COM.

01:03 - 32.510 THAT'S GOING. THE ABOUT

01:03 - 33.560 RECOVERY AND THAT'S JUST GOING

01:03 - 35.070 TO KEEP EXHAUSTING EXHAUSTING

01:03 - 36.120 ITS IT TREATED AS A QUOTE

01:03 - 37.960 UNQUOTE THE FANS CAME SO WE'RE

01:03 - 39.570 WE'RE STILL GET THERE. THANK

01:03 - 40.600 YOU AND I THANK YOU FOR

01:03 - 41.830 ALLOWING ME TO GO FOR MY TIME,

01:03 - 42.500 THANK YOU.

01:03 - 45.770 >>BUT YOU DON'T HAVE REPUBLIC

01:03 - 46.790 VERY WELL ONE MINUTE.

01:03 - 50.310 >>WARNING HONORS DAVID COOMBS

01:03 - 51.830 FOR THEY RESPONDED THE HARD FOR

01:03 - 52.980 THE WORKERS COMPENSATION

01:03 - 54.040 SEGREGATION, THE HOLDER.

01:03 - 56.900 THE

01:03 - 58.360 WHOLE ARGUMENT HERE JUST

01:03 - 59.660 DOESN'T DOESN'T MAKE SENSE OF

01:03 - 01.470 WHERE WE'RE DOING THAT THE.

01:04 - 03.690 THE FACTS THAT

01:04 - 05.500 ARE LIMITING THE PLAINTIFF

01:04 - 07.240 CLAIMANT FROM RECOVERING THE

01:04 - 08.920 1.9 BILLION TO NOTHING TO DO

01:04 - 10.130 WITH WORKERS COMPENSATION IT

01:04 - 10.420 HAS TO

01:04 - 12.840 DO IT. LIABILITY AND INSURANCE

01:04 - 14.020 COVERAGE OF THE 3RD PARTY

01:04 - 15.510 DEFENDANTS. WE DON'T HAVE A

01:04 - 17.160 DETERMINATION HERE THAT THERE

01:04 - 18.850 WAS ANY LIABILITY WHICH HAD A

01:04 - 20.810 SETTLEMENT FOR A $150,000.

01:04 - 22.800 IF WE'RE TO LEGISLATE FROM THE

01:04 - 24.330 BENCH TODAY AND SAY THAT

01:04 - 25.930 CERTAIN PARTS OF A 3RD PARTY.

01:04 - 29.020 WE ARE NOT AVAILABLE

01:04 - 30.310 TO WORKERS COMPENSATION MEAN

01:04 - 31.400 THAT I'M GOING TO BE

01:04 - 32.660 INTERVENING IN EVERY SINGLE

01:04 - 34.400 CASE OF MY WORKERS COMPENSATION

01:04 - 35.700 LIENS WE'RE GOING TO HAVE

01:04 - 38.200 TRIALS ON THE APPORTIONMENT OF

01:04 - 38.780 DAMAGES

01:04 - 42.240 >>EVERY SO YOU WANT IT DO I

01:04 - 44.710 UNDERSTAND YOU COULD THE SAME.

01:04 - 48.470 >>THERE WAS NEVER.

01:04 - 51.030 AND IF YOU TICK ATION

01:04 - 54.050 OF LIABILITY BY THE MOTOR OF

01:04 - 55.510 THE HIT THE CLAIMANT.

01:04 - 01.100 ALL THE TIME SHOW.

01:05 - 03.240 >>WHAT WHAT WHAT I'M SAYING IS

01:05 - 04.900 THE ONLY THING THAT THEY ARE

01:05 - 07.090 WHY WHY WOULD THE MOTORIST.

01:05 - 10.790 >>YOU KNOW, MOTOR VEHICLE

01:05 - 12.760 INSURANCE COMPANIES. BOTH

01:05 - 13.590 PONY UP.

01:05 - 14.690 >>WELL, HERE'S WHY THEY'RE

01:05 - 16.540 LOOKING AT A POTENTIAL RECOVERY

01:05 - 17.740 OR POTENTIAL BIRD

01:05 - 18.930 1.9 MILLION.

01:05 - 21.370 >>YOU'RE SAYING WITH IT THAT

01:05 - 22.980 RISK AND THERE HAS TO BE UNDER

01:05 - 24.870 AN ADJUDICATION OF LIABILITY

01:05 - 26.600 BEFORE WEAVING START DOWN THE

01:05 - 28.520 ROAD OF CONSIDERING CLAIMANTS

01:05 - 30.580 ARE CONSTITUTIONAL ARGUMENT.

01:05 - 38.100 SO THAT THE

01:05 - 39.300 FLAW HAHA.

01:05 - 41.370 >>THAT'S THE MAIN ALSO IT IS

01:05 - 42.800 NOT A TAKING I MEAN IT'S IT'S

01:05 - 44.080 IF YOU TAKE IF YOU

01:05 - 46.450 OWE MONEY. IF THERE'S A LIEN ON

01:05 - 47.750 ON HER RECOVERY

01:05 - 49.550 AND THEN YOU GET A RECOVERY YOU

01:05 - 51.420 HAVE TO PAY THE LIEN HAVE TO

01:05 - 53.010 PAY THE LOAN,

01:05 - 53.560 IT'S NOT.

01:05 - 56.780 >>WELL LIKE I SAY WHAT THE WHAT

01:05 - 58.270 THE CLIMATE IS SAYING THEY'RE

01:05 - 00.200 THEY THEY AGREE THAT THE

01:06 - 01.280 EMPLOYER GETS

01:06 - 03.810 ALENE AND GETS A RECOVERY.

01:06 - 05.310 THE QUESTION IS SHOULD IT BE

01:06 - 06.290 PROPORTIONAL.

01:06 - 10.280 TRUE THE TOTAL AMOUNT OF

01:06 - 11.300 DAMAGES AS

01:06 - 14.130 OPPOSED TO YOU GET PAID FIRST

01:06 - 17.870 UP TO A 100% AND THEN WE ONLY

01:06 - 18.660 WHERE THE

01:06 - 21.550 CLAIMANT IS LUCKY ENOUGH TO

01:06 - 23.300 HAVE A DEEP POCKET BE THE

01:06 - 25.500 PERFECT YOUR VIEW EVEN GET TO

01:06 - 25.970 THE PAIN

01:06 - 28.040 AND SUFFERING. THE PROBLEM WITH

01:06 - 29.070 THAT ARGUMENT IS TWOFOLD THE

01:06 - 31.410 FIRST IS THE MEDICAL AND WAGE

01:06 - 32.580 BENEFITS IN THE.

01:06 - 35.030 >>DAMAGES IN THE 3RD PARTY CASE

01:06 - 36.930 EXCEED THE RECOVERY.

01:06 - 40.050 WORKERS COMPENSATION PAYMENTS

01:06 - 41.370 OF MEDICAL AND WAGE BENEFITS

01:06 - 43.600 EXCEEDED THE $150,000 WAS

01:06 - 44.510 RECOVERED AND THE 3RD PART

01:06 - 47.070 OKAY, SO IT'S NOT LIKE. THERE

01:06 - 48.450 WOULD NOT BE A DOUBLE RECOVERY

01:06 - 51.510 HERE. WE GOT A $150,000 PLUS

01:06 - 52.420 FOR WORKERS COMP

01:06 - 54.760 AND IT'S GETTING $150,000 PLUS

01:06 - 55.450 FROM THE THIRD-PARTY

01:06 - 55.990 SETTLEMENT.

01:06 - 58.310 >>BUT HE WAS ENTITLED ACCORDING

01:06 - 00.540 TO THE TRIAL COURT TO 1.5

01:07 - 03.450 MILLION IN PAIN AND SUFFERING.

01:07 - 06.560 FOR DISFIGUREMENT NONE OF WHICH

01:07 - 09.230 WILL BE COMPENSATED POOL,

01:07 - 10.870 YOU'LL NEVER REAL-LIFE SEE IT

01:07 - 12.380 IN IN A IN A WORLD WHERE THERE

01:07 - 13.990 WAS ADEQUATE INSURANCE AND

01:07 - 14.890 THERE WAS A DETERMINATION OF

01:07 - 16.180 LIABILITY HE WOULD HAVE

01:07 - 17.790 RECOVERED 1.9 MILLION.

01:07 - 20.000 >>BUT THERE WAS NOT

01:07 - 21.670 THAT EDUCATION AND IT WAS NOT

01:07 - 22.900 THAT INSURANCE DID YOU RAISE

01:07 - 24.430 THAT ISSUE WITH THE CROWN COURT

01:07 - 26.630 THAT THIS WAS JUST AN IF IVORY

01:07 - 28.780 OPINION BECAUSE LIABILITY

01:07 - 29.850 HADN'T BEEN DETERMINED.

01:07 - 31.460 YES, THERE'S THAT THAT'S THAT'S

01:07 - 32.930 HIS WHOLE ARGUMENT IS IS I MEAN

01:07 - 34.570 THE PROBLEM IS THE WORKERS

01:07 - 35.450 COMPENSATION.

01:07 - 37.940 >>A SEPARATE NATION LEAD IS

01:07 - 39.490 CALCULATED BASED ON THE ACTUAL

01:07 - 41.080 RECOVERY NOT BASED ON SOME

01:07 - 41.800 IMAGINED OR

01:07 - 44.110 HOPED FOR RECOVERY EFFORT BY

01:07 - 45.920 THE CASE HE DID NOT RECOVER 1.9

01:07 - 48.090 MILLION. WE'VE GOT 250 OF THE

01:07 - 50.360 STATUTE. WHAT IS VERY CLEAR.

01:07 - 52.330 HOW THE CALCULATIONS ARE DONE I

01:07 - 53.340 THINK IT'S REALLY TWISTING THE

01:07 - 54.350 STATUTE TO SAY

01:07 - 56.820 EXTENT THESE THE KINDS OF

01:07 - 58.480 RECOVERIES AND THIRD-PARTY CASE

01:07 - 00.320 WHAT DOES TO THE EXTENT MEAN

01:08 - 01.920 THE AMOUNT.

01:08 - 05.570 >>BEING MADE

01:08 - 06.330 WHOLE HERE.

01:08 - 07.970 >>WITH THE PAIN SUFFERING AND

01:08 - 09.350 THE DAMAGE USED YOU'RE SAYING I

01:08 - 10.780 THINK THE EMPLOYERS NOT GETTING

01:08 - 11.710 A WINDFALL.

01:08 - 14.490 >>IF YOU GET THE TOTAL

01:08 - 16.200 EXPENDITURES BUT YOU'RE DIPPING

01:08 - 19.050 INTO OTHER TYPES OF DAMAGES

01:08 - 20.360 WHICH YOU WOULDN'T HAVE COVERED

01:08 - 22.010 AS THE EMPLOYER, CORRECT.

01:08 - 24.660 WE'RE NOT DOING SUFFERING

01:08 - 26.410 WILL YOU OR IF IT'S AN AWARD

01:08 - 28.150 INCLUDES CAN SUFFERING YOU'RE

01:08 - 29.350 TAKING A PART OF IT YOU'RE

01:08 - 29.720 DIPPING

01:08 - 32.910 INTO IT. YOU YOU'RE ENTITLED TO

01:08 - 35.990 RE COUP. WHAT YOU PAIN YOU ONLY

01:08 - 37.990 PAY ON CERTAIN TYPES OF DAMAGES

01:08 - 39.650 AS I UNDERSTAND THEIR POSITION

01:08 - 41.490 IS THAT WHEN YOU'RE GOING INTO

01:08 - 43.360 THE OTHER TYPES OF DAMAGES AND

01:08 - 45.190 BEANS EVERY. THE CLAIM IS NEVER

01:08 - 46.110 MADE WHOLE.

01:08 - 49.650 THE CLAIM IS IS A HOLE IN THE

01:08 - 51.850 30 INJURIES PARTY. HE'S NEVER

01:08 - 53.130 MADE A HOLE IF THEIR BUDDY

01:08 - 54.250 CASE, THEY'RE THEY'RE TRYING.

01:08 - 55.630 THEY'RE CLAIMING DAMAGES BUT

01:08 - 56.880 YOU NEVER MADE WHOLE

01:08 - 58.470 THEY SETTLE OR THEY THEY THEY

01:08 - 59.870 THEY ARGUE FOR LIABILITY, IT'S

01:08 - 01.280 NOT LIKE WILL THEY USE A SHUNT

01:09 - 03.090 SOMETHING PAIN AND SUFFERING IN

01:09 - 04.110 HERE I DON'T THINK THEY'VE BEEN

01:09 - 06.270 ABLE TO RECEIVE ANYTHING

01:09 - 08.830 BECAUSE OF THIS DISPUTE TO END.

01:09 - 11.510 EMPLOYERS ATTEMPT TO TAKE.

01:09 - 15.500 MODES FOR DAMAGES THAT THEY

01:09 - 17.540 WHICH THEY DID NOT PAY.

01:09 - 24.220 IT'S REALLY SUMS IT DAMAGES

01:09 - 25.860 THE RECOVERY OF A 100% PAIN AND

01:09 - 26.470 SUFFERING AND

01:09 - 27.410 NOTHING ELSE.

01:09 - 28.790 >>THEN THAT WOULD BE AN

01:09 - 30.080 ARGUMENT I STILL THINK THE

01:09 - 31.630 STATUTE IS CLEAR IT DOESN'T

01:09 - 33.220 DISTINGUISH BETWEEN DIFFERENT

01:09 - 34.580 TYPES OF RECOVERIES.

01:09 - 37.490 2 THEY ARE SAYING TO ME IS

01:09 - 38.790 OFFERING THE EMPLOYER WOULDN'T

01:09 - 40.040 GO THE MONEY.

01:09 - 42.840 >>ANY ANY RECOVERY

01:09 - 44.290 BY THE 3RD BY THE BY THE

01:09 - 45.220 CLAIMANT IN THE 3RD BUDDY

01:09 - 46.640 ACTION WOULD BE SUBJECT TO

01:09 - 47.510 WORKERS COMPENSATION

01:09 - 48.640 SEGREGATION RIGHTS.

01:09 - 49.590 >>THERE'S NOTHING IN THE

01:09 - 50.790 STATUTE THAT THAT

01:09 - 52.840 IDENTIFIES DIFFERENT KINDS

01:09 - 54.390 OF RECOVERY TO AGREE WITH THAT

01:09 - 56.420 I WANT TO UNDERSTAND WHEN YOU

01:09 - 57.800 HAVE JUST SAID THAT.

01:09 - 59.590 >>IT THE WHOLE AMOUNT WAS PAIN

01:09 - 01.370 AND SUFFERING THE EMPLOYER

01:10 - 03.740 WE'RE NOT LOOKING TO STEP TO

01:10 - 04.960 TAKE THAT MONEY, YOU KNOW THEY

01:10 - 06.690 THEY WOULD BE ABSOLUTELY WHAT

01:10 - 08.230 ARE THE STATUE WOULD RUN IN AND

01:10 - 09.260 THE CALCULATION WOULD BE THE

01:10 - 10.520 SAME IT'S JUST IT'S SIMPLY THE

01:10 - 11.830 AMOUNT OF RECOVERING THAT THEIR

01:10 - 13.800 PARTY CASE COULD YOU ADDRESS

01:10 - 16.140 THE SUBSTANTIVE DUE PROCESS

01:10 - 17.810 ARGUMENT. GOOD.

01:10 - 20.770 >>I MEAN AWAY.

01:10 - 23.050 WE WE KNOW AT THE RATIONAL

01:10 - 24.500 REASON ENOUGH TO PREVENT A FULL

01:10 - 27.790 RECOVERY AND NOT ALLOW THE

01:10 - 29.410 COURT FEES OR TO ESCAPE

01:10 - 32.650 NOT REQUIRE THE EMPLOYER TO PAY

01:10 - 34.320 OUT MONEY FOR SOMEBODY ELSE'S

01:10 - 34.960 WRONGDOING.

01:10 - 38.820 COULD YOU ARE DRESSED FROM OF

01:10 - 40.040 THE ARGUMENTS THAT ARE MADE BY

01:10 - 41.650 CLAIMING A LITTLE HIGH THAT

01:10 - 42.410 DOESN'T WORK.

01:10 - 48.650 >>I MEAN I MEAN THE PROBLEM IS

01:10 - 50.490 IT'S THE.

01:10 - 52.660 THERE IS NO TAKING I MEAN IT'S

01:10 - 53.830 IT'S WELL THAT THE.

01:10 - 55.810 >>THE DOUBLE RECOVERY HERE

01:10 - 57.910 DOESN'T HAPPEN. ACCORDING TO

01:10 - 59.360 THE CLAIMANT BECAUSE HE NEVER

01:10 - 02.430 GETS ANYTHING PAIN AND

01:11 - 03.690 SUFFERING WHAT I MEAN THE

01:11 - 04.730 DOUBLE RECOVERY.

01:11 - 06.270 >>APPLY SPECIFICALLY IN THIS

01:11 - 08.050 CASE BECAUSE THE 3RD PARTY.

01:11 - 11.970 DAMAGES ARE LESS. ARE ACTUALLY

01:11 - 12.750 LESS THAN.

01:11 - 15.760 >>IT IS THEY'RE THEY'RE NOT

01:11 - 18.030 OKAY IT THE RECOVERY IN

01:11 - 19.620 THE RECOVERY IS LESS THAN THE

01:11 - 21.440 MEDICAL IN WAYS THAT MY CLIENT

01:11 - 21.770 PAID

01:11 - 25.030 THE CLAIMANT MY QUESTION IS

01:11 - 26.940 MORE THAN A 150,000 MEDICAL

01:11 - 28.010 WAGE TWICE

01:11 - 29.950 AS MUCH. YES, I MEAN IT'S A

01:11 - 32.980 LITTLE OVER 301,000. THE

01:11 - 35.570 EMPLOYER HAS PAID WHEN THE HALF

01:11 - 35.640 A

01:11 - 38.490 CLAIMANT RIGHT. YES AND AND

01:11 - 40.510 WHAT DID THE COURT HOLD.

01:11 - 42.400 WE'RE THE AMOUNT OF THE

01:11 - 44.800 1.9 ATTRIBUTED TO

01:11 - 51.860 THE DETERMINATION OF A DAMAGES

01:11 - 52.020 IF

01:11 - 53.820 THERE WERE LIABILITY AND 3RD

01:11 - 54.900 PARTY INSURANCE WOULD BE

01:11 - 58.250 178,000 MEDICAL 99,000 LOST

01:11 - 00.880 WAGES. THAT MORE THAN A

01:12 - 01.740 150.

01:12 - 03.790 SO WE PAID MUCH MORE THAN THE

01:12 - 05.740 RECOVERY IN MEDICAL AGE.

01:12 - 17.120 SO WHY SHOULD WE NOT INTERPRET

01:12 - 18.220 TO THE EXTENT.

01:12 - 21.480 OF COMPENSATION

01:12 - 22.890 PAYABLE UNDER THIS ARTICLE BY

01:12 - 24.850 THE EMPLOYER HAS REGARDING THE

01:12 - 26.220 NATURE OF THE BENEFITS OF THE

01:12 - 28.160 SPECIES OF BENEFITS PAID OUT.

01:12 - 31.950 >>I I JUST I THINK THAT'S THE

01:12 - 33.130 TWISTING OF THE TERMS OF

01:12 - 33.960 THERE'S THERE'S THERE'S

01:12 - 38.150 >>COURT DECISIONS THAT THAT USE

01:12 - 40.870 THAT PHRASE TO MEAN TYPES OF

01:12 - 42.520 RECOVERY RATHER THAN AMOUNT.

01:12 - 47.560 AND IT'S BEEN CONSISTENTLY

01:12 - 49.030 INTERPRET IT. IT HAS BEEN

01:12 - 50.710 EXPLICITLY ADDRESSED. BUT THE

01:12 - 51.900 COURSE OF CONSISTENTLY

01:12 - 53.760 DETERMINED AND CALCULATED

01:12 - 55.100 BELIEVE ME I DON'T THINK IT'S

01:12 - 57.180 EXPLICITLY ADDRESSED SO.

01:12 - 59.150 HERE TODAY.

01:13 - 02.110 I I I JUST DON'T THINK IT MAKES

01:13 - 03.480 SENSE. I MEAN IT THERE'S

01:13 - 04.790 NOTHING MORE I CAN SAY ON THAT.

01:13 - 07.410 >>COULD YOU ADDRESS THE

01:13 - 09.620 PRACTICAL CONCERNS THAT THE

01:13 - 11.100 COURTS BEEN TALKING ABOUT

01:13 - 11.780 THIS MORNING.

01:13 - 14.530 >>ABSOLUTELY WE LET US THAT IF

01:13 - 15.610 WE LEGISLATE FROM THE BENCH

01:13 - 16.950 TODAY AND DETERMINED THAT PAIN

01:13 - 18.210 AND SUFFERING IS OFF.

01:13 - 22.190 THE WORKERS COMPENSATION

01:13 - 24.270 SUBJUGATION LIEN HOLDER CAN NOT

01:13 - 26.100 TAKE ANY OF THE.

01:13 - 29.840 RECOVERY DUE TO PAIN AND

01:13 - 31.900 SUFFERING BEEN I'VE BEEN

01:13 - 33.020 WORKERS COMPENSATION LIEN

01:13 - 35.140 HOLDERS. I DON'T KNOW.

01:13 - 36.800 INTERVIEW THAT EVERY SINGLE

01:13 - 38.760 SETTLEMENT EVERY SINGLE CIVIL

01:13 - 39.620 SETTLEMENT THAT INCLUDES

01:13 - 41.180 WORKERS COMPOSITION MEAN AND

01:13 - 42.490 WE'RE GOING TO GO TO TRIAL ON

01:13 - 44.570 ISSUES LIKE LIABILITY ON ISSUES

01:13 - 47.000 LIKE A A ALLEGATION OF DAMAGES.

01:13 - 49.560 THEY'RE NOT GOING TO ABLE TO

01:13 - 50.690 SETTLE ANY CASES.

01:13 - 56.380 THIRD-PARTY COURT CASE WHERE

01:13 - 57.480 THERE'S A WORKERS COMPENSATION

01:13 - 57.720 LEE.

01:13 - 02.060 THAT WOULD BE MY EVERY SINGLE

01:14 - 02.870 CASE LIKE THAT.

01:14 - 10.430 I MEAN WE'VE DONE THAT ISSUES

01:14 - 12.670 WHERE THERE'S A ALLEGATION OF

01:14 - 13.540 SOCIAL CASES.

01:14 - 17.440 THAT'S THE CASE IS GOING TO BE

01:14 - 18.180 BEFORE YOUR SON.

01:14 - 20.990 >>MAYBE YOU SHOULD ADDRESS THAT

01:14 - 21.870 I MEAN.

01:14 - 24.570 OUT OF THE SQUARE WITH THE CASE

01:14 - 26.360 LAW ON LOSS OF CONTRITION.

01:14 - 29.010 >>HE'S LIKE A LOSS

01:14 - 31.920 OF THE DAR DECISION SAYS THAT

01:14 - 33.600 WE CAN FILE OF THE WORKERS

01:14 - 34.930 COMPENSATION LEGAL TO CAN FILE

01:14 - 35.530 A MOTION

01:14 - 37.630 TO ADDRESS WHETHER SHIN AND IT

01:14 - 39.100 IS ON THE 3RD PARTY,

01:14 - 40.970 PLAINTIFF'S SIDE WHERE THEY TRY

01:14 - 43.280 TO ALLOCATE A SETTLEMENT.

01:14 - 45.750 UNREALISTICALLY TO THE TO THE

01:14 - 47.210 SPOUSES CAN SORT OF PLAYING.

01:14 - 49.950 THAT'S A DIFFERENT SITUATION

01:14 - 50.940 THERE WERE NO SHENANIGANS

01:14 - 51.830 HERE TOO.

01:14 - 54.220 >>ALL RIGHT, BUT IS THAT REALLY

01:14 - 55.780 WHAT OUR WHOLE 3RD OF THAT

01:14 - 57.290 ACTUALLY HOLD THAT LOSS OF

01:14 - 59.810 CONSORTIUM OF NOT SUBJECT 2.

01:15 - 03.110 ALINA UNDER 3 PER 3.19.

01:15 - 05.170 BECAUSE IT'S NOT SOMETHING.

01:15 - 07.130 PAYABLE UNDER

01:15 - 11.190 >>DESPERATE TO DO

01:15 - 13.290 THE DECISION DID STATE THAT IF

01:15 - 14.860 THERE ARE SHENANIGANS IN IN

01:15 - 16.970 THAT SITUATION THE EMPLOYER HAS

01:15 - 19.030 THE RIGHT TO FILE A MOTION TO

01:15 - 20.190 ADDRESS THE SHENANIGANS.

01:15 - 22.530 >>AND YOUR PHYSICIAN IF THERE

01:15 - 24.690 WILL BE SHENANIGANS BECAUSE ANY

01:15 - 26.990 AND THAT

01:15 - 28.590 YOU'RE NOT INVOLVED

01:15 - 30.430 IN WOULD BE NEGOTIATED IN THE

01:15 - 31.960 WAY SAID THAT THE DEN THE

01:15 - 34.480 PAYOUT IS LABELED AS BEING

01:15 - 37.060 SOMETHING THAT'S NOT TABLE BACK

01:15 - 38.480 TO THE WORKERS COUNSELOR.

01:15 - 40.720 >>I THINK THE PROBLEM IS THE

01:15 - 42.310 THE EMPLOYER, THE WORKERS

01:15 - 43.500 COMPENSATION LABELED WITH

01:15 - 44.680 SPECIAL MANNEQUINS IN EVERY

01:15 - 46.120 SINGLE CASE IT WOULD INTERVENE

01:15 - 47.840 AND TAKE EACH CASE TO TRIAL.

01:15 - 48.170 SO THAT

01:15 - 50.010 WE CAN WE CAN ADDRESS ISSUES

01:15 - 51.480 LIKE LIABILITY ADDRESS ISSUES

01:15 - 52.780 LIKE ABORTION AND DAMAGES.

01:15 - 55.590 >>THEN YOU JUST DO THIS OR

01:15 - 56.690 AIDED THE WHOLE PURPOSE OF THE

01:15 - 58.420 WORKERS COMPENSATION SYSTEM.

01:16 - 04.780 WHY DOES NOT WANT TO SPEND

01:16 - 05.630 MONEY DOING THAT.

01:16 - 11.060 AND TO THE COST OF THE WORKERS

01:16 - 13.030 COMPENSATION SYSTEM IN THE END.

01:16 - 13.800 ALL RIGHT.

01:16 - 22.060 DOES NOT APPEAR THAT ANY MORE

01:16 - 23.370 QUESTIONS IF YOU'D LIKE TO MAKE

01:16 - 25.470 CONCLUDING REMARKS. MAKE IT

01:16 - 26.750 THAT'S ALL I HAVE ALL RIGHT,

01:16 - 27.280 THANK YOU.

01:16 - 38.990 DO HAVE.

01:16 - 41.430 >>OH I YEAH, I'M SORRY I

01:16 - 43.090 MISUNDERSTOOD YOUR NO NO I

01:16 - 43.990 THOUGHT YOU DID HAVE

01:16 - 48.730 VERY QUICKLY I DON'T THINK THIS

01:16 - 49.120 IS GOING TO

01:16 - 51.020 THE RACE TO THE COURTHOUSE

01:16 - 52.560 WHERE WORKERS COMES HAPPEN

01:16 - 54.820 REMEMBER WORKERS COMP HIS IS

01:16 - 56.150 NOT BASED ON FAULT.

01:16 - 57.960 AND NOW THEY WANT TO TURN INTO

01:16 - 59.030 SOMETHING WELL WE HAVE TO

01:16 - 00.010 DETERMINE FALL.

01:17 - 02.300 FIRST OF ALL IN THIS CASE THEY

01:17 - 03.420 WERE THE TABLE THERE WAS A

01:17 - 05.190 DETERMINATION A LIABILITY

01:17 - 06.620 CARRIERS OFFERED THEIR LIMITS.

01:17 - 08.640 IF THERE WAS NO FAULT BELIEVE

01:17 - 10.230 ME. THEY WANT TO OFFER THEIR

01:17 - 12.080 LIMITS. SO

01:17 - 13.380 THAT'S THAT'S A SPECIOUS

01:17 - 14.780 ARGUMENT OTHER SUMMIT SAYING

01:17 - 15.840 ABOUT YOU HAVE TO DETERMINE

01:17 - 17.360 FAULT IS YOU HAVE TO DETERMINE

01:17 - 19.290 THE AMOUNT OF EACH

01:17 - 20.540 DAMAGE

01:17 - 23.490 THAT YEAR. SEEKING AND MY

01:17 - 25.170 CONCERN IS THAT YOU ARE THEN

01:17 - 27.150 GOING TO BE LITIGATING ALL OF

01:17 - 28.730 THESE CASES WHICH IS

01:17 - 30.760 CONTRARY TO THE INTENTION OF

01:17 - 32.510 THE WORKERS COMPENSATION SYSTEM

01:17 - 34.510 YOU ARE BUT IF THE STATUTES

01:17 - 36.530 RULED UNCONSTITUTIONAL AND THE

01:17 - 38.090 LEGISLATURE CRAFTS, A STATUE

01:17 - 40.320 LIKE MEDICARE LIKE DHS WHERE

01:17 - 41.520 THERE'S A FORMULA IN THERE TO

01:17 - 43.610 DETERMINE IT'S EASY WHATEVER

01:17 - 44.380 THE FORMULA

01:17 - 45.520 FOR MEDICARE.

01:17 - 49.180 >>DRY I KNOW I CAN'T PUT IT

01:17 - 50.010 DOWN BUT THE BALL

01:17 - 52.170 LIKE THAT. IT'S IT'S MATTHEW

01:17 - 53.540 WAS NOT ALMOST LIKE A 3RD A 3RD

01:17 - 54.470 A 3RD THERE'S A THERE'S A

01:17 - 56.620 PORTION THAT THAT GOES TO

01:17 - 58.690 WHAT'S RECOVERED. A CERTAIN

01:17 - 59.340 AMOUNT THEN

01:17 - 02.000 IS IS SUBTRACTED THE NEW

01:18 - 03.810 PERSON, THE PLAINTIFFS RETAINS

01:18 - 05.490 THAT MEDICARE GETS A CERTAIN

01:18 - 06.410 PORTION OF THE COSTS ARE

01:18 - 07.140 PROVIDED FOR.

01:18 - 09.170 >>THE MAYOR ASKING US TO SAY

01:18 - 10.620 IT'S UNCONSTITUTIONAL. SO

01:18 - 10.810 THEY'LL

01:18 - 13.090 DO THAT, YES, YEAH SO SO THERE

01:18 - 14.060 IS NO LEGISLATION FROM THE

01:18 - 15.050 BENCH RIGHT.

01:18 - 16.690 >>I APPRECIATE THE COURT'S TIME

01:18 - 17.790 THANK YOU THANK YOU.

01:18 - 30.000 NEXT ON THE LIST AT NUMBER 41,

01:18 - 32.730 HOWEVER THAT CASE IS UNDER SEAL

01:18 - 35.290 AND IT WILL BE TAKEN LAST THIS

01:18 - 35.750 MORNING.

01:18 - 38.760 AND SAID WE WILL NEXT HEAR

01:18 - 42.280 NUMBER 42, WHICH IS THOMAS

01:18 - 44.280 BOWL FIRST COMMONWEALTH OF

01:18 - 46.650 PENNSYLVANIA. DEPARTMENT OF

01:18 - 49.450 TRANSPORTATION BUREAU OF DRIVER

01:18 - 50.160 LICENSING.

01:18 - 53.080 PENNSYLVANIA

01:18 - 54.910 DEPARTMENT OF TRANSPORTATION

01:18 - 56.080 APPEALS AN ORDER OF THE

01:18 - 57.600 CUMBERLAND COUNTY COURT OF

01:18 - 59.600 COMMON PLEAS. WE'RE VERSION

01:18 - 01.680 PENNDOT DECISION TO SUSPEND THE

01:19 - 03.900 DRIVER'S LICENSE OF A LICENSEE

01:19 - 06.400 THOMAS POLLS FOR A PERIOD OF 18

01:19 - 08.740 MONTHS BASED ON HIS REFUSAL

01:19 - 11.120 JUST SUBMIT TO A CHEMICAL TEST

01:19 - 14.110 FOR INTOXICATION IN JANUARY OF

01:19 - 15.010 2020.

01:19 - 17.490 AN OFFICER FOUND LICENSEE AND

01:19 - 19.200 HIS VEHICLE LEGALLY PARK

01:19 - 20.990 IN A PARKING LOT JUST OUTSIDE A

01:19 - 23.070 RESTAURANT AND BAR WHERE HE HAD

01:19 - 23.850 BEEN DRINKING

01:19 - 26.130 THE ENGINE WAS RUNNING AND WIFE

01:19 - 27.860 AND SHE WAS PASSED OUT BEHIND

01:19 - 29.370 THE WHEEL. OBVIOUSLY

01:19 - 31.580 INTOXICATED THE TRIAL COURT

01:19 - 32.690 FOUND THAT THERE WAS NO

01:19 - 34.440 INDICATION THAT LICENSEE HAD

01:19 - 36.360 CONTROL THE MOVEMENT OF HIS

01:19 - 38.300 VEHICLE THAT EVENING WHILE

01:19 - 40.800 INTOXICATED THE COURT FOUND

01:19 - 41.900 THAT AFTER DRINKING AT THE

01:19 - 43.800 RESTAURANT LIFE AND TO TURN ON

01:19 - 44.820 HIS VEHICLE.

01:19 - 47.860 AND WENT TO SLEEP NOTING THAT

01:19 - 48.190 IT WAS A

01:19 - 50.280 WINTER EVENING. WE'RE RELYING

01:19 - 52.340 ON THIS COURT DECISION AND FALL

01:19 - 53.660 MONTH VERSUS DEPARTMENT OF

01:19 - 55.610 TRANSPORTATION. THE TRIAL COURT

01:19 - 56.480 HELD THAT THE

01:19 - 58.710 ARRESTING OFFICER DID NOT HAVE

01:19 - 00.280 REASONABLE CAUSE TO BELIEVE

01:20 - 01.240 THAT LICENSEE

01:20 - 04.190 HAVE THEM DRIVING OPERATING ARE

01:20 - 05.720 CONTROLLING THE MOVEMENT OF HIS

01:20 - 07.040 VEHICLE WHILE UNDER THE

01:20 - 07.620 INFLUENCE

01:20 - 10.320 OF ALCOHOL. PENNDOT CONTENDS

01:20 - 11.620 THAT THE TRIAL COURT ERRED

01:20 - 13.310 ALTHOUGH THE OFFICER DID NOT

01:20 - 14.810 BELIEVE THE WIFE AND SHE HAVE

01:20 - 16.230 MOVED THE VEHICLE AFTER HE

01:20 - 18.360 WOULD DRINKING THE OFFICER HAD

01:20 - 20.080 REASONABLE GROUNDS TO BELIEVE

01:20 - 20.380 THAT HE

01:20 - 22.670 WAS IN PHYSICAL CONTROL OF THE

01:20 - 23.970 MOVEMENT OF THE VEHICLE

01:20 - 26.760 WHILE INTOXICATED PENNDOT POINT

01:20 - 27.990 OUT THAT THE KEY WAS IN THE

01:20 - 29.700 IGNITION, THE ENGINE RUNNING

01:20 - 30.980 AND THE HEAD LIKE TIME

01:20 - 33.170 BECAUSE LICENSEE HAVE THE

01:20 - 34.670 ABILITY TO PUT THE VEHICLE IN

01:20 - 36.490 MOTION. HE WAS IN PHYSICAL

01:20 - 38.030 CONTROL OF THE MOVEMENT OF

01:20 - 40.430 THE VEHICLE. AFTER FALL IN THIS

01:20 - 42.050 COURT ISSUED AN UN REPORT A

01:20 - 43.820 DECISION HAMBRIGHT VERSUS

01:20 - 45.480 DEPARTMENT OF TRANSPORTATION,

01:20 - 47.840 WHAT DESCRIBE ALL SOLOMON AS AN

01:20 - 48.450 OUTLIER

01:20 - 51.300 IT CONCLUDED THAT THE OFFICER

01:20 - 52.830 AN OFFICER HAS REASONABLE

01:20 - 54.740 GROUNDS TO MAKE A DUI ARREST

01:20 - 57.250 WHERE THE LICENSEES KEY IS IN

01:20 - 58.790 THE IGNITION AND THE ENGINE IS

01:20 - 59.200 RUNNING.

01:21 - 01.620 THE TRIAL COURT REJECTED

01:21 - 03.600 HAMBRIGHT AND FOLLOWED PSALM.

01:21 - 07.330 THIS MATTER WAS LISTED

01:21 - 08.570 FOR ARGUMENT TO CONSIDER

01:21 - 09.780 WHETHER THE TRIAL COURT

01:21 - 11.340 DECISION COULD BE REVERSED

01:21 - 13.340 WITHOUT OVERRULING TO PALM

01:21 - 14.790 WHETHER THIS COURT SHOULD

01:21 - 16.170 FOLLOW HIS DECISION AND

01:21 - 17.540 HAMBRIGHT AND WHETHER THE

01:21 - 19.910 DETERMINATION OF CONTROL OVER

01:21 - 21.460 THE MOVEMENT OF THE VEHICLE IS

01:21 - 23.450 THE FACTUAL OR LEGAL QUESTION

01:21 - 25.200 AND WITH THAT WE

01:21 - 27.290 WILL CALL THE DEPARTMENT OF

01:21 - 28.270 TRANSPORTATION.

01:21 - 32.760 >>GOOD MORNING.

01:21 - 34.340 PRESIDENT JUDGE YOU'RE THE LOVE

01:21 - 35.670 IT. AND JUDGES OF THE

01:21 - 36.450 COMMONWEALTH COURT

01:21 - 38.430 OF PENNSYLVANIA. MAY IT PLEASE

01:21 - 40.130 THE COURT AND PARENTS AND THAT

01:21 - 42.840 WORKS OFFICE OF GENERAL COUNSEL

01:21 - 43.970 REPRESENTING THE COMMONWEALTH

01:21 - 45.590 OF PENNSYLVANIA DEPARTMENT OF

01:21 - 47.280 TRANSPORTATION BUREAU OF DRIVER

01:21 - 49.580 LICENSING. I'VE BEEN WAITING

01:21 - 50.930 FOR THIS CASE FROM 20 YEARS.

01:21 - 53.470 THIS IS THE FIRST CASE I CAN

01:21 - 55.400 EVER RECALL WHERE A POLICE

01:21 - 57.150 OFFICER TESTIFIED TRUTHFULLY

01:21 - 59.080 INCREDIBLY THAT WHEN HE

01:21 - 01.190 ARRESTED THE DRIVER WHO WAS IN

01:22 - 02.680 A VEHICLE. THAT

01:22 - 04.530 WAS PART THE ENGINE RUNNING

01:22 - 06.030 LIGHTS ON AND THE DRIVER WAS

01:22 - 09.490 DRUNK THAT THE OFFICER BELIEVED

01:22 - 12.400 THE LICENSEE WE TOLD THEM.

01:22 - 14.220 I WAS IN FOR

01:22 - 16.580 MANDY BROTHERS. THAT'S A LITTLE

01:22 - 17.390 BIT TOUGHER

01:22 - 20.560 CONNECTION THERE. HAD TOO MUCH

01:22 - 22.470 TO DRINK CAME OUT AND GOT MY

01:22 - 24.120 PICKUP TRUCK DURING THE ENGINE

01:22 - 26.080 ON FROM LIGHTS ON. I WANTED TO

01:22 - 26.390 SLEEP

01:22 - 29.470 IT OFF. IN THE CART BEFORE THE

01:22 - 30.390 HORSE BECAUSE.

01:22 - 32.300 >>WHY ISN'T THE ISSUE WHETHER

01:22 - 33.820 OR NOT THERE IS MOVEMENT ON THE

01:22 - 35.810 VEHICLE USING TO CONTROL THE

01:22 - 37.840 VEHICLE AND MY SECOND QUESTION

01:22 - 39.770 IS GOING TO BE IT APPEARS THAT

01:22 - 41.670 A NUMBER OF THESE CASES THE THE

01:22 - 43.070 DRIVER WAS SLUMPED

01:22 - 45.660 OVER THE STEERING WHEEL AND IS

01:22 - 47.430 THAT A DEFINITIVE FACTOR TO BE

01:22 - 49.160 CONSIDERED THOUGHT THAT IS NOT

01:22 - 51.000 PART OF BEING IN THE DRIVER'S

01:22 - 51.390 SEAT.

01:22 - 53.970 >>WITH THE ENGINE RUNNING WITH

01:22 - 55.800 THE LIGHTS ON THE ABILITY TO

01:22 - 56.240 MOVE

01:22 - 58.990 THE VEHICLE. THERE'S A NOT

01:22 - 00.310 CITED IN OUR BRIEF

01:23 - 00.870 COMMONWEALTH,

01:23 - 02.790 THE BOWLING THE PENNSYLVANIA

01:23 - 04.680 SUPREME COURT NOW IT IS QUARTER

01:23 - 06.110 AND CITED IN THE BETTER CASE

01:23 - 08.120 WHICH WAS CITED A BRIEF AND

01:23 - 09.460 WHICH THE SUPREME COURT FOR A

01:23 - 12.890 SUPREME COURT. FOUND THAT A

01:23 - 15.350 JURY INSTRUCTION THAT INDICATED

01:23 - 16.520 THAT IT WAS ENOUGH

01:23 - 18.380 FOR A PERSON TO SIMPLY BE

01:23 - 19.870 DROPPED AND SITTING IN THE

01:23 - 21.630 DRIVER'S SEAT THAT THAT WAS

01:23 - 22.790 SUFFICIENT FOR THERE TO BE

01:23 - 24.500 ACTUAL PHYSICAL CONTROL THE

01:23 - 25.520 MOVEMENT OF THE VEHICLE.

01:23 - 27.900 THAT'S WHAT WE HAVE HERE.

01:23 - 30.920 THE REASON THAT I I SAID THIS

01:23 - 32.240 I'VE BEEN WAITING FOR THIS CASE

01:23 - 32.560 AGAIN

01:23 - 36.480 IS BECAUSE BOTH THE DUI STATUE

01:23 - 38.530 AND THE IMPLIED CONSENT STATUE

01:23 - 39.760 REQUIRE

01:23 - 43.150 THAT FOR FOR DUI PERSON BE

01:23 - 44.430 DRIVING

01:23 - 47.190 OPERATING OR AN ACTUAL PHYSICAL

01:23 - 48.540 CONTROL THE MOVEMENT OF THE

01:23 - 49.730 VEHICLE. THERE ARE

01:23 - 52.030 3 SEPARATE TERMS. AND IT MUST

01:23 - 53.190 BE PRESUMED AND THE RULES OF

01:23 - 55.220 STATUTORY CONSTRUCTION, THE

01:23 - 56.970 GENERAL ASSEMBLY INTENDED

01:23 - 59.010 THAT EACH OF THOSE TERMS TO

01:23 - 00.470 TELL YOU'RE SAYING THAT SOMEONE

01:24 - 01.160 CAN BE.

01:24 - 03.730 >>CONNECTED OF DRIVING UNDER

01:24 - 04.630 THE INFLUENCE.

01:24 - 08.260 EVEN THOUGH THERE'S NO EVIDENCE

01:24 - 09.860 THAT THEY OPERATED THE VEHICLE

01:24 - 12.690 ON FOR THAT IS CORRECTION YOUR

01:24 - 14.550 ARE A YEAR OR SO.

01:24 - 17.110 THE PERSON THAT WE'RE DEALING

01:24 - 18.050 WITH ALTHOUGH WE'RE ONLY

01:24 - 20.570 DEALING WHETHER OR NOT WHO

01:24 - 22.590 WAS REQUIRED TO SUBMIT TO A

01:24 - 25.850 CHEMICAL TEST. HE UNDER YOUR

01:24 - 27.700 THEORY OF WHAT.

01:24 - 31.050 CONTROL OVER THE MOVEMENT OF

01:24 - 32.580 THE VEHICLE MEAN IS THAT THERE

01:24 - 33.530 HAVE THERE DOESN'T

01:24 - 36.130 HAVE TO BE MOVEMENT IN ORDER

01:24 - 38.220 FOR THE THE OPERATOR OF THE

01:24 - 39.710 LICENSEE TO BE CONVICTED

01:24 - 40.460 OF DUI.

01:24 - 42.640 >>YEAH YOU'RE ARE WELL, I'M NOT

01:24 - 44.260 AN EXPERT ON CRIMINAL LAW.

01:24 - 47.960 HOWEVER. THERE WHICH IS OUR

01:24 - 50.470 CASE WHICH IS THE REFUSAL CASE

01:24 - 52.230 THE SUPREME COURT REFERENCE

01:24 - 55.130 ROLAND SAID. IN FOOTNOTE FOR AS

01:24 - 57.340 I RECALL THE ELEMENTS OF

01:24 - 59.770 PROOF FOR DO YOU WHY AND FOR

01:24 - 03.110 THE REFUSAL AS FAR AS DRIVING

01:25 - 05.780 BEING ACTUAL PHYSICAL CONTROL

01:25 - 07.320 OF THE MOVEMENT OF THE VEHICLE

01:25 - 09.130 ARE THE SAME. SO.

01:25 - 10.950 >>YEAH, ALTHOUGH THE SUPREME

01:25 - 13.210 HANNER ALSO SAID

01:25 - 14.840 THAT THE OFFICER HAS TO HAVE

01:25 - 16.600 GROUNDS TO BELIEVE THE LICENSEE

01:25 - 18.540 WAS OPERATING THE VEHICLE WHILE

01:25 - 20.170 UNDER THAT IS THAT IN THAT CASE

01:25 - 22.150 YOU'RE ON THE OKAY TO THE COURT

01:25 - 24.020 SITES FOR OTHER CASES.

01:25 - 26.920 FINANCE COMMITTEE WHICH WAS

01:25 - 30.700 CITED TO THE TRIAL COURT PAGE

01:25 - 32.780 AND POINTS CAN BE AND IN ALL 4

01:25 - 35.500 CASES THERE WASN'T ANY EVIDENCE

01:25 - 36.690 THAT THE VEHICLE ACTUALLY

01:25 - 38.390 BEEN MOVED FOREIGNERS THE

01:25 - 40.300 LEADING CASE IN THIS INSTANCE

01:25 - 41.700 AND FROM THERE IS A GO.

01:25 - 45.370 1985 DECISION FROM THIS COURT

01:25 - 46.930 AND WHICH THE COURT FOR THE

01:25 - 48.900 FIRST TIME CONSTRUED

01:25 - 51.540 THE ACTIVE DECEMBER 15TH,

01:25 - 55.370 1982 NUMBER 2.89 FEEL

01:25 - 58.400 1268 SECTION 9 WHICH ADDED

01:25 - 01.610 THE WORDS OPERATE OR BE ACTUAL

01:26 - 03.450 PHYSICAL CONTROL OF THE COVID

01:26 - 06.570 OF 2 A PERSON SHOT ON DRIVE ANY

01:26 - 07.590 VEHICLE WHILE

01:26 - 09.350 UNDER THE INFLUENCE WHAT MY

01:26 - 11.680 CONCERN IS IN EVEN IN YOUR ONE

01:26 - 12.960 OF YOUR INITIAL STATEMENTS WHEN

01:26 - 13.080 YOU

01:26 - 13.900 SAID THAT.

01:26 - 15.680 >>BECAUSE HE WAS SITTING IN THE

01:26 - 17.030 DRIVER'S SEAT, THE CAR WAS

01:26 - 18.990 RUNNING THE LIGHTS ARE ON THAT

01:26 - 20.930 HE HAD THE ABILITY

01:26 - 22.410 TO MOVE

01:26 - 25.180 THAT AUTOMOBILE. AND MY MY

01:26 - 27.610 CONCERN IS BECAUSE WE HAVE THE

01:26 - 30.210 ABILITY DOESN'T MEAN YOU THAT

01:26 - 32.560 HE ACTUALLY DID. AND MY

01:26 - 33.980 FOLLOW-UP QUESTION IS WOULD BE

01:26 - 36.220 DIFFERENT. IF THE INDIVIDUAL

01:26 - 38.770 WAS COLD. WELL FOR A REASON ONE

01:26 - 40.600 OF THE CAR ON TURN THE CAR ON

01:26 - 42.240 AND THEN SAT IN THE BACK SEAT

01:26 - 44.350 OR SAT IN THE PASSENGER SEAT

01:26 - 47.080 WOULD THERE BE THE SAME RESULT

01:26 - 48.610 AS WE HAVE HERE THERE WOULD NOT

01:26 - 50.550 GROW AGAIN REFERENCING WARREN.

01:26 - 52.120 IT WAS A

01:26 - 53.550 CASE INVOLVING JURY

01:26 - 55.900 INSTRUCTIONS FOR DUI MISTER

01:26 - 56.160 WILL

01:26 - 59.650 WAS CONVICTED. QUESTION IT GOT

01:26 - 01.530 TO THE SUPREME COURT WAS THIS

01:27 - 02.700 ISSUE ACTUAL

01:27 - 05.660 PHYSICAL CONTROL. THE TRIAL

01:27 - 07.110 JUDGE IN WARREN CASE.

01:27 - 08.930 SPECIFICALLY SAID THE PERSON

01:27 - 11.300 WAS SAYING IN THE BACK SEAT FOR

01:27 - 13.160 SO YESTERDAY IN THE BACK SEAT

01:27 - 15.100 WITHOUT THE ACTUAL PHYSICAL

01:27 - 16.980 CONTROL WAS IN THE PASSENGER

01:27 - 18.310 SEAT WITHOUT THE ACTUAL

01:27 - 21.590 PHYSICAL CONTROL. AND THE JURY

01:27 - 23.320 CONVICTED MISTER ALL APPARENTLY

01:27 - 25.090 BECAUSE IT WAS SATISFIED THAT

01:27 - 26.780 HE WAS IN THE DRIVER'S SEAT,

01:27 - 28.910 AND HE WAS A POSITION TO

01:27 - 30.170 CONTROL MOVE THAT WOULD

01:27 - 31.980 SATISFIED. THE NEW STATUE.

01:27 - 33.800 >>SO WHY ADD THEIR ABILITY BUT

01:27 - 35.440 HE WASN'T ACTUALLY DOING IT AND

01:27 - 36.820 I GUESS SECT THAT IS WHERE THE

01:27 - 37.630 RUB COMES.

01:27 - 40.280 >>AND WAS THERE EVIDENCE IN

01:27 - 41.730 THAT CASE THAT HE HAD.

01:27 - 43.640 ANOTHER WORD VERY OFTEN WHEN

01:27 - 44.810 YOU FIND SOMEONE BEHIND THE

01:27 - 47.210 DRIVERS WILL. AND THEIR FLEET

01:27 - 48.980 BANK FROM AND IN THE RUNNING IT

01:27 - 50.170 BECAUSE THEY DROVE THERE.

01:27 - 53.230 IN AND THEN TALKS OKAY TO DATE.

01:27 - 56.270 AND THAT THAT THAT'S.

01:27 - 59.270 THE QUESTION WE'RE DEALING WITH

01:27 - 02.150 JUST 08:00AM FROM US FROM THE

01:28 - 03.150 STANDPOINT OF

01:28 - 04.770 PUBLIC POLICY.

01:28 - 06.880 >>DON'T YOU WANT PEOPLE WHO

01:28 - 08.680 HAVE TOO MUCH TO DRINK IN A BAR

01:28 - 09.740 WATCHING A GAME.

01:28 - 12.910 2 AGO IN THEIR CAR AND FLEE BUT

01:28 - 14.820 OFF BEFORE THEY ARE DRIVING THE

01:28 - 17.400 >>I DON'T WANT TO GET MYSELF

01:28 - 20.090 PERSONALLY UPSET. I PUT IT IN

01:28 - 22.270 THAT RESTAURANT, I'VE TAKEN MY

01:28 - 23.990 WIFE, MY CHILDREN,

01:28 - 25.640 COUPLE MY GRANDCHILDREN INTO

01:28 - 26.490 THAT RESTAURANT

01:28 - 29.140 AT NIGHT. AND FOR SOMEONE TO BE

01:28 - 30.710 SITTING IN THAT PARKING

01:28 - 33.750 LOT DROPPED AND PASSED OUT IN A

01:28 - 35.340 POSITION WHERE THAT BACK OF A

01:28 - 37.530 DISORDERLY CONDUCT. MY QUESTION

01:28 - 37.870 IS.

01:28 - 40.470 >>FROM A POLICY STANDPOINT AND

01:28 - 41.450 NOT APPLY TO GET

01:28 - 44.090 IT I UNDERSTAND YOUR POINT YOU

01:28 - 45.050 DON'T WANT CHILDREN TO BE

01:28 - 47.670 WALKING A PARKED VEHICLE WITH

01:28 - 49.380 SOMEONE AND TO THEIR OWN.

01:28 - 50.720 BUT THAT'S NOT WHAT WE'RE

01:28 - 51.960 DEALING WITH WE'RE DRILLING

01:28 - 53.530 WITH DRIVING UNDER THE

01:28 - 54.550 INFLUENCE AND THE

01:28 - 56.840 QUESTION IS FROM A POLICY

01:28 - 58.800 STANDPOINT ISN'T IT PREFERABLE

01:28 - 00.530 THAT PEOPLE SIT IN THEIR CAR.

01:29 - 01.570 BUT IN THE SUMMER THEY DON'T

01:29 - 02.180 HAVE TO TURN THE

01:29 - 05.960 ENGINE ON. AND AND SLEEP BEFORE

01:29 - 07.860 THEY ARE SLEEPING OFF BEFORE

01:29 - 08.810 THEY START DRIVING.

01:29 - 10.760 >>WELL FIRST OF ALL IF THEY'RE

01:29 - 12.430 GOING TO GET IN THE CAR THAT

01:29 - 13.880 REALLY INJURED ON THEY SHOULD

01:29 - 15.130 BE SITTING IN THE DRIVER'S SEAT

01:29 - 16.610 BECAUSE THAT PERMITS THE

01:29 - 18.810 PERSON. IT STARTED FOR INSTANCE

01:29 - 19.140 WHICH COULD

01:29 - 21.560 HAPPEN HERE WHERE MISTER BOLTON

01:29 - 23.500 OF WHAT HAPPENED SAID QUOTE PUT

01:29 - 26.350 IT IN REVERSE ALL OUT AND WHO

01:29 - 27.430 KNOWS WHAT WOULD HAPPEN.

01:29 - 30.050 THE POLICY HERE HAS TO THE THAT

01:29 - 31.460 A PERSON CANNOT SIT IN THE

01:29 - 33.970 DRIVER'S SEAT. ALL RIGHT SO

01:29 - 35.380 YEAR FOR YOUR.

01:29 - 37.850 >>POSITION AS YOU'RE DRIVING

01:29 - 39.680 UNDER THE INFLUENCE WHETHER OR

01:29 - 41.820 NOT THERE IS ANY EVIDENCE AND

01:29 - 43.330 THE TRIAL COURT DOESN'T BELIEVE

01:29 - 44.040 AND THAT WAS THAT

01:29 - 46.210 THE PROBLEM. WE HAVE HERE THE

01:29 - 47.630 TRIAL COURT COULD NOT BELIEVE

01:29 - 48.970 THAT HE OPERATED THE VEHICLE

01:29 - 50.890 UNDER THE INFLUENCE MERRILY SAT

01:29 - 53.500 BEHIND THE WHEEL. WHAT THE

01:29 - 55.010 ENGINE RUNNING. WHAT YOU'RE

01:29 - 56.910 SAYING AS LONG AS THAT.

01:29 - 00.250 INDIVIDUAL THAT LIFE AND SHE IS

01:30 - 01.760 SEATED SOMEWHERE ELSE IN THE

01:30 - 02.950 CAR. THEY CAN'T

01:30 - 04.560 BE CONDUCTED. BUT IF THEY ARE

01:30 - 06.050 SEATED BEHIND THE WHEEL THAT

01:30 - 07.040 CAN BE CONVINCED.

01:30 - 10.250 YES RIGHT. IN A SITUATION WHERE

01:30 - 11.890 HE SEE BEHIND THE WHEEL.

01:30 - 14.380 >>THE KEYS ARE IN THE MISSION

01:30 - 16.170 WAS IT'S NO CAR. WE DON'T HAVE

01:30 - 16.410 THEM.

01:30 - 18.600 >>PUSH TO BREAK IN THE OTHER

01:30 - 19.980 WHICH IS ALSO ANOTHER ISSUE,

01:30 - 21.290 BUT THE CAR IS NOT RUNNING.

01:30 - 23.420 WHAT IS THE NEW VARIANT HE

01:30 - 24.650 SITTING IN THE DRIVER'S SEAT.

01:30 - 27.030 IT'S SUMMER THE WINDOWS DOWN.

01:30 - 29.860 DOES HE STILL HAVE THE ABILITY

01:30 - 32.690 OR NO BECAUSE THE ENGINES

01:30 - 33.260 NOT ON.

01:30 - 34.630 >>WHEN YOU ARE ATTACKED JUST

01:30 - 36.020 QUOTE SOMETHING FROM FOREIGNER

01:30 - 37.900 AND THIS COURT ADDRESSES.

01:30 - 39.210 THIS

01:30 - 42.630 WE'RE SHORT REGARD TO WHAT THE

01:30 - 44.110 TRIAL COURT AND THIS COURT

01:30 - 45.900 CANNOT AGREE WITH THE TRIAL

01:30 - 47.610 COURT'S INCLUSION THAT THE

01:30 - 49.440 APPLICANT TO PRODUCE SECTION

01:30 - 51.560 REQUIRES PROOF THAT THE VEHICLE

01:30 - 53.960 WAS IN MOTION. EITHER BY

01:30 - 56.060 DIRECT EVIDENCE WHY EVIDENCE

01:30 - 57.310 SUPPORTING A DIFFERENCE

01:30 - 59.100 WHICH THE TRIAL JUDGE FROM NOT

01:30 - 00.670 TO BE PRESIDENT WHICH WE HAVE

01:31 - 02.890 HERE THAT'S SUCH LICENSE LEE

01:31 - 04.750 HAD PREVIOUSLY HAVE THE VEHICLE

01:31 - 06.290 AND GO TO THAT'S THAT'S

01:31 - 07.780 COURT'S DECISION.

01:31 - 09.050 >>WE SAY PREVIOUS THE MOST

01:31 - 09.960 THINGS I THINK SOME OF THESE

01:31 - 13.590 CASES YOU HAVE THE LICENSEE

01:31 - 14.040 THAT THEY

01:31 - 16.220 SO LOOKS LIKE THEY'VE DRIVEN

01:31 - 17.490 THEY THERE IN THE PARKING

01:31 - 20.370 PLACE. WELL BANGLE. AND I THINK

01:31 - 22.150 WHEN THE FACTS HERE IS THAT IT

01:31 - 23.770 APPEARED THAT HE HAD NOT DRIVEN

01:31 - 25.670 BECAUSE IT WAS PART WITHIN

01:31 - 27.480 THE LINES. RIGHT RIGHT THAT'S

01:31 - 27.980 CORRECT.

01:31 - 30.120 >>SO IN THAT IN THAT CASE THAT

01:31 - 33.510 ITS COVID IS FURNER SIDE AREN'T

01:31 - 34.780 ISN'T WHAT YOU'RE ASKING US TO

01:31 - 36.630 DO REALLY IS TO IGNORE THE

01:31 - 38.470 ACTUAL LANGUAGE OF THE STATUTE

01:31 - 38.630 WE

01:31 - 41.050 HAVE THAT OR THAT THERE'S

01:31 - 42.330 REASONABLE GROUNDS TO BELIEVE

01:31 - 43.870 THE LICENSEE TO TO HAVE BEEN

01:31 - 46.060 DRIVING OPERATING OR ACTUAL THE

01:31 - 46.380 LAST

01:31 - 48.140 PART BEING WE'RE IN ACTUAL

01:31 - 49.770 PHYSICAL CONTROL OF THE

01:31 - 51.040 MOVEMENT OF THE VEHICLE DOESN'T

01:31 - 52.490 SAY OF THE POTENTIAL MOVEMENT

01:31 - 53.620 OF THE BILL DOESN'T SAY OF THE

01:31 - 54.910 FUTURE MOVEMENT OF

01:31 - 55.660 THE VEHICLE.

01:31 - 57.590 >>SUPPLIES THAT THERE HAS TO BE

01:31 - 58.150 CONTROL

01:31 - 59.240 OVER MOVEMENT.

01:31 - 01.480 >>ACTION FAR AS YOUR HONOR AS A

01:32 - 03.410 FOREIGNER. THE COURT THAT

01:32 - 06.120 CONSTRUE THIS ACTUAL PHYSICAL

01:32 - 08.090 CONTROL TEAM CLUE. BOTH THE

01:32 - 10.340 ABILITY TO MOVE IT AND WHERE

01:32 - 12.110 THE PERSON ALREADY HAVE THE

01:32 - 13.910 ONE OF THE PROBLEMS WITH ALL

01:32 - 15.860 THESE CASES AND AGAIN WHAT I'VE

01:32 - 16.430 BEEN WAITING FOR

01:32 - 18.890 THIS ONE IS OFTEN THE DECISIONS

01:32 - 19.610 BOTH REPORTED

01:32 - 21.670 AND UNREPORTED ALTHOUGH WE HAVE

01:32 - 23.370 3 TERMS OF DRIVING WE HAVE

01:32 - 24.710 OPERATING WE HAVE ACTUAL

01:32 - 25.780 PHYSICAL CONTROL OF

01:32 - 28.460 THE VEHICLE. THE COURT WILL SAY

01:32 - 30.040 OK THIS PERSON WAS RIDING IN

01:32 - 32.180 A PARADE. THIS PERSON WITH

01:32 - 33.150 OPERATING AN ACTUAL

01:32 - 34.860 PHYSICAL CONTROL, THERE'S A

01:32 - 36.190 GOOD CASE BALL WHILE YOU WERE

01:32 - 37.370 SUSPENDED AND I DON'T HAVE THE

01:32 - 39.360 SITE FOR WHERE THE COURT THIS

01:32 - 40.410 COURT THINK LOU.

01:32 - 42.420 ALTHOUGH WHAT THE STUDIO THERE

01:32 - 43.700 WASN'T ANY MOVEMENT

01:32 - 46.550 MISTER RILEY VO OPERATING AND

01:32 - 48.300 WAS AN ACTUAL PHYSICAL CONTROL.

01:32 - 50.440 PART OF THE PROBLEM EVEN PREPS

01:32 - 51.830 BIG PART OF THE PROBLEM IS

01:32 - 53.600 THERE'S 3 TERMS. THERE'S

01:32 - 55.750 DRIVING. THERE'S OPERATING.

01:32 - 57.630 THERE'S ACTUAL PHYSICAL CONTROL

01:32 - 59.750 OF THE MOVING SO MISTER WAS

01:32 - 01.460 WHAT YOU'RE WHAT YOU'RE GETTING

01:33 - 03.640 AT HERE IS ACTUAL PHYSICAL BUT

01:33 - 04.480 CONTROL IS.

01:33 - 06.560 >>READY TO DRIVE TO TAKE STEPS

01:33 - 08.570 TO BE READY TO DRIVE. ENGINE

01:33 - 10.330 RUNNING IS RATED RIGHT SEE THE

01:33 - 11.730 DRIVER SEAT RIGHT TO DRIVE.

01:33 - 14.490 PASTOR SEE NOT READ RIGHT

01:33 - 16.020 BACKSEAT NOT READY TO DRIVE

01:33 - 17.280 THAT'S WHERE YOUR GUIDING US

01:33 - 18.490 HERE YOU KNOW WE'RE HOPING

01:33 - 19.920 THAT'S CORRECT OKAY AND I

01:33 - 22.200 THINK WHAT MY COLLEAGUES ARE

01:33 - 24.990 FOCUSED ON HERE AND PRESIDENT

01:33 - 27.050 JUDGE MERIT TO LOVE IT.

01:33 - 28.760 I THINK SHE'S LOOKING FOR A

01:33 - 30.160 SAFE HARBOR FOR SOME WHO JUST

01:33 - 31.840 WANTS TO SLEEP IT OFF PER SE

01:33 - 34.470 KNOW THAT A LITTLE BIT SITTING

01:33 - 37.670 IN THE FRONT ENGINE ON BUT

01:33 - 39.970 DRIVER RECLINED YOU'RE NOT

01:33 - 41.050 READY TO DRIVE THERE

01:33 - 42.330 IS THAT IN CONTROL IN YOUR

01:33 - 44.370 SERIES YES THAT IS GOING TO

01:33 - 47.630 POSITION LET'S SAY HE LIST THIS

01:33 - 49.560 SO THAT'S EVEN WORSE YOU YOU

01:33 - 51.130 CAN'T DRIVE LIKE THIS REALLY

01:33 - 52.500 THE WAY IF YOU WAIT YOUR TRUNK.

01:33 - 54.660 >>I HAVE THAT ON OCCASION

01:33 - 58.680 RARELY INTOXICATED AND.

01:33 - 00.110 I WOULD MAKE THAT

01:34 - 05.140 ADMISSION MY WIFE AND SON WILL

01:34 - 06.430 THIS STOP. YEAH, I WANT TO

01:34 - 09.730 GO THERE. IN THAT SITUATION

01:34 - 11.660 THAT'S EVEN WORSE. HE'S LIKE

01:34 - 12.200 THIS. HE

01:34 - 15.850 WAKES UP HE STARTLED THE SQ

01:34 - 17.500 LONG THOSE LINES IS YOUR.

01:34 - 19.190 >>AND DURING THE JUDGE WILL

01:34 - 21.380 JAKE'S QUESTION. WE'RE IN THE

01:34 - 24.800 FRONT SEAT LIKE THIS

01:34 - 27.660 SITUATION HAS THE CARS RUNNING

01:34 - 29.230 ANY VARIATION SLUMPED OVER THE

01:34 - 30.530 WHEEL. BUT.

01:34 - 33.260 THERE WAS A REMOTE CONTROL

01:34 - 36.650 KEY FOB WHICH WAS STARTED BY

01:34 - 39.120 SOMEONE ELSE. AND THE CAR WILL

01:34 - 41.140 STILL RUN IF YOU'RE IN IT AND

01:34 - 42.820 YOU DON'T HAVE THE KEY FOBS AND

01:34 - 44.290 SOMEONE TOOK THE KEY FOB

01:34 - 45.790 BUT NOW THE PERSON STILL

01:34 - 46.830 SITTING IN THE CAR. THE

01:34 - 48.310 INTOXICATED PERSON STILL IN THE

01:34 - 48.930 DRIVER'S SEAT

01:34 - 51.230 SLUMPED OVER THEY NOT RATION

01:34 - 52.540 CONTROLLER DO WE SAY OH NO

01:34 - 54.720 BECAUSE WHAT YOU CAN'T DRIVE

01:34 - 56.540 THE CAR ONCE THE KEY FOB LEAVES

01:34 - 57.090 THE CAR.

01:34 - 59.720 >>WELL IF THE IF THE PERSON IS

01:34 - 00.930 IN THE IN THE CAR IN THE

01:35 - 01.760 DRIVER'S SEAT.

01:35 - 04.820 >>GOING BACK THEY SUPPORTED

01:35 - 07.070 DRIVE THE CAR. IT'S A KEY FOB

01:35 - 08.670 IS REMOVED, BUT EVERYTHING ELSE

01:35 - 10.290 CAN BE RUNNING IN THE CAR.

01:35 - 11.650 I HAVE AN OLD.

01:35 - 14.070 COURT I'VE GOT TO CATCH UP

01:35 - 17.060 WITH DO NOW WHAT ABOUT THE

01:35 - 18.300 05:00AM ASKING YOU KNOW YOU

01:35 - 20.330 CANNOT DRIVE THE CAR TO KEY FOB

01:35 - 21.620 IS OUTSIDE THE CAR.

01:35 - 22.930 BUT THE CAR CAN BE ON AND

01:35 - 24.320 RUNNING HE CAN BE SLUMPED OVER

01:35 - 25.330 AN INTOXICATED.

01:35 - 28.360 >>SO IS IT THE KEY IS THAT THE

01:35 - 29.880 FACT THAT THE IGNITION IS ON

01:35 - 30.810 AND THE KEYS IN

01:35 - 33.140 THE IGNITION AS OPPOSED TO YOU

01:35 - 34.920 CAN'T DRIVE THE CAR IF THE KEY

01:35 - 37.090 FOB IS OUTSIDE OF THE CAR, YOU

01:35 - 38.360 CANNOT MOVE IN.

01:35 - 41.210 SO THEY YOU

01:35 - 43.030 KNOW THE CARS ON ACCORDING TO

01:35 - 45.070 WHAT YOU SAID THE IGNITION HAS

01:35 - 46.730 BEEN TURN ON THE CARS RUNNING

01:35 - 48.570 THEIR TALKS EASY. BUT THEY

01:35 - 50.830 CAN'T GET ANY PHYSICAL MOVEMENT

01:35 - 52.470 OF THE CREW CARR DO WE DRAW THE

01:35 - 53.340 LINE THERE.

01:35 - 55.750 >>THE IRAQ WITHDRAWAL LINE WITH

01:35 - 57.160 HER SON BEING IN THE DRIVER'S

01:35 - 58.510 SEAT WITH THE ENGINE RUNNING

01:35 - 59.720 EVEN THOUGH I CAN'T MOVE THE

01:35 - 02.740 CAR. FOLLOW QUESTION THAT THE

01:36 - 04.470 SAME YOU KNOW WE DO WANT PEOPLE

01:36 - 05.190 TO.

01:36 - 06.720 >>NOT DRIVE IN.

01:36 - 09.350 IT'S COLD BE IN THEIR CAR

01:36 - 11.170 SOMEPLACE SAFE SOMEPLACE WARM.

01:36 - 12.740 SO THEY GET IN THEIR CAR.

01:36 - 15.570 AND THEY GO TO TURN THE CAR ON

01:36 - 18.760 IS BECAUSE IT'S 15 DEGREES AS

01:36 - 19.790 THEY DO THAT

01:36 - 20.740 AND THEY KNOW THEY'RE GOING TO

01:36 - 22.090 WANT TO GET INTO THE BACK SEAT

01:36 - 23.560 FOR THE DRIVERS, THE PASSENGER

01:36 - 25.880 SEAT, SO THEY'RE NOT HAVING

01:36 - 26.640 THE ABILITY.

01:36 - 28.940 WELL THEY HAVE A DUI BECAUSE

01:36 - 29.760 THEY JUST WENT IN THERE TO

01:36 - 31.660 START THE CAR. HE SAID THE LIKE

01:36 - 33.950 THIS IS SO FINE LINE DO WE NEED

01:36 - 35.420 TO PUT A BROADCAST

01:36 - 37.840 OUT THAT YOU KNOW IT IF YOU'RE

01:36 - 39.420 DRINKING MAKE SURE YOU'RE IN

01:36 - 40.710 THE PASSENGER SEAT OR THE BACK

01:36 - 41.750 SEAT, BUT THEY STILL GOT IN THE

01:36 - 44.030 CAR ON ITS 14 DEGREES. WE DON'T

01:36 - 45.000 WANT TO WE

01:36 - 47.250 ANOTHER PROBLEM.

01:36 - 48.320 >>THAT'S WHERE THE LAW'S

01:36 - 50.100 WRITTEN YOUR OWN WELL IT IN

01:36 - 52.110 A STATEMENT IS THAT HOW THE

01:36 - 54.360 LAW'S WRITTEN IT AS IT GETS

01:36 - 57.110 YOU. THE CRIME IS.

01:36 - 59.360 >>OPERATING

01:36 - 02.210 DRIVING OPERATING OR BEING AN

01:37 - 04.370 ACTUAL PHYSICAL CONTROL OF THE

01:37 - 05.740 MOVEMENT OF THE VEHICLE

01:37 - 07.570 MOVEMENT THIS THAT IS THE ONE

01:37 - 08.370 CONFIDENT.

01:37 - 10.160 >>AND WHEN WE HAVE US

01:37 - 14.160 OF US THAT HAS A SERIES OF THAT

01:37 - 17.190 NATURE WE CAN LAST ITEM IN THAT

01:37 - 18.290 SERIES TO BE

01:37 - 21.420 SIMILAR TO I'M THE FIRST TO

01:37 - 23.180 MAINLY DRIVING AND OPERATING.

01:37 - 26.040 >>WELL THE LET ME ON THE

01:37 - 27.420 OPERATING IF I MAY BE WRONG.

01:37 - 29.490 WE HAVE A RELATIVELY RECENT

01:37 - 31.010 DECISION FROM THE PENNSYLVANIA

01:37 - 33.290 SUPREME COURT WHICH WE CITED IN

01:37 - 35.110 OUR BRIEF VALENTINE VERSUS JUST

01:37 - 37.120 THE WATER AUTHORITY WHERE THE

01:37 - 39.490 SUPREME COURT. ADDRESSING

01:37 - 42.720 THE DEFINITION OPERATION OF

01:37 - 44.860 A VEHICLE IN THE CONTEXT

01:37 - 47.910 JUST THE WATER AUTHORITY

01:37 - 50.640 BEING SUED BECAUSE ONE OF HIS

01:37 - 51.700 TRUCKS OR VEHICLES OF

01:37 - 55.170 THE PART. SOMEONE HIT AND

01:37 - 56.980 KILLED SOMEBODY AND THE SUPREME

01:37 - 58.700 COURT. WE ARE RELYING ON

01:37 - 01.840 JUSTICE NEWMAN'S DISSENT WORD

01:38 - 04.620 PERSONS PRO POOR IT'S A BIG.

01:38 - 07.300 AND THE CONCLUSION THAT

01:38 - 09.670 OPERATION OCCURS WHEN A PERSON

01:38 - 12.820 OPERATES A QUOTING HE MAKES A

01:38 - 14.880 SERIES OF DECISIONS AND

01:38 - 16.740 ACTIONS, TAKEN TOGETHER

01:38 - 18.780 WHICH TRANSPORTS THE INDIVIDUAL

01:38 - 20.750 FROM ONE PLACE TO ANOTHER OUR

01:38 - 22.560 POSITION IS SIMPLY BUT IF A

01:38 - 25.740 PERSON WHO'S BROUGHT. ONCE A

01:38 - 27.800 SLEEP IT OFF COMES OUT AND GETS

01:38 - 29.470 INTO THE DRIVER'S SEAT TURNS

01:38 - 30.380 THE ENGINE ON IT

01:38 - 33.400 THAT'S OPERATION AS FAR AS THE

01:38 - 35.210 DEFINITION OF BEEN CONTAINED IN

01:38 - 37.270 THE DECISION THE OUR OWN

01:38 - 40.610 SUPREME COMING UP WHAT AND SO.

01:38 - 43.310 WATCH AS OTHER QUESTIONS SO OF

01:38 - 44.440 COURSE DOES NOT MEAN THE

01:38 - 46.140 TRANSMISSIONS ENGAGE JUST THE

01:38 - 46.780 ENGINES RUNNING.

01:38 - 49.980 >>WELL AGAIN IT BEING IN A

01:38 - 50.950 POSITION WHERE THE

01:38 - 53.730 VEHICLE AS THE SUPREME COURT

01:38 - 56.510 POINTED OUT MOVED IN THIS CASE

01:38 - 58.770 AND VALENTINE THAT THE VEHICLE

01:38 - 01.590 WAS THE RUNNING. DRIVER WAS A

01:39 - 03.250 GUN IN THE CAR WHEN THE VEHICLE

01:39 - 05.110 I MISS A BEAT TRUMP WASN'T IN

01:39 - 06.570 THE TRUCK, HE WAS IN FRONT

01:39 - 08.550 DOING SOMETHING WITH DRAWN TO

01:39 - 10.140 SOMETHING WELL THE CAR COMES

01:39 - 12.500 ALONG. IT'S IT RUNS OVER A

01:39 - 14.310 WORKER KILLS THEM OUR SUPREME

01:39 - 16.110 COURT SAID THAT'S OPERATION OF

01:39 - 16.820 A VEHICLE

01:39 - 19.000 FOR PURPOSES AFTER BEING IN THE

01:39 - 20.540 GOVERNMENT OR SOMETHING YOU

01:39 - 20.960 OKAY.

01:39 - 24.610 >>ALL RIGHT, THANK YOU I DON'T

01:39 - 26.450 REMEMBER TO DO ON A DARK TIME.

01:39 - 28.730 I THINK IT YOU HAVE IT UP IF

01:39 - 30.050 YOU DON'T THINK ABOUT IT I

01:39 - 31.040 THINK IT WAS THE NATIVE, BUT IF

01:39 - 33.930 I DO APPRECIATE THAT. I'LL GIVE

01:39 - 36.240 YOU ONE MINUTE YOU WHY POLICE

01:39 - 38.590 OR JUDGES. FIRST OF ALL I'M I'M

01:39 - 39.800 HAPPY TO SAY THAT I'M PART OF A

01:39 - 41.060 CAREER DAY FOR MISTER EDWARDS

01:39 - 42.730 WITH THIS CASE, BUT IT WAS THE

01:39 - 43.970 IMPORTANT SO WE HAVE FOR HIM,

01:39 - 44.520 HOWEVER.

01:39 - 46.480 >>NOT TO DOWNPLAY THIS CASE.

01:39 - 48.540 FOR MY CLIENT.

01:39 - 50.190 HOWEVER, IN THE GRAND SCHEME OF

01:39 - 51.440 THINGS I THINK THE ULTIMATE

01:39 - 52.280 RULING IN THIS CASE WILL

01:39 - 53.710 PROBABLY A VERY LITTLE IMPACT

01:39 - 54.840 ON CASES ACROSS THE

01:39 - 56.550 COMMONWEALTH. BEEN DOING

01:39 - 57.860 CRIMINAL OFFENSE NOW FOR TIME

01:39 - 00.190 19 YEARS, I'VE SEEN AND

01:40 - 02.310 DEFENDED HUNDREDS OF DUI CASES

01:40 - 03.500 I COULD PROBABLY COUNT ON ONE

01:40 - 05.400 HAND THE NUMBER OF SITUATIONS

01:40 - 06.830 WHERE I HAVE FACTUAL PATTERNS

01:40 - 07.700 SIMILAR TO THIS

01:40 - 09.530 WHERE AN INDIVIDUAL SLEEPING IN

01:40 - 10.790 FRONT OF A BAR WITH NO

01:40 - 11.400 INDICATION THAT

01:40 - 14.060 HE DROVE. SO REALISTICALLY AND

01:40 - 15.330 WELL I'M NOT SURE THAT THAT THE

01:40 - 16.300 TRIAL COURT FOUND

01:40 - 18.920 HE DIDN'T. WE REJECT THE RIGHT

01:40 - 20.120 WHEN THE SITUATION THEY FOUND

01:40 - 21.580 THAT THERE WASN'T A DRY BUT CAN

01:40 - 24.200 YOU ADDRESS YOUR OPPOSING

01:40 - 25.700 COUNSEL LEFT OFF BECAUSE.

01:40 - 28.410 >>I DO UNDERSTAND AND AGREE

01:40 - 31.280 WITH VALENTINE STATEMENT IS

01:40 - 33.510 VERY BROAD AND WE'RE LEFT WITH

01:40 - 35.060 THAT. SO HOW DO WE DEAL

01:40 - 35.640 WITH IT.

01:40 - 37.700 >>CASE I LOOK AT IT. THIS IS

01:40 - 40.400 KATE CITED IS THE BANNER

01:40 - 41.150 DECISION.

01:40 - 43.910 >>QUOTE SWOLLEN, BUT I WANT TO

01:40 - 45.490 ADDRESS THE SUPREME COURT'S

01:40 - 47.920 DEFINITION AND BALANCING.

01:40 - 50.040 >>OF THE OPERATION OF A VEHICLE

01:40 - 51.310 ON THE FACT THAT A VEHICLE CAN

01:40 - 53.040 BE OPERATED REMOTELY.

01:40 - 54.540 >>WELL EVEN BECAUSE IT WASN'T

01:40 - 56.580 EVEN A DRIVER IN THAT CAR.

01:40 - 58.450 AND THEY SAID BECAUSE WELL

01:40 - 59.920 THERE WAS A TRUCK UTILITY TRUCK

01:40 - 01.900 BECAUSE IT WAS IDLING.

01:41 - 04.970 THEY SAID IT WAS A MOVEMENT.

01:41 - 06.900 WHAT DO WE DO

01:41 - 07.380 WITH THAT.

01:41 - 08.580 >>AND I THINK IF I RECALL

01:41 - 09.750 CORRECTLY VALENTINE THE VEHICLE

01:41 - 11.160 ACTUALLY DID IN FACT MOVE AT

01:41 - 12.700 SOME RIGHT BECAUSE SOMEBODY

01:41 - 14.990 STRUCK THE PARTIAL TRUCK FROM

01:41 - 15.620 BEHIND.

01:41 - 17.230 >>AND I THINK IN THAT SITUATION

01:41 - 18.500 WILL THEN THERE IS AN ARGUMENT

01:41 - 19.590 THAT CAN BE MADE THAT THE

01:41 - 21.310 PERSON WAS ACTUALLY IN CONTROL

01:41 - 23.170 OF THE PHYSICAL MOVEMENT.

01:41 - 25.230 >>THE TERM MOVEMENT BEING THE

01:41 - 26.240 KEY LANGUAGE BECAUSE THE

01:41 - 27.750 VEHICLE DID IN FACT MOVE IN

01:41 - 28.540 THAT SCENARIO.

01:41 - 30.050 >>OKAY SO THAT THAT'S HOW YOU

01:41 - 31.760 DISTINGUISH THAT CASE BECAUSE

01:41 - 33.270 IT ACTUALLY DID MOVIES. I DO

01:41 - 34.760 THINK THE SUPREME COURT FOCUSED

01:41 - 36.350 ON THAT THERE WAS AN ACTUAL

01:41 - 38.360 MOVEMENT HERE. I THINK ONE OF

01:41 - 39.550 THE STATEMENTS WAS THAT IT WAS

01:41 - 41.000 PARKED WITHIN THE LINES SO IT

01:41 - 42.700 DOESN'T APPEAR TO HAVE MOVED

01:41 - 44.000 CORRECT. THANK YOU.

01:41 - 46.190 >>WHEN I LOOK AT THE BANNER

01:41 - 48.650 CASE OF TALKS AND QUOTE WARREN

01:41 - 49.840 WHEN THERE'S A DEFINITION OF

01:41 - 51.540 ACTUALS TO CONTROL

01:41 - 53.060 PART OF THAT IS WAS THERE ARE

01:41 - 54.880 OTHER EVIDENCE INDICATING THAT

01:41 - 56.040 THE MOTORIST HAD DRIVEN THE

01:41 - 57.630 VEHICLE AT SOME POINT PRIOR TO

01:41 - 58.960 THE ARRIVAL OF POLICE

01:41 - 00.620 AND IN THE MAJORITY OF THE

01:42 - 02.380 CASES I DEFENDED THE MAJORITY

01:42 - 03.780 OF LICENSE SUSPENSION APPEALS.

01:42 - 04.980 I HANDLE THERE IS

01:42 - 06.170 EVIDENCE THAT THE PERSON

01:42 - 07.850 ACTUALLY IN FACT DROVE THE

01:42 - 10.240 VEHICLE PRIOR TO THE POLICE

01:42 - 12.110 ARRIVE AND OFTEN THAT IS

01:42 - 14.130 BASED ON THE PHYSICAL LOCATION

01:42 - 15.440 OF THE VEHICLE ALONGSIDE A

01:42 - 18.500 DESERTED HIGHWAY. I THINK IN

01:42 - 19.880 THE GAME ARE CASE BY SOME

01:42 - 22.440 DUMPSTERS BEHIND THE HOTEL AND

01:42 - 23.230 THERE'S DISTINGUISHING

01:42 - 25.000 SITUATIONS WHERE THERE IS A

01:42 - 25.880 SHOWING THAT THE PERSON

01:42 - 26.710 ACTUALLY DROVE

01:42 - 28.850 THAT VEHICLE. IN ADDITION TO

01:42 - 30.260 BEING BEHIND THE WHEEL. I THINK

01:42 - 31.720 THAT'S WHERE THE DISTINGUISHING

01:42 - 33.360 ASPECT OF THIS COMES.

01:42 - 36.220 WE HAVE SOME AREAS OF COMMON

01:42 - 37.820 TALK ABOUT WHERE YOU MAY BE IN

01:42 - 39.220 A DIFFERENT PART OF THE VEHICLE

01:42 - 40.620 SLEEPING IN THE PASSENGER SEAT,

01:42 - 41.710 HOWEVER IT STILL REQUIRE

01:42 - 43.070 SOMEONE TO SIT BY AND WE DON'T

01:42 - 43.930 TURN THAT THAT

01:42 - 45.720 MISSION BEFORE WE'RE MOVING

01:42 - 46.950 THEMSELVES TO A DIFFERENT PART

01:42 - 49.140 OF THE VEHICLE. AND THIS IS THE

01:42 - 51.300 SON AREAS DO NOT FREQUENTLY

01:42 - 53.140 COME UP SUCH AS WHAT HAPPENED

01:42 - 54.450 TO MISTER BO'S CASE

01:42 - 56.220 WHERE THERE IS NO INDICATION HE

01:42 - 57.750 ACTUALLY DROVE THAT VEHICLE AS

01:42 - 59.750 REQUIRED BY THE EXISTING

01:42 - 00.340 CASE LAW.

01:43 - 03.250 >>EXCUSE ME THIS MAN.

01:43 - 05.750 THERE ARE

01:43 - 07.930 3 DIFFERENT THAN THE

01:43 - 09.520 LEGISLATURE COULD HAVE JUST

01:43 - 10.360 SAID DRIVING

01:43 - 12.980 OR OPERATING. BUT THE ALSO

01:43 - 14.860 INCLUDED SOMETHING THAT IS

01:43 - 16.980 DIFFERENT WHICH IS THE ACTUAL

01:43 - 18.320 PHYSICAL CONTROL OF THE

01:43 - 19.150 MOVEMENT OF

01:43 - 22.130 THE VEHICLE. HOW IS YOUR CAN

01:43 - 23.710 YOU GIVE ME AN EXAMPLE

01:43 - 26.680 OF WHERE SOMEONE COULD BE AN

01:43 - 28.350 ACTUAL PHYSICAL CONTROL OF THE

01:43 - 29.760 MOVEMENT OF A VEHICLE WITH

01:43 - 32.270 YOUR DEFINITION. IT IS NOT

01:43 - 34.170 DRIVING OR OPERATING

01:43 - 35.980 THE VEHICLE. THIS IS WHERE TO

01:43 - 38.030 HAVE BEEN DRIVING OR OPERATING

01:43 - 39.170 WHERE THEY HAD PREVIOUSLY BEEN

01:43 - 41.510 DRIVING WILL THE STATUTE SAYS

01:43 - 43.470 TO HAVE BEEN DRIVING

01:43 - 46.720 FOR DRIVING. I'M READING

01:43 - 48.980 WAR IN ACTUAL

01:43 - 50.150 PHYSICAL CONTROL OF THE

01:43 - 51.620 MOVEMENT AND THEN THAT COVERS A

01:43 - 53.010 LOT OF DIFFERENCE IN AREAS.

01:43 - 54.740 >>BECAUSE THERE ARE CERTAIN

01:43 - 56.880 TIMES WERE POLICE PULL SOMEBODY

01:43 - 58.280 OVER AND THEY'RE DRIVING DOWN

01:43 - 59.430 THE ROAD WITH THE VEHICLE

01:43 - 00.480 MOVEMENT THAT'S A CLEAR

01:44 - 02.160 SITUATION BUT I'M ASKING WHAT

01:44 - 04.100 IS DIFFERENT WHAT GIVE ME AN

01:44 - 04.990 EXAMPLE.

01:44 - 09.670 ACTUAL PHYSICAL CONTROL OF THE

01:44 - 11.170 MOVEMENT OF THE VEHICLE.

01:44 - 13.400 >>WHICH WOULD NOT BE

01:44 - 16.880 EITHER HAVING BEEN DRIVING OR

01:44 - 17.870 OPERATING.

01:44 - 20.130 >>WELL AND I THINK

01:44 - 21.860 THE SITUATIONS WHERE I'VE SEEN

01:44 - 23.940 THE ACTUAL PHYSICAL CONTROL ALL

01:44 - 26.500 HINGE ON A SHOWING THAT THEY'RE

01:44 - 28.050 SUPPOSED TO PERSONS ON THE SIDE

01:44 - 30.310 OF THE ROADWAY. WHERE.

01:44 - 33.520 AND I KNOW SOME OF THE CASES

01:44 - 35.090 THEY WERE FOUND AWAY FROM A

01:44 - 36.360 DRINKING ESTABLISHMENT, THEY

01:44 - 38.810 WERE FOUND IN THE MIDDLE OF A A

01:44 - 40.190 PARKING LOT THAT REVIS

01:44 - 41.640 ESTABLISHED FOR EVERY LOCATION

01:44 - 42.990 THAT DID NOT SERVE ALCOHOL

01:44 - 44.860 AND THE V A WAS RIGHT THERE IN

01:44 - 46.590 ACTUAL PHYSICAL CONTROL

01:44 - 48.310 OF THAT VEHICLE THE V A WAS

01:44 - 49.370 RUNNING THERE IN THE PARKING

01:44 - 52.120 LOT, HOWEVER, THE NEXT STEP AND

01:44 - 53.340 I THINK THAT'S BEEN TAKING THIS

01:44 - 54.400 NEXT STEP WAS HOW DID THEY

01:44 - 56.550 GET THERE. WAS THE VEHICLE

01:44 - 58.010 DRIVEN THERE BECAUSE OF THE

01:44 - 59.850 OTHERS AND CAN BE INFERRED

01:45 - 01.160 THROUGH THE CIRCUMSTANCES THAT

01:45 - 01.830 THE VEHICLE WAS

01:45 - 04.350 DRIVEN THERE. THEN THAT'S WHEN

01:45 - 05.400 THE SHOWING OF THAT BEING A

01:45 - 06.840 NATIONAL FUND HE DOESN'T

01:45 - 08.190 SAY AND.

01:45 - 11.220 >>WE JUST SAYS OR AN ACTUAL

01:45 - 13.250 PHYSICAL CONTROL SO WHY WOULD

01:45 - 15.250 WE EVEN CARE ABOUT DRIVING.

01:45 - 19.970 IT DOES AND IF

01:45 - 21.870 THEY'RE NOT CAN JUMP

01:45 - 22.420 TO IT.

01:45 - 23.800 >>AND I GUESS I'VE ALWAYS

01:45 - 24.920 LOOKED AT THEM IS BEING

01:45 - 26.500 CONDUCTED THAT IT REQUIRES A

01:45 - 26.910 SHOWING

01:45 - 29.340 OF OF MORE THAN JUST ACTUAL

01:45 - 31.490 PHYSICAL CONTROL OF ONE OR 2

01:45 - 33.550 FINDING THAT IS WHAT IS CONTROL

01:45 - 34.220 THE MOVEMENT

01:45 - 37.150 SO PRESUMABLY. MISTER BOAL GOT

01:45 - 38.740 HIS CAR AT HOME OR AT WORK OR

01:45 - 40.090 SOMEWHERE BEFORE HE WENT TO

01:45 - 40.820 PERU MANATEES.

01:45 - 42.250 >>WE DROVE THERE FOR THE

01:45 - 45.040 PURPOSE OF HAVING A DRINK TO

01:45 - 47.730 DRINK TOO MUCH WENT IN GOT MY

01:45 - 48.470 CARD AND

01:45 - 50.500 FOR WHATEVER REASON TO STAY

01:45 - 52.290 WARM. WE DON'T KNOW.

01:45 - 54.610 ISN'T THAT ALL HE'S AN ACTUAL

01:45 - 55.920 PHYSICAL CONTROL THE CAR THAT

01:45 - 57.890 WHOLE TIME. YOU KNOW HE'S NOT

01:45 - 00.660 DRIVING. IT'S HIS CAR. HE'S GOT

01:46 - 02.740 THE KEYS. HE'S AN ACTUAL

01:46 - 04.500 PHYSICAL CONTROLS THE MOVEMENT

01:46 - 06.440 OF THAT CAR NOT ANOTHER CAR IN

01:46 - 07.950 THE PARKING LOT BUT

01:46 - 08.660 THAT CAR.

01:46 - 09.890 >>AND THAT'S A VERY BROAD WAY

01:46 - 11.000 OF LOOKING AT IT, BUT I THINK

01:46 - 14.040 YOU YOU THAT YOU CAN MAKE IT TO

01:46 - 15.220 ARGUE THAT WAY THAT HE IS AN

01:46 - 16.700 ACTUAL PHYSICAL CONTROL OF THAT

01:46 - 18.280 VEHICLE BECAUSE IT'S HIS CAR.

01:46 - 20.000 HE HAS THE KEYS. NOBODY ELSE

01:46 - 21.400 HAS THE KEYS AND HE IS THE ONLY

01:46 - 22.780 ONE WHO CAN START

01:46 - 25.190 THAT VEHICLE. SO A BROAD

01:46 - 26.830 DEFINITION COULD ENCOMPASS THAT

01:46 - 28.140 BUT THAT'S WHERE I MET THEM,

01:46 - 29.680 BUT THE WORD MOVEMENT IS

01:46 - 31.630 IN THERE AND THAT SEEMED TO BE

01:46 - 33.910 CRITICAL YOU AWARE OF ANY CASE

01:46 - 34.300 WHERE.

01:46 - 36.570 >>A LIFE AND SHE HAD BEEN

01:46 - 38.010 CONVICTED OF DRIVING UNDER THE

01:46 - 40.430 INFLUENCE. IN A CIRCUMSTANCE

01:46 - 41.270 SUCH AS THE F.

01:46 - 45.430 >>I DO WANT TO SOLVE THE CASE

01:46 - 47.450 PERSON THEN THAT'S ALL THAT BUT

01:46 - 49.220 THESE ARE ALL ON THESE ARE ALL.

01:46 - 52.560 IMPLIED CONSENT, OKAY, WHAT I'M

01:46 - 54.550 TALKING ABOUT CONVICTION FOR

01:46 - 55.300 DRIVING UNDER

01:46 - 57.810 THE INFLUENCE WHERE THE ONLY

01:46 - 59.880 EVIDENCE IS THAT A PERSON IS

01:46 - 02.230 FOUND IN A RAID IN THE DRIVER'S

01:47 - 03.510 SEAT OF THEIR VEHICLE.

01:47 - 06.180 >>THERE ARE NUMEROUS CASES BUT

01:47 - 07.810 THERE ARE ALWAYS SITUATIONS

01:47 - 09.070 WHERE THERE IS AN INDICATION

01:47 - 11.150 PRIOR THAT THE DRUG THAT'S

01:47 - 12.860 RIGHT. WE HAD A CASE JUST ICE

01:47 - 14.210 APPEAR SO WHAT YOU'RE TRAINING

01:47 - 16.240 AND UNIFORMLY IN CASES WHERE

01:47 - 17.410 PEOPLE ARE CONVICTED.

01:47 - 21.890 CONTROLLING THE MOVE

01:47 - 24.070 ANOTHER VEHICLE, THE

01:47 - 25.970 TRIAL COURT OR THE FACT FINDER

01:47 - 27.890 HAS FOUND THAT THE

01:47 - 29.950 PERSON WENT MOVING THE VEHICLE

01:47 - 31.180 MORE OFTEN THAN NOT YES AND

01:47 - 32.230 WHEN I SAID I'VE HAD HUNDREDS

01:47 - 33.920 OF CASES BUT ONLY A FEW THAT

01:47 - 35.770 FALL UNDER THIS EXACT SCENARIO.

01:47 - 37.270 YES BECAUSE IN MOST OF THOSE

01:47 - 38.760 CASES INCLUDING MANY WHERE THE

01:47 - 40.220 PEOPLE HAD ALREADY STOPPED

01:47 - 41.210 THEIR VEHICLE ON THE SIDE OF

01:47 - 41.670 THE ROAD.

01:47 - 43.160 >>THERE WAS AN INDICATION THAT

01:47 - 44.330 THEY HAD DRIVEN TO THAT

01:47 - 45.520 LOCATION. SO THE MAJORITY OF

01:47 - 47.020 THESE CASES, YES PEOPLE DO GET

01:47 - 48.920 CONVICTED BECAUSE IT DOESN'T

01:47 - 49.980 FIT THIS UNIQUE

01:47 - 52.290 FACT PATTERN SUCH AS SOLEMN AND

01:47 - 54.590 SUCH AS THIS BULL CASE WELL ARE

01:47 - 56.390 THESE FACTUAL OR LEGAL

01:47 - 57.880 QUESTIONS THAT WERE BEING

01:47 - 00.150 >>TO GET BECAUSE THE TRIAL

01:48 - 02.620 COURT FOUND SPECIFIC THINGS ARE

01:48 - 04.050 THERE WAS NO MOVEMENT THERE WAS

01:48 - 06.170 NO INDICATION OF MOVEMENT SO

01:48 - 08.510 IS IT FACTUAL CALLED WE THEN

01:48 - 09.920 SAY BASED ON THE JOB PORT

01:48 - 11.790 FINDINGS IN THIS CASE THERE

01:48 - 13.750 WAS. NO FINDING

01:48 - 15.710 OF OPERATION ARE WHERE

01:48 - 17.020 IS IT A LEGAL QUESTION WHICH

01:48 - 17.750 THEY WANT THIS

01:48 - 18.470 TO SAY.

01:48 - 21.420 >>FLAT LOT RULE OF LAW IN YOUR

01:48 - 23.230 BEHIND US THE YEAR IN ERIE DID

01:48 - 25.160 THE ENGINES ON THERE YOU ARE

01:48 - 27.850 ALWAYS YOU KNOW A VARIATION OF

01:48 - 28.490 THE VEHICLE.

01:48 - 30.100 >>I BELIEVE IN THESE IN THIS

01:48 - 31.510 PARTICULAR CASE. IT'S A FACTUAL

01:48 - 32.900 DETERMINATION BECAUSE IT'S SUCH

01:48 - 34.730 A UNIQUE SET OF CIRCUMSTANCES

01:48 - 36.060 THAT DOES NOT CREEP UP VERY

01:48 - 37.940 OFTEN AND I THINK THAT'S THE

01:48 - 39.520 DISTINCTION WITH THIS CASE AND

01:48 - 41.320 WE CAN'T APPLY THE RULE THAT

01:48 - 43.420 THE HELD RESTING AS TO WHY.

01:48 - 44.300 IT.

01:48 - 47.940 >>SO I DIDN'T FOLLOW UP

01:48 - 49.410 ON JUDGE MICHAEL UP BECAUSE OF

01:48 - 51.050 THE TRIAL COURT FOUND THAT HE

01:48 - 52.900 WOULD NOT OPERATING THE VEHICLE

01:48 - 54.430 OR MOVING THE VEHICLE. HE

01:48 - 56.630 WOULD NOT AND THEREFORE IN

01:48 - 58.000 CONTROL OF THE MOVEMENT OF THE

01:48 - 59.840 AND I AGREE BECAUSE YES I WOULD

01:48 - 00.900 AGREE WITH THAT BECAUSE OF THE

01:49 - 02.940 FACTUAL DETERMINATION MADE AND

01:49 - 04.590 THE FACTUAL DETERMINATION LINES

01:49 - 05.360 UP WITH.

01:49 - 07.180 >>THE SOLEMN DECISION IS MORE

01:49 - 09.130 ALIGNED SAW HIM RIGHT WELL, BUT

01:49 - 10.500 WE THAT'S NOT HIM MAYBE WE CAN

01:49 - 13.260 OVERRULE COMMENT THAT THIS GUY

01:49 - 14.650 GOES THE OTHER WAY THAT WAS ONE

01:49 - 15.640 OF THE QUESTIONS THAT YOU'D

01:49 - 16.860 ASKED ME TO ADDRESS IS WHETHER

01:49 - 19.700 OR NOT WE CAN. WORLD OF THE

01:49 - 20.890 TRIAL COURT ERRED

01:49 - 22.850 IN RELIANCE ON WITHOUT THE

01:49 - 23.910 FIRST THING SOLVED AND I

01:49 - 24.880 BELIEVE THAT THAT CAN BE

01:49 - 27.120 DONE BECAUSE I'M NOT THAT IT

01:49 - 28.270 SHOULD BE DONE, BUT I THINK IT

01:49 - 29.210 COULD BE DONE BASED ON THE

01:49 - 30.430 HANDBRAKE DECISION THAT I KNOW

01:49 - 31.600 JUST KOBE WAS PART OF

01:49 - 33.660 BUT IN THE KOBE DECISION THERE

01:49 - 35.180 IS A DISTINCTION BASED ON THE

01:49 - 37.550 FACT THAT FIRST OF ALL ON HIM

01:49 - 38.660 RIGHT THERE IS NO INDICATION

01:49 - 40.410 THAT MISTER HAMBRICK DRANK AT

01:49 - 41.570 THE WHITE OAK CAFE WORDS

01:49 - 43.200 VEHICLE WAS FOUND LIKEWISE

01:49 - 44.710 THERE WAS NO DETERMINATION MADE

01:49 - 46.140 REGARDING THE FACT THAT IT WAS

01:49 - 48.360 A COLD NIGHT WITH THE ENGINE

01:49 - 50.010 RUNNING JUST TO KEEP HIM WARM.

01:49 - 51.220 SO THAT'S HOW THERE'S

01:49 - 52.700 EXTINGUISHMENT MAY BETWEEN

01:49 - 55.640 HAMBRIGHT AND THE SONG AND

01:49 - 57.960 YOU'RE SAYING CAM RIGHT BY

01:49 - 59.920 ITS FACTS. IF THE THING GOES

01:49 - 01.210 FOR BOTH FROM THIS CASE.

01:50 - 03.640 ABSOLUTELY IT IS BECAUSE AND

01:50 - 04.530 GREAT TO NOT HAVE

01:50 - 05.890 THE DRINKING AT THE

01:50 - 07.510 ESTABLISHMENT ESTABLISHED FOR

01:50 - 08.500 THE FACT THAT THE ENGINE WAS

01:50 - 09.570 RUNNING BECAUSE IT WAS A COLD

01:50 - 12.760 NIGHT WHICH SOLOMON AND THE

01:50 - 13.840 BOUQUETS ARE

01:50 - 15.610 MORE AND MORE SIMILAR IN THAT

01:50 - 17.580 SITUATION SO THAT'S WHY IF THE

01:50 - 19.330 COURT WILL MAKE A DETERMINATION

01:50 - 19.540 THAT

01:50 - 21.820 THE FACTS AND GOLD ARE

01:50 - 23.350 DIFFERENT THAN SOLOMON MIKE,

01:50 - 24.580 THE COURT DID WITH HAMBRIGHT

01:50 - 26.850 WILL THEN THE COURT COULD FIND

01:50 - 28.660 THAT THE COURT ERROR WITHOUT

01:50 - 30.890 EVER SINCE ALL RIGHT I I GUESS

01:50 - 32.980 WHAT WITH THE QUESTION MEANT.

01:50 - 35.710 >>CAN WE REVERSE IN THIS CASE.

01:50 - 37.960 >>WITHOUT OVERRULING AND AND I

01:50 - 39.160 BELIEVE YOUR ANSWER TO THAT

01:50 - 40.850 QUESTION WOULD NOW BECAUSE OF

01:50 - 41.660 THE FACTS ARE

01:50 - 42.900 THE SAME.

01:50 - 45.650 >>THINK YES, I DID THAT IN THAT

01:50 - 47.220 SITUATION, YES, MY ARE YOU

01:50 - 48.910 BEING YOU CANNOT DO IT OKAY

01:50 - 51.090 LETS YOU MAKE IT FINDING A FACT

01:50 - 51.680 DIFFERENT THEN

01:50 - 52.970 WHAT WE'RE FIND A WAY TO

01:50 - 54.900 DISTINGUISH THIS WAS ALL TO DO

01:50 - 56.310 MORE TIME WORKING I DON'T THINK

01:50 - 56.790 I'M DONE.

01:51 - 02.570 >>YEAH, I THINK IS THE ANALOGY

01:51 - 04.430 I MADE AND I THINK IF YOU MAIL

01:51 - 05.740 ALLOW ME TO DO THIS IN MY

01:51 - 07.390 REMAINING TIME THERE'S NO OTHER

01:51 - 08.590 QUESTIONS BUT ONE OF THE.

01:51 - 10.370 >>THE THE WAYS OF LOOKING AT

01:51 - 11.540 THESE TYPES OF CASES.

01:51 - 14.640 IN THIS UNIQUE FACT PATTERN IS

01:51 - 16.180 IS IF PENN STATE

01:51 - 18.030 FOOTBALL FAN. THEN EVERY

01:51 - 19.330 SATURDAY WE'RE NOT EVERY

01:51 - 20.310 SATURDAY IN THE FALL THOUGH

01:51 - 21.190 THAT WE HAVE NUMEROUS

01:51 - 22.110 INDIVIDUALS WHO DRIVE

01:51 - 24.040 THERE, NICE ARBY'S UP TO BEAVER

01:51 - 25.570 STADIUM THE PARKERS RV IN THE

01:51 - 27.750 PARKING LOT. THOSE ARBY'S OR

01:51 - 28.930 MOTOR VEHICLES AND IT'S NOT

01:51 - 30.410 UNCOMMON FOR THOSE INDIVIDUALS

01:51 - 32.330 TO CONSUME ALCOHOL BEFORE THE

01:51 - 33.980 GAME MAYBE DURING THE GAME

01:51 - 35.130 AFTER THE GAME.

01:51 - 37.610 AND THEN START OUT THAT RV

01:51 - 40.260 AFTER THE GAME TOO WE RUN THE

01:51 - 41.870 LIGHTS FROM THE HEAT WITH THE

01:51 - 43.120 INTENTION OF SPENDING THE NIGHT

01:51 - 44.190 SLEEPING IN THAT RV

01:51 - 45.990 AND THERE ARE SCENARIOS WHERE

01:51 - 47.100 IN THAT SITUATION, THOSE

01:51 - 48.220 INDIVIDUALS WHEN YOU

01:51 - 50.310 DRIVE-THRU, YOUR STATE COLLEGE

01:51 - 51.440 ON SUNDAY MORNING AND SEE A

01:51 - 52.680 BUNCH OF R B'S IN THE PARKING

01:51 - 53.770 LOT BUT IN THAT SITUATION,

01:51 - 55.600 THOSE INDIVIDUALS HAD A MOTOR

01:51 - 57.260 VEHICLE. THEY HAD CONTROL OF

01:51 - 58.800 THE MOTOR VEHICLE. THEY STARTED

01:51 - 00.480 THAT MOTOR VEHICLE NEVER WITH

01:52 - 01.500 THE INTENTION TO LEAVE THAT

01:52 - 02.700 PARKING LOT BUT TO SPEND THE

01:52 - 03.000 NIGHT IN

01:52 - 05.170 THAT VEHICLE. THE DIFFERENCES,

01:52 - 06.660 MISTER BOWLES ACCOMMODATIONS

01:52 - 08.590 ARE NOT AS FANCY AS A

01:52 - 10.840 THERE'S ARBY'S WHAT THINK

01:52 - 12.440 MISTER EDWARDS GAVE YOU CRACK

01:52 - 13.810 THERE THAT DESTROYS YOUR

01:52 - 14.970 ANALOGY BECAUSE.

01:52 - 17.170 >>IN YEAR THE CASE. THEY'RE NOT

01:52 - 18.310 SITTING IN THE DRIVER'S SEAT

01:52 - 18.790 THERE BACK

01:52 - 19.330 IN THE.

01:52 - 22.360 >>I AGREE WITH THAT ASPECT

01:52 - 23.640 BECAUSE HE DID BREAK THAT UP

01:52 - 24.580 BUT THEY'RE LEAVING THE DOOR

01:52 - 26.250 BUT AT SOME POINT

01:52 - 28.280 THEY ARE AT THE DRIVER'S SEAT

01:52 - 29.950 TO TURN THAT IGNITION BEFORE

01:52 - 30.480 THEY GET UP IN

01:52 - 31.070 THE PARK.

01:52 - 32.500 >>SORRY SUGGESTING THAT MISTER

01:52 - 34.880 EDWARDS SEND HIS FORCES UP TO

01:52 - 38.070 PENN STATE. SUNDAY MORNINGS.

01:52 - 38.970 >>I WOULD

01:52 - 41.870 OBJECT THAT I BELIEVE MISTER

01:52 - 43.040 BOWLES WAS ACTUALLY WATCHING

01:52 - 44.480 WEST VIRGINIA FOOTBALL GAME OR

01:52 - 45.490 A BASKETBALL GAME IN

01:52 - 47.880 FOR ANY BROTHER SO WE MIGHT

01:52 - 49.220 HAVE AN UNDERGRADUATE AT THE

01:52 - 50.850 UNIVERSITY OF PITTSBURGH, BUT I

01:52 - 52.360 DO ENJOY MY TAILGATES BUT

01:52 - 53.190 RESPONSIBLY.

01:52 - 59.630 >>THAT'S THE POSITION WOULD YOU

01:52 - 00.180 LIKE THAT

01:53 - 02.900 >>THAT SAID I BELIEVE THAT

01:53 - 04.240 COVERED EVERYTHING AT SO THANK

01:53 - 05.190 YOU FOR YOUR YOU WOULD LIKE THE

01:53 - 07.930 COURT TO AFFIRM EXACTLY YES.

01:53 - 10.230 ALL RIGHT. MISTER EDWARD ONE

01:53 - 11.830 MINUTE I HAVE TO APOLOGIZE FOR

01:53 - 13.410 ALL RIGHT. AND MY ANSWER

01:53 - 15.650 4 QUESTIONS PREPARED AND

01:53 - 16.990 THAT'S ALRIGHT. I THINK I'VE

01:53 - 18.020 ANSWERED ALL I THINK YOU

01:53 - 21.350 I I DO AGREE THAT THE ALL SONG

01:53 - 22.680 WOULD WOULD HAVE TO BE

01:53 - 24.690 OVER TURNED OVER AND THE GOOD

01:53 - 26.440 HAND BY WHICH PROPERTY DECIDED

01:53 - 28.050 I DON'T LEAVE THE COURTROOM.

01:53 - 30.290 ONE QUESTION THOUGH I GUESS I

01:53 - 31.200 CAN ASK A QUESTION.

01:53 - 33.350 WHAT'S THE DIFFERENCE BETWEEN

01:53 - 35.040 DRIVE OPERATE AND BEING AN

01:53 - 36.510 ACTUAL PHYSICAL CONTROL OF THE

01:53 - 38.380 MOVEMENT OF THE VEHICLE WHILE

01:53 - 40.560 INTOXICATED IF THIS COURT CAN

01:53 - 41.940 ANSWER THAT QUESTION AND TELL

01:53 - 43.870 US. WELL EVERYBODY WHAT THE

01:53 - 45.110 WHAT THE DIFFERENCES AMONG

01:53 - 47.180 THOSE 3. BUT IT WILL DO A GREAT

01:53 - 48.780 SERVICE. I THINK FOR ALL OF US

01:53 - 50.410 BOTH YEAH I THINK WHAT'S THAT'S

01:53 - 51.830 WHAT THE WHOLE LINE OF CASE LAW

01:53 - 52.710 HAS DONE BUT.

01:53 - 54.590 >>YOU WANT US TO COME UP WITH

01:53 - 55.930 THE RULE OF LAW IS THAT

01:53 - 59.300 IS YOU ARE CARS ON AND YOU'RE

01:53 - 01.230 IN THE SEED IN YOUR INTOXICATED

01:54 - 02.800 YOU MUST BE.

01:54 - 05.260 WE'RE

01:54 - 08.000 OPERATING THE VEHICLE AND

01:54 - 09.300 THERE'S A RULE OF LAW OR YOU

01:54 - 10.460 JUST WANT US TO APPLY

01:54 - 12.030 REGARDLESS OF WHAT THE TRIAL

01:54 - 13.290 COURT MIGHT FIND.

01:54 - 16.580 OTHERWISE IN CASE AN AREA AND

01:54 - 17.730 TO GET LEE'S ANY ROOM FOR

01:54 - 19.250 TRUMP, QUITE FINDINGS OTHER

01:54 - 21.270 THAN THOSE WELL IF THE TRIAL

01:54 - 22.910 COURT MAKES THOSE FINDINGS.

01:54 - 24.920 >>OUR POSITION IS THAT ACTUAL

01:54 - 26.430 PHYSICAL CONTROL OF THE MOVING

01:54 - 27.810 OF A MIRACLE THAT'S WHAT I

01:54 - 29.480 UNDERSTAND YOUR POSITION ALLEN

01:54 - 31.090 TIME IT'S ALSO OPERATION OF THE

01:54 - 31.760 VEHICLE THAT

01:54 - 32.260 IS BOTH.

01:54 - 34.170 >>YOU KNOW, I KNOW THIS IS YOUR

01:54 - 35.400 AND THEN FOR YOU MAY SEE THE

01:54 - 36.550 RED LIGHT COMING BUT IT'S MY

01:54 - 40.160 I KNOW YOU'RE

01:54 - 42.820 NOT THE CRIMINAL SIDE OF THIS

01:54 - 45.330 YEAR, THE IMPLIED CONSENT, BUT.

01:54 - 46.550 MY

01:54 - 49.230 SENSE IS IF SOMEONE'S SITTING

01:54 - 49.830 THERE.

01:54 - 54.440 INTOXICATED IS IT'S ONE THING

01:54 - 55.610 FOR THEM TO STAY IN THAT THEY

01:54 - 56.610 HAVE ANOTHER FIGHT ON THEIR

01:54 - 58.920 HANDS WITH THE DUI THEY HAVE TO

01:54 - 00.560 ESTABLISH THAT

01:55 - 03.120 THEY WERE OPERATING VEHICLE

01:55 - 05.650 WHILE INTOXICATED AND THIS IS

01:55 - 07.940 I GUESS THE FLOW BETWEEN THE 2

01:55 - 09.280 THE TIMING OF THE PROBLEM WITH

01:55 - 09.520 NOW

01:55 - 12.600 AS WELL BECAUSE I THINK THE

01:55 - 14.190 SENSE OF UNITS GOING IS IT WILL

01:55 - 15.790 SET SOMEONE UP FOR A DUI.

01:55 - 19.620 AND IF WE RULE THAT THAT'S THE

01:55 - 20.150 MATTER.

01:55 - 22.460 WE HAVE COOPERATION IS YOU SIT

01:55 - 23.840 THERE WITH THE ENGINE RUNNING.

01:55 - 26.660 AND YOU REFUSE, YOU KNOW IS

01:55 - 27.060 THAT.

01:55 - 32.180 >>YOUR DOCTOR SHOULD GET IN

01:55 - 33.610 THEIR CAR IN THE DRIVER SEAT

01:55 - 35.830 DURING THE INCIDENT WAS THAT SO

01:55 - 37.650 YOU'RE YOU'VE GOT A DUI YEAH,

01:55 - 39.150 THEY DESERVE AND THE LIKE.

01:55 - 41.790 THANK YOU THANK YOU VERY MUCH.

01:55 - 47.540 >>STAY INFORMED ABOUT POLITICS

01:55 - 49.190 AND POLICY THE CAPITAL

01:55 - 51.090 BLUECROSS PUBLIC AFFAIRS FORUM

01:55 - 52.140 FEATURES A SPEAKER FROM

01:55 - 54.140 GOVERNMENT, THE MEDIA OR PUBLIC

01:55 - 56.140 POLICY TO EDUCATE VIEWERS ON

01:55 - 58.130 THE STATUS OF POLITICS IN BOTH

01:55 - 58.900 THE STATE AND

01:55 - 00.830 FEDERAL GOVERNMENT. EVERY MONTH

01:56 - 02.470 THE PUBLIC AFFAIRS AIRS ON

01:56 - 03.190 CABLE AND THE

01:56 - 06.290 PCN APP VISIT PCN TV DOT COM TO

01:56 - 07.660 WATCH THE LATEST EPISODES FOR

01:56 - 09.150 FREE AND SEE THE UPCOMING

01:56 - 10.800 SCHEDULE PCN

01:56 - 12.150 PROUD TO BRING PENNSYLVANIA

01:56 - 14.100 POLITICS AND POLICY TO YOU.

01:56 - 21.450 >>JUDGES OF THE COHORT THAT'S

01:56 - 23.540 WHEN A A OH YEAH OH YEAH,

01:56 - 25.520 OH YEAH, ALL THERE FOR SUNSET

01:56 - 26.670 BUSINESS BEFORE THE SUPPORT ME

01:56 - 28.520 NOW HERE IN SHELBY HER.

01:56 - 30.050 >>WE'VE GOT A COMMONWEALTH AND

01:56 - 32.530 THIS ALL WORK. WE ALL SHARE THE

01:56 - 33.520 LEAD THAT RESIDE.

01:56 - 41.180 >>AFTERNOON TO THE AFTERNOON

01:56 - 43.400 ARE DECEMBER.

01:56 - 45.470 LAST POUND

01:56 - 49.910 SESSION FOR 2021.

01:56 - 54.180 CASE NUMBER 43.

01:56 - 55.840 WE HAVE

01:56 - 58.560 3 CONSOLIDATED CONDITIONS.

01:56 - 02.210 SENATOR COSTA AT ALL VS SENATOR

01:57 - 03.830 CORMANN THE COMMONWEALTH.

01:57 - 06.300 YOU MAY HAVE FOR SAYS SEN.

01:57 - 07.780 CHRIS JEWISH.

01:57 - 13.820 WE ARE FOR HAYWARD AND HIS WIFE

01:57 - 16.540 AGAINST THE SECRETARY OF THE

01:57 - 19.850 COMMONWEALTH. I BEFORE WE GET

01:57 - 20.780 INTO THAT EYE.

01:57 - 24.560 WE REMIND EVERYONE WE HAVE

01:57 - 27.550 A SPECIAL. OUR

01:57 - 29.620 USUAL RULES OF THE ROAD DO NOT

01:57 - 33.930 WITH RESPECT TO. HOW WE'RE

01:57 - 36.210 GOING TO BE CONDUCTING. ORAL

01:57 - 36.860 ARGUMENT.

01:57 - 41.280 A LENGTHY ORDER HAS BEEN ISSUED

01:57 - 42.990 THE COURT ISN'T GOING TO REPEAT

01:57 - 46.040 THAT BUT I WILL REQUEST THAT

01:57 - 47.920 YOU EAT WHEN YOU APPROACH IT.

01:57 - 50.220 BEFORE WE START THE ARM AND

01:57 - 51.540 TELL US WHAT YOU'RE DOING.

01:57 - 56.070 3 UNCONSOLIDATED ORIGINAL

01:57 - 58.020 JURORS THAT DICTION ACTION

01:57 - 59.320 CHALLENGE A LEGISLATIVE

01:57 - 01.020 SUBPOENA THAT WAS ISSUED BY THE

01:58 - 02.350 PENNSYLVANIA SENATE

01:58 - 04.480 INTERGOVERNMENTAL OPERATIONS

01:58 - 06.210 COMMITTEE TO THE ACTING

01:58 - 07.840 SECRETARY OF THE COMMONWEALTH

01:58 - 10.050 VERONICA DE GRAF AND READ.

01:58 - 12.720 THE SUBPOENA DIRECTS THE ACTING

01:58 - 14.380 SECRETARY PRODUCE SEVERAL

01:58 - 15.180 CATEGORIES

01:58 - 17.600 OF ELECTION RELATED MATERIALS,

01:58 - 19.680 INCLUDING THE NAMES DATES.

01:58 - 22.670 BIRD DATES OF BIRTH.

01:58 - 24.800 DRIVER'S LICENSE NUMBER

01:58 - 26.470 PORTIONS OF SOCIAL SECURITY

01:58 - 27.920 NUMBERS AND ADDRESSES OF

01:58 - 30.600 9 MILLION REGISTERED VOTERS IN

01:58 - 31.290 THE COMMONWEALTH.

01:58 - 34.280 THE 3 PETITION FOR FILED BY

01:58 - 36.530 DEMOCRATIC STATE SEN AND THE

01:58 - 38.260 SENATE DEMOCRATIC CAUCUS,

01:58 - 39.930 THE ACTING SECRETARY OF THE

01:58 - 42.550 COMMONWEALTH AND DEPARTMENT AND

01:58 - 44.110 OUR CURRENT JULIE HEYWOOD

01:58 - 47.700 THE PETITIONERS SEEK A SUBPOENA

01:58 - 49.740 IS INVALID AND I'M HONORED

01:58 - 51.330 FOR TROUBLE. BUT

01:58 - 52.850 TYPICALLY THEY CONTEND THAT THE

01:58 - 54.000 SENATE COMMITTEE LACKED

01:58 - 55.210 AUTHORITY TO ISSUE THIS

01:58 - 57.330 SUBPOENA BECAUSE THIS STANDING

01:58 - 59.180 COMMITTEE DOES NOT HAVE

01:58 - 00.520 ELECTION OVERSIGHT

01:59 - 02.880 RESPONSIBILITY UNDER THE SENATE

01:59 - 03.390 RULES.

01:59 - 06.100 THEY ARGUE THAT

01:59 - 07.760 THE DISCLOSURE OF THE REQUESTED

01:59 - 09.580 DATA WILL VIOLATE THE PRIVACY

01:59 - 10.880 RIGHTS OF VOTERS THAT'S

01:59 - 12.800 GUARANTEED BY THE PENNSYLVANIA

01:59 - 15.180 CONSTITUTION. THEY CONTEND THAT

01:59 - 16.930 THE COMMITTEE SEEKS TO AUDIT

01:59 - 19.810 AND UPSET THE 2020 PRESIDENTIAL

01:59 - 22.120 ELECTION RESULT, WHICH THEY

01:59 - 23.740 CONTEND WOULD YOU SERVE THE

01:59 - 25.630 RESPONSIBILITY OF THE COURT TO

01:59 - 26.110 HANDLE

01:59 - 28.290 ELECTION CONTEST. AND THE

01:59 - 30.800 RESPONSIBILITY A MEME FODDER

01:59 - 32.410 GENERAL TO CONDUCT AN AUDIT.

01:59 - 35.180 FINALLY THEY ARGUE THAT PAIN OF

01:59 - 37.600 AIR KNOW RELATIONSHIP TO A

01:59 - 39.980 VALID LEGISLATIVE INQUIRY.

01:59 - 42.500 THE SENATE COMMITTEE RESPONDS

01:59 - 43.260 THAT IS MOTIVE

01:59 - 45.520 IS IRRELEVANT. HOWEVER IT

01:59 - 47.060 REJECTS THE PETITIONERS

01:59 - 48.790 CHARACTERIZATION OF THE

01:59 - 50.180 SUBPOENAS AND 10

01:59 - 53.580 INTENDED IS INTENDED TO CONDUCT

01:59 - 55.450 AN AUDIT OF THE 2020 ELECTION

01:59 - 57.160 RESULTS. RATHER

01:59 - 59.310 WE FACE COMMITTEE SEEKS TO

01:59 - 01.310 EVALUATE WHETHER THE ELECTION

02:00 - 03.670 CODE CAN BE IMPROVED. THE

02:00 - 05.140 COMMITTEE CONTENDS THAT

02:00 - 06.840 PETITIONERS HAVE THE BURDEN TO

02:00 - 08.710 SHOW THERE IS NO POSSIBLE

02:00 - 09.810 CONNECTION BETWEEN THE

02:00 - 12.340 DOCUMENT REQUESTED AND A VALID

02:00 - 13.970 LEGISLATIVE PURPOSE AND THEY

02:00 - 15.250 HAVE NOT THAT THE BURDEN.

02:00 - 17.490 THE COMMITTEE ARGUES THAT

02:00 - 18.520 WHETHER THIS COMMITTEE

02:00 - 20.920 IS IMPROPER COMMITTEE TO LOOK

02:00 - 22.730 INTO ELECTION MATTERS IS BEYOND

02:00 - 24.310 THE PURVIEW OF THE COURTS

02:00 - 26.250 RATHER THIS IS AN INTERNAL

02:00 - 28.730 MATTER FOR THE SENATE. THERE IS

02:00 - 31.880 NO PRIVACY CONCERN BECAUSE THE

02:00 - 34.840 VOTER REGISTRATION INFORMATION

02:00 - 38.120 IN GENERALLY AVAILABLE TO

02:00 - 38.650 THE PUBLIC.

02:00 - 40.920 AND FURTHER THERE IS NO

02:00 - 42.710 REASONABLE EXPECTATION OF

02:00 - 44.590 PRIVACY THAT PRECLUDE

02:00 - 47.190 DISCLOSURE OF THE 4 DIGIT OF A

02:00 - 49.200 VOTER'S SOCIAL SECURITY NUMBER.

02:00 - 52.070 FROM ONE BRANCH OF GOVERNMENT

02:00 - 54.260 TO ANOTHER SIMPLY THE COMMITTEE

02:00 - 55.850 ARGUES THAT THE PENNSYLVANIA

02:00 - 57.790 SENATE ACCORDING TO A BRANCH

02:00 - 59.860 OF GOVERNMENT IS ENTITLED TO

02:00 - 01.570 THE INFORMATION HELD BY THE

02:01 - 02.660 DEPARTMENT OF STATE.

02:01 - 07.400 AND WITH THAT WE WILL. ASKED

02:01 - 10.410 COUNCIL TO INFORM THE COURT HOW

02:01 - 11.700 THEY WISH TO.

02:01 - 15.420 IF YOU YOUR HONORS

02:01 - 16.350 MICHAEL FISHER.

02:01 - 17.680 >>FROM THE OFFICE OF ATTORNEY

02:01 - 20.180 GENERAL FOR THE COMMONWEALTH

02:01 - 21.760 THE HARVEST AND THE ACTING

02:01 - 23.080 SECRETARY OF STATE

02:01 - 24.670 SO BEFORE YOU GET BIG AND I

02:01 - 26.230 WILL GO OVER HOW WE ALLOCATE

02:01 - 29.570 A TIME. I WILL TAKE 18 MINUTES

02:01 - 30.910 ON BEHALF OF THE COMMONWEALTH

02:01 - 33.030 PETITIONERS MISTER WITH AND

02:01 - 35.210 WILL THEN HAVE 11 MINUTES ON

02:01 - 36.820 BEHALF OF THE LEAGUE OF WOMEN

02:01 - 38.380 VOTERS AND THE OTHER

02:01 - 40.430 INTERVIEWERS MISS WASHINGTON

02:01 - 42.640 WILL THEN HAVE 5 MINUTES ON

02:01 - 44.020 BEHALF OF THE HAY WAS

02:01 - 46.070 AND THEN MISTER LINE WILL HAVE

02:01 - 48.230 11 MINUTES ON BEHALF OF THE

02:01 - 49.520 COSTA PETITIONERS.

02:01 - 54.880 AND OF MY TEAM THAT I WOULD

02:01 - 56.280 LIKE TO RESERVE 3 MINUTES

02:01 - 58.340 PULLED OUT OF THIS. ALL RIGHT

02:01 - 59.060 YOU HAVE IT.

02:02 - 02.900 THANK YOUR HONOR'S MAKE PLEAS

02:02 - 03.300 COURT.

02:02 - 05.740 LAST NOVEMBER, PENNSYLVANIA

02:02 - 07.800 CONDUCTED A FREE AND FAIR

02:02 - 10.310 ELECTION. IN THE 13 MONTHS

02:02 - 11.780 SINCE THAT ELECTION WAS HELD.

02:02 - 13.790 COMMITTEES FROM BOTH HOUSES AS

02:02 - 14.710 WELL AS THE JOINT STATE

02:02 - 16.200 GOVERNMENT GOVERNMENT COMMITTEE

02:02 - 17.480 HAVE INVESTIGATED THAT

02:02 - 18.830 ELECTION. THERE HAVE BEEN

02:02 - 20.520 MULTIPLE LAWSUITS OVER THE

02:02 - 22.420 ELECTION AS THIS COURT IS WELL

02:02 - 24.170 AWARE AND THE DEPARTMENT OF

02:02 - 26.300 STATE HAS OVERSEEN 2 SEPARATE

02:02 - 28.560 AUDITS TO CONFIRM THE ACCURACY

02:02 - 29.420 OF THE RESULTS OF THAT

02:02 - 29.940 ELECTION.

02:02 - 32.320 NOW THE DEPARTMENT HAS

02:02 - 33.860 COOPERATED WITH THESE PRIOR

02:02 - 35.880 LEGISLATIVE INVESTIGATIONS AND

02:02 - 37.420 IT WILL CONTINUE TO COOPERATE

02:02 - 39.580 WITH ME OVERSIGHT BY THE

02:02 - 40.520 GENERAL ASSEMBLY.

02:02 - 43.040 BUT THE SUBPOENA IN THIS CASE

02:02 - 45.500 IS DIFFERENT. THE SUBPOENA HERE

02:02 - 46.770 DEMANDS DRIVER'S LICENSE

02:02 - 48.670 NUMBERS AND PARTIAL SOCIAL

02:02 - 50.640 SECURITY NUMBERS FOR 9 MILLION

02:02 - 51.820 PENNSYLVANIA VOTERS.

02:02 - 54.180 IT'S A MAN'S PERSONAL

02:02 - 55.950 INFORMATION, INCLUDING THE

02:02 - 58.190 ADDRESSES OF INDIVIDUALS WHOSE

02:02 - 00.070 INFORMATION IS PROTECTED BY LAW

02:03 - 01.630 SUCH A VICTIMS OF DOMESTIC

02:03 - 03.200 VIOLENCE OR INDIVIDUALS AND

02:03 - 04.380 PARTICULARLY SENSITIVE

02:03 - 05.880 PROFESSIONS WELL.

02:03 - 07.670 >>JUST FROM THE DEPARTMENT OF

02:03 - 09.690 STATE MAINTAIN SOME OF THAT

02:03 - 13.810 INFORMATION AVAILABLE TOO ON

02:03 - 15.510 OUR RIGHT TO NO LONGER REQUEST.

02:03 - 17.310 >>NOT THE INFORMATION I'VE BEEN

02:03 - 19.200 DISCUSSING SO THE ADDRESS

02:03 - 22.260 SYSTEM BUT GENERALLY ANY PERSON

02:03 - 23.970 REQUEST TO KNOW WHERE THE

02:03 - 24.590 VOTER.

02:03 - 26.020 >>COOLER VOTERS ARE WHERE

02:03 - 26.450 THEY LIVE.

02:03 - 28.450 >>A PERSON CAN REQUEST THE

02:03 - 30.160 VOTER FILE WHICH DOES NOT

02:03 - 31.830 INCLUDE THE DRIVER'S LICENSE

02:03 - 33.640 NUMBERS AND THE PARTIAL SOCIAL

02:03 - 34.160 SECURITY

02:03 - 36.430 NUMBERS NOW THEY CAN REQUEST OF

02:03 - 37.540 THEIR LIMITED TO USING IT FOR

02:03 - 39.150 CERTAIN THINGS THEY CAN'T

02:03 - 40.280 PUBLISHED ON THE INTERNET AND

02:03 - 41.630 THEY HAVE A SIGNED DECLARATION.

02:03 - 43.340 WHAT'S IMPORTANT HERE IS THIS

02:03 - 44.570 PARTICULARLY SENSITIVE

02:03 - 46.310 INFORMATION. THE DRIVER'S

02:03 - 47.480 LICENSE NUMBERS, PARTIAL SOCIAL

02:03 - 48.190 SECURITY NUMBERS

02:03 - 49.520 IS NOT RELEASED BY THE

02:03 - 50.940 DEPARTMENT SAYS IT IS KEPT

02:03 - 52.880 CONFIDENT IN PART OF THE STREET

02:03 - 55.490 OK. YES, ABSOLUTELY NOT AND I

02:03 - 56.470 THINK THE REASON FOR THAT IS

02:03 - 57.980 CLEAR AND WE WE GO THROUGH THIS

02:03 - 59.810 A GREAT LENGTH AND THE 3

02:03 - 02.150 DECORATIONS FROM THE FORMER TO

02:04 - 03.150 STAFF AND THE FBI

02:04 - 04.930 CYBER DIVISION, A TREASURE

02:04 - 06.660 TROVE OF DATA THAT INCLUDED A

02:04 - 07.760 DRIVER'S LICENSE AND SOCIAL

02:04 - 09.600 SECURITY NUMBERS WOULD BE AN

02:04 - 11.190 EXTREMELY ATTRACTIVE TARGET

02:04 - 12.550 TARGET FOR HACKERS IT WOULD

02:04 - 14.410 LEAD TO POTENTIALLY IDENTITY

02:04 - 16.060 THEFT ON A WIDE SCALE OF THE