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January 6th Commision Hearings, Is an Elephant Legally a Person? and How Good is Top Gun Maverick?

Outlaw Lawyer / Josh Whitaker & Joe Hamer
The Truth Network Radio
June 17, 2022 5:00 pm

January 6th Commision Hearings, Is an Elephant Legally a Person? and How Good is Top Gun Maverick?

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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June 17, 2022 5:00 pm

On this week's edition of the Outlaw Lawyer, Josh Whitaker and Joe Hamer dive in on the latest legal chatter. Numerous cases up for discussion including The January 6th Commission. Can an Elephant legally be a person? Yes this is not a joke. Big movies coming out this summer and Josh has seen Top Gun Maverick and it makes the show. No spoiler alert so you can listen if you haven't see it yet. Listener questions also making this edition of the Outlaw Lawyer.

If you have a legal question of your own call

Whitaker & Hamer Law Firm 800-659-1186. Leave your contact information, briefly what the call is about and an attorney with Whitaker & Hamer will be in touch.

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It's Time to Man Up!
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This week on the water. Josh and Jorgen to tackle all things legal what's going on January 6 commission hearings is an elephant legally a person what and how good is Top Gun maverick now welcome into the outlaw life Josh Whitaker and Joe Hamer Whitaker and Hamer law from the managing partners. Their pricing attorneys here in the great state of North Carolina. They have offices in Raleigh Garner Clayton Goldsboro Fuquay Farina and Gastonia. I'm working Patrick consumer advocate we get into the legalese. The topics each and every week if you got a situation that you are currently dealing with and you just have questions you run up against the wall. You just don't know what to do. I got a phone number for you 800-659-1186. That's 800-659-1186 and leave your contact information. Briefly, what the calls about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the program will answer those questions on a future program. Please check out the website de outlaw by so this week on the outlier Josh and Jorgen to tackle all things legal what's going on with the January 6 commission hearings is an elephant. Legally, a person what and how good is Top Gun maverick. All right, folks, there you have it, Josh, Joe, let's get into it.

Let's start with let's go with the movies memo is always a great place to start guys in and be seen, Top Gun maverick, have you seen it yet. I have not and can I just say this right now and I'm sure Joe's right on the heels with this don't. If you habits. If you have a I haven't seen it, no spoilers. I've heard that it's release from the people I've been talking to that.

It's really good, better than the original that came out, I should say original.

The first movie came out. Are you ready 36 years ago.

Joe going to ask you how old were you came out but I will ask you how old were you when you saw the original top man to haven't seen the new Top Gun I don't know me, I don't have you know my memories of Top Gun are all alike through like popular culture references like I don't know that I was ever really enamored with the movie Top Gun at any point in my life so I may have seen it but I don't have strong memories of it so I can wasn't something that really stuck with me, or that like to find me here that had any impact on me whatsoever, I'm at a quick sidebar. Don't get too distracted with this but you know my mom fifth grade 6 grade that was original Nintendo from a rhino's original Nintendo try to play every game I could possibly play Top Gun had an official Nintendo game real quick, Jenny. This is a sidebar to a sidebar and you know it was like Obama who voted some videogame now for doing a sidebar on the show. I want to paint the picture you guys huddled up next to where the judge would be a means that the sidebars I was no note get it. This is a sidebar to the sidebar to keep sad. It's like insects. See yes after my miso nearby door timeout with my sidebar.

The sidebar is a some members or some vote.

Worse videogame about worse videogame of all times while the member did you hear this news. Like last year or two years ago, but you have an idea what the worst is not Top Gun. By the way, would you have the idea with worse videogame of all time was. I know I know it worse. Videogame of all time was happening in the way it is waiting with baited time.

Like that's a subjective thing know this is so bad is not subjective. So glad that everyone someone can love this game. What is it big rigs. No, that is the worst amazing man you give Google worse videogame of all time. Any vote, it's ever been taken in the history of video games.

It was ET on a Tartar Embassy. I don't know man I thought I was a kid that had an Atari that you like that got handed down games pretty cool man like I made it yeah it was terrible, but like what was the what was the objective in the game. I know the game having seen again how to play the I'm to tell you what it was you. You were ET your ship and crash this on the game start worse. ET your shift that crashed your ET you go to the right you phone up. It is the left you phone up. It yet afford to phone the pit and get out the pit you need Reese's species he had click greasy species and I gave you energy to use Jordan was were weird your neck would go up now and you could float out his pit, but you can never get out of the pits.

Sounds like a pits.

It was a great thing was a fantastic game like me. What all the Atari was a fantastic game like I don't I feel like I was playing a relic of the past and I just fell, but maybe just in the stalls and obviously I'm not sitting here and praising the game design. I'm just saying yeah it could be the worst game ever you that could potentially be the worst game ever.

I will give you every my other board Google magazine. I think it might've been Deadspin when Deadspin was a thing but it was Mike who took a tender issued article on how it got rushed in the production had a debut with the movie they were way behind. You can't finish the game all you want dollars is what they is what the Atari ET videogame goes for these days. That's how much what 61 bucks man that's a tank of gas, but apparently they don't the ball right there, they could sound like a landfill writer was able to get up. People figured out where it was needed to get up to clean them up in a cell. September 1983 is when they semi trailer truck loads of Atari boxes crushed and buried at a landfill in El Paso Texas. That sounds like a cool thing man. It's a good story should not exhibitionist on these rights organ order to draw back from the sidebar start sidebar and obviously Top Gun had a videogame and that got you into the worst video of all time and now were back to the movie. Have you seen it yet. I played I talk about the movie Top Gun know and I back to the movie yeah it was I were on our look.

We came out of sidebar sidebar were still in sidebar okay working our way back out of the just just trying to learn it.

I did. I just am trying to hang in there Top Gun for Nintendo I'm to go on record.

I haven't seen this anywhere. Second worse. She was really ill but it's not that iconic.

You see that you see that case, you see the case for it and like it. It resonates with you man like that's one you would always see Anna, but you also terrible. I got it like a yard sale and I would try to play it like once every like week like this is maybe I'm just like they needed no man you couldn't Google anything or that UT instruction but you just assumed you were doing it wrong right.

Maybe it's just all me and then it took you.

I have taught different settings and hadn't had the same problem that Nintendo power magazines.

That's how you would learn about these games like you had no Internet so that's what you would end up doing is you you read a magazine about it.

Basically I am back back to Top Gun maverick. I have seen it and it is.

It is good. It is very good. I will say it's better than original Top Gun original Top Gun I saw the kid and because I was a kid when it came out and says good reasoning is not better than like objectively. It's not better. Are you saying it's not better to you like in your like your thinking back as when you were kid how you took it when you're a kid. Have you rewatch that it's not butter it's not better than the original. I have not rewatch. I'm not rewatch ever you want to either make that claim. I can give spoilers but I could tell you specifically why I can't could later really going to know spoilers are not not not to do it to the people the good people you might be list do not fly airplanes made to the spoiler. There are airplanes involved the but it was good as a ratio see it is well worth seeing when they'll surround you guys out. I don't know when the appropriate time is disposed something right. I got something given easily weeks off. I member to sustain and communicate in route is Ms. got a whole bit about it was that Bruce Willis was a Bruce Willis movie not note that one has the thing up and six cents yeah so you had this whole series of jokes that were based on the six cents and he was doing MMI 2019 and that was the whole bit. As I look at some spoilers in here for the six cents but it's a 20-year-old mailing is Mullaney is a 20-year-old.

Maybe so I think were past the spoiler should be only 20 years is the appropriate time.

I think I like a month really like a month is sufficient time to do that and I look, I know there's a lot of important things going on and things that we should be talking about on a show about Lawton legal stuff and cases and letting me to come together as a nation and figure out two things may put all this bickering aside always partisan politics. When you get together. We need figure 1. When can you freely talk about a movie and not be spoiling it for people. I think six.

I think six months I think six months at house six months is a lot of time all right a month to month. No I mean I see that the I don't know maybe you're you're taking in account is people who are getting out to the theater you wait for the home release of the streaming release these days. I think six months is is generous but like if you want to air on the side of caution. You know that's that's probably a C3 to split the difference of say three months. At some point and I want to talk about it. Once again, and through that's very true. I movie number three to be 36 years from now.

So we have this ready.

This reminded me what I thought Ghostbusters afterlife right I enjoyed that movie I thought we did just enough nostalgia you had some new characters right everything, I like it and I might give any spoilers for Ghostbusters afterlife, but it was just that I think were close to the cut off or you could man fire own established timeline that will more. These movies surround more these movies like like to come out with a new movie, but I'm so excited to come out with a new night court.

Very excited is my favorite number on that was made for you. Like they did the bigwig executives.

They got the whiteboard like who we are who we cooling neck and the show forces the picture of your face were not getting Josh Whitaker viewing enough stuff dial him and how can we do it, but my court shears together like a new hybrid show that would really really dial how argument you missed your calling the inning. One thing I did pay a lot of attention to, which is something that I think people would maybe expect us to talk about but I haven't paid a lot of attention is the prime time. January 6 commission haven't really honored to have you been following that now you know you know me Josh, you know that I don't sound sad don't keep up with with those things.

But like is not my top priority necessarily so like I picked up on bits and pieces of it, but I have not followed it very very closely.

I am I couldn't do it man, I don't know what had to be prime time like it was on during the day after I turn it on. You know I was in the officers or doing something else.

The prime time aspect of it may confuse, and I don't not released to something like that.

Being in an prime time. You know when I get the boys that we would holy moly Nestl last week watched holy moly you really about that holy moly man but met holy moly as is figured out. We talked about as they added the Muppet. I'm a big fan, always have Mike, I love Jim Henson I love the Muppets and grew up that was like my favorite show when I was a kid and you took something.

It was already great rank. Holy moly was already great. We can all agree to the greatness of the show. Holy moly and he added the Muppets and for me that's like me that's like the cheers my court thing executes but all is good stuff together that's anyway I thought this was interesting. A lot of people did pay attention to the January 6 prime time commission hearings they say 20 million people. I was the rating 20 million people tuned. It sounds like a lot right 20 million. It doesn't sound like a lot to me sounds like will you know a lot of people watch the Super Bowl and is one the most popular things on TV sells IRA this year. Maybe watch the Super Bowl and that that number. Google gave me was hundred 12 million right so a lot more people watch the Super Bowl.

That makes sense right. So then I got to thinking about TV shows like the last episode of mash or whatever. And all these things that used to be like my top last episode of cheers is 93 million and last week's holy moly 2.6, which I found a little disappointing, but what I really wanted to compare to the 20 million watch the January 6 commission prime time hearings. I can't remember what was the wrestlemania were they had no trump on it.

Last thing you try and 1.2 million. Yeah he was he was he like that's good stuff. If you go back and wanted to like you can't say what you want about the man's politics but very entertaining to watch the man wrestle is he still in the hull of the day. Remove him from the WWE Hall of Famer is he still in their season. The celebrity wing I believe. I don't know that they while they removed them like why you know I don't I don't see WWE removing him Woody the that wrestlemania got his little different right as it was in an prime time yet to pay you to pay for it paper you was 1.2 million pay-per-view buys and 82,000 people in attendance are yet to million on the rest of my plan. I don't know what it was.

Either it was like what 2010s. It was wasn't at 123 that he was inducted 2013 into the WWE Hall of Fame where he remains they really remove you from that the Debbie Debbie Hall of Fame Josh.

I think once you're in your in. Then they remove whole cooking.

I thought the whole coating at related, maybe not. You may can you make me do research here that's the guy reinstated him yet at the he was suspended three year suspension from the Hall of Fame. They brought him back. Okay, let let everything die down. I guess I think that's interesting.

Interesting, but what you just I'm in a get back to it at that. You know everything I've understood is that you know they're the commission's not going to bring no matter what the commission finds its noggin. It's not in charge trump criminal in writing in. I refill about from when I hear to say is greater. He's the worst person ever live but how we feel about this commission may charge some other people criminally bit I sound like they don't intend to charge trump. I guess the Department of Justice is that they are watching the hearings and they may or may not do something I don't know but many want to get into it and then usually I would ardently screen a good summary, you know, but the prime time term actually turned me off. I would have paid more attention. Had it not been prime time which had not been conflicting with holy moly I think you can write well Joe, we have real legal things to talk about and got two of my you know we had we had Justice Cavanaugh.

We had someone get charged with attempted murder may have been, it was found with weapons and and what have you and him and the resulting some legislation about protecting judges. I want talk about that for minutes that's coming up in this one I can like bizarre legal cases and so the one that made the news here recently that kind of peak my interest was the plight of happy the elephant and it was litigated whether or not he should have civil rights the same rights as a person in this one struck me odd for a couple ways and we got some listener questions so we got a pretty pitiful docket today.

All right will I stack shown on the outline is Josh Whitaker and Joe Hamer, your host, they are the managing partners at Whitaker and Hamer law firm again practicing attorneys here in North Carolina office is conveniently located in Raleigh, Garner Clayton, Goldsboro, Fuquay Marina and Gastonia behavioral legal situation your face when you got questions, I got a phone number for you 800-659-1186.

That's 800-659-1186 leave your contact info and with what that calls about an attorney with Whitaker Hamer will be in touch. You can always email your questions to the program back right after this you to that Whitaker and Hamer continually located offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. And if you have a legal situation you're facing. You got questions I get a phone number for you and you can get some answers. Here is 800-659-1186 at 800-659-1186 and just leave your contact info and briefly what that call is about an attorney with Whitaker and Hamer will be in touch again. You can always email your questions to the program and will use them on a future show questions asked. The units will the show has gone to the elephants, gentlemen, take away Joseph I feel bad about this last segment you videogames and you you offered your suggestion with the worst videogame of all time was an honest and we know that game as I glossed every thing is is ageism and went straight to ET what was big rigs just so I it's it's a 2003 racing game where you control us like a semi trailer truck and you cannot race a truck through checkpoints. It was real bad man. It was really bad. That's all I've got for you. You're never gonna know about it because it's not what I walked. It was a PlayStation. Yet it was so 2003.

Let's see, what did it actually come out for public it was Windows can offer PC but you have met a critic you got met a critic who like compiles reviews the do like an aggregate review score and got the lowest of all time, which was an 8/180 yet that you got that list in front of me was that the list of the lowest games of all time. Yeah I like and I like the bottom five. Let's see what you want for my walk, my boys were playing video games and I was that when I grew out of that cool data, played a lot of video games with my my kids are playing in my kids. They were playing dear simulator, they had a year classier play that no not really.

It's not my. It's not my gay man. It's not my type of game they were eating a deer.

At least there was a goat simulator rights I used to play goat signal enter by now and I guess what it's called, as I am familiar with goat simulator, but again what others really never did it for me from the makers of goat simulator came dear simulator, and so they were down there with a deer had guns for aunt letters like fight night guys like okay yeah you did not have me at dear simulator, but then when he described as I ambience with you, it's it's kind of speaking to me now is not a good listener do not know any of these games meant something we going to elephants legal stuff legal stuff right so there is a case New York New York State Court of Appeals.

It's been widely reported on every media outlet seized on the story but there's a happy got is elephant named happy but apparently not. Not super happy element.

He's he's in a zoo. And so we have a nonprofit group who decide to sue. They found a writ I talked about as untimely filed a writ of habeas corpus is not something that attorneys do it every day. But writ of habeas corpus is criminal attorney might go with it some but is illegal, drowsy, illegal confinement right if you, as I there's TYPES of things that it could cover but anyway writ of habeas corpus is is what you use when you have got a defendant someone whose charges being illegally or improperly confined in size to get them out of jail rights to get them out of this confinement and so this this nonprofit organization that is concerned with animals. Treatment bought a writ of habeas corpus that was denied on the lower levels and they went to the Court of Appeals and Court of Appeals batting the amazing thing is that this made it to the Court of Appeals and that the Court of Appeals spent a lot of time.

Are you let none of the parties argue, and then we get a 52 decision from the Court of Appeals that said the animals were not human right. They they're not entitled to civil rights, human rights, they can be confined can be cruel to nanny me know.

At still the same, but these folks are argument was a bit animals early certain animal should have the same rights as a human, which I think is courageously added to me that's just crazy.

I can't believe it went to the Court of Appeals and is a 52 decision Joe said means to Court of Appeals judges, justices wrote opinions saying that in fact, humans should be treated.

I'm animal should be treated as humans. This is just amendment maybe it's just me maybe other people read this and it doesn't sound crazy.

I mean, but to me it sounded crazy. No, Josh, it does sound crazy and when you boil it down like that you're like when you literally just boil it down your like these know that they ruled that animals are in fact not human like a illustrates the absurdity of it and like I want this to be misconstrued and thing in anyone to think that I I am not someone who believes in animals being treated properly. I love animals man I love elephants are fantastic and I really do. But like there is a line that we draw that. But between a human being in an animal and we use the unit. We really love to throw out the slippery slope term and I think you see, this is this is one of the greatest illustrations of a very very slippery slope. It's like a slope that you put a tarp and Dawn detergent on and you can just really slide down because you start start classifying animals.

You know you given the same rights as humans and what you do man like where you where you draw the line there. I want to eat some of the samples. Josh is very important to me to have some of these animals and to eat them and can't eat you Josh. I can't eat another person so that would be a real problem for me and a lot of it is that leave the crazy thing to me is anybody can file a lawsuit right as I tell people why people come in for a consult and might well is my concern and was in anybody can sue anybody for any reason, write it and it doesn't have to be legitimate like you know you might be if I went and filed a lawsuit against you jail and there is no basis and it might end up being responsible for your attorneys fees. There might be some sanctions or penalties for any attorney that might have tried to help me with that but I can do it, and it can just get Vernon according like you're crazy. You have no standing here get out of here.

Don't come back right now, but you can still do it. Rights of people consistently. People sought to defend these things so sure they said but how crazy is it that they found a writ of habeas corpus and filed it for happy the elephant and then some lower-level judge did the right thing. I released my opinions like this is stupid. Get out of here is really appealing to the Court of Appeals and the Court of Appeals not only heard the case of the state of New York. I don't I'll be there next week, but I don't.

I don't know how they know if they get to pick writer to the court have to hear anything that was appeal process for the state courts of New York I get a good reminder being generally licensed to practice in North Carolina what they heard. There were oral arguments. They were pleadings filed in and a judge edited and seven justices, you know, voted, and two of them were were on board and and and and and Emily were the only Lawrence 5K wrote sharply worded the sentence and he did agree they both agreed that the elephants have some rights they didn't agree exactly how it would happen so they wrote their own dissent. So there are two use a lifetime. There's one dissenting opinion or bio joint and sometimes will be to one judge has another legal theory. He wants to express writ who justices who think yes happy the elephant should have human rights but will and I got there, differently rendered different. They want to say different things about it, which is this is like one level crazy after another little crazy. One of the quotes from his judge Jenny Rivera is one of the dissenting justices who thought happy happy's rights should be protected is our quote was from her opinion was happy's captivity is inherently unjust and inhumane is an affront to a civilized society and every day she remains a captive spectacle for humans we to are diminished as like what what else what I didn't get it man, I just couldn't follow these moments. You know you have these moments in life where you're you're doing a thing you know you're in your profession or your career. You're doing a thing and and and like you have that moment were like the lightbulb goes off and you just like what my doing right now like what am I doing in my life. What is what is this I think for me as an attorney. That moment would be when I am drafting a sharply worded written dissent about whether or not an elephant should should have the rights of a human, I think that would be that moment for me. I IA it it it was it was witnessed when discounting succeed is just as shocking to me and look man. We got we got little dogs right I knew that we had little dogs that are useless right they don't serve any. They don't do anything right or not.

They're not protecting us at the house right or not there's living this life of obscene luxury for daughter I would die. What are you let his eyes were not were not home torturing animals in our not supporting dogfighting when I let my knees. Please don't get me wrong. Don't misplace elephants treat them very well. But my love of animals is is it does not extend to they should have the same rights as as humans but I thought that was it just a crazy crazy crazy crazy story.

Crazy crazy case and and not important in the grand scheme of things.

Besides, there there are people in the judiciary side and that's that's the whole story to me there's two people out there who were judges thing elephant housing rights as meaning I want to expand houses can say is one of those cases that kinda gives you whiplash. You see it you want really any leak. It's kinda hard to look away from it got talk about little dogs. Josh, like you little dogs. Now this is a tangent, you know, we tweet this is a sidebar start third like you think about like a little dog, and how you say they serve no purpose but like think about that little dog came from like a giant wild wolf right like that dissent like they were how do we not have tiny domesticated elephants cannot really I could get down with Micah of many elephant pit. To be honest with you I saw I saw a new story or this somewhat somewhere that pick me up.

Autumn a pot of my eponymous is that it get one pygmy hippopotamus hip and people were well behind them on yet the finalized that the danger most dangerous creature in the world right thing and I don't know they're there. They're pretty dangerous. The big ones are. I would imagine you know many me would be pretty dangerous to there's one quote I want to share before we leave the story, but I wanted.

I don't remember where I took this from but with a nonprofit's founder, is a guy named Steven Wise and his quote was. He said he was pleased. It that they managed to persuade some of the judges to go with them on their side here, and he noted the group has similar cases underway in California and other states and has more planned in other states and other countries is a nonprofit exist solely this is their goal.

We will, somewhere, some jurisdiction, some state some contrary to say animals should be treated with the same rights as humans.

And that's that's their Esther soul goals. This is someone you know we talk about judicial when you talk about you know at active activism through litigation. I'm using the wrong term.

I can't.

They can bring the term of mine but that's that's what this is a nonprofit.

This is their goal and keep going until they can do it, but what interest the outlaw lawyers tackling elephants in this portion of the program really come back and talk about more legalese Josh Whitaker and Jill Hamer are your house. You can find them at Whitaker and Hamer law firm to the managing partners there and practicing attorneys here in North Carolina office is conveniently located for you Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia.

If you have a legal situation you got some questions I get a phone number for you 800-659-1186. That's 800-659-1186 leave your contact information briefly what that call is about an attorney with Whitaker Hamer will be in touch with you and also you can email your questions to the show will answer them on a future edition and that's questions at the outlaw lie or not, check out the website. It's a good one.

The outlaw back right after this Clayton Goldsboro, the quavering and Gastonia and they are pressing attorneys here in North Carolina I Morgan Patrick consumer advocate each and every week we get into legalese and other types of discussions always a lot of fun. How we do understand look there there there legal situations going on with a lot of our listeners and if you have a question about what you're currently going through and you need an answer I got a phone number for you 800-659-1186. That's 800-659-1186 leave your contact info. Briefly what that calls about an attorney with Whitaker and Hamer will be in touch to help answer some of those questions. You can also send your question to the show questions at the outlaw my comments Gentlemen were going to go to the Cavanaugh case before we do that Morgan died at two things on your tunings only talk about before you get there. One Joseph I know you're doing some Internet research, our last segment. Can you give me the top three movies of all time featured an elephant will visit again.

These are subjective things and so if you look at the rankings. If you look at like the rankings online you get the top three they give you is Dumbo is number one.

That's a good thing it's animated Dumbo, then they've got Babbar.

The movie is number two are its bulbar skis. I'm not a big fan of, but I was in a there anything that Tarzan is number three which is really even a truly an elephant movie elephant. The feature role there.

I don't think so yeah number list is not like that my list doesn't get like that. I think my list goes number one for me personally is your thing that you probably haven't asked you to watch movies. The protector is called Tom Young doing is like a tight Taiwanese movie like an action film. You should check it out.

It's got a journal and I will if each is that he protects an elephant and if you're into action movies you'd really like it and I want to go. Dumbo number two and I'm to go. I think I'm to go.

Horton hears a who, yeah, yeah, yeah, I think you got Babbar like Dracula's light bar up its bulbar bar is of the books that were looking at doctor's office that you only read if like every other book was gone. Yet every time you read him like sick with the flu conjuring the dog hating the far associated with feeling like crap. What felt you mentioned that during the break, and I felt like that was important enough for we needed to get back to that, but the second thing I wanted to remind everybody is in a lot because me and Joseph we like to. We like to sidebar right right sidebar. That's a nice way of saying it in but we are still real attorneys right we have. I feel like we have to convince everybody yeah I think I feel like after we talked for like 30 minutes. We have to we have to circle back around and remind everybody that me and Joseph were Whitaker and Hamer. And just like Morgan's eyes when we come in real attorneys are licensed to practice in North Carolina I hear from some of our listeners.

Some of our listeners do. In fact, call us and and get legal advice right schedule. Get a console and we felt a lot of listeners and we and is one of the reasons we do this right, we we want to hear from our listeners, but I feel like when were were being super silly sometimes we have to come back in and remind people that we do like to have fun on the show here, but we are real attorneys complement. I would argue, competent real attorneys getting very competent and healthy so that we do on the fly about but a very serious thing to talk about.

Next, you know, we talked about. We had a whole show.

Lori had Cassondra and Taylor on with us and we talked about the leak that the big the Supreme Court abortion leak right and and I was very serious thing that we talked about it and it was very serious for a lot of reasons because it never happened and it's got more evidence of how our societies not respecting you know traditional norms right now some that have never happened and you know generations past sprinklers, respected institution, and they operate in a certain way and ends that we been seeing the fallout from that leak. There's a lot of it.

One, there's a whole story we could talk about about how to figure out who leaked it is in charge of that thing that's really going real well, we haven't really heard there's new leads right it may have leaked that whatever figure that out.

That's part of the story, but the other part you know is is is very easy. I haven't done it right, but apparently is very easy to figure out where public officials live Ranger after got leaked.

You know, the justices all had folks like protesting on their in their neighborhood is like on their yards.

You know they were getting death threats and things like that are happening and that's never good right that is it that that isn't a good thing to happiness our public officials should be able our elected officials should be able to do their jobs as they were elected in certainly nearby has a right to protest and disagree, but I don't know if camping out on their yards, because they're doing something you don't like is she becoming the normal thing that happens but you know it would even further for justice Cavanaugh was kind of a lightning rod when he got on that we had to go to the circumstances around that when he's getting confirm that certainly was a very what's the word contentious contentious. Yes, contentious essays, kind of a lightning rod and and it was even his opinion that was leaked in the opinion was was being written by another justice, but he really found a guy in his neighborhood. Armed with his address to you I guess. Sounds like at least from the admitted that his he was going to code attempt to kill Cavanaugh on so he was there some kind of tip someone gave and he was picked up and charged with the attempted murder as he made it very clear. This was his intent and for me that's you know it it's just, you know, and then the house and the Senate. I don't know if you saw this Joe says, that's a crazy situation.

That's your deadly situation for justice Cavanaugh.

He's a Supreme Court justice. He needs to be able to act in it and perform his public duties as official duties in a way where it is amazing.

It murdered tomorrow right you know so that the sin in the house and try to pass a bill to to get the Supreme Court family some protection. They're not really covered now and maybe some folks who work for the Supreme Court, like a rat to protect them like me, protect the president and other federal officials, and so the Senate and the House have been going back and forth trying to pass this bill and they haven't agreed right to heaven, unable to agree that this protection should be offered and the arguments on if you saw some of the arguments share with some of the arguments were were a little crazy and others there's a there's a some Democrats it will look for it because they will abortion providers to receive protection in the same bill say, and add that on there and there's some New Jersey contingent that wants it yet that there was a terrible story of a federal judge's family being killed in New Jersey as they will.

Protection going down the line. Other federal justices, but it is just is just weird to me to see this this play out, but it is not good.

You know, Josh.

One thing we always do on the show as we really strive to to be nonpartisan to to not take sides to to be very neutral in our approach to things, but I want to go on the record and I want to say that we we unequivocally think is a terrible thing to threaten to kill Supreme Court justices wants to their their the rulings that they issue I'm I'm confident and put that on the record for rat to spend some time when they going back, we done 50 of these shows 55 something like that. I think right to go back to some of the record everything that we are comfortable with record and it will extend that I'll extend that to say I think anybody should be able to perform their job without the fear of being murdered by someone for that job and giving you know giving additional protection to someone, especially we have a super vested interest as a as a society for our our Supreme Court justices to be able to rule on things and and do what they do from the bench without fear of repercussions. Like if if if it gets to the point where someone can be swayed or fears enough to really impact the way that they they issue a ruling. It's a terrible terrible thing for us as a society. Yes, it's not good it's you know and never seen it in different ways and in every generation, nothing season to some extents and I what you would like, you know, we see it we see different things happen every generation and every generation kinda feels like it's going off the rails a little bit.

It's not like there was and I grew up in. I think you have a lot of that. But I do think were seeing seeing some signs that that that's happening right you know and then maybe we get a pendulum always swings right so things get a little crazy and then people get tired of it swings the other way is more law and order and is, how it works out, but was very disturbing story and then everybody reported on it and kinda went away and in the one thing I hate similes. This reported the real important thing is what it what we do and what are we doing about this next. That's what happens with some things, like somethings talk about it in the international news cycle for weeks and weeks and weeks and then nothing happens is just here there when I saw it on today's show but it it's it's disconcerting and it is just deftly some to keep an eye on when it when it things like this pop up in the news the outlier Josh Whitaker and Joel Hamer. You can find them at Whitaker and Hamer law firm. They are the managing partners at the firm they are practicing attorneys here in North Carolina and they have offices in Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia.

I really get into a few more topics before we wrap this show up, but if you got a legal situation you're facing you have questions.

I got a phone number 4800 659-1186.

That's 800-659-1186 leave your contact info. Briefly, what the calls about an attorney with Whitaker Hamer will be in touch to help you with that question and you can always send your questions to the program questions at the outlaw, allow back right after this, the managing partners at Whitaker and Hamer law firm in France.

Here in North Carolina office is conveniently located Raleigh Garner Clayton Goldsboro Fuquay Marina and Gastonia. I Morgan Patrick consumer advocate and if you got a legal situation you can always contact the firm call 800-659-1186. That's 800-659-1186 and leave your contact information briefly with the calls about if you got a legal question and get an answer and attorney with Whitaker Hamer will be in touch and you can email your questions to the program and speaking of listener questions. I believe we have one we do we do with this is one again. We get we get a lot of the same questions over and over again from different clients at different times, but this is a question that we we get every so often in Saipan compiled those questions into into one generic fact pattern that we can take a look at what here is how I have phrased the question. So get a client who's got to sibling and their mom has their elderly moms passed away left in my house left.

Although her three children, a house, including our client and our client tells us that her sibling is living there and is is Winfrey right not paying any rent not maintaining the home not paying the tax bill that cut the grass generally is not taking care of the house has decided that they're going to live in mom's house and they don't care about anybody else and our client doesn't like that. There are clients of one third owner they inherited one third they're not living there that I getting any rent and they're probably forking out some money to take care of the property so they won't they won't know sibling is living there to pay her fair share of sister in our fact pattern living there. They want her to pay her fair share. What can they do right so that's the that's the legal question Joe what what pops in your head when you get a question you know we would this is a question we actually get fairly frequently and and maybe not phrased exactly like this but it's not uncommon for someone to come in her office and present this same similar fact pattern what you got, you know co-owners who've inherited a property and a lot of times you know people think about this, and the first thing that pops in their mind is will this person is living there. I need to have them evicted.

I just need to take you to get thrown out and in and have an eviction done but that's not the way these things work.

You can't just you can evict a co-owner someone who is a cotenant or co-owner of the property eviction is in the proper method to go about it you know if you have a rental situation. Of course then you can evict someone with this is it someone that's running from you. This is someone who has a vested ownership interest in that scenario, there is there's no way to evict that person. That person does have a right to be on the property.

That person has a right to occupy the property so you have to you have to go about it a different way. But in this particular fact pattern.

I think there's a few preliminary questions you have to ask the first being unit was in a state ever open for your mom because the first issue that you have to take care obvious is proving your ownership of the property as well. I thing that confuses a lot of folks to Joe not to not sidebar get on a rabbit hole but you know North Carolina safe if you know if some happen to me tomorrow. My heirs-at-law inherit real property so house right at the time of my death right Dave David Sayers said that that's how it works legally like I own until the day I'm dead and then my heirs get but who are Myers right to the general public eat, you may not know you Myers arts what you do you open up an estate in the courthouse enough is done properly, the estate, I kind so people always say can access the deed right.

It shows the general public to the heirs of my case, Josh Whitaker is right, who inherited his property and sell their estate file clerk signed off on it. We know who our owners are simply has been done. That's how you prove to anyone that's not you state that you own the property.

So, assuming that's been done and sure enough we got three siblings who all inherited one third of the same house what you would do what you're left with you and like digested eviction is an isn't the way to go. That's not gonna work for it is not trespass right because they have a right there. One third owner right-sided trespass any of the owners could be there at any time is a you end up there's a legal proceeding competition. The partition is just a fancy word for for saying hey readiness to sell this house and I'm only one third owner may be other two people don't want to sell it. Maybe one person doesn't want to sell it. Their living there rent free, but I am a one third owner I want my equity has property I want to sell it in courses much more complicated than what were making out the but it is a is a legal action that you can take to handle just the situation and that's what you end up doing.

And a lot of us were doing estate planning for folks we talk about this like okay you want to you want to leave everything to your three kids share and share alike. With these three kids and have to work together if the acid is one house right so there's things you can do to try to you now SL point. If your estate planning. Don't leave your kids or your heirs or your surviving spouse you will leave them about your problems. You want to have worked through all these things and there's all kinds of ways to do it but here obviously wasn't done yet, a problem so now one or two of the kids are happy to hire an attorney sent the cheapest action right petition to partition unit going to court Yetta yet put some stuff together but that's that's where you end up if the if the siblings can agree that hey we should sell this or you can live your project bit as much in rent then you get to a judge in handle it that way it exactly and I think one of the things that we tell people and that scenario is it's going to be costly. You know it's litigation you're you're litigating and it's a it's a process and it's gonna be timely and time-consuming unit.

This is in the thing that's going to occur quickly so you know we always try to one of the things I think we do in every situation you know the very most part is try to encourage some some form of of alternative dispute resolution where you come to a compromise and you come to an agreement outside of this process because generally speaking it's going to be better everyone's getting everyone to be in a better spot if you can all come to some kind of mutually beneficial arrangement ahead of time as we get when you do this partition procedure know it's to a large degree. Tell your hands you put in the courts hands and and you're not can it maintain a lot of the elements of control that you have otherwise. But you know a lot of people are reasonable and unfortunately that's where the basis for most litigation comes into play is you have folks that you just can't reason with that are interested in working with your compromising in any way. In that case, you just have to go the hard ground this would be the hard route, but it's but it's something that's doable and you know you mentioned the fact of this person wanted to pay their fair share pay their taxes etc. etc. all of these things can be factors in that partition proceeding but it is going to be a matter that's gonna come before court judges can have to be handled partly basically will guys I know that were up against it. That really pays to be proactive, talk to your parents specially if there's to be real estate involved.

Make sure you have that legacy plan in place will trust what have we want to go, but if you got questions in this this arena that we been talking about.

You can always contact Whitaker and Hamer 800-659-1186. That's 800-659-1186 and get those questions answered for you and attorney with Whitaker and Hamer will return your call. Where to take a short break and were back right after this [the lawyers, your host Josh Whitaker and Joe Hamer, the manager law firm also practicing attorneys here in North Carolina office is conveniently located Raleigh Garner Clayton Goldsborough few quavering and ghastly adjustment where up against it, but you got some closing thoughts.

Joe, it occurred to me just as as Morgan's brain is back. We didn't we haven't talked about Johnny Depp Amber heard since the since the decision came down. I guess that's old news now that we never talked about it is man, you know, that was something that really burn very hot there for a while and he had a lot of folks really absorbed in it.

A lot of people keeping up with every single move and then you know you get that you get the verdict comes out in it, just dies out a little bit pretty much as dies out from that point is old news now. We missed the boat that stick well if you exit but was a they both one, but one that got a bigger judgment and the other one but he is not Angela.

When I think if you look at it yet. I think you look at it and you have to say that that that depth came out on top and pretty much every appreciable way.

If you look at that case, I'm actually glad we got there about you more side. I'm the one who's there talking about bringing up but I'm glad that when the light is bright. He didn't want talk about it when you bring up.

I don't. I just thought about it and you had a written manuscript that's all I did. I had it written on the script is something that we never got to see and there was but we again Joe.

Joe and I attorneys were North Carolina were licensed to practice in North Carolina so we talk about stuff were talking about North Carolina law, North Carolina specific, but we do, we do have six offices about to be seven or eight here before too long. But where we usually close by where happy to consult with you. Our attorneys are always happy to sit down with you guys get further and further away from the official pandemic.

People are more inclined to sit down in the same room and and and talk about your issues that were also available by phone will schedule zoom consult sometimes and we have a couple of attorneys do a lot of those, but work happy to sit with you were happy to talk with you.

We deftly would would appreciate being able to help you with your with your legal problem. This week we do every day so we ingested around every day and have folks tell us what's going on in and we do our best to help them through because there's there's usually a way out is usually awake work out you need a strategy to experience matters.

Having seen things before having been around for a little bit old enough to have seen Top Gun as a kid, I am out so I got we got that going for store always that were always happy to be helpful to you is kind of our goal here, the outliers Josh Whitaker and Joe Hamer, Whitaker and Hamer law firm again. If you are facing a legal situation and you got questions, here's the number 800-659-1186. That's 800-659-1186 leave your contact info. Briefly what that call is about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the program questions at the ally or not, answer those on future additions and a great show guys have a great week and will see you next week right here is an attorney licensed to practice law in some of the guests appearing on the show maybe licensed North Carolina attorneys discussion of the chosen to be general in nature and in no way should the discussion be interpreted as legal advice.

We would like. Once an attorney licensed in the state in which you live the opportunity to discuss the facts of your case with you. The attorneys appearing on the show are speaking in generalities about the law. North Carolina and how these laws affect aboriginal Carolinian.

If you have any questions about the content of the show, contact us directly

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