Category: Uncategorized

Caperton vs. Massey

Now that the US Supreme Court has ruled 5 to 4 that actual bias is not the standard to determine recusal of an appellate judge under the due process clause but rather judges must consider the appearance of bias based on the totality of the circumstances, does this mean that a Caperton motion can be filed in the US Supreme Court?

I seem to recall that Justice Scalia went hunting with then Vice President Cheney when a case involving the Vice President was before the high court.  If a Caperton motion is filed there and denied, where does the moving party go?  The World Court in the Hague? 

As a side note, in the Benjamin election I put the impact of the Blankenship money third on the list of factors which influenced the election.  By far, the largest driving factor behind Justice McGraw’s defeat was the bruising primary fight he had with Judge Rowe.  In other words, if Judge Rowe had not run in the primary, I don’t think Justice Benjamin would have been elected.  The second “driver” in Benjamin’s victory was the “Rant in Racine” ads which were the product of the Benjamin campaign not Don Blankenship.  For the Sake of the Kids is a distant third.

Unfortunately, this decision makes it harder to continue to elect judges by popular vote.  The only people who will give money in a judicial election race are lawyers or groups that have a stake in judicial decisions.  Under the newly announced Caperton standard, the results of every judicial race will generate data and “fodder” for Caperton motions.

The only way to avoid this Pandora’s Box which the US Supreme Court has given us is to change the way we select judges.  Non-partisan races (the current most popular option) won’t cure the Caperton problem.  This leaves the federal method, nomination by the executive and confirmation by the equivalent of the senate.  Unfortunately, a constitutional amendment to do that in West Virginia will never pass.

So, more litigation, more lawyer fees, more time consumed in court dealing with Caperton motions.  The US Supreme Court will shy away from granting review in Caperton decisions but that merely means the law in this area will be developed in the federal courts of appeal.  What a waste.

The New Roof

“I hear you’re getting a new roof.”

“Yeah.  Kenny, the roof guy took a look at it yesterday.  Getting a good price.:”

“How much?”

“Four grand.”

“Not bad.”

“Yeah, Kenny showed me a picture.  Nails coming up through the shingles.  Had to be done.”

“Yeah.  Kenny shows that picture to everybody.”

 

Sports Interview

“Coach, you have your season openner coming up against State but after that you have your arch rival Capitol.  Are you planning to look passed State towards Capitol or are you going to take it one game at a time?”

“One game at a time.”

“Coach, are you going to rely on your veterans for leadership?”

“Yes.”

“Coach, are you going to play your game or are you going to let the other team dictate how you will play?”

“We’re going to play our game.”

“Coach, do you think the kids will play hard each game or just mail it in every once in awhile?”

“They’ll play hard every game.”

“Coach, if your team makes a lot of mistakes but still wins, will you take the win?”

“Yes.”

“Coach, is it about being lucky or making your own breaks?”

“Making your own breaks.”

“Thanks, coach. Great Interview.”

“Hey, thank you guys.  Great questions.”

And the Nominees Are ….

Best Comedy                Blazing Saddles

                                    The Birdcage

                                    Animal House

Best War Move              Apocalypse Now

                                    Patton

                                    Great Escape

Best Western                The Good, the Bad and the Ugly

                                    The Magnificent Seven

                                    Tombstone

Best Science Fiction      Star Wars

                                    2001 Space Odyssey

                                    Men in Black

Feel Good                     The Big Chill

                                    Rocky

                                    Rudy

                                    Apollo 13

Horror                           The Exorcist (no other nominees)

Best of its Type             Goldfinger (Bond movies)

                                    Titanic (historical)

                                    The Candidate (politics)

                                    Wall Street (business)

Adventure                      Raiders of the Lost Ark

                                    Bonnie and Clyde

                                    The French Connection

                                    Jaws

Musical                         Rocky Horror

                                    All That Jazz

                                    Fame

                                    Flashdance

 

Winners to be announced later ….. Vote by using comment section if you like

Suggestions for The Greenbrier

I am delighted that a West Virginian has purchased The Greenbrier.  Here are some suggestions for Mr. Justice and his advisors to consider:

1.  Maybe a West Virginia driver’s license could get you a 10% discount?  Everybody likes a discount.

2.  Put the casino away from the hotel.  Put some inexpensive rooms around it for those who really only want to gamble.  Don’t disturb the sleepy time down south “feel” of the main hotel.

3.  Entertainment at the casino is important. 

4.  Advertise, advertise, advertise.

5.  Offer speakers and seminars to guests.  The movie theater is usually empty during the day.  A history of The Greenbrier film would be nice too.

 

Gridlock in Charleston! Amazing

I guess I should be infuriated but I’m not.  The work on the South Side Bridge and shortly on the Elk River Bridge is creating rush hour gridlock in at least a four block area at the foot of the South Side Bridge.  Just like Los Angeles except there the gridlock stretches for miles.  Light changes, one car moves; light changes, no cars move.  It’s just down right cute.