Listener Questions - Gabby Petito Case -Lenadro Case

Outlaw wall you're working to take some listener questions were in a recap of the recent updates of Land Rover case and we will also update some additional news item, said fax things about him and you jump to your thou, and now outlaw lawyer Josh Whitaker yellow lawyers. They are on the air, Josh Whitaker, Joe Haber, Whitaker and Hamer law firm 46 combined years of between these two and again offices in Raleigh, Garner, Clayton, Wellsboro, Fuquay veranda and little birds only possibly another office opening up will talk about that later but we get into so many things when it comes to legal talk so estate planning and administration, personal injury, criminal traffic, family law or real estate closings to meet it's all out there folks and we had a lot of topics you got any questions you can always call the show leave your question for the guys. 800-659-1186 at 800-659-1186 or you can email your questions to the show at questions@theoutlawlawyer.com and check out the website della lawyer.com I Morty Patrick consumer advocate fellows welcome in.

I understand you had a busy week so let's let's get right to it. Morgan good good to talk to you today I want the show is is dedicated to legal topics that we pick out of the news and and want to discuss. But there's one important new story that I don't think we can we can ignore at all.

You go first thing that was NC State. Upsetting Clemson thing is the biggest story liking breaking news NC State over Clemson, not the huge game we were, we were at the game so me and my wife are at that game with some friends. Good seats and it was it was great and was NC State fan talk to Joe about this earlier, but as an NC State plan, your you're always the underdog printed like it permeates every aspect of your life. So you're an underdog across the board. I think no way sister mindset is Joe there's a Duke fan is I think Dick and Carolina fans. You cut your race you have expectations you expect to win when you don't when you're upset and that's not how State fans are raised you're thankful for any any win and you don't want to jinx it but that was big time now's a good game to be at Josh, I gotta take issue with your assessment. Duke fandom there's other sports.

In addition to basketball. Josh and I Duke does have a football program hand, if your true Duke fan. You can follow every Duke sport down to women's field hockey it, whatever it literally you're a fan through and through and I understand what you're saying in regards to maybe the men's basketball program which again we could get into a debate because that expectation of success has its own drawbacks as well. I would argue you live a more fulfilling life as a state fan because you know you that your expectations being so low, man. You get these high moments something good happens can you can just feel really good about as opposed almost no perpetual disappointment when you're not achieving the highest of high achievements constantly whether there may be some truth is that I have. It would be nice to fill that that that the winning all the time or be disappointed with your two losses that great man, it's not. It's not that great. I'm telling you what I will say your family being Duke fans. You're one of the only Duke fans.

I know that really do support and and hang in there with football and that that is probably like being estate to some extent it's worse.

I think it's worse and I mean again. We had Smith been better recently. Not like in the immediate recency like the last couple years, but until we had some which at some higher highs we had in a while. But there was a long.

There man where it was about the worst thing you could be ill as far sports as far as just being so bad for so long. Again has been better. Recently we had some reason to believe we were true fans. May we stick it out.

We meet season-ticket holders for like 10 straight years. We went to lose to Richmond witness saw him lose to a lot of really bad teams man a lot of disappointment.

It really makes you a better person. I feel like your fans, it comes down to that in you and you fall your team. I get grief for being a Cowboys fan and 1995 as last time they played for all. So it's been a long long time.

I have a shirt that says Cowboys just do it not had several people go where they do exactly because currently they're struggling with their off to good start this year so I'm I'm hopeful as far as the college aspect. I'm on the elder statesman on the program and I came through you and see back in the mid to late 80s so we were coming off a championship in 82. Before I got there. State wanted and 83, and then do just absolutely went to town in the 90s and then it all started to go but back then those three schools were fantastic in this area. When it came to basketball was absolutely crazy but football we've always kind struggled yeah I know. I hope this is the beginning you state. I don't think anybody expects us to to run the tables. Wake Forest always gives us trouble Boston College is strong. We are working as a state fan you just savor the were still savoring Clemson at Louisiana Tech this Saturday boards in a savor this when no one's gonna make any crazy claims are not in a look at each other in the eyes.

No one's gonna blink when I talk anything else about it was a lot of fun and we talk about coded and mask mandates and and legal aspects of that a lot and course are outside work harder family were outside, but it was it was nice not have a mask on everybody seem to be having a good time. I discovered numbers are still going down course are my wrist feel I wasn't and that too old for that. But that was that was one and then another thing we did. We went to the hurricanes preseason game last night was interesting to see that being inside.

She did have a lot of folks who were doing the mask mask mandates and the hurricanes have a special check-in procedure so you had to login on your phone and answer some questions do you have a fever you know is a mighty quarantine that kind of thing you did ask about vaccination in nasty betting that stuff but yet past that little screening and they checked it. Everybody checked it so it's interesting to see how that that's affecting live sports both inside and and I'll Josh you mentioned you mentioned something about the covert numbers going down, I saw that as well watch the news last night.

Looks like across the board in the state of North Carolina. The covert numbers are dropping hospitalizations going down positive cases going down. Is it safe to say that NC State beating Clemson has cured coven, I think it's the I not only is it safe to say Joseph I think it's the only logical, reasonable conclusion one can take from that fact pattern just want to remind everybody. The opinions expressed on the show that already hosts and only the house and it's that science is anarchy. Keep arguing science man, but that was a hurricanes game – pretty pretty good time outside of the covert check-in and everything else again and it was good it was. It was lightly attended.

I was surprised I've never this is my first year really, you know Jeff talked about it before you not going to concerts last year not going to live sports like I was I was leaning for live stuff and so we have double down, got sickest every sport known to man guns and roses tonight at the PNC where one is as terrified as we are of coded we are put in the spheres behind us and we were were all land but I was surprised never been to a preseason hockey game since the hurricanes first came to Greensburg's is been a long time, but it was I would say it was lightly attended well I'm sure I feel like that's minutes preseason obviously but I feel like you cannot work in a sea a lot of attendance and I don't know that how they were to see any kind of co-vivid effect on the attendance for the hurricanes, especially if the team is is good the team is winning good fancier man. We have a strong fan base in this area and it's a good place to be and that's a great place to go see hockey as well. The airplane Tampa Bay and iodide boys with me. We could make it through the third. But we were.

We were up and it was their plan were loose in the first year by turning on the second. Is that real physical all of a sudden the second. But now it was a lot of fun. It's good to get out.

I think a lot of people we invite a lot of people to go with us. We had a we had a couple extra tickets and there's a lot of people I invited that you know really still understandably so concerned about coded are not ready to go anywhere like that, but that's the Clemson game was full man and and I think the guns and roses tonight. That's a sellout so anyway, it's interesting to see how everybody's Processing and try to protect themselves. The best way they see fit, but John remind you hear about the lawyer. Our goal is to talk about new stories and and things. The new cycle that that have a legal background, still and maybe where some of the major news outlets leave out like the attorney, the legal analysis we have not done that yet to show border.

Talk about a couple things that I think are interesting from a legal perspective. Thank you for the reminder Josh, I do tend to forget what the purpose of our show is and you know we we we can go intended sometimes but you were very busy in our day-to-day life. We don't really to hang out and spend as much time talking as we were probably like. So it's nice to be able to just catch up on.

Really, everything sports.

And then, dive into the more exciting legal aspects of life in the news today.

We spent some time last week talking about. I was mispronounced his name even those all over the news as it was Gabby's last name Tito Tito I think you do things potato and you don't find pronouncing to give yourself credit. I thought about that before. That's my that's my one that is my biggest flaw has been on job interview by Josh which would you think your biggest flaws that I cannot pronounce even the most basic last names correctly. It's just a problem that I have so I always assume that I'm wrong but so we got a couple of news update system that case and we can want take a legal legal look at it but dog the bounty Hunter got involved. I think Joe you dog the bounty Hunter is involved.

We try to cover every dog the bounty honey relate Hunter related store.

We can hear and this is been the only one that's happened since the snow started so but yet that dogs involved were also to talk about sovereign citizens and some scams and fraud and just discussing crazy happenings that have been in the news recently related to that and will take some listener questions as well. Josh Babbitt taken listener questions.

And while we been getting the men let them build up so were to go ahead and address that start talking here and some some things that the listeners are concerned with and try to answer those questions as best we can the lawyer read take a short break, Josh Whitaker and Joe Hamer, your house, Whitaker and Haber law firm 46 combined years experience offices in Raleigh, Garner Clayton, Goldsboro and Fuquay Green. If you got a legal question, and we do get into legal conversation that little bit of a sports talk break there, but we will get it legal conversation coming up on the other side. Here's the phone number you got any questions about your situation.

800-659-1186.

That's 800-659-1186, an attorney with the firm will be in touch can also email your questions and that's to do questions@theoutlawlawyer.com and check out the website again. The website is the outlier.com got some new happenings in the Leander case, Joan. I'll discuss buying years experience Ali Garner, Clayton Goldsboro and Fuquay.

If you got legal questions that through the course of this program and you want to ask those call this number, leave a message. Detailed obviously the number to get back in touch with you. 800-659-1186.

That's 800-659-1186 and you can email your questions to the program questions@theallalawyer.com will use those questions on upcoming program I Morgan Patrick consumer advocate in the course Josh Whitaker and Joe Hamer attorneys and we are all about the legal discussion guys what's up next. Will Morgan there was past couple weeks is been some updates and in what we call the Leandra case and meet spent some time on the program talking about the Leander case, but real quick. Bring your listeners up to speed. This is the case that started back in the 90s and it basically ate basically concerned how schools are funded by the state.

So you have some plaintiffs which were at the time students and I can't remember the specific counties with some counties where, rural counties, we don't have in a Raleigh needle have Charlotte you know schools are funded kind of odd to get money from the state to get money from the federal government to get money from their local counties and cities and towns and so to really oversimplify it.

These these plaintiffs were students in these rural areas that said hey when I get the same education that a kid growing up in Charlotte are grown up in Raleigh is because there schools are funded better. I never actually violates the North Carolina Constitution because the court in that case coming to the conclusion that there's a constitutional obligation to provide a certain level of of public education to those who want an answer. This funding was is was vastly different and if you ever get bored or want to look into it. Leandra Lot out what it text there a lot of lot of discovery, but the show a real bad funding in balance and I'm not here to Joe's not here to say you know how does funding affect education or you know what what do we have to spend on each student's ensure that they get the same educational opportunities as other students. That's what Leandra that's what that case set out to do. And so it's been going on. I think I heard someone say almost 3 decades now batting is 25+ years that this is been the case, which is kind of weird. So the case itself is odd and that is been going on for so long, but they make recommendations every year or so. Andrew, there's a judge in charge of the case and he hears evidence in economics recommendations.

Okay, these are things that need to happen so that we give every kid this opportunity for this constitutionally mandated Constitution. I'm talking about the North Carolina Constitution not U.S. Constitution but that's up that's a quick up this quick summary of an probably insufficient summary of Leandra's great love Josh felt fully up to speed now so that when I first started going to law school. I was an intern in the amendments in this and I was an intern for nonprofit looking at this case. After looking at it a couple years after File is not always all that the news item once or twice a year. I think Leandra will be around after I've left the earth. I think it's just that kind of case, but it's a weird turn this year because the judge ordered. They determined out of the breakdown to properly fund the school systems that are part of the lawsuit judge ordered a Guinness kind of a summary of the order, but he ordered the legislature to find $1.9 billion to bring these counties up to the constitutionally mandated level of funding and that's you know how are government set up judicial has these one powers executive has a power legislature has a power who has who holds the power to set a budget.

Yeah Josh we you mentioned earlier, the fact that were not here did to debate you know exactly what dollar amount constitutes a you know what's necessary to educate these children and and that's a fair point, but you know I think it's it's also irrational and it's reasonable to say that these these kids do deserve equal opportunities and gross disparities in funding, it logically follows that they're going to lead to disparity in the level of education that these kids are going to receive. So again when I can debate that point but we talk about the law and it's clear that the North Toronto Constitution says that these kids are entitled to these these equal opportunities and intent to kinda stamp out this disparity so we got an order from a judge in a judge's order things all the time right judge ordered your divorce judge order that you owe your credit card company $14,000 or that your neighbor needs to move your fence. That's kinda what a judge does us with the court system does they settle disputes and ends of the adjudicate things, but the legislature. The Constitution gives the legislature the power to confirm the budget put forth in him and confirm and improve the budget. Budgets what funds in theory to the North Carolina school system and in all kinds of other things. And so here we have a judge ordering the legislature to fund this Landrieu counties $1.9 billion. The legislature apparently didn't like that they in their budget thing in there setting the governor proposed budget set governors do that. Just like the presidents propose a national budget with fatal get final say on the budget. They say this is what I think we should do goes the legislature and I think legislature to govern the governor overfunded. I think the court orders 1.7 governor Cooper advised 1.9 I think legislature came back with 500,000 and said yeah, like you said Josh, it's, it's, you know, you pose the question to me, but it is unusual because you don't know it's it's generally not the place of the deed judiciary to just order these things and and impose these things from the bench is generally the that's where the legislator comes in and so is unique and you got such a gross disparity here. As far as what's being proposed and what has been no essentially put forth by the legislature.

Where is generally that's where these types of directives would come down from is an hour were in an interesting spot is this judge, who by eye but I'm not faulting the judge judge seems to be a fine judge I don't I don't know. This judge personally or anything but he's doing what he thinks is best for the case of an unusual case probably took an unusual order to try to try to rectify the wrongs it's trying to write Michelle legislature who is right in saying that you can't order us to budget right you can't order us to fund or not fund anything that's completely our constitutional right.

It looks like they haven't passed the final budget. There may be some negotiation will make it closer to that number. But, at least initially, it looks like they're not in the fully funded, and so what happens now you usually a judge be violated. Judge's order.

They got a lot of power. That's not something you want to do. They can hold you in contempt send you to jail find you judges can do a lot of stuff. If you violate one of their orders.

Judges are very important people, and you don't want to go sideways home on one of their orders. But what is Joe, there's the real answer this question, but what is the judge do here at the legislature does not comply with his order will Josh, you know the situation you presented in what you just described is the very definition of a slippery slope.

Talk about that slippery slope all the time here and and it really is a slippery slope man because you if you get into a situation where a judge can just hand down in order and essentially legislate from the bench. You know you cannot run afoul of our entire system of government, and you get to situations, like this one where you know it's not the process that traditionally and that has been established by the Constitution. It's not being necessarily followed here so it's a slippery slope and where is it in. If you start allowing this to occur in and in a judge can just mandate these things and to answer your question that I don't have the answer to question Josh yeah I know that I don't have a whole legislature in contempt. This is the kind of thing that attorneys find a lot of attorneys. Not all attorneys but I find it interesting what is what is going to happen is this judge just didn't happen and no go back to the drawing board and try to figure it out. Is there some method of contempt or you know I have no idea were really good for nothing that I think the legislature is is free to find as they as they see fit. I don't know about balancing of the equities in my car whole legal system the way our country, our state runs were always balancing equities were always balancing things and it's a balance like this on purpose, just like you said you can't you can't have a judge calling you running the school system or a running state or affecting the budget taking money away from other things in a and you know in a budget that the legislature she spit upon but anyway May 9 minute interest. Everybody Joseph but this kind of stuff really gets me out.

I think this is interesting all man.

I'm sitting here. My mouth is open, I'm drooling. I'm a little