Tuesday, November 20, 2007
Dogs and the law
On the same day the Roanoke paper ran this profile of Jill Deegan, a Botetourt County assistant Commonwealth's attorney who specializes in sophisticated handling of animal abuse cases, the story got out that the United States is looking to get about $1 million from Michael Vick for the cost of taking care of his old dogs.
Watch what you ask for
Here is the Virginia Supreme Court order from the case of the temporary injunction against the sale of the paintings, from this post of the Art Law Blog.
So, there you have it. I complain about not seeing the order, but no it was online after all. And, the order says - nothing in particular about the basis for the Court's decision.
You'd think that if the College is nearly broke, it is the side more likely to be irreparably harmed by a delay of six months.
So, there you have it. I complain about not seeing the order, but no it was online after all. And, the order says - nothing in particular about the basis for the Court's decision.
You'd think that if the College is nearly broke, it is the side more likely to be irreparably harmed by a delay of six months.
Monday, November 19, 2007
Reason No. 1001 why all orders and opinions should be published, on the Web, and in the public eye
The Lynchburg paper reports here, inscrutably, that the Virginia Supreme Court has reduced the bond necessary for a temporary injunction against the sale of those paintings in the Randolph College/Maier Museum case.
What? You can't tell from the news story whether this is an outrage or not. You can't tell from the website, because the Supreme Court won't publish orders like this, for reasons that make just about as much sense as their continued use of the courier font for their opinions - that is, no reason at all, that's just the way it has been done, just another random relic of history that's long since lost its purpose. Heck, even the State Department scrapped the courier font in 2004, as described here.
Now, font preferences are one thing, but the relative inaccessibility of the Court's orders is an issue of open government, and the current way of doing things is wrong, in my opinion, as I have said here many times.
What? You can't tell from the news story whether this is an outrage or not. You can't tell from the website, because the Supreme Court won't publish orders like this, for reasons that make just about as much sense as their continued use of the courier font for their opinions - that is, no reason at all, that's just the way it has been done, just another random relic of history that's long since lost its purpose. Heck, even the State Department scrapped the courier font in 2004, as described here.
Now, font preferences are one thing, but the relative inaccessibility of the Court's orders is an issue of open government, and the current way of doing things is wrong, in my opinion, as I have said here many times.
Sunday, November 18, 2007
Rosenstein nominated to Fourth Circuit
Also on November 15, President Bush nominated Rod J. Rosenstein from Maryland to succeed the late Judge Murnaghan on the United States Court of Appeals for the Fourth Circuit.
As previously noted, Maryland's senators are not on board with this nomination.
Here is an editorial from the Baltimore Sun, and here are stories from the Washington Post, the Baltimore Sun, and the Baltimore Examiner.
With the nomination of Mr. Rosenstein, there are now four nominations to the Fourth Circuit waiting Senate action, the others being Judge Robert Conrad of North Carolina, Steve Mathews of South Carolina, and Duncan Getchell of Richmond. There is one more vacancy to which no one has been nominated, to replace former Judge Luttig.
As previously noted, Maryland's senators are not on board with this nomination.
Here is an editorial from the Baltimore Sun, and here are stories from the Washington Post, the Baltimore Sun, and the Baltimore Examiner.
With the nomination of Mr. Rosenstein, there are now four nominations to the Fourth Circuit waiting Senate action, the others being Judge Robert Conrad of North Carolina, Steve Mathews of South Carolina, and Duncan Getchell of Richmond. There is one more vacancy to which no one has been nominated, to replace former Judge Luttig.
Two E.D. Va. judgeship nominations
According to this press release, President Bush has nominated Mark S. Davis to succeed Judge Ellis and David J. Novak to succeed Judge Payne.
Davis is a circuit court judge in Portsmouth, Novak is an assistant U.S. attorney.
Here are reports from the Daily Press, the Virginian-Pilot, and the Richmond Times-Dispatch, and here's a snippet from the AP.
Evidently, Senators Webb and Warner are both on board for these choices.
Judge Davis previously worked with the law firms of Carr and Porter in Portsmouth and McGuire Woods in Norfolk, or so suggests Westlaw. Mr. Novak was recognized last year along with others from the Moussaoui trial team, with the Attorney General’s Award for Excellence in Furthering the Interests of U.S. National Security.
Davis is a circuit court judge in Portsmouth, Novak is an assistant U.S. attorney.
Here are reports from the Daily Press, the Virginian-Pilot, and the Richmond Times-Dispatch, and here's a snippet from the AP.
Evidently, Senators Webb and Warner are both on board for these choices.
Judge Davis previously worked with the law firms of Carr and Porter in Portsmouth and McGuire Woods in Norfolk, or so suggests Westlaw. Mr. Novak was recognized last year along with others from the Moussaoui trial team, with the Attorney General’s Award for Excellence in Furthering the Interests of U.S. National Security.
Thursday, November 15, 2007
On Southwest Virginia courthouses
VLW Blog links here to this story in the Bristol paper that says Smyth County has agreed to spend $24 million to upgrade the courthouse at Marion.
I've been in the courthouse up there many times. I'm not sure that it is any worse or less secure than the courthouses in Lee County and Scott County, or Dickenson County and Buchanan County for that matter, but maybe it is. I don't know the set-up of the juvenile courts in those places, where the security risks are very real. The Tazewell County courthouse was redone and seems very nice. The Washington County courthouse is confusing but it has far better security than the others. The Wise County courthouse is also confusing but at least the main courtroom is pretty far from the street.
Michael Large has cool virtual tours of some of these buildings on his website.
Probably the most interesting looking was the federal courthouse they tore down in Abingdon.
Courthouse security is better everywhere now than it was. Years ago, while I was still in law school, I went to Russell County for the first time to see part of a murder trial, where the defendant was represented by John Lowe. During one of the breaks, I stood out on the front porch for a while looking out over the town when I realized the fellow standing next to me, having a cigarette and sharing the view, was the defendant.
The only "modern" building for miles around is here in Bristol. (The buildings in Christiansburg and Bristol and maybe Jonesville are, as I recalls, the only Southwest Virginia courthouses that didn't qualify for the book, Virginia's Historic Courthouses.) The story is often told that while the design of the Bristol complex was lauded as escape-proof, with underground connections between the jail and the court, supposedly the defendant at one of the early trials in the new building ran out of the courtroom and out the front door.
One retired local lawyer told a similar tale recently, or maybe it was the very same case, where his court-appointed client fled the premises after the jury had retired, prompting then-Judge Davis to comment that the defendant was apparently dissatisfied with his lawyer's summation.
I've been in the courthouse up there many times. I'm not sure that it is any worse or less secure than the courthouses in Lee County and Scott County, or Dickenson County and Buchanan County for that matter, but maybe it is. I don't know the set-up of the juvenile courts in those places, where the security risks are very real. The Tazewell County courthouse was redone and seems very nice. The Washington County courthouse is confusing but it has far better security than the others. The Wise County courthouse is also confusing but at least the main courtroom is pretty far from the street.
Michael Large has cool virtual tours of some of these buildings on his website.
Probably the most interesting looking was the federal courthouse they tore down in Abingdon.
Courthouse security is better everywhere now than it was. Years ago, while I was still in law school, I went to Russell County for the first time to see part of a murder trial, where the defendant was represented by John Lowe. During one of the breaks, I stood out on the front porch for a while looking out over the town when I realized the fellow standing next to me, having a cigarette and sharing the view, was the defendant.
The only "modern" building for miles around is here in Bristol. (The buildings in Christiansburg and Bristol and maybe Jonesville are, as I recalls, the only Southwest Virginia courthouses that didn't qualify for the book, Virginia's Historic Courthouses.) The story is often told that while the design of the Bristol complex was lauded as escape-proof, with underground connections between the jail and the court, supposedly the defendant at one of the early trials in the new building ran out of the courtroom and out the front door.
One retired local lawyer told a similar tale recently, or maybe it was the very same case, where his court-appointed client fled the premises after the jury had retired, prompting then-Judge Davis to comment that the defendant was apparently dissatisfied with his lawyer's summation.
On Steven Rose
The Johnson City paper has this obituary, which reads in part:
"Steven C. Rose was born in Kingsport, Tennessee, on January 18, 1952. Husband, father, son and lawyer, he passed away unexpectedly of a sudden heart attack at his home Tuesday morning, November 13, 2007. He was 55-years old.
Steve was the son of Cecil and Virginia Rose, and he was a life long resident of Kingsport. He graduated from Dobyns-Bennett High School in 1970, where he played on the varsity football team under coach Tom Pugh.
He attended the University of Tennessee at Knoxville where he graduated with honors with a degree in Business Administration. He attended the University of Tennessee Law School and graduated in 1977 and while attending was member of the school’s esteemed “Tennessee Law Review.”
He was admitted to the Tennessee Bar in 1977 and began practicing law as an associate at the law firm of Hunter, Smith & Davis. In 1983, he left Hunter, Smith & Davis and joined Mason Dixon Tank Lines, Inc. as Executive Vice-President. In 1984, he returned to the practice of law with M. Lacy West, deceased, under the firm name West & Rose. He practiced law with Lacy for 22 years and was joined in the firm by Lacy’s wife, Julia West, and recently by his son, Curt Rose. He loved the practice of law and was one of the fortunate few who got to make a living doing what he loved.
He served on numerous Boards of Directors including past President of Mountain Region Speech and Hearing, past President of Friends of Allandale and past President of Kingsport Swim Association. He also served as past President of the Kingsport Jaycees, past President of Rotary of Kingsport and past President of the Kingsport Bar Association. He recently had been appointed to and served proudly on the Tennessee State Judiciary Selection Committee.
Steve’s pride and joy was his family; he lived every day to the fullest and enriched the lives of those he had the pleasure to meet. He will be sorely missed by his family, friends and colleagues."
"Steven C. Rose was born in Kingsport, Tennessee, on January 18, 1952. Husband, father, son and lawyer, he passed away unexpectedly of a sudden heart attack at his home Tuesday morning, November 13, 2007. He was 55-years old.
Steve was the son of Cecil and Virginia Rose, and he was a life long resident of Kingsport. He graduated from Dobyns-Bennett High School in 1970, where he played on the varsity football team under coach Tom Pugh.
He attended the University of Tennessee at Knoxville where he graduated with honors with a degree in Business Administration. He attended the University of Tennessee Law School and graduated in 1977 and while attending was member of the school’s esteemed “Tennessee Law Review.”
He was admitted to the Tennessee Bar in 1977 and began practicing law as an associate at the law firm of Hunter, Smith & Davis. In 1983, he left Hunter, Smith & Davis and joined Mason Dixon Tank Lines, Inc. as Executive Vice-President. In 1984, he returned to the practice of law with M. Lacy West, deceased, under the firm name West & Rose. He practiced law with Lacy for 22 years and was joined in the firm by Lacy’s wife, Julia West, and recently by his son, Curt Rose. He loved the practice of law and was one of the fortunate few who got to make a living doing what he loved.
He served on numerous Boards of Directors including past President of Mountain Region Speech and Hearing, past President of Friends of Allandale and past President of Kingsport Swim Association. He also served as past President of the Kingsport Jaycees, past President of Rotary of Kingsport and past President of the Kingsport Bar Association. He recently had been appointed to and served proudly on the Tennessee State Judiciary Selection Committee.
Steve’s pride and joy was his family; he lived every day to the fullest and enriched the lives of those he had the pleasure to meet. He will be sorely missed by his family, friends and colleagues."
Tuesday, November 13, 2007
Why isn't the Ninth District part of the State of West Virginia?
This page purports to have the answer.
It says in part:
"Had the official split occurred 90 years earlier, the boundary may have been the crest of the Blue Ridge. Had the Civil War occurred in 1850, then West Virginia may have included what is now the Ninth Congressional District. Once the Virginia and Tennessee Railroad was built, connecting Southwest Virginia with Tidewater ports, subsistence agriculture was replaced with a cash economy based on tobacco. As part of the cultural change, slavery became more common in the region - and of course the counties went into debt to help finance the railroad. The boundary commission that recommended what counties should be included in the new state purposefully excluded those counties with a heavy debt load."
It says in part:
"Had the official split occurred 90 years earlier, the boundary may have been the crest of the Blue Ridge. Had the Civil War occurred in 1850, then West Virginia may have included what is now the Ninth Congressional District. Once the Virginia and Tennessee Railroad was built, connecting Southwest Virginia with Tidewater ports, subsistence agriculture was replaced with a cash economy based on tobacco. As part of the cultural change, slavery became more common in the region - and of course the counties went into debt to help finance the railroad. The boundary commission that recommended what counties should be included in the new state purposefully excluded those counties with a heavy debt load."
On the Civil War origins of the Virginia church property statute
This interesting article from the Washington Times about the pending litigation in Northern Virginia over the division of church property on account of splits within the Episcopal Church traces the origins of the statute at issue, Va. Code 57-9, to the day when congregations split over the issue of secession, prior to the Civil War.
The article begins:
"The largest property dispute in the history of the Episcopal Church, brought on by divisions over a homosexual bishop, is likely to turn on a Civil War-era Virginia law passed to govern churches splitting during disputes over slavery and secession," and notes that "many of the documents filed by the breakaway churches talk of 1860s splits among Baptists and Presbyterians over slavery and secession, including an 1867 article in the New York Times."
The article begins:
"The largest property dispute in the history of the Episcopal Church, brought on by divisions over a homosexual bishop, is likely to turn on a Civil War-era Virginia law passed to govern churches splitting during disputes over slavery and secession," and notes that "many of the documents filed by the breakaway churches talk of 1860s splits among Baptists and Presbyterians over slavery and secession, including an 1867 article in the New York Times."
Monday, November 12, 2007
Worth reading
Over the weekend, I read Dominion of Memories: Jefferson, Madison, and the Decline of Virginia, an excellent book. The subject matter is the economic and political decline of Virginia from 1820 to 1860. Previously, I linked to a review of this book.
One of the many themes is that you can find a quote from Jefferson (or Madison) to support about any proposition, at least as regards the balance between state and federal power - for better and for worse.
Another theme is that at least to some degree, Virginia's elite had choices, and what they chose was to cling to their own wealth and power at the expense of democracy and progress, for reasons both rational and irrational, with results that were both predicted and predictable.
I wonder how this book compares with, for example, The Decline and Fall of the British Aristocracy.
The author Susan Dunn is cited in this article, in the Washington Post.
One of the many themes is that you can find a quote from Jefferson (or Madison) to support about any proposition, at least as regards the balance between state and federal power - for better and for worse.
Another theme is that at least to some degree, Virginia's elite had choices, and what they chose was to cling to their own wealth and power at the expense of democracy and progress, for reasons both rational and irrational, with results that were both predicted and predictable.
I wonder how this book compares with, for example, The Decline and Fall of the British Aristocracy.
The author Susan Dunn is cited in this article, in the Washington Post.
Friday, November 09, 2007
Wednesday, November 07, 2007
A few election notes
Among the races I noticed:
Ex-mayor of Roanoke Ralph Smith got into the Senate.
VBA Board member Robert Hurt got into the Senate.
Bill Carrico and Anne B. Crockett-Stark stayed in the House.
Poindexter beat Ferguson, in that wacky race.
Neo beat Tolliver for Commonwealth's Attorney, as Buchanan County entered the Matrix.
The incumbent Short beat the challenger Short for Commonwealth's Attorney in Dickenson County.
In Lee County, everyone who testified for the plaintiffs in the Chadwell and Laster (not Lester) trial lost - D.J. Barker, Pete Sumpter, Robin Robbins - but Bill Willis and Ty Harber got back in, and John Marion was re-elected, so three-fifths of the 2000 school board will be reunited in 2008.
The clerks of court in Russell County and Montgomery County got voted out.
Sheriff Broadwater got voted out in Scott County.
Here in Washington County, Mark Graham lost to Tricia Phipps by a wide margin in the race for clerk of court.
In Wise County, only one D. Mullins was elected, and Rocky Cantrell did not get in for School Board.
The most provocative result was for Dickenson County School Board - William A. "Bill" Patton 496, Write-in 496.
Ex-mayor of Roanoke Ralph Smith got into the Senate.
VBA Board member Robert Hurt got into the Senate.
Bill Carrico and Anne B. Crockett-Stark stayed in the House.
Poindexter beat Ferguson, in that wacky race.
Neo beat Tolliver for Commonwealth's Attorney, as Buchanan County entered the Matrix.
The incumbent Short beat the challenger Short for Commonwealth's Attorney in Dickenson County.
In Lee County, everyone who testified for the plaintiffs in the Chadwell and Laster (not Lester) trial lost - D.J. Barker, Pete Sumpter, Robin Robbins - but Bill Willis and Ty Harber got back in, and John Marion was re-elected, so three-fifths of the 2000 school board will be reunited in 2008.
The clerks of court in Russell County and Montgomery County got voted out.
Sheriff Broadwater got voted out in Scott County.
Here in Washington County, Mark Graham lost to Tricia Phipps by a wide margin in the race for clerk of court.
In Wise County, only one D. Mullins was elected, and Rocky Cantrell did not get in for School Board.
The most provocative result was for Dickenson County School Board - William A. "Bill" Patton 496, Write-in 496.
Tuesday, November 06, 2007
Worth 1,000 words
I told Jina Sauls that this picture would be popular.
Here are Stephen Armstrong, Whitney Caudill, The Honorable Robert J. Humphreys, myself, and Lindsay Brubaker. The story is here.
Here are Stephen Armstrong, Whitney Caudill, The Honorable Robert J. Humphreys, myself, and Lindsay Brubaker. The story is here.
Monday, November 05, 2007
Bloggables
Here's a story from the Norfolk paper on the plethysmograph case, out of Tazewell. It quotes Steve Emmert, who wonders, how will Judge Vanover forget the bad evidence on remand? The case is Billups v. Com., an opinion by Senior Justice Russell, reversing the Court of Appeals. Justice Kinser wrote a separate concurring opinion, joined by Justice Agee. My post about the panel decision of the Court of Appeals is here.
Here's a story from the Lynchburg paper on the DUI case, which says you can't be under the influence of drugs if they weren't "self-administered." The case is Jackson v. Com., an opinion by Chief Justice Hassell, reversing the Court of Appeals..
Mr. Gibson at the Charlottesville paper had this piece on why using bad drivers as a fund-raising tool is bad policy. Here's the full research report. The Media General story was published in the Bristol paper next to an article about how Sheriff Newman in Washington County uses bad drivers as a fund-raising tool - but the paper endorsed him anyway.
This story from the Roanoke paper says a writ panel declined the petition for appeal of MeadWestvaco in a $7 million suit against Buena Vista.
Here's a great profile of a former mayor and state court judge from Alexandria, who decided after he got married at age 76 that he should have tried it sooner.
Here's an opinion from the D.S.C. that says a blogger is not liable for calling someone a "yes man", but the yes man's lawyer is liable to the blogger for filing a bogus lis pendens on his real property.
This article from the Fredericksburg paper says a panel of the court of appeals is going to have a session there, while this article says the court of appeals affirmed the conviction in a pit bull case. The pit bull case is Large v. Com.
Here's a funky story on the mud in the Wise County clerk's race.
Here's somebody's alternative take on the Judge Shull case.
E.D. Va. order of acquittal in money laundering case reversed
In U.S. v. Hoffler-Riddick, the Fourth Circuit in an unpublished per curiam opinion for the panel of Judges Traxler and Shedd and District Judge Moon of the W.D. Va. reversed the District Court's order directing an acquittal on the money laundering charges against a former local government employee from Norfolk, whose financial advisor boyfriend set up a transaction to help a drug dealer with no credit history.
Worth reading, every word
The most recent edition of the VBA Journal contains the remarks of Supreme Court Justice Robert H. Jackson, delivered to the Summer Meeting of The Virginia Bar Association in 1947, about the Nuremberg trials, in which he was a prosecutor for the United States. He concluded: "We have given the world an example of a trial and hearing instead of executing people in cold blood."
Other speeches made by Robert H. Jackson can be found here.
The Virginia Holocaust Museum in Richmond has been working on a Nuremberg trials courtroom exhibit.
Other speeches made by Robert H. Jackson can be found here.
The Virginia Holocaust Museum in Richmond has been working on a Nuremberg trials courtroom exhibit.
Saturday, November 03, 2007
On the passing of a Sunday School teacher
H.C. Kiser, Jr., died this week. A short obituary is here, and it says in part: "He touched many lives with his testimony of his World War II POW experiences and his desire for everyone to know the Lord as revealed in his favorite Scripture, "Jesus says, I will never leave you or forsake you" (Hebrews 13:5)."
I've mentioned before the book about him.
Here is a short excerpt from the book, retelling the story I heard parts of at different times over thirty years ago. The date was October 12, 1944, American airman H.C. Kiser was 19, his bomber was on fire in the sky over Italy, and he was confronting the first crisis of his life:
"H.C. could look out on either wing and see smoke and flames coming out of the engines. He knew, perhaps, it would just be a matter of time until the plane exploded. H.C. and Doug Johnson, both waist gunners, were to bail out of the same escape hatch. Their oxygen was gone, and they were gasping for breath. . . .
H.C. had on fleece-lined gloves, and he crawled over to a metal door handle marked 'Pull in case of emergency.' He pulled his right glove off and grabbed the handle. His hand stuck to the door latch. Gasping for breath, he couldn't release his hand. The other waist gunner, Doug Johnson, came over and put his hand over H.C.'s. They both pulled, and the big door blew off into space. A 50-below-zero wind came rushing up and hit them in the face. They regained their senses from the blast of cold air and began to argue who would jump first - neither of them had ever jumped.
During the course of the argument, Doug pointed at H.C.'s chest parachute. His parachute had popped open when the plane was hit. The ripcord that he was to pull for a successful shoot opening was gone. The contents of the parachute had popped out into the plane and were scattered all up and down the waist of the plane. . . .
Doug said he wouldn't jump without helping H.C., and there were no extra parachutes on the plane. H.C. told him not to risk his life. After much hesitation, Doug jumped. H.C. watched him as he cleared the plane and reached for the rip cord; he pulled it and the parachute successfully opened.
[H.C.] crawled on his hands and knees down through the fuselage of the plane, gathered up all of the tangled shroud lines and the canopy of the parachute, and crawled back to the escape hatch. H.C. had gathered the parachute into a large bundle. In fact, the bundle was larger than the opening out of which he was to bail. H.C. kept trying to compress it small enough to get out of the door.
Finally he did this and began to pray: 'Lord, I don't know what to do, but I just pray that you will help me make the right decision: should I bail out or should I right this burning bomber down?' H.C. said, 'I had seen many planes go down and they usually burst into flames. It seemed like the Lord just said, 'H.C., I am a God of miracles; and if you will just leap out into space with a torn parachute, I will show you that I am a God of miracles.' Some time back in his Sunday School class, as a teenager, H.C. had a teacher who said when the book of Acts was finished that God no longer had to do these mighty miracles as He did when he was here among men. H.C. said, 'I knew that if I was going to live, it would take a miracle from a might God.'
He leaped out of the plane. As he saw the plane's rudder and tail section go by, he unfolded his arms and the parachute went up in a tangled mess. H.C. began to pray that God would open the parachute. He was falling faster and faster, and the parachute hadn't opened. H.C. began to make a lot of promises to the Lord. H.C. said, '. . . I looked at my little Bulova wristwatch and I said, 'Lord, perhaps in the next few minutes I will face death because this parachute isn't opening, and I just want to praise you this morning for the fact that you have taken all fear out of death; I am not afraid to die. Lord, I am nineteen years old. If you would see to open this parachute, I will witness for you every opportunity. Lord, I am so young to die, and I am thousands of miles away from my Godly parents, grandparents, and my pastor. Lord, it is just you and I here now, and I pray to you. I haven't been a Christian long, Lord, but I pray that you will let me live.' Still nothing happened. I told the Lord that maybe this problem was just too big for him, that even He couldn't open a tangled mess. When I told Him He couldn't, He showed me He could. The parachute opened with a terrific bang. I bit my tongue, my boots almost flew off, and I began to praise the Lord Jesus because this was truly a miracle.'"
Called to Be His Servant, H.C. Kiser, Jr.: A Biography, by Beverly Harding-Mullins, pp. 27-29, ISBN No. 0966451104.
I've mentioned before the book about him.
Here is a short excerpt from the book, retelling the story I heard parts of at different times over thirty years ago. The date was October 12, 1944, American airman H.C. Kiser was 19, his bomber was on fire in the sky over Italy, and he was confronting the first crisis of his life:
"H.C. could look out on either wing and see smoke and flames coming out of the engines. He knew, perhaps, it would just be a matter of time until the plane exploded. H.C. and Doug Johnson, both waist gunners, were to bail out of the same escape hatch. Their oxygen was gone, and they were gasping for breath. . . .
H.C. had on fleece-lined gloves, and he crawled over to a metal door handle marked 'Pull in case of emergency.' He pulled his right glove off and grabbed the handle. His hand stuck to the door latch. Gasping for breath, he couldn't release his hand. The other waist gunner, Doug Johnson, came over and put his hand over H.C.'s. They both pulled, and the big door blew off into space. A 50-below-zero wind came rushing up and hit them in the face. They regained their senses from the blast of cold air and began to argue who would jump first - neither of them had ever jumped.
During the course of the argument, Doug pointed at H.C.'s chest parachute. His parachute had popped open when the plane was hit. The ripcord that he was to pull for a successful shoot opening was gone. The contents of the parachute had popped out into the plane and were scattered all up and down the waist of the plane. . . .
Doug said he wouldn't jump without helping H.C., and there were no extra parachutes on the plane. H.C. told him not to risk his life. After much hesitation, Doug jumped. H.C. watched him as he cleared the plane and reached for the rip cord; he pulled it and the parachute successfully opened.
[H.C.] crawled on his hands and knees down through the fuselage of the plane, gathered up all of the tangled shroud lines and the canopy of the parachute, and crawled back to the escape hatch. H.C. had gathered the parachute into a large bundle. In fact, the bundle was larger than the opening out of which he was to bail. H.C. kept trying to compress it small enough to get out of the door.
Finally he did this and began to pray: 'Lord, I don't know what to do, but I just pray that you will help me make the right decision: should I bail out or should I right this burning bomber down?' H.C. said, 'I had seen many planes go down and they usually burst into flames. It seemed like the Lord just said, 'H.C., I am a God of miracles; and if you will just leap out into space with a torn parachute, I will show you that I am a God of miracles.' Some time back in his Sunday School class, as a teenager, H.C. had a teacher who said when the book of Acts was finished that God no longer had to do these mighty miracles as He did when he was here among men. H.C. said, 'I knew that if I was going to live, it would take a miracle from a might God.'
He leaped out of the plane. As he saw the plane's rudder and tail section go by, he unfolded his arms and the parachute went up in a tangled mess. H.C. began to pray that God would open the parachute. He was falling faster and faster, and the parachute hadn't opened. H.C. began to make a lot of promises to the Lord. H.C. said, '. . . I looked at my little Bulova wristwatch and I said, 'Lord, perhaps in the next few minutes I will face death because this parachute isn't opening, and I just want to praise you this morning for the fact that you have taken all fear out of death; I am not afraid to die. Lord, I am nineteen years old. If you would see to open this parachute, I will witness for you every opportunity. Lord, I am so young to die, and I am thousands of miles away from my Godly parents, grandparents, and my pastor. Lord, it is just you and I here now, and I pray to you. I haven't been a Christian long, Lord, but I pray that you will let me live.' Still nothing happened. I told the Lord that maybe this problem was just too big for him, that even He couldn't open a tangled mess. When I told Him He couldn't, He showed me He could. The parachute opened with a terrific bang. I bit my tongue, my boots almost flew off, and I began to praise the Lord Jesus because this was truly a miracle.'"
Called to Be His Servant, H.C. Kiser, Jr.: A Biography, by Beverly Harding-Mullins, pp. 27-29, ISBN No. 0966451104.
Friday, November 02, 2007
Ex-judge Shull
The Supreme Court ordered today, at the conclusion of this opinion, that "that James Michael Shull be removed immediately from the office of Judge of the Thirtieth Judicial District, pursuant to Article VI, § 10, of the Constitution of Virginia."
The opinion says: "Initially, we note that the record before us contains many letters from attorneys, court personnel, and local citizens, who have written in support of Judge Shull’s professional reputation and service to his community."
One of those letters was from me, and it said this:
"To Whom It May Concern:
Re: Judge Michael Shull
I have practiced law in Southwest Virginia since the Fall of 1990 and known Mickey Shull for some years. Mr. Shull is an engaging individual with a lively mind. He is smart and he is quick, and he is very empathetic. He has done a lot to help friends of mine from Scott County. He made an excellent living as a lawyer working out of a storefront office, with cases in every courtroom. When I learned that he was a candidate for the judgeship he now holds, I wrote to Senator Wampler to tell him that I supported Mr. Shull, and expressed the view that these qualities - his sharp intellect, desire to help people - would allow him to become an excellent juvenile judge.
Most of the time I have spent with Judge Shull (since he became a judge) has been talking about public affairs with him and other lawyers over lunch or at the courthouse. I have not appeared before him, but I have done my best to follow his career. What I have heard is that he does the Court's work with a high level of energy and that he does a good job discerning and applying the law.
I have no knowledge of the particulars of the complaint against Judge Shull that has been reported in the newspapers. It is my firm belief that Judge Shull is unbiased in his work and perfectly suited to dispense equal justice under the law, to persons of all kinds. His personality and manner of expression might not always make a good impression - sometimes he talks too loud and says too much. In spite of these quirks, I think he is a good man and so far as I can tell, a good judge also."
That's all I have to say about that.
The opinion says: "Initially, we note that the record before us contains many letters from attorneys, court personnel, and local citizens, who have written in support of Judge Shull’s professional reputation and service to his community."
One of those letters was from me, and it said this:
"To Whom It May Concern:
Re: Judge Michael Shull
I have practiced law in Southwest Virginia since the Fall of 1990 and known Mickey Shull for some years. Mr. Shull is an engaging individual with a lively mind. He is smart and he is quick, and he is very empathetic. He has done a lot to help friends of mine from Scott County. He made an excellent living as a lawyer working out of a storefront office, with cases in every courtroom. When I learned that he was a candidate for the judgeship he now holds, I wrote to Senator Wampler to tell him that I supported Mr. Shull, and expressed the view that these qualities - his sharp intellect, desire to help people - would allow him to become an excellent juvenile judge.
Most of the time I have spent with Judge Shull (since he became a judge) has been talking about public affairs with him and other lawyers over lunch or at the courthouse. I have not appeared before him, but I have done my best to follow his career. What I have heard is that he does the Court's work with a high level of energy and that he does a good job discerning and applying the law.
I have no knowledge of the particulars of the complaint against Judge Shull that has been reported in the newspapers. It is my firm belief that Judge Shull is unbiased in his work and perfectly suited to dispense equal justice under the law, to persons of all kinds. His personality and manner of expression might not always make a good impression - sometimes he talks too loud and says too much. In spite of these quirks, I think he is a good man and so far as I can tell, a good judge also."
That's all I have to say about that.
Thursday, November 01, 2007
New bankruptcy judge in Norfolk
The Norfolk paper says here that Frank J. Santoro is the new bankruptcy judge of the E.D. Va. at Norfolk.
Tuesday, October 30, 2007
Shutdown plus 60 days wages equals no WARN Act violation
In Long v. Dunlop Sports Group, the Fourth Circuit in an opinion by Judge Motz, joined by Judges King and District Judge Robert Conrad, held that the employer did not violated the WARN when it shutdown without prior notice but continued to pay wages to the plaintiffs for an additional sixty days. The Court concluded "that the employer did not violate the WARN Act because no employee suffered an employment loss as a result of the plant shutdown until 60 days after the employer provided notice of it." The Court also observed: "When an employer commits to continue payment of wages and benefits to its employees, the employment relationship has not ended."
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