From the archives

A real live e-mail exchange, with a member of the press from years ago:

From: O'Donna Ramsey [mailto:oramsey@coalfield.com]
Sent: Tuesday, March 27, 2001 3:24 PM
To: Steve Minor
Subject: Re: Monopolization on the Coalfields Expressway


Steve: Don't you have people to sue?
As you pointed out, monopolizing is probably not the appropriate word, but
that's what they say they are doing. At least that's how committee members
and the Lenowisco planner described it. Glad to hear you're still out
there, and you're still reading the world's best newspaper, even if we do
use the wrong words occasionally. . . .

---------------

O'Donna:

You wrote:

"Plans are to find ways of monopolizing on the expressway and to put those plans into action before the highway gets here, Pound Vision Committee member Kathy Roberson said following a recent meeting."

Are the people of Pound really trying to monopolize on the Coalfields Expressway? I'm not sure what that means. Perhaps the right word is capitalize, or maybe I missed the point altogether. When I was a kid, we monopolized on Mom and Dad's bridge table in the basement (I always wanted to be the banker.)

Still a dedicated reader in Bristol,

Steve Minor

Judge Williams in Travel and Leisure magazine

The September 2008 edition of Travel & Leisure magazine includes this article about Southwest Virginia, and the article includes some substantial reference to Judge Glen Williams.

The print version, just arrived, includes a fine picture of the Judge and his wife in Jonesville.

Evidently, this story was written right after our law clerk reunion in October 2006 - which, by the way, Senator Allen did not attend - but many others did. Maybe after two years it is time for me to hang the group photo on the wall in my office.

When is sugar not sugar

Yesterday's post resulted in the receipt of this story, said to be true:

"An ex-boyfriend was charged with putting sugar in his ex-girlfriend's gas tank. She saw him doing it and called the police. The police stopped his vehicle and found a gallon jug nearly full of sugar. Sugar was found in the girlfriend's gas tank, the car was damaged, sugar was spilt in the defendant's floorboard, etc.

During cross-examination, the clever defense attorney questioned the arresting officer about the gallon jug found in defendant's possession. Defense attorney asked if, in fact, any field tests had been done on the substance to prove that the white substance was sugar. The officer responded 'no, sir.'

The defense attorney, sensing a vulnerable prey, continued by stating 'That's right, officer. You really don't know what that substance is. For all you know, that white substance found in my client's car could be COCAINE, couldn't it?!'"

When is a firearm not a firearm

VLW Blog links here to this opinion from the Court of Appeals, in which the panel of Judges Kelsey and Petty and Senior Judge Bumgardner granted a writ of innocence.

And, the basis was evidence that the firearm was not a firearm.

Which makes me think of a case years ago, where a Bristol lawyer was defending somebody charged with transporting a truckload of marijuana, and he was going to try to prove that the stuff was not marijuana, and I think the plan was that since he had no expert witness he offered to prove this at trial by putting some in the Commonwealth's Attorney's pipe to see what would happen.

On trees and mining

The Bristol paper reports here on last week's proceedings in the Sierra Club case, including some quotes attributed to me.

Then, the same paper published a front-page story in the paper today, with the bold prediction that mountain-top mining will be outlawed by the end of 2009.

So long, Skip Caray

Who knows how many nights I've driven home from Bristol listening to the Braves on the radio, with Skip Caray making the call.

One of his calls that gives me a chill every time I see and hear it replayed on TV is described here, from the 1992 playoffs: "Here comes Bream! Here's the throw to the plate! He iiiiiiiisssssssss ... safe! Braves win! Braves win! Braves win! Braves win! ... Braves win!"

When he got excited, something exciting really was happening.

Fourth Circuit reverses NLRB on union decertification arising out of Wise County

In NLRB v. Mullican Lumber and Manufacturing, the Fourth Circuit in a published opinion by Judge Niemeyer, joined by Chief Judge Williams and District Judge Williams from Maryland, denied the NLRB's petition for enforcement and granted the company's cross-petition for review, concluding that the unfair labor practice charges against Mullican over its facility in Norton were deficient because the company had sufficient evidence that the majority of its employees there no longer wanted to be represented by the UMWA.

Oliver Hill's old home in Roanoke to become legal aid office

The Roanoke paper reports here that a childhood home of civil rights litigator Oliver Hill will become an office for Blue Ridge Legal Services.

More on the Dr. Shelburne case

Here is a anti-prosecution post about the Shelburne case, and here is the latest from the Bristol paper, about how the U.S. has noticed an appeal on the money laundering charges that were thrown out based on the Santos decision.

Just in case you were wondering

A panel of the D.C. Circuit has held in Adams v. Rice that "engaging in sexual relations" qualifies as a "major life activity" for purposes of the Rehabilitation Act.

Interesting

Here from the Chicago Tribune is another book review of Judge Martin Clark's latest book.

Here is a profile of Circuit Court Judge John Cook, after two months on the bench.

The Bristol paper has this report on the airport easement case that Jim Elliott and Lucas Hobbs from this office have appealed to the Virginia Supreme Court.

On the book by Judge Hudson of the E.D. Va.

Here on the VTLA website is a very interesting book review by Wyatt Durrette of the new book by his good friend, Judge Henry Hudson of the E.D. Va.

I have heard Judge Hudson speak only once, at the Judicial Conference.

Bad news

Colon cancer has taken away Tony Snow, who suffered for years from colitis, which poses the same cancer risk as Crohn's disease according to articles like this one.

One thing I would do if I had a motorcycle

I would join up with the first annual "Fire in the Hole" ride and rally, which covers this route:

• Highway 19 South to Alternate Route 58 West to Norton, VA.
• Highway 23 South to Big Stone Gap. VA.
• 1ft STOP: Powell Valley High School, Big Stone Gap. VA. (Rest/Fuel Break)
• Can you ride the TUNNEL? Must get through it to Highway 25E into Middlesboro, KY.
• 2nd STOP: Lunch break (several restaurants and gas stations).
• Route 119 North into Harlan and Whitesburg. KY.
• 3'd STOP: Letcher County Central High School. Stretch/Refreshments.
• Highway 23 South back into Norton. VA.
• Alternate Route 58 East to Moccasin Valley Rd. Route 613, Lebanon. VA.

And, I might pass the word to a few bikers I know, including Robbie Boggs, and Mike Abbott, and that woman lawyer down in Knoxville.

But then, I don't have a motorcycle, or even one of these.

LA Times review of third novel from Judge Clark

Here is a review in the LA Times of the latest from Circuit Court Judge Martin Clark, called The Legal Limit.

Interesting for other reasons

I have now read In the Kingdom of Coal: An American Family and the Rock That Changed the World, and it is not quite what I expected, but interesting nonetheless to the extent it is a history of Westmoreland Coal and the families behind it, including some history of their operations in Wise County, and of a family of miners whose later generations include the former Dodger and Red pitcher, Tim Belcher.

The book declares that one year Belcher made more money in major league baseball than the net of Westmoreland selling coal.

But, they beat the Wahoos every now and then

This post about the litigation between the University of Louisville and Duke over the cancellation of some football games raises some questions on the issue of what college football teams are of "similar stature" to the generally lousy Blue Devils.

And, the answer viewed one way is, Duke's no good so all are of "similar stature" or better, or viewed another way, Duke's no good and so few are of "similar stature" or worse.

Rick Sincere reports again from Monticello

Here is this year's report from Rick Sincere on the W.D. Va.'s naturalization ceremony at Monticello, attended today by President Bush.

Good one, gang

As Jerry Fuhrman points out here, it would appear that whoever wrote (or edited) the editorial on July 4th in the Bristol paper cannot subtract 1776 from 2008. My computer says the difference is 232.

The editorial begins: "At the ripe old age of 222 years, our great country remains more united than divided. That’s a pretty amazing feat – given the high-decible shouting in this election year."

The Boston Herald did the same thing, as it says here: "Even those for whom citizenship is not an immediate option, come here each year for the economic opportunities provided by this nation where for 222 years “all men” have been declared “created equal” and “endowed by their creator with certain unalienable rights that among these are life, liberty and the pursuit of happiness.”"

Perhaps some truths are less self-evident than others.

No incorporation of Second Amendment in Fourth Circuit?

"It is well settled law in this circuit that the Second Amendment does not apply to the States. Edwards v. City of Goldsboro, 178 F.3d 231, 252 (4th Cir. 1999). Because the Second Amendment does not apply to the States, neither a state law nor a local ordinance can run afoul of any right guaranteed by the Second Amendment."

Judge Morgan of the E.D. Va., in Szymecki v. City of Norfolk, Docket No. 2:08cv142, Opinion and Order of June 27, 2008.

A while back, Timothy Sandefur had this post on incorporation, one of several. The concept always makes me think of Abe Fortas played by Jose Ferrer arguing the right to counsel before the Supreme Court in the movie version of Gideon's Trumpet.