10 Burst results for "Joe Hammer"
Unorthodox
"joe hammer" Discussed on Unorthodox
"Has said for myself, how to adopt that. Yeah, it's a practice, and so it's even having compassion for the lack of compassion, right? It's like the meta layers of, oh, there's my perfection as high. Hi, you can come in, you can come in, I'm going to practice inviting you in instead of hating the part of me that's self critical because then we're in that additional layer of self criticism that we make room in the book I talk about drawing out the table, right, of psyche. And at the head of the table is that inner parent, who we are growing all the time, to be that voice of compassion and wisdom and graduate. And the compassionate friend, how would I respond to a friend in that moment? In this moment, when I hear that critical voice coming in, when I hear that demand, there has to be this and I should be more disciplined, and I should, shouldn't all the shoulds, right, that are incredibly unhelpful. There's my perfectionist, how would I respond to a friend in this moment and practicing that voice? Practicing that way of responding. And also what I say to younger people is that some of it happens with time, you know. Some of it is just what happens when you grow up and you are on a path of inquiry and reflection in spirituality and grappling that some of it just starts to fall into place because 30s, there's a lot of unknown and ungrounded Ness and who am I and what am I doing? What's my place in the world? And then there are just certain mindsets that I find incredibly helpful with perfectionism. And one is, am I here to serve? And is this whatever I'm offering, is it of service? And if I'm here to serve, that it doesn't really matter so much how it's received, is it perfect? No one actually cares about any of that. What they're caring for is your heart is your intention. That's what they care about. And so it's coming back to intention all the time every day. How can I best serve? How can I be of service? And I'm going to put it out into the world every time I write a blog post. Every time I hit publish, every time I post on Instagram, of course there's a part of me that's like, is it good enough? Or is it going to land? Is there a typo? Oh no. And then it's, oh, hi, hello, perfectionist. I'm going to set you over here. I'm not going to kick you out of the room, but I'm just going to set you over here and trust that whatever I'm sharing if it touches one person, that is enough. If it touches one person and it makes them think about something in a new way in a more compassionate way. If it's softens the voice of shame, that's enough. When I asked you about coming on this podcast, I told you it would be right to omer, and you said, I love counting the omer. And so I'm curious, what do you love about counting the omer? Well, I love all Jewish practice, and I will say that I fail a ton. I miss most of it. It's like what? 49 days. I probably, I'm all going home in the beginning. Of course, completely into it. And then it falls away and then I have to watch the guilds and then I work with that and I just love Jewish practice. I love that these practices exist. The main road map that I've used for counting the omer comes from rabbi Joe hammer and I took a class with her called wheel of the year and she shared this PDF where each day she would talk about that days sphero the blending of the skirt as a biblical female. Cool. Yeah, it was really, it's a really cool way of bringing the feminine into this practice of how does Ruth embody Hesse without each one. And so I love that. Yeah, Miriam. All these people are who knew they were 49. But apparently. So when I've done it, I've just used it as a journaling practice to take her prompt or her paragraph and ask, how does this relate to my life today? What is one piece I can extract from it that feels meaningful for me? That's bringing your heart to Judaism and I think that's what we're all called to do, and it looks different for everybody. Here I am affirming you. You're doing great. Thanks. That's The Rain Judaism. Thanks. I feel I feel lighter and I am so grateful to you. I'm grateful for you and for your existence in the world and you're feeling compelled and strong enough to express yourself the way that you do. You've completely changed my life and you've also completely changed my own air and helped me feel the expansiveness of this week and really tap into that. So I'm eternally grateful to you. Thank you, Kylie. So beautiful to hear and receive. Thank you. I don't know if you can hear it in my voice, but I came out of my conversation with Cheryl feeling lighter. It feels like the conversational version of getting a massage. I feel the same kind of relaxed, self contentment that I felt yesterday with my dew. I rarely experienced this in a human being, but it felt like she embodied the trait of reset as dossi explained it to me. She had this expansive nature that made it feel like however I show up with her is okay. You talk to her and you feel the sense of loving space that is hard to explain, but hopefully something that came through the audio the way that I felt it. She is truly tested embodied. And beyond that, she helped me feel like my work is accepting myself exactly as I am. Not trying to correct the things I feel are problems or ridding myself of the shame, but accepting all of it as part of me. Also felt amazing to hear that perfectionism isn't necessarily something that can be unwired. It just is. And so with the feeling of lightness and the sense of comfort I have with myself to carry me through the day, tomorrow I'll wrap up the first week of the omer with a reflection on he said and all that I've learned this week. Until then, I'm Kylie lynell, and this is 49 days to stretch my soul. Friday. Hey, I'm Kylie and welcome to 49 days to stretch my soul. You might notice that this episode came out at 2 o'clock eastern on Thursday. And here's why. Tonight is the beginning of the end of Passover, and it's a holiday where I won't be listening to podcasts. I decided to release this early for the people out there like me. That being said, do whatever you want. This podcast is all about my Jewish journey, and whenever you decide to listen is a part of yours. I started this week thinking I was going to have an easy week. I could not have been more wrong about that. That's not because the trait of this week has said is actually a difficult one to put into practice. I think for a lot of people, it's probably pretty easy. But for me, it meant letting go of my idea about what it means to accept myself and instead give myself the space to simply be. It reminded me a lot of my experience in the final week of my elbow work, where I gave myself the task of just being in LOL. I went out into nature and talked to God, brought my Friends together to give me criticism and engaged in a prayer meditation for the first time,.
106.1 FM WTKK
"joe hammer" Discussed on 106.1 FM WTKK
"To that law lawyer. It's Josh Whitaker and Joe Hammer of Whittaker and Hammer here with you, Um We're going to talk about the innocence Commission. Joe tell me a little bit about it. Yes. So the North Carolina Innocence Inquiry Commission, which will just affectionately referred to as the North Carolina Innocence Commission. It's the first of its kind in the nation. It's a commission that was created by the North Carolina General Assembly in 2000 and six and actually began operating in 2000 and seven since then, the commission's reviewed over 2500 innocence claims and conducted multiple hearings. The commission's basically charged with providing an independent and balanced true seeking forum for credible post conviction. Claims of innocence in North Carolina. It's a separate body from the traditional appeals process, so the commission doesn't come into play if you're falsely convicted. A defendant would still file appeals. And if accepted, go to the Supreme Court if needed. It's just kind of an additional vehicle to pursuing, You know, justice in the case of an erroneous decision. Joe when I was doing are when I was doing our research, you know, I'm generally as as attorneys were generally generally aware of the existence of this body, but I didn't know too much about the creation of it. Um, And so it was a statute it was created by the General Assembly. It's created by statute. I know a lot of times on the outlaw lawyer. We like to go back and look at the statute because you know, like we did with the dangerous dog statute. I don't know that I've ever read the dangerous dog statute before our before our show on it. But anyway, I'm a shortness to the commission. The commission that's better than what But the car, the car, uh and the C. The Big C. The commission does a lot of good work and it is it is different and separate. Like Joe said It is not. You know, if you get convicted of a crime, you're still responsible for trying to get heard Court of Appeals. Taking it to the Supreme Court. You have to exhaust all your administrative options, so that's one. There's a couple of different criteria. You have to meet to get considered by the commission. Um, but they have been doing a lot since they were operating. So I think the statute passed in. Oh, six. They began. They began operating in those seven and since Oh, seven, I went to their website looks like they have received 2939 claims of innocence. Um, they've got 29 claims so far in 2021. They've had 17 hearings and 15 exoneration. So we've got 15 folks convicted of fairly Serious crimes who have had their convictions exonerated. Um and so that's always a good story. You know, we would. We would argue as attorneys. We have one of the best judicial systems in the in the world, and it's but it is not perfect and it can be biased and it's just as imperfect as the people that operate it and serving the Juries and Serving the judiciary, so to have a body that can review this is I think very important and when it opened when they started, it was the first of its kind in the nation, and I really don't think I I went back to do some research, and I got back as far as 2018. I didn't see any other state doing anything similar to this, Um, still Yeah, and and like you said, we don't have an infallible system because of the fact that it's just at the end of the day as good of a framework as we may have for our legal system, it's just people who are imperfect. Mistakes are made biases, prejudices. There's all kinds of issues with the system, and we do the best we can. But at the same time, the fact that we have this vehicle to look back at things to make sure that anyone who has has been wrong by some injustice can get some relief. I think it's a great thing. And like you, said 15 exonerations. I mean, I think one exoneration is would be enough to justify the existence of the program and the fact that you've got 15 people wrongfully convicted that have been able to Find some relief. How great is that for those folks? Yeah, we'll talk a little bit about what it takes to apply to the commission. Like you said. These are fairly serious offenses. You're not applying to the Innocence Commission to get you out of a traffic ticket. I mean, these are these are major things and so too, in order to apply directly You must be claiming complete factual innocence for the crime for which you were convicted and any related and or lesser offense, So it can't be something you know years, claiming that It's a lesser degree. It's got to be complete factual innocence for both the crime which which you were convicted and or any lesser offense, and you also have to be convicted. Like you said of serious serious crimes, which include homicide, robbery, sex offenses, or class A through e felonies in North Carolina State court. Right. So you can't be convicted of first degree murder and make a claim to the commission and say it should have been manslaughter because that would be a lesser included offense of first degree murder. So you have to be completely innocent. Um, Charlie, the innocence commissioning it is, um in order. So the commission that's what you have to have and so forth in order for the commission to actually review your claim. In addition to being completely innocent and to having a serious offense, you have to, um it has to be a credible and verifiable evidence of innocent so they can review the transcripts from your cases. You know, they can review everything that's already there. But they need new evidence of innocence that the jury In your conviction did not hear that was not available or was not available prior to a plea or a jury trial. So your your criminal charge when it was finalized, there's there's evidence that was either withheld wasn't available. A lot of these have new DNA evidence because there's new, You know, a lot of these are from the eighties and the early nineties, There's new test and and so there has to be some new evidence. And I think you see when you look at the number of claims received verses, the number of hearings you know, you've got almost 2900 Plus claims received and you've got 17 hearings coming from that so The every case isn't going to get reviewed. There's gotta be some kind of like you said new evidence of innocence. Something new. Um, again, we put a lot of we still put a lot of faith in our system. And this is just kind of an additional check where new things have arisen that give that credible potential for innocence that that are going to be reviewed. So My statute. The commission can't review procedural errors, sentencing issues or any other claims that are not associated with actual innocence. So you can't just go back and look at Procedural errors again. It's got to be that new evidence that's being looked at or like you said some issue with the degree of sentencing. That's not what they're here to look at. The Innocence Commission also can't represent claimants that are appealing to them. They also require that claimants wave all privileges, including but not limited to the self incrimination. Attorney client privilege, spouse, so privileged doctor patient privilege. So you're basically waiting all of those privileges to be considered here, and you also have to turn over. Any additional evidence of the crime of anyone else's involvement or any new crimes that are associated to law enforcement as well. So there are a lot of strings attached here and a lot of additional things that must be complied with. Yeah, so the commission is basically telling you, you know the procedural errors, the sentencing issues all that would be handled through the Court of Appeals or the Supreme Court. That all has a Mechanism to be to be reviewed. Here It is the innocence..
106.1 FM WTKK
"joe hammer" Discussed on 106.1 FM WTKK
"The North Carolina Innocence Commission. What is it? How did it start? How has it been successful coming up next And now, the Supreme Court has said unanimously. What was wrong Fact based, you believe at the time doesn't necessarily job. What The actual law is reasonable, informative. Now, if you taken facts, and you think about them, and you don't jump to a instant opinion, you're the outlaw and now outlaw lawyer here with Josh Whittaker. Welcome to the outlaw lawyer. My name is Josh Whitaker. I am a partner with the law firm of would occur and hammer. I am here today with my co host, Joe Hammer. Joe, welcome. Thanks for having me Josh Joe is also a partner. He is the other part of Whitaker and Hammer. He is the hammer. So we are both partners with political and hammer. Whitaker Hammer is a law firm here in the area. We have five offices in Raleigh, Garner. Clayton Goldsborough. And fickle Verena. We have many attorneys, and we can help you with most of your legal issues. Um, if you have a question for one of our attorneys, or you have a question for The show. You can always reach us at 1 806 59 11 86. That's 1 806 59 11 86. That phone number is set up to take your message for either the show or for the law firm. Um so feel free to use that and we also have an email address. So if you have any questions or concerns for the show, or for one of our attorneys, you can get us at questions. That's plural. Questions at the outlaw lawyer dot com Questions at the outlaw lawyer dot com. So if you have any questions or comments for us, please send those over we'd love to hear from you would love to be able to answer Any questions or comments you may have on on the air, But today we're going to spend some time talking about something That's been in the news a lot over the past couple of years, and that's the North Carolina Innocence Commission. Yeah. North Carolina Innocence Commission. Um, so yeah, Like like, Josh said. We're attorneys with the law firm of Whittaker and Hammer. Um and and that's what we do. That's our day. Job is being attorneys and We were here on the outlaw lawyer again, Always to just discuss that intersection of really everything with the law and kind of taking a look at how the legal world intersects with Pretty much every other facet of society and to and to talk about current events. Current news things like that. Um, and, uh, so yeah, but we are attorneys by trade. And so we do do a good bit of talking about our practice and things like that, and again. The purpose of the show is not to give you guys legal advice. It's more or less to look at things from that. Legal analytical perspective and discuss things and the manner that a lawyer would look at them from kind of that neutral, neutral viewpoint, without really giving our opinions just kind of a fact based discussion. But again we are attorneys with the law firm of wood, a current hammer. Um and so we do from time to time talk about you know what we do and and how important it is to any time you need an attorney to reach out to an attorney, and how important important that Experiences when you're choosing an attorney, and when you're shopping for a professional or fiduciary, right? Yeah, that's a good point. You know, one of the things I I told someone is it was never my goal to come out and get business by being The cheapest attorney in in town. You know, we don't have to be the most expensive attorneys. But the point of that is that price fee is not always the most important thing when you're shopping for an attorney or a financial planner or CPA when you're looking for a professional to give you advice. You need to referrals, you know, reviews advice from people, you know recommendations from people. You know, I always want to mention that the people cause we have a lot of people who call the law firm. And they just want to know a flat fee for something and attorneys. We have problems a lot of times with flat feet, because when you call us and say, Hey, I need someone to do blank. Well, we don't know what you got going on. We don't know how many people are involved. Don't know if we have to go back and fix something. We don't know where you're at. And so attorneys quoting flat fees, that's that always concerns me, because, uh, there's not many transactional scenarios where you can just very confidently quote a flat fee, and we've had people do that and not hire us because someone else quoted are really, really low fee and just be careful. It money is important. We're not we don't we're not unlimited financially. Um, So we all have to be mindful of what we're spending on legal fees and professional fees, But that's something that comes up. That's something my dad told me a long time ago that that's not how you pick your professional. The cheapest that's true. Yes, don't don't bargain shop for your attorney. I like to think we do a great job of balancing, you know, a reasonable cost with a lot of years of experience. Collectively, you know one thing. I think it's important to look for when you are shopping for a professional or looking for someone to help you with. An important legal matter or really anything that's of a serious nature like that is, um, you know if you're looking for someone local look at how long they've been around in the community. And if you've got to Company or an individual That's been around for a long time in the local community. Um, you know, 10 15 years in our case you usually That's a good indicator that that these people are doing quality work for the people in their community that they've been able to stick around for that long and you know, continue to grow and build their business in that way. And so I've, you know, Joseph building on that I've been in there I was born and raised in Riley. I'm out in the 276 or three area code kind of between Riley Garner and fickle and that's where I've spent. You know, my my 44 years. Uh, It's kind of in those communities and, uh, yeah, I think that's important. I know when I'm looking for somebody when I'm looking for a professional, I wanna know where they're where they're from. How long they've been around. You know things like that. So I know you've spent you spend most of your time in our Clayton office in your You're born and raised down there, born and raised in Clayton spent my just love the place can get away from it Wouldn't wouldn't want to get away from it. So, Yeah, we've We, Uh, we've been very lucky to be in Clayton. You know, I've spent the entirety of my practice and Clayton as well and we've been fortunate enough to grow and We've outgrown a couple of space is currently located right on Main Street, 14 North Fayetteville Street and a very, very old historic building. Look for us right beside Boulevard Coffee shop. It was the Clayton office. What is that? The 2nd 3rd, there's oldest building in Clayton..
Monocle 24: Culture with Robert Bound
"joe hammer" Discussed on Monocle 24: Culture with Robert Bound
"We value. And how we use those spaces. Are they inclusive from a standpoint of race of Sexual orientation and preference of gender and how we use things. I mean one of the The lead images that they have for this show. I mean i felt the pain. It is a woman struggling up a huge staircase. What looks like a brute. A-list bit of architecture perhaps in the barbican itself with a pram. And we think about these things. There was huge discussions with the. What was it. Twenty twelve olympics and how accessible our city was to those that perhaps were Could not handle stairs and we saw huge changes happen there but with this past year. Black lives matter even has expanded people's understanding of inclusive society and how spaces can be made for everyone and with this exhibition. It's not it's not a pretty exhibition. It's not beautiful. It's looking the archive of the matrix design group and looking at projects that it is created specifically with the mind around. It was a children's center. I think they've recreated in a way. That looks almost like a half finished building project with their own. Archive pasted up around the space. But also it not only celebrates what progress was made but really puts a lens towards what was missing and who wasn't included then and leaves it as an open discussion of. Where do we go next. And how do we create a more inclusive space that is reflective of the values of what should be public should be private and and moving on from there. Well sounds incredible. Kathleen is how we live now. Reimagining spaces who've matrix feminist design cooperative at the barbican. We drink their health. That is all we've got time for today. Thank you so much for your wonderful choices really enjoyed talking to you today my thanks to kathleen fox davies cimarron hands and chris power for their selections notebooks at the ready. Now as we recap everything we just heard kathleen says get down to how we live. Now the barbican in london and over in the us head to stop an influence of painting boulder museum of contemporary art. And mario giacomelli at the go down here. Is the jerry censor spaghetti. That's quite typo in that. I- chris power recommends you get a copy of the jungle list by two fingers. And james t kirk intimacies by katie kitamura and three rooms debut novel by joe hammer and if the weather continues is here in the u. k. We're going to be spending a lot of time in the cinema. So what didn't you go to see limbo wildfire and the green knight as recommended by similar of course monocle coach was produced by holly fischer and opium of bounce back at the same time next week for the time being. Thank you very much cheating..
106.1 FM WTKK
"joe hammer" Discussed on 106.1 FM WTKK
"The Outlaw lawyer as always, I'm Josh Whittaker. I'm one of your hosts or other host is Joe Hammer. Welcome, Joe. Thanks for having me Josh. I know you're going to ask me I feel fantastic today. I'm glad to be here. We'll get that out of the way early. We are Partners over would occur and hammer, a law firm with offices in Raleigh, Garner, Clayton Goldsborough and Fickle Verena serving Wake Johnston, Harnett, Wayne and surrounding counties. Our law firm has Many attorneys, many offices and many staff persons to serve you. If you have a question for the law firm or the show, you can give us a call at 1 806 59. 11 86. That's our phone number. 1 806 59 11 86. And so you can use that again. Get ahold of the lawyers at Whitaker and Hammer or the show the outlaw lawyer that question or comment for us we always love to hear from folks We like. Listener questions. We try to address some of those every show. Um, and then we also have an email address Questions at the outlaw lawyer dot com. Remember, you got to put the V in there. The outlaw lawyer dot com It's also our website. So all of our episodes past and present are there and you can listen to those are download, uh, are so a number of other ways off that website. That is correct. The outlaw lawyer, you know, we like to take a look on this show at how the law which again interest us very much as practicing attorneys how that intersects with Every facet of everyday life and we love to hear from you guys. We love to interact with our loyal, extremely loyal diehard fans. So reach out to us. Shoot us an email. Any questions you have again. We just love to hear from you. Joe. We always we always harp on this, and we'll do it again. You know if your attorneys experience your fiduciaries experience your professionals experience Matter. So when you're looking for an attorney, a C P A. Any of those folks experience matters are law firms experience, I think, stands toe to toe with about any like put us toe to toe with any law firm Toto. This was like a WrestleMania type event where all the competitors were attorneys. I think we'd be in the main event, but we would be in the main event. Um, yeah,.
106.1 FM WTKK
"joe hammer" Discussed on 106.1 FM WTKK
"The years. Let's take a trip back in time and time you in 62. Where were you in 62? Or were you in 62? It was a busy year. Some good some bad, some weird. Godspeed, John Glenn. That wasn't good. The space race with the Soviet Union was in full swing. The US started catching up. John Glenn became the first American to orbit the Earth got a ticker tape parade for doing it. The Dow closed the year at a whopping 6 52 inflation was at 1.20% average cost of a new house 12,500, which is good, because average yearly income was only 5500. And now the weird Had a good J Mr. President, Marilyn Monroe's iconic rendition of Happy Birthday is Song to President Kennedy. He may have had some splainin to do later that night. The scary resolution will call for the prompt dismantling. And withdrawal of all offensive weapons in Cuba. We came to the brink of nuclear war with the Cuban missile crisis after the Soviets deployed nuclear missiles in Cuba. Marilyn Monroe also died that year from a barbiturate overdose. Music was all over the place. From the twist to Bruce Chanel's Hey, baby, Little Eva's locomotion and even David Rose and the stripper the number of old age. Yeah. They called it that retired worker beneficiaries increased by 9% in 1962. The average old age benefit amount went up each month to reach 76 19 in December, 1962 Movies, including The Manchurian Candidate. Mutiny on the Bounty to Kill a Mockingbird and best picture, Large Sieve Arabia and finally, the popular toy in 1962, the Super Bowl. So good point at which to bounce back. We're now a rider safely back in the president. We hope you enjoyed your trip appears to a smooth ride into retirement. Welcome back to the outlaw lawyer. I'm Josh Whittaker. I'm here with Joe Hammer. We're both partners with Whitaker and hammer. Law firm here in North Carolina, and we're going to discuss a case has been around for a long time. This case is older than my kids. This is Leandro v State, and so this case was filed in the nineties. Um, and it's come back up again. It comes back every year when the Legislature wants to set the education budget. And so the way it's come up most recently is there's a house bill that's on the floor called Sound basic education for every child. And it is a bill that is proposing to boost funding in counties where there's not a big city right. So school budgets on every county on the county level school budget skit funded by the state. They get money from the counting. They get money from cities in town, so their budget is cobbled together from all these different entities. Um, and in some of the counties where you don't have a Charlotte, you don't have a rally. Funding for education is lower. And so, um, the Leandro case addressed that back in 95 or 99 1994 is when this started You know, Joe, when this case first started, I was an intern. Um At the Institute for Justice. Ah, that was a real thing is still a real thing. And so we had to look at this case. And even then, people were like this is going to be around for 50 years. Yeah, Back then I was an eight year old boy. The Joe, Tell me Tell me a little bit about Leandro. Yeah. So you know the facts Only Andrew not not overly exciting. But again, we have to discuss these facts to give you the background basically. The case dates back to 2 94, and it's It's an ongoing saga. You had kids from rural counties like Vance Hoke and some others basically sued the state. Claiming that North Carolina Constitution affords everyone a fundamental right to a sound basic education and that includes competent and well trained teachers and principals. And it also includes equitable access to sufficient resources. And basically those kids suit saying that the right to those things was being violated because you know, the funding across the state was was different like you mentioned in different counties where there were disparities and the resources that were available, so they basically said that if a state funding Uh, that was provided resulted in a different quality of education, depending on where the the the child lived that that those kids also had basically an equitable rate. To to that same education that these kids and the the more affluent counties where receiving right? The court said that in this case, the plants were correct. And so that an eight year old In Hope County was not getting the same education as an eight year old in Wake County, and they attributed it to dollars to resources to staff to books. But But, yeah, which is what I mean, That's that's logically that's the you know the reason and, uh You know the like You said the court ruled that this that right that equal access to education is actually guaranteed by the North Carolina Constitution and the question since then. Again. This is 1994 to the current day and this is ongoing. The question has been How do you measure? How do you enforce this? How do you implement this? Essentially, and that's that's why it just continually seems to recur. And we're talking about it here again today. Well, the case is still technically open. And so there was. I can't remember the judge's name to save my life. But there was a superior court judge That was over this case for 20 years, and he recently retired. So there's a new judge, but these counties have to come. Um They come to the judge. They presented as evidence these plans. How are we going to balance these and equities? And so that just recently happened and based on those exhibits House. Bill 946 was drafted, Um, again to try to balance out this this funding issue. Send more state money to the counties that aren't getting money from from from anywhere else, and then The General Assembly's tried to try to do this several times. Um This is just the most recent effort. But there's some past efforts as well. Yeah, and I think that the reason why this is so relevant today is because, like you mentioned HB 9 46. It's really the first time in the history of this case, so you know Long period of time where we've got a truly comprehensive piece of legislation that at least attempt to provide the specific actions that the General Assembly needs to take in order to comply with that Leandro rule. And so it's a It's interesting..
106.1 FM WTKK
"joe hammer" Discussed on 106.1 FM WTKK
"Can your employer fire you for not being vaccinated? We'll talk about it next. Yeah. Get your outlaw lawyer fix any day of the week. Now, if you take in facts, and you think about them and you don't jump to up instant opinion, you're the outlaw The outlaw lawyer podcast with Josh Whitaker. The Supreme Court has said unanimously that was wrong. Available on Apple, Google Spotify or wherever you listen to great podcasts. And now outlaw lawyer. All right, We're back. I'm in the studio with Joe Hammer and we're talking about Covid 19. Um Specifically vaccinations. That's a hot hot button issue on its own, whether you voluntarily want to get a vaccination or don't want to, Joe, you've been vaccinated. Uh, my whole family caught covid. Uh, so you know, my, uh And my antibodies felt strong. I'm not vaccine adverse, but, uh, you know, since since we had it, you know, I've, um of the, um when I go to the doctor, and they're like, Hey, I've got a vaccine. I'm like, Okay, but I haven't actively sought that out. I was the same way My doctor called me and I guess they had the Johnson and Johnson vaccine They were trying to get rid of. So they call trying to fire sell it And they said you can come in and get this sounds like all right, And so I did, and they paused it that day. But then, of course they brought it back. But But you're the picture of health, man. Yeah, I feel like you're doing Finn. You seem better after you got the vaccine healthier. You have a globe. That's right. Your skin looks really nice. So it's the right now. It's voluntary, you know, Right now No one's making anybody get the vaccine urging it strongly. We hear about it all the time. It seems like we probably hit a window. Where everybody who's going to get it as probably got it. So I think across the country, it's everybody's between the forties and fifties. Like if you look state by state or city by city, I don't think it's necessarily difficult for anybody to get one right now. So Um, but but what? I'm hearing a lot with a lot of people are asking me is Can someone make you Right. Can the government just decide everybody has to get the vaccine or can can of business or, you know an airline deny you the ability to either fly to to use that business? On the basis that you don't have a vaccine. Yeah. What do you think? Quite the question. Um, I think it depends. I think it depends. I mean, those are two different questions. Obviously, I read I read and I can't remember who did this analysis. But I read it attorney somewhere in the country done an analysis on who can Who can require you to have a vaccine and who can not require you? And so they? Their opinion was You know if you work in, uh If you work in a medical facility where people are compromised, and you're a new higher can they require you to be vaccinated? The answer is probably yes, I think so. Yeah, I think if you're a private entity you can you can ask, And so at the law firm I'm supposed If we had a new employee coming on board, we could ask if you've been vaccinated and they could answer or not answer. And then we would. North Carolina is a you know, employ at will state. And so as long as it's not an illegal reason you can hire and fire people for, you know, hair color type of shirt they have on you know, as long as it's not a discriminatory practice. It's an at will state. And so that was my thought, too. If you know, I thought about it as somebody looking for employment. Could that business require vaccination? I think the answer is yes. And then I was like, Well, how do you really even prove yes or no? Exactly, And I think that's the issue with all of these vaccine questions is, uh, You know, In theory, these maybe these entities can say you've got to be vaccinated to do X Y or Z. But like you said, how do you sufficiently prove that there's no I know. I know folks that get their vaccine. There's there's cards showing inoculation. There's ways of documenting it. But Is there. Really? There's no standardized. Yeah. I mean, if someone comes to you, and it's like this is my proof of vaccine. How are you going to be able to vet that? Uh so I went out when I went and got mine at the doctor's office that day had tons of people coming there like closed down. All I did was vaccinations the whole day. To get rid of that Johnson and Johnson stuff and and so they gave me they had pre prepared card saying you got this shot. You guys on such such a date. There's their names or anything. Yeah, it's not like it's notarized. It's not there like here. Just fill this out. It's not even laminated. So you cannot be an official document. If it's not laminated. I think that's the law. I think that's the lot Think that's official state law. So so, yes, there's two questions here. Can they? Can they even who can required and win? And then how do you? How would you even prove? Because there was a lot of talk international. I don't know what group was like an international airline industry group. We really wanted the government to do something official because they thought that they would eventually have to accept or deny people based on vaccination. And they wanted some international government entity that that would verify that you just like a no fly list or sure like that, you know, and that never Materialised. A lot of people, conspiracy theorist and folks like that got ahold of it and took it on down the road, But right now You know, I don't see a lot of situations where you could be required to have this vaccine, especially since it's also still experimental status. You know, it's not exactly as emergency use authorization and, uh, you know, uh, it will be interesting to see that it once if and when that that full Status is granted whether that will change. I tend to believe unless there's some drastic second wave or some crazy. Outbreak where and again we just We talked earlier about, hopefully progressing to the new normal and, you know, hopefully we're out of the woods there, but, uh, I tend to think that, uh, that it's not going to get to that point to where it's and again. That doesn't mean Some countries are going to not say you got to be vaccinated to come. There may be some travel restrictions there, and I think those you know that's a possibility. But I don't think it's going to rise necessarily to that level that a lot of like you said the conspiracy theorists and and folks that were Super worried about that that happening, right? I don't see that necessarily coming down the pipeline. I should I should mention me and Joe are. Both attorneys were both attorneys that are licensed in North Carolina. Only we are not experts on anything that has to do with Especially the science of Covid 19. We are not doctors were not, uh, experts on hippo violations. We're not experts on on on any of this. We're just two people. Sharing our opinions on this to become an expert with the North Carolina bar. You have to take a test. Take another test to become an expert. Anything. In my test taking days or or behind long in the past. I wouldn't take a test right now for anything. I took that Covid 19 test and that's a last test. I got Did well did well on that one. Well, we This won't be the last time we talk about Covid 19 or how it's affecting society, or how lawmakers or how governors are. How the president are are are handling it. And how it's going to affect day to day life as we all raced to get back to some resemblance of what life used to be like before 2020. Um Anyway, thanks for the thanks for the information up next on that law lawyer, Joe and I discuss a North Carolina Supreme Court case that is over 20.
106.1 FM WTKK
"joe hammer" Discussed on 106.1 FM WTKK
"Studio with my guest this week. Joe Hammer. We are both attorneys for the law firm of Whittaker and Hammer and we're here now to talk about Covid 19. Over the past year, it has changed everything. And there is a lot of legal repercussions that will occur. As a result, it's going to change a lot of stuff. It already has changed a lot of stuff. But now is the world I hate to say it gets back to normal. But as the world starts venturing out, as the world gets to the new, normal we we figure out you know how everything is going to change going. Four. We've all been waiting for CBC guidelines. Can I go to the bar? Can I go to the restaurant? I'm super stoked. Right now we've got our outlaw country tour tickets. So Willie Nelson is going to be in a rally in September with Sturgell Simpson. This isn't an advertisement for that. I'm just very excited that we can buy tickets and we we get to go. So we're super excited about that. So I think things are starting to get back to somewhat normal anyway. Yeah, Normalcy is semi returning for you. Normalcy is Willie Nelson Tickets For me? Normalcy is my 30 and up Recreational League basketball Team league, starting back with the town of Clayton. I encourage all of our outlaw lawyer listeners to come and support our team Wednesday nights as well. Yes, it will play, but yeah, it's a It's good to be doing things again. It's good to, uh Be able to get out of the house again. But again, there's there's there's changes, and we're here to talk about how the law really intersects with that everyday life and and what those what those changes look like, in any kind of legal ramifications from that. The first thing we figured out from Covid 19, I think is that our governor has a lot more power and not just governor Cooper, but any governor put in this type of situation has a lot more power. And we all probably thought they did. Yeah, we just went through an extraordinary period of time, something completely different of once in a real generational type of experience. Um, And I think we all found out that the the emergency powers that just the government in general has, um a lot of people probably didn't understand how wide reaching that was, as there was a period where it seemed like Almost every day. There was, uh, some kind of new authorities some kind of new edict some some kind of new restriction handed down and there's a lot of question around that. What's the legality of it? I'm a 44 year old man, Joseph and I don't know before last year, my 1st 43 years of a a governor's decision really ever directly affected. Me personally before last year, and then you get to a point where it's every day has a drastic effect on your life, your business, everything that you're doing So, yeah, unprecedented times. So here at our law firm because Because Jo and I, we We are partners over it would occur and hammer and we've got five offices and and we had to devise. Just like everybody else did. We didn't the law firms were essential activities are, however, Governor Cooper defined it, and so we never closed down. You know, we never stopped meeting with people. We did change procedures, you know, pretty drastically because again, it was that was the unknown. I mean, I remember vividly us talking. And having no idea what to expect. And, uh, remember us basically expecting any day to be shut down completely. Every day. We kind of waited for that to come, but We kept. We kept talking to any friends we had in politics or any any lobbyists a lot of rumors going around anybody who give us any information because I would argue that there's no way you can shut down the law firm even under emergency as people still need legal service, Sure, but we didn't know what was going to happen. But we did We everybody did the mask and we gave people mask and we only let people in who had to come in and we tried to reduce. Face to face contact as much as we could, and we really try to tow the line. You know a lot of some of the things that we saw other law firms doing honestly and again. Everybody's doing this in the interest of safety and what they think is best. But we tried to tow the line between being Overly burdensome and making you know our staff and our clients feel comfortable and safe. But this was the first time I can remember. You know, Governor telling people you are you know you are essential. You are non essential. You can be open. You can't be open in the spirit of full disclosure. I so I own a bar. And that bar had to shut down. It was not essential. It was, I would argue that it was very essential, but it was deemed not essential. And so I kind of saw both sides of the coin with the law firm and and with the bar. But yes, So now we know in an emergency situation, a governor can do a lot of things. They can do a lot of things. You know. Once that emergency is declared a lot of extra in air quotes, power powers do seem to arise by example, Like you said, deeming certain things essential, shutting certain things down, enforcing quarantine, changing literally every aspect of our day to day lives and this and this is not meant as a commentary to be critical. Governor Cooper was in a tough spot. You know, he had had taken the information at hand. He had to make decisions that affected everybody. So this is not to be not meant to be critical. It's just I am. I am as a North Carolina citizen amazed at what a governor was able to do. And then I didn't like it personally, But there wasn't a lot of lawsuits. There wasn't a lot of fight back. You know, I guess there early on everybody was scared. And then as Everybody kind of figured out. You know, you saw a lot of protesting and a lot of people, you know, voicing concern, But, yeah, again, you don't you you don't see and hear about a ton of actual formal legal complaints. And I think part of that is is based on the fact that there was no sound legal footing for a lot of this. Yeah, And so you saw the North Carolina Legislature tried to pass a lot of statutes to make schools open. Things like that. But the governor vetoed it as there is the governor exercising his emergency powers when they try to do something through the legislator, sure to counteract some of that he's the man who vetoed it..
106.1 FM WTKK
"joe hammer" Discussed on 106.1 FM WTKK
"Court has said unanimously it was wrong Fact based. Your belief at the time doesn't necessarily job with what the actual law is reasonable, informative. Now, if you take in facts, and you think about them, and you don't jump to up instant opinion here, the outlaw and now Outlaw lawyer here with Josh Whittaker. Welcome to this week's edition of the Outlaw lawyer. I am Josh Whitaker, an attorney with the law firm of Whittaker and Hammer. And I am here today to talk about all things legal. Um, the first thing I want to tackles introducing our in studio guest and so with me today as attorney Joe Hammer. Welcome, Mr Hammer. Thanks for having me Josh Whitaker. Mr Hammer. Joseph is my law partner over at Whitaker and Hammer and he is in studio with us to talk about a couple of items. That we want to discuss because again here at the outlaw lawyer, we want to talk about how the law effects everything, literally everything every day. Yes, I think that's fair to say the law definitely intersects with every single aspect of our life every day. And then, uh, it's something that you may not. Think about but We're here to call attention to. So the first the first thing I want to talk about today on today's shows. We've had a couple of incidents over the past couple of weeks. Um, where he's got dogs, pet pet dogs that have unfortunately injured. Well, I think both of the ones I want to talk about today resulted in death. Of of of Children. Right, So we had an incident over in Garner where neighbor and their daughter, we're taking care of feeding a neighbor's dogs. They were on the neighbor's property where the dogs reside. And during that incident, they were attacked in the little girl, unfortunately, was was killed. The mother was injured, and so there's been some that's been in the news. And then there was one in Clayton too, I think yeah, and and Clayton, there was another again unfortunate incident. Um, I believe it was actually family pets two dogs left with. I think it was a 10 month old child. Um, parents stepped out. Heard the dogs going crazy came back in, and, uh Yeah. Unfortunately again, another terrible incident. Um We can all agree horribly. Horribly unfortunate. Um, but I guess you know we're going to discuss kind of The law in North Carolina. How it defines dangerous dogs. Um Potential liability for that and just kind of informing around the statutes, right? Right. So we're going to actually take a look at the law because these are horrible When you read when you read the stories and what's going on just horrible facts, and anytime my child loses their lives, it's just terrible and it affects you emotionally. His attorneys. We always want to look say, Well, what is the law? Who who's responsible? What's going to go? So I also say for the purposes of this? I have four dogs, which is more than any. There's more dogs than any one person should really ever have. But I have four dogs. I know you've got some dogs. Several dogs we have. We've got three dogs, ones. Gigantic, big, Great Dane, So we'll count him as a couple of guys. We'll just say we have five. So the interesting thing in the in the garner one so this this happened. This unfortunate incident happened and And the owners of the dogs. The dogs are in custody with animal control. That's the procedure that's set out in the statute. So if this happens, they get confiscated. And the are owners wanted them back. Right, so the owners did not want to put down They didn't want them back. So they petition, according to Was it Was it general Statute chapter? 67-4 point one is what defines a dangerous dogs. They wanted to have these dogs. They were going to be designated as dangerous dogs, and they wanted to keep them. And so the statute provides how that Has to happen. Yeah, And so I guess to start the the first thing you really have to understand when examining the statute is just the underlying definition of a dangerous dog. Um, and the statute defines a dangerous dog as it's. It's really one of two things. The first is a dog. Simply put that as Without provocation, killed or inflicted serious, severe injury on a person. Um, the second piece of that is a dog that's been determined by a person or board that's designated by the county or the municipal authority. That's responsible for animal control to be potentially dangerous because it's engaged in a few different activities that are discussed, uh later in the statute, but it all kind of revolve around Biting whether they've bitten there killed another animal. Um, whether they've been a person and maybe not inflicted severe injury but broken a bone broken some skin. So there's there's some wiggle room there. As far as that determination goes so in Garner the statute says, each municipality so each county each city they have someone designated who hears these petitions when someone has what's going to be a dangerous dog? And they want to keep them. They have to. They have to get a person that's designated to sign off on it. And garner. It's the police chief, and we got a good police chief and Garner. Um and he denied it. Right, So she was the guy they had to make a petition. They said, Hey, we'll keep it muzzled on our property. We won't let them off. Like all these things the statute says, you have to do if you're going to hold a dangerous dog. Um And so it was. It was denied and that I haven't heard the statute allows them to appeal this to the Superior Court of the county where they're located. This would be White County Superior Court. Haven't heard that appeal was filed. I haven't heard any comments from the dog owners. But I know the town of Garner. I think as a community was pretty shocked when these folks wanted to keep this dog killed. This thing was a six or seven year old girl. Um Anyway, It's just interesting access because you know, the whole point of the statute is if if someone allows you to keep this dangerous dog you have to. You have to follow these guidelines. Keep them in a certain way. If they harm anyone ever again. It's well what we attorneys called strict liability. Yeah, there's no there's no leeway for that. Because again, you know you're you're well informed. I mean, Again. We're as dog owners. We we love our dogs. We assume they're going to behave have no reason to believe otherwise. Or maybe you do..
X96
"joe hammer" Discussed on X96
"Aside from an adjacent cafe, offering beer and cocktails and a couple of other food carts, they will specialize in So why is this sandwich $100? Because it's huge. It's huge size defying fair at unusual scales, one of those size defying food, you guessed it the ant man sandwich $100, but it's meant to serve. Six or eight people. It's called the pin meanie. I'll have you know it's because they used Pym particles to make a regular sandwich. Yeah, you could get a single serving of the panini. It's that's 15 box for one sandwich. But I think it's oh, I'm not coming up in geek news. I've got more about how they're going to nickel and dime you to death that Avengers can't really okay. All right. I wasn't thinking that you would do this and get this But like I was doom or about it was it was included, But there's more. Okay, Good. All right. The Las Vegas officials, by the way, are doing what's right there holding pop up vaccinating vaccine clinics at strip clubs. Put him everywhere. That's a great idea. Wearing a French maid inspired long, great costume and high heels dancer Joe Joe Hammer, not her real name, waited patiently to get her covert 19 vaccine in a line that snaked Passed a glittering, glittery host to stand under a red light chandelier. When it was her turn, Miss Hamer sat in a chair held onto a small feather duster, then completed her costume. Well, the nurse administer the shot into her arm. Hammer waited nearby for the required 15 minutes of observation, because, you know, it's make sure you don't have some kind of and then with the other vaccine recipients, you know, they got their shots now. I don't know if they're also Giving shots to the patrons were offering them to the patrons. But they should They really everybody? Yeah. Um So, uh, I'm gonna skip that story for now. Studio. There was a big fire and Saint George. Over the weekend, the dust settling now small puffs of smoke continued to rise from homes brought to the ground in an inferno Friday and Saint George along Diagonal Street. Total damages include four homes. One containing four separate apartments. Ah, large shot behind one of the homes, several out houses, motorcycles think buyout houses. They mean like good buildings. Shit. Some things. Yeah, they should be more careful in the future. Be careful with that. I think I don't think they mean out houses like privies or because that's what everybody thinks motorcycles, travel trailers. Uh, all of that kind of stuff on all the belongings burned. Two of the four home sustained, irreversible damage, and both of those homes belong to the same family. We own all of this, And as we get older, we were turned to it. We were turned it over to our daughter, said Donna Levitt. She had owned a beautiful two story Adobe House for many years with many priceless antiques, including a stand up grand piano that her family brought across the plains to Utah. Andre and all of that stuff destroyed. I mean, just replace things like that. No. Three dogs were in the home at the time. They were in need of rescue. I don't think anybody was seriously injured in the fire. But it was certainly devastating to those families in ST George. There was an Italian cable car. Going up a mountain side, you know? The cable. Broke, apparently And The cable cars plummeted to the ground. And tumbled down the slope. Jeez 14 people were killed. The lone survivor was a young child hospitalized in serious condition with broken bones. Six of the dead were Israeli citizens, including a family of four who lived in Italy. It wasn't clear where the other couples were from or how they were related. Let's see. And then Thousands of people evacuated as a huge volcano erupted. In Near young golden goal. Uh, thousands of people had to be evacuated from the as the volcano erupted and lava started spewing down through the jungle. The government The dramatic Democratic Republic of Congo ordered mass evacuations. No one was injured. I believe it's okay if you just jump up on your couch that get you out of the Outta up off the lava. Yeah, And they all have couches there. Of course. Yeah, you just That's how you avoid the love. Everybody knows I'll tell you Avoid the longer Democratic Republic of Congo is famous for their furniture. Yeah. Right? All right. Weather traffic. Well, we had. We had quite a storm yesterday, which was lovely. I thought it was gully washer. That's what I thought about that It was lovely. But today sunny high of 60 eight's pretty chilly this morning. In the low forties right now. But we'll get something later on and we will warm up. We'll be back up in the eighties by the end of the week, But today 68 for a high traffic. Let's see. I haven't had you don't report anything for the last hour. It looks like so Yeah, Everything seems to be moving. Well, if you see something that's not moving well, you can let us know you can text it to us. 33986 and I will happily pass it along. Young Power Sports and Centerville is Utah's newest power sports dealer. Tri City Performances now young Power Sports and Centerville. Your Polaris and victory. Motorcycle dealer. See Inventory online young power. Sports dot com. All right. Here's boner Candidate number three Yeah. Just Megan Fox and Machine Gun, Kelly. Uh Say no to say That's it. That's it. Listen. No, you do have to say OK, they pushed the limits of their Public displays of affection that the Billboard Music awards on Sunday We'll put some clothes on Megan for the firm for first round of the game. She's wearing a ridiculous outfit. Which exposes a lot of skin. It's okay. She looks stupid. But if she wants to look stupid, that's her business. But then With the cameras, you know? Make sure make sure the cameras are going She grabs machine gun Kellys crotch and then machine gun, Kelly. Sticks out his tongue to kiss her, and his tone is painted black. Yeah. They're trying really hard to be. Yeah, just urine. They're just they're just gross. Yeah, Yeah, I'm looking. I'm looking at the picture. And I just, uh, good luck with that. You two donor candidate number three. Just I can picture them as acute elderly couple in Russian chairs on the porch drinking lemonade. Remember the time the awards you got my crocks? Uh, grab my project and you know here comes on 50 of our grandchildren. Yes, now. All of them have black tongue. Yes, all right. Time to review the first two and vote Boner candidate number one. When you gotta go. You gotta go. A bullet train. Uh, driver. Disciplined for leaving his post the train's going 100 miles an hour down the track, and he leaves his post because he has to go to the bathroom. Boner candidate number two Okay. Okay. Okay. We'll refund your money. Florida High school editing clothes onto just just girls. You know, in the in the yearbook pictures, these yearbooks cost 100 bucks, by the way. The parents of the girls were not happy. And Boehner candidate number three Dick just here..