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Supreme Court will decide today on Mullens request
The West Virginia Supreme Court is expected to decide today whether it will reconsider the case of State v. Mullens, a decision that could have meaningful ramifications in next year's judicial elections.
Various law enforcement organizations and prosecutors have joined Attorney General Darrell McGraw in requesting reconsideration of the case.
In the Mullens case, the court ruled 3-2 on Feb. 28 that police cannot send informants wearing electronic surveillance into a drug dealer's home without first getting a warrant.
The ruling, considered by many to be in direct contradiction to United States Supreme Court opinions on
the subject, will lead to the dismissal of countless drug cases and make it more difficult to gather evidence, some claim.
Justices Spike Maynard and Brent Benjamin dissented from the majority opinion. Maynard wrote a scathing dissent, but Benjamin recently filed his own dissent which more completely spelled out the majority's prediliction toward legislating over adjudicating.
The majority opinion was written by Justice Robin Davis, who was joined by Justices Joe Albright and Larry Starcher.
One of those justices would have to join Maynard and Benjamin in agreeing to reconsider the case. Maynard and Starcher are up for reelection next year.
News & notes
Rumors are circulating that former House Speaker Bob Kiss is seriously considering a run for the state Supreme Court next year. While he would prefer the governor's mansion to the judicial chambers, Kiss sees no opening there in the near future...
... Republican National Committee field reps are in Charleston this week, meeting with GOP Chairman Doug McKinney to make plans for fundraising and grassroots activities. The RNC's State Chairman's meeting will be held in Columbia, S.C., in mid-May...
...With Don Imus fired from the airwaves, Imus' Charleston radio home, WVTS 950, has hired local entrepreneur Andy Albertini to host the 6-9 a.m. slot...
...The United States Supreme Court's landmark ruling Wednesday on partial birth abortions was greeted with expected glee by pro-lifers and predictions of doom by pro-choicers. But as GOP Chair McKinney, a doctor, told me Wednesday night, there are no medical reasons for any partial birth abortions to be performed...
... Jerry West's exit from the Memphis Grizzlies hopefully won't keep him out of basketball for long. He has consistently set the standard for class in the NBA ever since joining the Los Angeles Lakers out of West Virginia University way back in 1959.
Swann, Tyson leading McCain's WV committee
(Press Release) -- U.S. Senator John McCain’s presidential campaign on Wednesday announced that twelve influential West Virginia Republicans will advise the Arizona Senator’s campaign in the state.
Senator McCain’s campaign advisory committee in West Virginia will include former state Delegate and Republican Minority Leader Larry Swann, former state Republican Party Chairman David Tyson, Senate Minority Whip Clark Barnes, state Senator Mike Hall, state Delegate Tom Azinger, state Delegate Daryl Cowles, state Delegate Thomas Mike Porter, state Delegate Jeffery Tansill, state Delegate William R. Romine, former state Senator Sarah Minear, Adjutant Miles Epling of the West Virginia American Legion, and prominent local attorney Mark Carter.
The members will use their combined years of experience and understanding of West Virginia’s political landscape to provide leadership to Senator McCain’s campaign.
Larry Swann, a native of Doddridge County, became the youngest West Virginian ever elected to the West Virginia House of Delegates in 1972. Swann served eight consecutive terms in the state legislature and was also elected by his colleagues to serve three terms as the Republican minority leader of the House of Delegates.
In 1981, Swann was appointed by President Ronald Reagan to sit on the board of presidential scholars. Swann will assume a leadership role on McCain’s West Virginia Advisory Committee.
“Senator McCain is a conservative leader who is serious about ensuring America’s future is prosperous and secure,” said Swann. “Whether you’re a sportsman, taxpayer, or traditional, family-oriented American, John McCain’s record of strength on the issues is very appealing.”
David Tyson is the former chairman of the West Virginia Republican Party and is currently the managing partner at the law firm of Tyson & Tyson in Huntington. Tyson is also the former counsel for the West Virginia Department of Agriculture. He will also help lead McCain’s West Virginia Advisory Committee.
“Too many times voters are forced to choose between strength of character and strength of record, but West Virginia has both in John McCain,” Tyson said. “Aside from staring down adversity on the battlefield, Senator McCain is the only reliable protector of our freedoms, rights, and culture of life.”
Senator John McCain stated that he was proud to receive the support of these West Virginia Republicans. “These leaders have been trusted advocates for important conservative ideas in West Virginia and I am encouraged by their support,” said Senator McCain. “I value their advice as we move toward a new chapter in our country’s history and work to meet the challenges of tomorrow.”