fred teague: i think we're 17 days in stephanie sharp: fred teague has a home and a family, but for the month of january, a small plot of land just beyond a tree line on the edge of town is home sweet home. fred teague: "the nights are the easy part. you get in there, [and] you get somewhat warmed up. you go to sleep, and you don't have to think. stephanie sharp: for 30 days he's walking in the shoes of someone that's homeless. fred teague: "when it's 25 degrees, and you're walking somewhere. . . it's cold." stephanie sharp: teague, who runs the russ bus, an organization that helps the homeless, is living in a micro-cabin in a homeless camp. it's all in an effort to serve people better. fred teague: "we have learned a lot. things have changed, and it will change and continue to change and continue to improv. stephanie sharp: he keeps updates with video-blogs and has found himself in situations he's never thought about before. fred teague: "the other day i here late after the food delivery, and the food was gone because an animal had gotten it. stephanie sharp: he's working to get food b

two teague exceptions apply. they apply to new rules and they apply to collateral review. those are based in statutory equitable discretion rather than the constitution. the court has already held that both direct review and the application of old rules present federal questions. >> how do you differentiate this case from standard oil? >> in standard oil the issue was the underlying status of the federal government arm and the court said that question is controlled by federal law. standard oil is like miller itself where the issue was what does the 8th amendment require. that's a federal constitutional issue that applied. in standard oil, as a combination of statute, regulations and federal common law, federal law controlled the question. here the statute doesn't apply in state court as danforth and numerous other cases have held, like the federal rules of evidence don't apply in state court, even though many courts follow similar provisions and certainly follow federal precedents in interpreting. >> we did say t

>> the teague standard-- >> of course it wasn't. >> but the teague standard, the teague exceptions could well be constitutionally required. teague doesn't apply. >> that's why we don't take a position. particularly -- >> you want us to hold that in this case? >> we do not want you to hold that in this case. >> can we say the opposite in danforth? or the majority say the opposite in danforth? >> could you tell me why you would think that something like atkins would not be retroactive to states? as a compulsion, meaning not as by election of teague retroactivity. >> that is a difficult question that we don't take a position on, but to answer your question, justice sotomayor, the argument goes that danforth made clear that teague is an equitable interpretation to federal habeas statute. it's not constitutionally binding on the states, and that -- the court left open whether the exceptions are binding, but the exceptions were part and parcel of justice harland's mackey understanding of how he thought federal habeas ought to apply. and so whereas atkins -- i mean, atkins creates a binding con

wsls 10's bethany teague joins us live from the command center. bethany -- what is the family saying tonight? the family says they believe someone out there has to know something about nicole's whereabouts. they are also reiterating the message about her need for medication. nicole has taken meds twice a day since she had a liver transplant when she was just 10 months old. she has never gone this long without taking it. for the last two days, police officers from seven agencies have searched the ground. they are following up on every tip that comes in. a drone from virginia tech also aided in the search from the air. nicole's family says they believe someone is responsible for her disappearance, and that person is making their lives a nightmare. fred hawks & tammy weeks grandfather & mom he's made our lives miserable.

live in blacksburg bethany teague wsls 10. senator tim kaine introduces legislation that would hold gun manufacturers responsible for who they sell guns to. the bill would close what kaine calls .. a loophole that allows a gun purchase to be carried out .. even if a currently -- manufacturers are not held liable for sales.. making it easier for straw purchasers or traffickers to purchase hundreds of weapons and resell them. now to a wsls 10 follow up... after public outcry over plans to move two historic buildings... botetourt county supervisors are now reviewing their plans. the board is founding the greenfield preservation advisory commission to help guide that move. it's also commissioning an archaeological study of the area. w-s-l-s 10's rob manch has the details for us from botetourt county. people opposed to moving two historic slave quarters say they understand it's a hard decision. 11:00:06 "we want to see botetourt grow, but we also don't want to destroy what it's built on." cheryl sullivan willis is a descendent of t

live in blacksburg bethany teague wsls 10. the trial date for the man charged with the murders of the lyon sisters is now postponed to october. the trial against lloyd lee welch junior was originally set for march.. welch is the man charged in the 19-75 murders of maryland sisters katherine and sheila lyon. wsls 10's ananda rochita was there in court today. ananda ... cameras were not allowed inside the courtroom ... can you describe to us his demeanor throughout the he was calm and would glance back and forth at the judge and his lawyers. he was also wearing an orange jumpsuit, clean shaven, and bald. in court today ... his lawyers talked about how much media attention this case has garnered. his defense team even requested for a gag order ... which the judge granted. the gag order prohibits council and even those part of the case to discuss it outside court. another request the judge granted involved putting a "billing list" under seal. the list would detail travel expenses and time the lawyers spent on the case this day or

wsls 10's bethany teague explains how the board of supervisors could get involved. the montgomery county board of supervisors was briefed at its meeting monday night by the county attorney about what its role can or should be in the controversy surrounding circuit court clerk erica williams. the county attorney explained to the board that it has no liability or responsibility for a constitutional officer's actions. a petition is currently circulating to have williams recalled after she didn't reappoint four deputy clerks. board members say they have no part in that petition. many residents have questioned whether those who sign the petition could be subjected to perjury charges. the county attorney says that is not the case. chris tuck, board of supervisors chair - "there was a lot of misinformation. we were receiving emails from our citizens saying that the board was actually a part of the recall process, and we're not." to digest the information and then take the issue up again at a later date. they have not yet determined when that will be. in christiansburg beth

wsls 10's bethany teague reports. a short distance since yesterday because it's accommodating a different group of searchers today. thursday.. officers from seven agencies were joined by about a thousand virginia tech corps of cadets members. today.. those cadets are no longer a part of the search.. which is why the command center area doesn't need to be quite as large. that being said.. police say this doesn't mean they are scaling down the search. in fact.. they have just as many officers.. if not more.. involved in the investigation today. they are still focusing on the mile- radius around nicole's home. they are getting both a ground look and a view from the air.. thanks to a drone from the mid atlantic aviation partnership at virginia tech. tonight nicole's family is once again pleading with anyone who has information to come forward. fred hawks & tammy weeks grandfather & mom somebody out there has got to know something. this coverage is way too much for nobody to know. nicole knows we're waiting. police say bee

i mean, every agency is looking for more resources. >> michael teague is the secretary of energy and environment, a position the governor combined in 2013, raising questions about the state's relationship with the oil and gas industry. >> everyone's waiting for austin holland to write his report. but we're not giving him the resources to do it. i mean, he literally said, he didn't have time to write a single report the entire time that he was there. >> so i would say that again, it's not targeted towards the geologic survey to pull resources. so everybody's budgets were cut last year. i mean, across the board. >> and are they all claiming the same kind of crisis level that the earthquakes seem to be producing? >> several of them. >> yeah? >> yeah. >> you compare it to 700 earthquakes a year, any of them? >> i'm not sayin' it's logical, rational, or i agree with it. but, yes, i mean, people make the claim that their agency, and their cuts, are the most important thing, and that's where the resources need to be focused. >> seismologists have warned of the growing possibility that a mag

. >> starr teague. >> reporter: garrett ballard, ethan's best friend since grade school and starr teague, a former and brief love interest, were two of the teens in ethan's these are deposition tapes from a civil lawsuit resulting from the crash. starr says ethan, garrett and another boy started drinking around 6:00 p.m. the night of the crash. >> they -- all three of them did a shot of vanilla -- i don't, i don't know what it was. >> so they start drinking, taking some shots, and then they decide to go pick up some friends. on the way back, they decide we want to get some beer. so there's already alcohol at the house and ethan clearly has money, but they decide it would be more fun to steal the beer. >> at the walmart, i went in. grabbed the beer. >> reporter: this is surveillance video from that walmart. sure enough, there's garrett ballard and four other teenage boys. >> and then we walked out the fire exit. >> ethan stayed with the vehicle. and when the other five stole the case of beer, they actually ran out the exit door. >> reporter: the teens head back to ethan's empty house, and

live in blacksburg bethany teague wsls 10. new turns in a 40-year old case. today... the man charged in the murder of two young girls back in 19-75 appeared in bedford county circuit court. lloyd lee welch junior faces two counts of first degree murder in the disappearance of the lyon sisters. shelia and katherine lyon shopping mall 40 years ago. if convicted in their murders... welch could face the death penalty. wsls 10's ananda rochita was there as his defense team made requests before trial is set. ananda ... what were some of the requests? they weren't unusual requests because of the circumstances surrounding this case and the judge approved them. welch's lawyers asked to hire an expert criminal investigator, mental health expert, and mitigation specialist. all of which the judge approved. in court ... commonwealths attorney randy krantz says the requests were reasonable since the commonwealth is seeking the death penalty. also discussed today is to postpone the trial to later this year to october 18. it was originally planned for march. lot go through and allega

live in blacksburg bethany teague wsls 10. a roanoke man is missing as well. roanoke police say 26-year old jonathan alan kent has been missing for more than a week. kent was last seen january 20- th. he was reported missing by co- workers monday. if you have any information on where he may be... you're asked to call the roanoke police department's tip line. you can remain anonymous. a pulaski county judge says .. pictures of noah thomas' body upcoming child abuse and neglect trial. ashley white's defense team filed several motions... asking that pictures of noah's body in the septic tank and during the autopsy be excluded from trial. white's lawyer says .. the photographs are irrelevant to the charges... and would only inflame the jury. the other motions asked for information about the seizure of marijuana in white's home... and that each prospective juror be questioned individually before trial. the judge denied all motions. noah's father... paul thomas... is lawyer just filed a motion requesting that all references and evidence relating to the search for...

live in blacksburg bethany teague wsls 10. a lynchburg murder suspect learns his fate. a judge sentenced dominique moss to life in prison today. moss entered an alford plea to first degree murder charges in october... relating to the 20-14 death of his cousin shawn moss. investigators say moss ambushed his cousin... then shot him 17 times. hospitals across the country are in need of more nurses. hospitals like carilion clinic are experiencing as well. wsls 10's ananda rochita has more on what carilion is doing to efforts. ananda rochita/roanok e "carilion has about 100 and it has a lot of competition among other hospitals looking for nurses too." carilion is looking to get some prospective nurses through recruiting events like this one. lauren alban is here wanting to pursue her calling as a nurse. 0:19 - 0:23 lauren alban/prospecti ve carilion nurse - 18:14:52 it's literally a profession that you care for other people and you make a difference in people's lives. she wants to work for a hospital that will pay for her continuing education. it's something carilion offers

today -- a virginia tech drone was wsls 10's bethany teague joins us

live in blacksburg bethany teague wsls 10. the family of a man who was shot four times in lynchburg's centra hospital by an on-duty security guard is calling for an independent investigation of the incident. the family says both the shooter police and the commonwealth's attorney. w-s-l-s 10's rob manch tells us what he's learned about this ongoing investigation? in the early hours of january 11th, 28 year old jonathan warner was shot 4 times in lynchburg's centra hospital, ultimately leaving him paralyzed. the security guard involved, wes gillespie, is a former lynchburg police officer, and has a son currently serving in the department. the family argues there is the potential for a biased investigation, but commonwealth's attorney mike doucette says those fears are unfounded. in a statement today, doucette says "wes gillespie used to be a member of the lynchburg police department, but that was a very long time ago. to put some time frame on what constitutes a very long time ago, i have been working in the lynchburg commonweal

teague fox is facing several charges. prosecutors say he shot metro officer on december 17th, near las vegas boulevard and pebble. that shooting led to a five-hour standoff. he'll be back in court next week. >>> a former mechanic for aaloanlable says he fired the airline over dangerous maintenance practices. the profitable budget airline in had a string of flights prowbed by mek problems. vicky gonzalez joins us life with more on this former mechanic's story. >> yes, jim, the former employee says he has more than 35 years of experience in the airline weeks for him to call it quits. allegiant is up front about its business model, purchasing older aircraft and connecting smaller airports to vacation spot like las vegas. but for airline mechanic greg marino, the savings comes at a cost. >> there's a lot of things going on that i witnessed as far as doing improper procedures. report he says cutting corners in pain nance overwhelmingly contributes to allegiant's flight diversions and delays. >> you haven't performed the correc

19 years ago and one day i had a similar set task, along with my colleague, late colleague, colin teague, to make the announcement that apollo 204 fire at the kennedy space center which caused the loss of three very distinguished astronauts. and i would like to say that the committee on science and technology will conduct a comprehensive investigation into the cause of this accident after the national aeronautics and space administration has completed its immediate investigation. we invite comments from those within and without government that may have any comments. that will be pertinent so that we can try to have a comprehensive report to make to our colleagues in the congress have been very supportive of this program over the years. mr. speaker, we are all very saddened, a very personal sadness on the part of my wife nancy and i because we have been very great friends of these members of this group, and our heartfelt sympathy goes out to the members of their family. >> the gentleman from illinois. >> i would like to yield to the gentleman from new mexico, mr. lujan. >> thank the gentl

wsls 10's bethany teague found out how the board of supervisors could get involved. nats the local governing body has no responsibility or liability for the actions of a constitutional officer circuit court clerk erica williams is once again at the of supervisors. but as the board found out from county attorney marty mcmahon.. it has little to no authority over her actions. :24-:27 chris tuck, board of supervisors, chair - constitutional officers do have the right to discharge their employees any way they want. james willis started a petition to have williams recalled after she did not reappoint four out of nine deputy clerks. :37-:40 james willis, petition organizer - the people that we elect to hold office should be held accountable. if the petition reaches around 19 hundred signatures.. or ten percent of those who voted in the last election.. it would be up to a circuit court judge or jury to decide williams' fate. but citizens are now calling on the board to take a different kind of action against her. nats you do have some financial purse strings. state law requ

as for teague, he will show up in court on january 21st. that officer who was wounded, he's said to be doing fine. jim and jessica? >> all right. antonio, thank you for that. >>> after some sunbreaks today, the cloud cover is back and there's a good chance more rain is on the way. >> news 3 is your weather authority. >> a few showers working their way through the valley. we have low clouds, that dampness, the humidity level is high. a little wind with the system as well. the showers that have moved through have -- they were very light. to the west, snow in the mountains, could wind up with another 3, 6 inches. and pretty good clip, especially to the southwest of town. through. the best chance of rain will be through the sowsh half of the valley in the next couple hours. re impulses are impulses are set to move through. we'll have a chance of rain another biproduct of the system is the wind, at times gusting at 20 miles an hour. it's noticeable. on top of this system there's another one. we have a lot of forecasting to do. a full look at you

the suspect teague fox was found after a seven-hour search, he's now facing multiple charges including attempted murder. >> marie: another shooting left a 23-year-old man dead on eve, happened near durango and desert inn. the victim in this shooting was not armed. >> jessica: we're going to continue to follow this breaking you can catch up on our website, news3lv.com. most of of the east coast is hunkering counsel tonight, expecting the worst from that massive snowstorm. this is a live picture from philadelphia where thousands of people are trying to wait it out. >> marie: a live look here at washington d.c. where most believe the storm are hit the hardest. kevin janison has the forecast. >> kevin: those folks are dealing with the teeth of the snow right now, the heaviest snow falling could be an inch or to per hour for the next several hours during the late night portion or early morning portion of their saturday. it will be the d.c. area, parts of maryland, northern virginia, up into southern pennsylvania, that's where we think we could find up with two feet of snow. this general reg

teague: rule 45-- what's that? clean up your own mess.

on the other end, teague, 14 points for him. scott styles not happy. in the fourth, al horford knocking down three. that puts the hawks up 16. with the game out of hand magic put celt in the ballgame. signed him earlier in the game. he gets the first nba points of his career. what we was doing. we've been saying it for a louder than words. >> now, the good news is magic wednesday. >>> the nfl, jameis winston felt like he won the power ball when it was announced cutter martin's career was revitalized. martin named to the all nfl team. the first time a buc's honor. he was formerly known as the muscle hamster rushed for 1400 yards, second most in the nfl and third most ever by a bucs running back. >>> accolades also going out in college football today. ucf wide receiver smith named the american athletic conference rookie of the year. he provided one of the few bright spots for the night miserable season. he had this ridiculous catch night in receptions, receiving yards and touchdowns. >>> in high school ranks, wide receiver and under armour all american e

teague fox appeared in court today to plead his case to the judge. fox is accused of shooting an officer in the arm at the emerald suites hotel, touching off a stand yf that shut down las vegas boulevard. during the hearing fox asked the judge to move to him to another part of the jail because he says the guards near his cell are threatening him. the judge told him the only other option would be solitary confinement and told him he would not want to take that option. >> jim: a texas grand jury has indicted the state trooper who arrested sandra bland. you may remember the 28-year-old died while in custody last year, three days after being arrested during this traffic stop. earlier today the grand jury indicted the trooper on perjury charges. herself with a plastic bag in her jail cell, but her family questions the circumstances of her death. the trooper has been fired and if convicted faces jail time. >> jessica: now, los angeles prosecutors decide not to charge bill cosby on accusations he sexually abused two teens in 1965 and then again in 2008. the

but once again tonight, teague a look at the roadways.hey're shiny but that will turn into black ice. so that's going to be the concern overnight. watching the temperatures, 36 degrees right now. so still above freezing. the high made it up to 40 degrees. winds right now out of the south around 6 miles an hour. but it's already below freezing in lancaster. 32 pottstown. 32 trenton much freezing for you. millville right now looking at upper 20s. so those temperatures will be dropping so anything that melled will refreeze. ultimate doppler dry and quite take look at this disturbance off to the west. that could move through tomorrow afternoon maybe a spotty shower or a wet snowflake but not a whole lot of moisture to work with. so tomorrow morning, sunshine, clouds are going to increase as that disturbance approaches from the west. here's lunch time. you can see green indicating that temperatures will be above freezing and there is a chance for couple of spotty showers, so it should not ab big deal with that system tuesday into early wednesd

suspect teague fox found after a seven hour search. he is facing several charges including attempted murder. another shooting left a 23-year-old man dead on new years eve. it happened near durango and desert inn. police say miscommunication with federal officials led to gun victim in that shooting was not armed. >> anchor: after 35 years, the man at the center of a cold case finally takes a plea deal. walker. plea allows him to avoid guilt but say they have enough evidence to convict him. after five years behind bars shannon's attorneys say he will immediately be available for parole. >> law is five to 15 which means after five years he is parole eligible. >> anchor: attorneys say he will never admit to killing walker. shannon is 65 years old and will be sentenced in march. after that, again, he had immediately apply for parole. still to come this morning. problems in flint get worse. disaster with the city's water turns tragic. when legionnaire's disease is found in the hospital. latest from michigan. this is a story that will warm an

. >>> neighbo in southwest miami-dade are getting teague to step up efforts against crime in their neighborhoods. using surveillance videos to find out about any suspicious activity. >>> and just in case you're joining us just within the last ten minutes or so, we've been talking about this a lot today is your last chance to buy a ticket for the biggest lottery prize in world history. tonight's power ball drawing is for a record breaking $1.5 billion. so if you are the lucky one, just know in florida you're not going to be able to keep it a secret. >> check out our nbc 6 app for full details on all the stories we're covering as you wake up this morning. >>> good wednesday morning. hope your morning is off to a good start. right now taking a look at your drive, i-95 southbound busy out there. but no accidents or major delays we are technically accident free in all of the major roadways. only one crash on the turnpike, that might affect your morning ride. we'll go to our first alert traffic maps and show you where that crash is. right at southwest 211th street, only seeing onlooker delays because

so that's the visual you have to keep in mind teague a snapshot with your eyes and remember it.ow healthy these are to be honest, but this plate looks nice and full and so,. >> it does. i like veggie straws. yeah. they're crunchy. a lot of nair these thing. (laughter). >> that makes you fool like you're get along nice crunchy snack while you're watching a movie or something. i have a couple of sweet things for you, al allegation. first of all, sometimes you go in and you sneak some chocolate chips from the pantry, making chips and when you need a, you know a little something sweet. >> yeah. semi sweet chocolate chips you can eat a lot of them for 150 calories. and satisfy your sweet tooth. so a few chocolate chips i think i counseled out about 60 of them here if you're counting. and finally, i have these are my kids gummy bears. >> how many gum me bears can you do? >> 20. >> five chips and 20 gummy bea bears. >> yeah. about 50 chocolate chips and about 20 gummy bears. >> i'm going to be to do a lot of the counting. >> this is good when you have a sweet tooth. >> i know. >> that'

. >> chrissy teague en says french fries first thing in the morning.o knows. >> they're saying 25% of customers are value-based. and this mcpick two menu where you get two things for $2 and choose, it's very early days steve easterbrook says. when i have the company doing bill boards, saying, look, we're trying, our food is better. maybe at some point people start to listen to them. >> jane, we trust you to do all of the on the ground research needed to prove that that is true. jane wells out west. our thanks. now to rick santelli and the santelli exchange. >> thanks, kayla. i'm going to continue on. there are so many lessons to learn from mcdonald's. you know, the world we live in, many consider their own personal opinion on what's best to eat to lead a good, healthy lifestyle. and that imprint, of course, goes on to everything like investing. and even though it seems so logical, chipotle regional suppliers, there is a down side there that caught up with them. i guess my point is, is that john fortt just says, was it so easy to change breakfast? the h

and 19 years ago and one day i had a similar sad task along with my colleague, late colleague olin teague, to make the announcement that ""apollo" fire which caused the loss of three distinguished astronauts. i would like to say the committee on science and technology will conduct a very thorough investigation in to the cause of this accident after the nasa has completed their investigation and we invite comments from within and without of the government that may have any comments that would be pertinent so that we can try to have a comprehensive report to make to our colleagues in the congress who have been very supportive of this program over the years. mr. speaker, we are all very saddened. a great personal sadness on the part of my wife nancy and i because we have been very great friends of these members of this crew, and our heartfelt sympathy goes out to the members of their family. >> gentleman from illinois. >> i'd like to yield to the gentleman from new mexico mr. luhan. >> thank the gentleman for yielding. mr. speaker, what a terrible day it is for us. such a tragedy, and we all

from falls roadom fal to the beltway slow downs.ns northbound side now backing up because plows are teagueingspur delays democracyra boulevard to the merge delays back to the beltway.back again, a lot of snow movingw ving traffic 295 snow removal bw parkway northbound at 202. 2. we're dealing with water side s drive it's still shut down shu through about saturday betweenurda bet massachusetts and rock creekk parkway. that is because of really icy conditions.conditns. same story gw parkway by spout by run. 66 inbound a nightmare by nutley street because plows have beense p working hard and backing trafficng tra up past 123.t 1 snow removal both directionsec have patience.e. we'll take look at metro next.k at mro back to you guys.o you >> erin, thanks very much.n, thanks very we'll check in with erin again a in few more minutes.inut not a dough bait but toughbut tough questions for demc demra candidates in iowa last nightt took part in a town hall forum at drake university in u desmoines. >> they were attempting to woo woo undecided iowa voters. fox5's lit political report rep ronica cleary joi

chick teague has flooding going on today.gh tide comes later, we're concerned about that. so we've really got a lost issues throughout the commonwealth that we're dealing with. our goal is to keep all 8.4 million safe. stay home. we'll get your power back as soon as possible. but as they say, 13,000 pieces of equipment on the road. snow will end late at midnight tonight. we've got all day sunday, we're going to have to get all of our primary roads through monday. we hope later monday to be able to take a first run into our secondary roads. but we need folks to work with us. it's a record snowfall in a lot of areas. >> governor a lot of equipment on the road. but do you think there is a need to call in additional help? any thought on calling in the national guard to at least help people get to where they need to go if they're emergency responders? >> it's a good question. and thursday, when i did the executive order and did the staitz of emergency, we called up 500 national guardsmen and women. and then yesterday, was requeste