[00:00.000 --> 00:10.720]  This news flash is brought to you by the Lone Star Lowdown, providing your daily bulletins
[00:10.720 --> 00:12.720]  for the commodities market.
[00:12.720 --> 00:25.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:25.000 --> 00:33.200]  Investments opened up today with gold at $1,183.87 an ounce, silver $16.14 an ounce, Texas crude
[00:33.200 --> 00:44.920]  $58.58 a barrel, and Bitcoin is currently sitting at 236 U.S. currency.
[00:44.920 --> 00:51.160]  Today in history, Friday, April 30, 2004, Major General Antonio Tacuba releases a report
[00:51.160 --> 00:56.480]  detailing his investigation of the 800th Military Police Brigade at Abu Ghraib.
[00:56.480 --> 00:59.680]  Here are some of the following abuses stated in Tacuba's report.
[00:59.680 --> 01:04.360]  U.S. MPs were punching, slapping, and kicking detainees, forcibly arranging detainees in
[01:04.360 --> 01:09.600]  various sexually explicit positions for photographing, forcing detainees to remove their clothing
[01:09.600 --> 01:13.960]  and keeping them naked for several days at a time, positioning a naked detainee on a
[01:13.960 --> 01:19.640]  box with a sandbag on their head and attaching wires to their fingers, toes, and genitalia
[01:19.640 --> 01:26.120]  in order to simulate electrical torture, and even included cases of male MP guards raping
[01:26.120 --> 01:33.120]  female detainees.
[01:33.120 --> 01:38.060]  In recent news, Bernie Sanders, the independent senator from Vermont, self-described democratic
[01:38.060 --> 01:50.360]  socialist, announced his bid for presidency under the Democratic ticket on Thursday.
[01:50.360 --> 01:55.440]  Baltimore Mayor Stephanie Rawlings-Blake instituted a citywide curfew that went into effect Tuesday
[01:55.440 --> 02:00.360]  night, 10 p.m., in response to the series of riots that broke out in light of the death
[02:00.360 --> 02:03.260]  of Freddie Gray in police custody.
[02:03.260 --> 02:07.500]  The curfew will be in place for seven days, at which point the mayor will determine if
[02:07.500 --> 02:10.040]  additional days are needed.
[02:10.040 --> 02:20.240]  Violations of the curfew are considered a misdemeanor offense.
[02:20.240 --> 02:26.440]  According to a Reuters poll, questioning over 4,500 Americans between April 10th and April
[02:26.440 --> 02:31.720]  24th, found that nearly one in five Americans considered themselves libertarian.
[02:31.720 --> 02:38.120]  The percentage got expectedly higher when polling 18-29-year-olds who came in at 32%,
[02:38.120 --> 02:44.600]  in contrast to only 12% with individuals aged 60 or older.
[02:44.600 --> 02:47.280]  The Lone Star Lowdown is currently looking for sponsors.
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[26:34.360 --> 26:46.360]  So I'm trying to get at what is the ramifications of this exclusion of the rules of evidence from a JP court.
[26:46.360 --> 26:54.360]  And how is a JP court bound to due process?
[26:54.360 --> 26:58.360]  What guidance does he have?
[26:58.360 --> 27:00.360]  I mean, after all, he's not a lawyer.
[27:00.360 --> 27:04.360]  They're not necessarily a lawyer.
[27:04.360 --> 27:11.360]  He could well be a lay person and must be presumed to be acting in the capacity of a lay person.
[27:11.360 --> 27:13.360]  Yeah, and which creates a whole separate problem.
[27:13.360 --> 27:22.360]  That means he's now going to get led around by the nose by the prosecuting attorney who is the county attorney and is a lawyer, or an attorney at least.
[27:22.360 --> 27:26.360]  Exactly. So the justice of the peace needs some direction.
[27:26.360 --> 27:30.360]  Yeah, but how can he receive direction from the adverse party?
[27:30.360 --> 27:32.360]  Yeah. Right.
[27:32.360 --> 27:47.360]  And the justice of the peace cannot claim immunity for denying due process simply because he doesn't have direction.
[27:47.360 --> 27:52.360]  He can't use that lack of direction to say, I can do anything I want to.
[27:52.360 --> 27:58.360]  Well, no, you're bound by federal and state constitution to due process.
[27:58.360 --> 28:12.360]  So now this lay person is left with no statutory direction, but still he's bound to provide due process.
[28:12.360 --> 28:16.360]  Yeah, that's a pretty big deal.
[28:16.360 --> 28:18.360]  I'm thinking in terms of remedy.
[28:18.360 --> 28:20.360]  No, no, I understand. I understand.
[28:20.360 --> 28:28.360]  I'm just doing running commentary here on exactly the kind of things we're up against with this argument because they are substantive.
[28:28.360 --> 28:36.360]  Yeah, I'm thinking that this puts the judge on a very serious dime.
[28:36.360 --> 28:42.360]  Now, the judge is up there. He doesn't have the knowledge of learned counsel.
[28:42.360 --> 28:52.360]  He doesn't have the direction of the Supreme Court, but he does have the duty to ensure due process.
[28:52.360 --> 28:55.360]  Well, let's let's take this the other way as well, though, Randy.
[28:55.360 --> 29:00.360]  I mean, let's talk about the JPs that are attorneys.
[29:00.360 --> 29:12.360]  Like, for instance, JP3, she's an attorney, but if she's an attorney, then she should know that the rules of evidence don't apply in her court.
[29:12.360 --> 29:25.360]  And based upon what I've watched her do in specific cases, she's taken full advantage of that fact to favor the prosecution in almost every turn because nobody else knows it.
[29:25.360 --> 29:39.360]  Well, you know, and I'm thinking in terms of due process, in terms of how can you kick her in the behind and always in the back of my mind is screws.
[29:39.360 --> 29:47.360]  Especially when the JP is learning counsel.
[29:47.360 --> 30:01.360]  That's learning counsel. They can't pretend they don't hear the music. We'll be right back.
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[32:00.360 --> 32:04.360]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:04.360 --> 32:12.360]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.360 --> 32:19.360]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:19.360 --> 32:25.360]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[32:59.360 --> 33:11.360]  Live, free speech radio, logosradionetwork.com.
[33:11.360 --> 33:25.360]  Yeah, Mr. Officer, you're taking the law in your head. I want you to follow the law of the land. I don't ask that.
[33:25.360 --> 33:31.360]  Your job is to protect the service, not be abused.
[33:31.360 --> 33:48.360]  When you're going to stop abuse, you'll have power.
[33:48.360 --> 34:06.360]  Okay, we are back. Randy Kelton's, Deborah Stevens' rule of law radio here with our special guest, Eddie Craig. And we were talking about how learned counsel as justice of the peace is screwed.
[34:06.360 --> 34:26.360]  Screws VUS. Screws VUS, it's a 1945 case. Two deputies and a sheriff in a bar, drinking, upset at this black guy, decide to go arrest him. The bartender tries to talk him out of it. They won't be dissuaded.
[34:26.360 --> 34:42.360]  They arrest him, wind up beating him to death on the courthouse steps. They're prosecuted in the state, they're sued in the state, and then sued in the Fed. Well, in the Fed, they complained that they did not have adequate notice that they could be sued both in the state and in the Fed.
[34:42.360 --> 35:02.360]  And under Screws VUS, the court said at page 109 that a private citizen cannot claim ignorance of the law as a defense to prosecution. A public official acting under the color of authority is held to a much higher standard.
[35:02.360 --> 35:28.360]  If a public official violates the ruling of this court and he be saying, he may not be heard to say he knows not what he does. So we have a JP here who has no statutory direction in as concerns the admission of evidence in his court.
[35:28.360 --> 35:44.360]  However, he is bound to constitution and to very well established federal and state law concerning due process.
[35:44.360 --> 36:13.360]  But here he is with no direction. So what happens if a learned counsel sitting in the place of a justice of the peace denies the citizen in the full pre-excess to or enjoyment of a right by denying evidence that the denial has the effect of denying the
[36:13.360 --> 36:39.360]  defendant in his due process right to a fair trial? What direction does he have and what defense does he have if he fails to provide you with all of the protections guaranteed under the constitution and laws?
[36:39.360 --> 36:56.360]  Question being, how would we address an issue where a judge lacking direction exerts a report, reports to exert an authority he doesn't have or in the process denies you in a right?
[36:56.360 --> 37:12.360]  Well, let me see if I can go you one better. How do we challenge the viability of both types of courts when you can't receive equal treatment under the law because the rules are different for the same type of action?
[37:12.360 --> 37:36.360]  It sounds like based on this exclusion that the justice of the peace courts are manifestly unfair and by their very nature violate due process.
[37:36.360 --> 37:51.360]  The court doesn't have to abuse me where I'm forced to stand and answer to a court that is bound to no rule.
[37:51.360 --> 38:08.360]  I'm left with no protections, no 14th Amendment protections and it is, it would seem that it is by its very nature a breach of the 14th Amendment.
[38:08.360 --> 38:13.360]  Yeah.
[38:13.360 --> 38:19.360]  That would be an interesting argument to make.
[38:19.360 --> 38:31.360]  So this brings us down to the point of if you go to a JP court, you can challenge them simply because the rules of evidence don't apply there and there's no standard by which to follow.
[38:31.360 --> 38:36.360]  You go to the municipal court and you say objection, how is this court going to apply the law?
[38:36.360 --> 38:42.360]  Well, they can apply everything. The rules of evidence don't exclude them and so on and so forth.
[38:42.360 --> 38:58.360]  So how would you be able to under the same type of case for more or less what would be considered the same type of venue, would you be able to argue a disparity issue in the municipal courts?
[38:58.360 --> 39:03.360]  Well, I think the argument in the municipal court is somewhat different.
[39:03.360 --> 39:18.360]  You get to argue other issues, peripheral issues like how am I entered into a contract with you and how can you apply your ordinances to me?
[39:18.360 --> 39:20.360]  Well, that's if they're going under ordinances.
[39:20.360 --> 39:33.360]  But if we're going for Class C final only state law offenses, then they have concurrent jurisdiction with the JP courts over those if it's within the territorial limits of a municipality.
[39:33.360 --> 39:49.360]  But the rules of evidence would apply in the municipal court or at least they don't say they don't even if the judge chooses to ignore them while the JP court flat out says none of the JP courts have to abide by this.
[39:49.360 --> 39:54.360]  Yet they both have concurrent jurisdiction.
[39:54.360 --> 40:02.360]  But the concurrent jurisdiction does not imply a concurrent privilege.
[40:02.360 --> 40:03.360]  Right.
[40:03.360 --> 40:10.360]  Just because the JP don't have to pay attention to the rules of evidence doesn't mean the municipal court doesn't.
[40:10.360 --> 40:19.360]  So back to the JP. How do we handle the JP?
[40:19.360 --> 40:25.360]  When he's bound by nothing.
[40:25.360 --> 40:29.360]  That would be the question, or at least one of them.
[40:29.360 --> 40:37.360]  How can they acquire the jurisdictional issue still comes into play as far as I'm concerned on that.
[40:37.360 --> 40:44.360]  They can't apply the rules that everyone else must apply in the same type of case.
[40:44.360 --> 40:53.360]  How can you assert jurisdiction over that case, because just you're asserting jurisdiction, deprives me of equal protection.
[40:53.360 --> 40:55.360]  It deprives me of equal access.
[40:55.360 --> 41:00.360]  It deprives me of equal ability to defend.
[41:00.360 --> 41:05.360]  That is a good point.
[41:05.360 --> 41:13.360]  Assertion of jurisdiction in a court that is governed by the caprice of the judge.
[41:13.360 --> 41:19.360]  Now we got what the Republic of Texas people wanted all this time.
[41:19.360 --> 41:22.360]  They wanted the common law.
[41:22.360 --> 41:25.360]  Well, in this case, you got it.
[41:25.360 --> 41:32.360]  The judge can do anything he wants to, because he's not bound to anything else.
[41:32.360 --> 41:33.360]  Right.
[41:33.360 --> 41:42.360]  And that can't work in this country because of the due process clause, the Fourteenth Amendment.
[41:42.360 --> 41:50.360]  And the Fourth Amendment guarantees you due process.
[41:50.360 --> 41:57.360]  Fourteenth Amendment equal protection, Fourth Amendment due process.
[41:57.360 --> 42:14.360]  So this can't be proper, or I suppose theoretically that a justice of the peace could hold a court wherein he did not deny you due process
[42:14.360 --> 42:27.360]  by organizing the court or by conducting the court in accordance with the rules of evidence.
[42:27.360 --> 42:33.360]  He could do that, but apparently he's not bound to do that.
[42:33.360 --> 42:37.360]  Yeah, but my question would be how could he do that?
[42:37.360 --> 42:42.360]  Because there you draw on the inference that he is not bound to do so.
[42:42.360 --> 42:47.360]  Therefore, I have no parameter to determine if he did so.
[42:47.360 --> 42:48.360]  Exactly.
[42:48.360 --> 42:52.360]  What I'm saying is he could actually follow all of those.
[42:52.360 --> 43:08.360]  However, I am still denied due process when I come before a judge who grants me due process at his caprice.
[43:08.360 --> 43:21.360]  The only time I can be accorded due process is when a judge accords me due process in accordance with law.
[43:21.360 --> 43:28.360]  In this case, I have to appeal to the caprice of the judge.
[43:28.360 --> 43:35.360]  And that on its face denies due process because he is a public servant.
[43:35.360 --> 43:38.360]  I am the master.
[43:38.360 --> 43:48.360]  To have the master be required to appeal to the servant, to the caprice of the servant is just absolutely unconscionable.
[43:48.360 --> 44:02.360]  Randy Kelton, Deborah Stevens, Rule of Law Radio, you're with Eddie Craig, and we'll be right back.
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[46:02.360 --> 46:14.360]  Music
[46:14.360 --> 46:20.360]  If you did not have any problems, where are you going to look for one?
[46:20.360 --> 46:26.360]  If you could not wait any longer, would you purposefully die?
[46:26.360 --> 46:32.360]  Such a gentleman, a soldier, a warrior, a heart slug, scaffolding that keeps his peace.
[46:32.360 --> 46:35.360]  All they're thinking is a misunderstanding.
[46:35.360 --> 46:42.360]  If somebody calls the police, they're watching the spotlight.
[46:42.360 --> 46:43.360]  Okay, we are back.
[46:43.360 --> 46:48.360]  Randy Kelton, Deborah Stevens, Rule of Law Radio here with Eddie Craig.
[46:48.360 --> 46:57.360]  And we're discussing the fact that JPs are not bound by the rules of evidence.
[46:57.360 --> 47:02.360]  And on the break, Eddie brought up an interesting question.
[47:02.360 --> 47:04.360]  Will you address that again, Eddie?
[47:04.360 --> 47:11.360]  Yeah, the question was this would affect the stop with the officer as well, and here's why.
[47:11.360 --> 47:17.360]  If an officer stops you and he can't, you don't know which court he's going to send you to.
[47:17.360 --> 47:19.360]  J.P. or municipal court.
[47:19.360 --> 47:23.360]  Well, the J.P. court not being bound by the rules of evidence,
[47:23.360 --> 47:29.360]  what could you produce that would be considered evidence or inadmissible as evidence
[47:29.360 --> 47:34.360]  when the J.P. court is not bound by any of the rules of evidence?
[47:34.360 --> 47:43.360]  Just producing anything to the officer could be used against you in the J.P. court.
[47:43.360 --> 47:51.360]  If I rolled down the window, I could be producing evidence that could be used against me.
[47:51.360 --> 47:52.360]  Absolutely.
[47:52.360 --> 47:54.360]  They'll say they smelled something.
[47:54.360 --> 48:03.360]  If I speak to the officer, they'll say my speech was slurred.
[48:03.360 --> 48:09.360]  If I do anything to interact with the officer in any way,
[48:09.360 --> 48:16.360]  the officer will maintain that I was agitated.
[48:16.360 --> 48:26.360]  So at this point, not knowing the specific jurisdiction of the particular officer,
[48:26.360 --> 48:33.360]  we would be well advised not to roll down our window, not to speak to him.
[48:33.360 --> 48:42.360]  I watched a video, a YouTube video someone sent me, where a guy had this plastic bag with a string on it.
[48:42.360 --> 48:49.360]  And he deliberately went around chasing down these DUI stops.
[48:49.360 --> 48:53.360]  And when he pulled in, he would slip that plastic bag out the window,
[48:53.360 --> 48:56.360]  roll up his window, and it would be held on a string.
[48:56.360 --> 48:59.360]  And it had his driver's license in it.
[48:59.360 --> 49:06.360]  And it had a document in there that said he reserves his right to remain silent
[49:06.360 --> 49:10.360]  and indicated his concern that if he rolled down his window,
[49:10.360 --> 49:14.360]  they would claim they smelled a controlled substance.
[49:14.360 --> 49:17.360]  If he spoke to them, they would claim he had slurred speech,
[49:17.360 --> 49:21.360]  that he apologized that he could not trust them.
[49:21.360 --> 49:25.360]  And he videotaped one after the other, these policemen reading all of this
[49:25.360 --> 49:28.360]  and then just waving him on through.
[49:28.360 --> 49:32.360]  Now, I'm sure he didn't include the videotapes of the ones where they broke the window out
[49:32.360 --> 49:36.360]  and jerked it through the window and beat him into unconsciousness.
[49:36.360 --> 49:40.360]  But I thought that was an interesting idea.
[49:40.360 --> 49:44.360]  Yeah, but now let me tell you the problems with that idea is I understand them.
[49:44.360 --> 49:48.360]  The guy that started that was a Florida attorney.
[49:48.360 --> 49:56.360]  As an attorney, he should know that any offer of information is a waiver of your right to remain silent
[49:56.360 --> 49:59.360]  if that information can be used against you.
[49:59.360 --> 50:04.360]  Now, we've covered the fact that a driver's license has the potential to incriminate you in other ways,
[50:04.360 --> 50:09.360]  as does an insurance card or anything else that they want you to produce.
[50:09.360 --> 50:14.360]  The license could have an old address on it, so they cite you for not having the address changed.
[50:14.360 --> 50:18.360]  You accidentally, just because you lived there for 15 years,
[50:18.360 --> 50:23.360]  you cite the old address instead of the new one after you changed it.
[50:23.360 --> 50:27.360]  Since you're in a custodial arrest, you just gave false information to the officer,
[50:27.360 --> 50:32.360]  now you've got a felony on your hands or a Class A misdemeanor on your hands.
[50:32.360 --> 50:41.360]  Anything you produce can be used against you other than verbally stating your name, address, and date of birth.
[50:41.360 --> 50:46.360]  That can be used to see if you've got outstanding warrants and so on and so forth,
[50:46.360 --> 50:51.360]  which is a separate issue in my book where the Supreme Court said, oh, that can't hurt you,
[50:51.360 --> 50:53.360]  bunch of morons.
[50:53.360 --> 50:59.360]  But production of those physical documents most certainly can be used against you in court
[50:59.360 --> 51:02.360]  and to potentially incriminate you in other ways.
[51:02.360 --> 51:07.360]  That attorney in Florida should know that, but he did it anyway.
[51:07.360 --> 51:17.360]  If you speak to them to tell them your name, address, and date of birth, then your speech was slurred.
[51:17.360 --> 51:19.360]  Exactly.
[51:19.360 --> 51:22.360]  But there's nothing to say you have to do it verbally either.
[51:22.360 --> 51:27.360]  You're not required in Texas to produce a physical ID of any kind.
[51:27.360 --> 51:31.360]  It doesn't say you have to speak that to them.
[51:31.360 --> 51:37.360]  You can give them a typewritten piece of paper with your name, address, and date of birth on it.
[51:37.360 --> 51:39.360]  Which brings up an issue.
[51:39.360 --> 51:44.360]  I was recently stopped for speeding in a school zone.
[51:44.360 --> 51:50.360]  I was going down a street, and I had a bunch of street repair equipment,
[51:50.360 --> 51:55.360]  and they sent me down this detour, and I had to get back to the main street I needed to be on.
[51:55.360 --> 51:57.360]  I had to go through a parking lot.
[51:57.360 --> 52:03.360]  And I came out past the school zone flashing light.
[52:03.360 --> 52:05.360]  And I pulled out, and these cars are just creeping.
[52:05.360 --> 52:07.360]  I'm thinking, what is wrong with these people?
[52:07.360 --> 52:11.360]  I pulled around this guy, and there was the end of the school zone sign.
[52:11.360 --> 52:14.360]  The cop turned his blinkers and turned his lights on.
[52:14.360 --> 52:16.360]  He knew exactly what was going on.
[52:16.360 --> 52:18.360]  He was sitting there waiting for that.
[52:18.360 --> 52:20.360]  So he pulled me over.
[52:20.360 --> 52:26.360]  And I handed him my license, and I said, when you go back there, you might run my name on the DOT.
[52:26.360 --> 52:29.360]  I'm registered with the DOT as a private operator.
[52:29.360 --> 52:31.360]  You might want to check that.
[52:31.360 --> 52:33.360]  Okay, and he goes back.
[52:33.360 --> 52:37.360]  He came back, handed me my license, and said, well, we seem to have a computer problem,
[52:37.360 --> 52:39.360]  so I'm just going to write you a warning.
[52:39.360 --> 52:45.360]  And the woman I have working for me, she was just irate that he didn't give me a ticket.
[52:45.360 --> 52:47.360]  But he knew.
[52:47.360 --> 52:50.360]  Now, that was information I could give him.
[52:50.360 --> 52:54.360]  Well, let me interject there.
[52:54.360 --> 52:57.360]  Let me tell you what he should have known.
[52:57.360 --> 53:02.360]  He should have known he had no probable cause to stop you at all, allegedly, for speeding.
[53:02.360 --> 53:04.360]  None, nada, zip.
[53:04.360 --> 53:06.360]  Several reasons for that.
[53:06.360 --> 53:10.360]  First off, Texas does not define an offense for speeding.
[53:10.360 --> 53:16.360]  There is the word offense, and the word misdemeanor do not appear in the two speeding statutes.
[53:16.360 --> 53:18.360]  Nowhere.
[53:18.360 --> 53:26.360]  Yet Texas Penal Code 1.03 specifically states that no offense shall be punishable
[53:26.360 --> 53:30.360]  unless the statute specifically defines it as such.
[53:30.360 --> 53:38.360]  But does the chapter in which the statute occurs, and sometimes at the end of the chapter, they say it states that.
[53:38.360 --> 53:43.360]  No, there is absolutely nothing in the section that's dealing with speeding that creates an offense.
[53:43.360 --> 53:44.360]  Nothing.
[53:44.360 --> 53:45.360]  Ooh, wonderful.
[53:45.360 --> 53:47.360]  Now, here's their other problem.
[53:47.360 --> 53:56.360]  They try to use 542.401 to say that they can create an offense with a default $200 fine.
[53:56.360 --> 54:10.360]  You go read 542.401, it specifically states that if it is defined as an offense, classified as a misdemeanor,
[54:10.360 --> 54:18.360]  well, it's not defined, and it's not classified because neither term appears in the statute relating to speeding.
[54:18.360 --> 54:28.360]  Yeah, and if I remember right, there's a place in the Code of Criminal Procedure that says offenses are designated felonies or misdemeanors.
[54:28.360 --> 54:29.360]  Correct.
[54:29.360 --> 54:35.360]  Meaning that if it's not designated a felony or a misdemeanor, it is not an offense.
[54:35.360 --> 54:39.360]  Yeah, and there are tons of those in the transportation code.
[54:39.360 --> 54:45.360]  There's a ton of them that just say a person commits an offense, and it doesn't define what class of offense.
[54:45.360 --> 54:53.360]  So the assumption is, the assumption is that it's a Class C misdemeanor, okay?
[54:53.360 --> 54:59.360]  And they do that because of 542.
[54:59.360 --> 55:07.360]  So none of these people that we call judges and prosecutors are bothering to fact check their legal arguments
[55:07.360 --> 55:12.360]  against the actual statutes that are supposed to control those arguments.
[55:12.360 --> 55:16.360]  But essentially, they know.
[55:16.360 --> 55:17.360]  They don't care.
[55:17.360 --> 55:19.360]  Well, they can't claim they don't know.
[55:19.360 --> 55:23.360]  Exactly. They don't care because it's all about the money.
[55:23.360 --> 55:30.360]  And always, my question is, what is the remedy?
[55:30.360 --> 55:47.360]  And recently, I've opened the door to a grand jury outside the court jurisdiction where an offense occurs.
[55:47.360 --> 55:50.360]  By that, I mean the argument that we brought.
[55:50.360 --> 55:59.360]  And everybody who listens has probably heard this several times, that while there's a restriction on, a venue restriction on district judges,
[55:59.360 --> 56:10.360]  there's no venue restriction on a grand jury so we can take a criminal complaint against someone in one county to a grand jury in another county.
[56:10.360 --> 56:28.360]  If we can craft this argument artfully, what are the odds if we file a complaint against a local justice of the peace of magistrate who is really a stinker?
[56:28.360 --> 56:33.360]  And we filed that with 254 counties in the state of Texas.
[56:33.360 --> 56:52.360]  What's the likelihood we might just might get someone on a grand jury who's been screwed over on a ticket violation and would like nothing more than to pay back one of these JP or municipal judges?
[56:52.360 --> 56:56.360]  I'm going to suggest that we have remedy.
[56:56.360 --> 57:00.360]  And the grand jury is the remedy.
[57:00.360 --> 57:10.360]  We got complaints filed against the Dallas County District Attorney in Travis County, I'm sorry, in Tarrant County.
[57:10.360 --> 57:17.360]  Accusing the Dallas County District Attorney of doing something in Dallas County, and we filed in Tarrant County.
[57:17.360 --> 57:26.360]  And once I demonstrated the law to the Tarrant County District Attorney, she stood aside and let me go directly to the grand jury.
[57:26.360 --> 57:47.360]  So what's going to happen if we start setting up these JP's and municipal judges to do the garbage that they always do and then start taking complaints to every surrounding grand jury?
[57:47.360 --> 57:56.360]  I just had a sheriff's deputy call me because I sent a tort letter to a furniture company.
[57:56.360 --> 58:07.360]  And I was sending out a sample of my soap to someone and I taped the envelope with the guy's name and address on it to the manila envelope that I put soap in.
[58:07.360 --> 58:13.360]  Except I got the wrong envelope and sent it to the guy I was sending the tort letter to.
[58:13.360 --> 58:19.360]  And he was real unhappy that he found this bar of soap in there he didn't expect.
[58:19.360 --> 58:25.360]  And he called the sheriff's department and reported a quiet substance being sent to him.
[58:25.360 --> 58:29.360]  And the sheriff's department called me.
[58:29.360 --> 58:32.360]  That really got my attention.
[58:32.360 --> 58:42.360]  When the sheriff's department or the investigator for the district attorney calls a JP to find out why he shouldn't be arrested, it's going to get his attention.
[58:42.360 --> 58:50.360]  Hang on Randy Kelton, Debra Stevens, The Rule of All Radio, we'll be right back.
[58:50.360 --> 58:54.360]  The Bible remains the most popular book in the world.
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[59:47.360 --> 59:52.360]  That's freestudybible.com.
[59:52.360 --> 01:00:05.360]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:05.360 --> 01:00:12.360]  This news flash is brought to you by the Lone Star Lowdown, providing your daily bulletins for the commodities market.
[01:00:12.360 --> 01:00:24.360]  Today in history, news updates and the insights scoop into the tides of the alternative.
[01:00:24.360 --> 01:00:44.360]  Markets opened up today with gold at $1183.87 an ounce, silver $16.14 an ounce, Texas crude $58.58 a barrel, and Bitcoin is currently sitting at 236 U.S. currency.
[01:00:44.360 --> 01:00:56.360]  Today in history, Friday, April 30, 2004, Major General Antonio Tacuba released his report detailing his investigation of the 800th Military Police Brigade at Abu Ghraib.
[01:00:56.360 --> 01:00:59.360]  Here are some of the following abuses stated in Tacuba's report.
[01:00:59.360 --> 01:01:12.360]  U.S. MPs were punching, slapping, and kicking detainees, forcibly arranging detainees in various sexually explicit positions for photographing, forcing detainees to remove their clothing and keeping them naked for several days at a time.
[01:01:12.360 --> 01:01:33.360]  Detainees positioning a naked detainee on a box with a sandbag on their head and attaching wires to their fingers, toes, and genitalia in order to simulate electrical torture, and even included cases of male MP guards raping female detainees.
[01:01:33.360 --> 01:01:50.360]  In recent news, Bernie Sanders, the independent senator from Vermont, self-described democratic socialist, announced his bid for presidency under the Democratic ticket on Thursday.
[01:01:50.360 --> 01:02:03.360]  Baltimore Mayor Stephanie Rawlings-Blake instituted a citywide curfew that went into effect Tuesday night, 10 p.m., in response to the series of riots that broke out in light of the death of Freddie Gray in police custody.
[01:02:03.360 --> 01:02:09.360]  The curfew will be in place for seven days, at which point the mayor will determine if additional days are needed.
[01:02:09.360 --> 01:02:19.360]  Violations of the curfew are considered a misdemeanor offense.
[01:02:19.360 --> 01:02:31.360]  According to a Reuters poll, questioning over 4,500 Americans between April 10 and April 24, found that nearly one in five Americans consider themselves libertarian.
[01:02:31.360 --> 01:02:44.360]  The percentage got expectedly higher when polling 18- to 29-year-olds who came in at 32 percent, in contrast to only 12 percent with individuals aged 60 or older.
[01:02:44.360 --> 01:02:56.360]  The Lone Star Lowdown is currently looking for sponsors. If you have a product or a service that you would like to advertise in the Lowdown, feel free to give us a call, 210-863-5617.
[01:02:56.360 --> 01:03:15.360]  This has been the Lowdown for April 30, 2015.
[01:03:26.360 --> 01:03:54.360]  OK, we are back.
[01:03:54.360 --> 01:04:04.360]  Randy Kelton, Deborah Stevens here with Eddie Craig, Root of All Radio, and we're talking about the remedy.
[01:04:04.360 --> 01:04:14.360]  And what I really like about this is Eddie is such a craft master of the code.
[01:04:14.360 --> 01:04:26.360]  And it's been my experience when you go before these courts and you know the code better than they do, they find it very intimidating.
[01:04:26.360 --> 01:04:44.360]  And I was just in a J.P. court recently and the judge, the judge's name was J.P. Judge was Spurringen, big tall guy. He was absolutely furious.
[01:04:44.360 --> 01:04:59.360]  But he was extremely careful because we had I had filed complaints against the Dallas County District Attorney and I have no doubt that every judge and J.P.
[01:04:59.360 --> 01:05:05.360]  in the both districts know all about that. These guys really keep in touch.
[01:05:05.360 --> 01:05:16.360]  We filed some challenges to subject matter jurisdiction in J.P. courts and had a number of J.P. courts deny the challenge subject matter jurisdiction without reading it.
[01:05:16.360 --> 01:05:24.360]  And then I bushwhacked a judge in Mansfield, Texas, Judge Hayes.
[01:05:24.360 --> 01:05:35.360]  Actually, it was just kind of a lark. I was just kind of screwing around. But it turned out to be one of the most powerful things that I've done up here.
[01:05:35.360 --> 01:05:44.360]  And most of you've heard the story about me telling the judge that me standing at the bar when a friend of mine was having a hearing, the judge looked up and said,
[01:05:44.360 --> 01:05:49.360]  Can I help you? And I said, Yes, Your Honor. My name is Randy Kelton and I have a hearing deficiency.
[01:05:49.360 --> 01:05:59.360]  Well, Mr. Kelton, just what's wrong with your hearing? Judge, I was down in Mexico the other day and I drank too much of that cheap tequila and lost my hearing aid.
[01:05:59.360 --> 01:06:05.360]  Well, Mr. Kelton, why are you telling me this? I said, Well, Judge, do you have accommodations here in the bar?
[01:06:05.360 --> 01:06:10.360]  No, Mr. Kelton, I do not. Well, you have a sound system here. Will you turn it up? No, I will not.
[01:06:10.360 --> 01:06:17.360]  Well, then will you speak up? And he did. I told the batiff I didn't sound. Shut up. He stole me out of the courtroom.
[01:06:17.360 --> 01:06:26.360]  So I sat down and shut up. Came to my hearing. I sat down at my hearing. I started the hearing and I objected. I'm here at arm's length to the court.
[01:06:26.360 --> 01:06:34.360]  I have a challenge subject matter jurisdiction before the court. Yes, Mr. Kelton, you just filed that 20 minutes ago. Yes, Your Honor. As a matter of fact, I did.
[01:06:34.360 --> 01:06:42.360]  Well, Mr. Kelton, I'm going to deny that. So you're going to deny that challenge subject matter jurisdiction without reading? Yes, Mr. Kelton, I am. We're done here.
[01:06:42.360 --> 01:06:51.360]  I closed my folder, got up, got to the bar, pointed at the bailiff. You come with me. I get to the door and these two bailiffs are standing there looking confused.
[01:06:51.360 --> 01:07:00.360]  I pointed at one of them. Well, one of them comes on out. Big, real big guy. And he said, What can I do for you, Mr. Kelton? I need you to arrest the judge.
[01:07:00.360 --> 01:07:09.360]  Well, why would I arrest the judge? Class A misdemeanor of official oppression, criminal violation 3903, penal code. In that he failed to perform a duty he was required to perform.
[01:07:09.360 --> 01:07:20.360]  And in the process denied me to pull free access to rejoin the right. Well, what duty did he fail to perform? He failed to give me accommodation under the Americans with Disabilities Act.
[01:07:20.360 --> 01:07:32.360]  And the bailiff said, Well, Mr. Kelton, why didn't you tell the judge about the Americans with Disabilities Act? Heck, if I'd have done that, he might have turned the sound system up.
[01:07:32.360 --> 01:07:42.360]  And the bailiff took a step back and stood there a minute. And then his grin kind of creeped across his face and he said, You set him up.
[01:07:42.360 --> 01:07:52.360]  As a matter of fact, that did. It turned out that that was probably the most powerful thing I have done.
[01:07:52.360 --> 01:08:06.360]  Because after that, a friend of mine gave some clients, three different clients, my challenge subject matter jurisdiction. Judge Hayes, the exact same judge, gets two of them in one day.
[01:08:06.360 --> 01:08:21.360]  And he said, Well, it seems that someone's been looking on the Internet. But he read both pleadings complete. He did deny them, but he read the entire pleadings.
[01:08:21.360 --> 01:08:32.360]  What that told these judges is this jerk is coming out here and deliberately setting up judges so he can sting them.
[01:08:32.360 --> 01:08:35.360]  And that's why I was.
[01:08:35.360 --> 01:08:40.360]  And it seems to have scared the bejesus out of them.
[01:08:40.360 --> 01:08:54.360]  We need more people doing this. And from this conversation with Eddie, a traffic ticket before JP is a perfect place to do this.
[01:08:54.360 --> 01:09:03.360]  Because now you have the JP in a quandary.
[01:09:03.360 --> 01:09:07.360]  What is he to do?
[01:09:07.360 --> 01:09:18.360]  What direction does he have? How does he know when he is within scope and when he's outside of scope?
[01:09:18.360 --> 01:09:21.360]  He has no direction.
[01:09:21.360 --> 01:09:44.360]  If we make it a few people start filing complaints against these JPs, as my suggestion, the more specific and technical the complaint is and the less personal it is, the more powerful it is.
[01:09:44.360 --> 01:09:55.360]  I went in and filed criminal charges against this justice of the peace for denying me in the an accommodation under the hearing under the Americans with Disabilities Act.
[01:09:55.360 --> 01:10:01.360]  That is such a technical complaint. It's not personal.
[01:10:01.360 --> 01:10:09.360]  I'm not claim claiming that he did something absolutely horrible with something really nitpicking.
[01:10:09.360 --> 01:10:18.360]  Because I couldn't hear what went on in a case that I had no business in.
[01:10:18.360 --> 01:10:22.360]  But because I couldn't hear it, I want the judge arrested.
[01:10:22.360 --> 01:10:26.360]  Those are absolutely the most powerful.
[01:10:26.360 --> 01:10:44.360]  When you set the judge up to step across a teensy, teensy little legal line and then kick him right in his professional behind, now they get the impression that every time you walk in the courtroom, you're trying to set him up.
[01:10:44.360 --> 01:10:54.360]  And I can tell you from experience, in spite of their facade of arrogance, they're terrified.
[01:10:54.360 --> 01:10:59.360]  They know what they don't want you to know.
[01:10:59.360 --> 01:11:05.360]  That when you walk into the courtroom, you are the baddest motor scooter in the building.
[01:11:05.360 --> 01:11:11.360]  And they will do everything they can to keep you from understanding that.
[01:11:11.360 --> 01:11:17.360]  You are the only one that can really take them to the wall.
[01:11:17.360 --> 01:11:24.360]  You can bargrieve the lawyers, you can judicial conduct, complaint the judge, you can file criminal charges against all of them.
[01:11:24.360 --> 01:11:29.360]  And nobody can do anything about it. They can't even mention it to you.
[01:11:29.360 --> 01:11:34.360]  You file a bar grievance and they mention it. You file a bar grievance for that because they're forbidden to.
[01:11:34.360 --> 01:11:43.360]  You file a criminal complaint and they mention it. You charge them with tampering with a witness, obstruction of justice.
[01:11:43.360 --> 01:11:46.360]  If you're afraid of these guys and you think they'll come after you,
[01:11:46.360 --> 01:11:55.360]  you start filing complaints against them. Use our procedure to work your way up as high as you can.
[01:11:55.360 --> 01:12:02.360]  File against the judge with the district attorney. When the district attorney doesn't act on it, file against him with the district judge.
[01:12:02.360 --> 01:12:11.360]  And then the first time anybody says anything to you that you can construe as in any way intimidating,
[01:12:11.360 --> 01:12:19.360]  you accuse that district judge of sending this guy to retaliate against you.
[01:12:19.360 --> 01:12:24.360]  And you file a complaint against the district judge for it. Well, the district judge, when he gets it, he's innocent,
[01:12:24.360 --> 01:12:30.360]  he's driven to snow and he's going to go ballistic on all these guys below them.
[01:12:30.360 --> 01:12:37.360]  I don't get these guys retaliating against me. I get them going the other way when they see me.
[01:12:37.360 --> 01:12:50.360]  If we can get two or three people in every county that the judges and the police look at from this perspective,
[01:12:50.360 --> 01:13:01.360]  that will get them to understand who the real power in the county is. It's you and it's me. Does that make sense, Eddie?
[01:13:01.360 --> 01:13:04.360]  For the most part, yes.
[01:13:04.360 --> 01:13:12.360]  It sounds like fun. It always sounds like fun. We just have to get people that can properly do the delivery.
[01:13:12.360 --> 01:13:29.360]  Very well said. We can't have any emotion. This has to be fun. If it's not fun, you make it too serious and then you make tactical errors.
[01:13:29.360 --> 01:13:35.360]  We have to do our homework. And everybody doesn't have to do this.
[01:13:35.360 --> 01:13:45.360]  Most of the people out there have too much going on, but there are a few people out there that have the time and the inclination
[01:13:45.360 --> 01:13:52.360]  to listen to the information Eddie gives you. I always enjoy doing shows with Eddie because he is so technical.
[01:13:52.360 --> 01:13:59.360]  He really takes me to the wall on the wall. I talked to him before the show and I was concerned.
[01:13:59.360 --> 01:14:09.360]  I'm trying to map the whole argument because I know he's going to bury me. He's so far ahead of me in this. I feel like a novice.
[01:14:09.360 --> 01:14:15.360]  Well, the technical stuff I've got down. Being a programmer, you get technical real quick.
[01:14:15.360 --> 01:14:23.360]  You learn to look at the finite details and then you learn when those details don't logically fit and thus you find your errors.
[01:14:23.360 --> 01:14:30.360]  That's all I do with this code. I take it apart the same way I take apart a program that I notice an anomaly or a bug in.
[01:14:30.360 --> 01:14:42.360]  Something doesn't fit. What is it? Unfortunately, since so many hands are in these codes, it's not hard to find anomalies. It's really not.
[01:14:42.360 --> 01:14:51.360]  Very little fits when you look really close. Exactly. You can look at any particular part of any code dealing with the same subject.
[01:14:51.360 --> 01:14:59.360]  For instance, the difference between a criminal complaint discussion in Chapter 45 versus that in Chapter 15 versus criminal complaints
[01:14:59.360 --> 01:15:06.360]  throughout the rest of that and within the Constitution. The courts are calling the criminal complaints criminal affidavits.
[01:15:06.360 --> 01:15:15.360]  When their own case law says a complaint can never be a valid affidavit and because it can never be a valid affidavit,
[01:15:15.360 --> 01:15:24.360]  I have a real problem with them coming up with the argument that it somehow invests the court with jurisdiction because it's not a sworn instrument.
[01:15:24.360 --> 01:15:32.360]  How can it invest the court with jurisdiction? Yeah. And the way I read the code, a criminal complaint can never invest the court with jurisdiction.
[01:15:32.360 --> 01:15:45.360]  Yeah. In the code, it can't. In the Constitution, it can't. It can only invest a magistrate with jurisdiction for the purpose of holding an examining trial and nothing else.
[01:15:45.360 --> 01:15:52.360]  Then the magistrate's order under 1617, that gives the court jurisdiction.
[01:15:52.360 --> 01:16:01.360]  Well, let me throw you out of supposition on that statement about it gives a magistrate power to hold an examining trial.
[01:16:01.360 --> 01:16:07.360]  We know that the examining trial is for the purpose of introducing evidence, correct? Yes.
[01:16:07.360 --> 01:16:17.360]  And we know that it isn't until the examining trial is completed and probable cause has been found that the process of an indictment and information are supposed to carry forward.
[01:16:17.360 --> 01:16:21.360]  Yes. So I'm going to go you one better.
[01:16:21.360 --> 01:16:35.360]  A criminal complaint's original intent and purpose is to invest an investigative agency with the power to investigate the allegation for the purpose of getting it before a magistrate.
[01:16:35.360 --> 01:16:44.360]  I'm going to disagree with that. There's nothing in law that directs a complaint to an investigation.
[01:16:44.360 --> 01:16:50.360]  I didn't say direct it to them. I never said direct. I said invest them with the power to investigate.
[01:16:50.360 --> 01:16:55.360]  It does that, but it has nothing to do with your duty to file a complaint with a magistrate.
[01:16:55.360 --> 01:17:23.360]  Hang on, Randy Kelton, they're perceiving the news on our radio. We'll be right back.
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[01:19:00.360 --> 01:19:17.360]  This is the Logos Mofogo Radio Network.
[01:19:30.360 --> 01:19:39.360]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:19:39.360 --> 01:19:46.360]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[01:19:46.360 --> 01:19:51.360]  This is the Logos Mofogo Radio Network.
[01:19:51.360 --> 01:20:07.360]  All right, folks, we are back.
[01:20:07.360 --> 01:20:14.360]  This is Thursday Night Rule of Law Radio with Randy Kelton and me, your special guest tonight, Eddie Craig.
[01:20:14.360 --> 01:20:18.360]  Call in number 512-646-1984.
[01:20:18.360 --> 01:20:19.360]  The phones are now open.
[01:20:19.360 --> 01:20:26.360]  We have more or less completed our discussion other than just trying to get the details hashed out here.
[01:20:26.360 --> 01:20:30.360]  So, Randy, where else did you want to go while we're waiting on somebody to get up on the board?
[01:20:30.360 --> 01:20:32.360]  We actually have someone.
[01:20:32.360 --> 01:20:40.360]  We'll give them a second to be screened, but essentially you're the meat and I'm hoping that I'm the potatoes.
[01:20:40.360 --> 01:20:54.360]  The one thing that I'm hoping I can get people to understand is taking these public officials to task is just way too much fun.
[01:20:54.360 --> 01:21:00.360]  We're used to public officials intimidating us and threatening us.
[01:21:00.360 --> 01:21:13.360]  But when they have the opinion that you were there for no other reason than to set them up so that you can kick them in their professional behinds,
[01:21:13.360 --> 01:21:25.360]  you get to see a whole other side of them, that they are far more frightened of us than they ever want us to understand.
[01:21:25.360 --> 01:21:32.360]  And we've had a number of people on the show that I had to warn them that you are having way too much fun with this.
[01:21:32.360 --> 01:21:34.360]  And they tend to always agree.
[01:21:34.360 --> 01:21:46.360]  So for the few of you who have fed up with the nonsense that's going on and you're willing to take them on,
[01:21:46.360 --> 01:21:53.360]  Eddie and I will do everything we can to help you because if we're ever going to get this system fixed, this is how we're going to do it.
[01:21:53.360 --> 01:21:57.360]  Okay, we have some callers. We're going to go to Terry in Missouri.
[01:21:57.360 --> 01:22:00.360]  Hello, Terry, what do you have for us today?
[01:22:00.360 --> 01:22:02.360]  Yeah, good evening, Randy.
[01:22:02.360 --> 01:22:10.360]  I guess it's a long line, third time I've called you about the Faircret Reporting Act case and kind of an update.
[01:22:10.360 --> 01:22:15.360]  I've set my second set of bar grievances against this attorney.
[01:22:15.360 --> 01:22:26.360]  She's got them and that involves a falsified affidavit and need a little bit of your guidance on a little bit of stuff here.
[01:22:26.360 --> 01:22:32.360]  Last Monday I filed in federal court a motion for a more definite statement.
[01:22:32.360 --> 01:22:37.360]  I actually cited the wrong rule. It was for the pleadings instead of a court order.
[01:22:37.360 --> 01:22:40.360]  I corrected that. Both were denied.
[01:22:40.360 --> 01:22:50.360]  Then I filed a motion for reconsideration. All three motions were denied pretty quickly within an hour.
[01:22:50.360 --> 01:23:01.360]  However, when I filed on the same day, which was last Monday, the motion to strike the perjured affidavit,
[01:23:01.360 --> 01:23:11.360]  at this point the judge has not touched that motion and my questions this evening are,
[01:23:11.360 --> 01:23:16.360]  and I think you've kind of told me, but I was a little bit uncertain,
[01:23:16.360 --> 01:23:25.360]  to go ahead and file a criminal judicial misconduct complaint against this judge?
[01:23:25.360 --> 01:23:36.360]  I'm not sure. I know it wouldn't hurt, but I've read your original pleading.
[01:23:36.360 --> 01:23:44.360]  You had an amended pleading that I didn't get. Jeff Cedric sent me your original pleading
[01:23:44.360 --> 01:23:52.360]  and he has some serious concerns about your position in the case.
[01:23:52.360 --> 01:24:09.360]  The right question is, what defenses are the defendants bringing to your complaint?
[01:24:09.360 --> 01:24:18.360]  The only defense they've tried so far is they're quoting and they're misquoting the wrong sections
[01:24:18.360 --> 01:24:29.360]  as a Fair Credit Reporting Act, which is 15 U.S.C. 1681 S-2, lowercase a,
[01:24:29.360 --> 01:24:34.360]  and that's always for the government to go after furnishers.
[01:24:34.360 --> 01:24:42.360]  That's not what I'm suing them under. Mine's under section 1681 S-2, lowercase,
[01:24:42.360 --> 01:24:52.360]  and that's the gist of the complaint with the fact that they failed
[01:24:52.360 --> 01:24:57.360]  and they've admitted to the fact they failed to do a reinvestigation
[01:24:57.360 --> 01:25:04.360]  and they've got these multiple banks stuck in my credit report with one credit card account
[01:25:04.360 --> 01:25:10.360]  and they cannot do that and I kept all my reports for 4.5 years to prove that.
[01:25:10.360 --> 01:25:15.360]  Okay, well, I had a caller call in and was concerned.
[01:25:15.360 --> 01:25:23.360]  One of the concerns and the reason I asked the questions that I did was statute of limitations.
[01:25:23.360 --> 01:25:30.360]  Did you file your original action within the statute of limitations set by the legislature
[01:25:30.360 --> 01:25:33.360]  when they passed Fair Credit Reporting Act?
[01:25:33.360 --> 01:25:38.360]  Yes, I did. There's two sections, one's two years, the other one's five,
[01:25:38.360 --> 01:25:43.360]  and I'm within the five-year period of statute of limitations
[01:25:43.360 --> 01:25:48.360]  and I have all the case law that supports all that, even the Eighth Circuit decision,
[01:25:48.360 --> 01:25:50.360]  so yes, I'm fine there.
[01:25:50.360 --> 01:25:53.360]  Okay, good, because that's why I asked that question.
[01:25:53.360 --> 01:26:00.360]  Even if you weren't, apparently they didn't bring that issue, so that's not an issue before the court.
[01:26:00.360 --> 01:26:06.360]  Jeff, if you're listening out there, I would like you to call in and give some direction.
[01:26:06.360 --> 01:26:13.360]  Jeff was concerned about calling in because he was concerned he would create a controversy.
[01:26:13.360 --> 01:26:17.360]  He thinks there are problems with your case
[01:26:17.360 --> 01:26:26.360]  and Jeff Sedgwick is probably one of the most knowledgeable people that I've ever dealt with in these areas
[01:26:26.360 --> 01:26:28.360]  and I would very much like to get his input.
[01:26:28.360 --> 01:26:33.360]  He's concerned about controversy.
[01:26:33.360 --> 01:26:38.360]  He's concerned about saying, hey, Terry, you're screwed up,
[01:26:38.360 --> 01:26:42.360]  and I'm telling him, don't be afraid to say, hey, Terry, you're screwed up.
[01:26:42.360 --> 01:26:50.360]  Terry would much rather hear that here than he would in the courtroom in front of the judge
[01:26:50.360 --> 01:26:55.360]  and you've apparently done a lot of research, so you probably have answers for him
[01:26:55.360 --> 01:26:59.360]  and I'm hoping that Jeff will call in.
[01:26:59.360 --> 01:27:05.360]  Well, I would welcome that, but I can also tell you that every document I have filed,
[01:27:05.360 --> 01:27:09.360]  me and Michael have gone through it multiple times
[01:27:09.360 --> 01:27:13.360]  and he knows this case just about as well as I do
[01:27:13.360 --> 01:27:19.360]  and he knows that I have them on the issues that I'm suing them under.
[01:27:19.360 --> 01:27:25.360]  I looked at your first pleading and frankly it was a mess.
[01:27:25.360 --> 01:27:27.360]  Yeah, we corrected all that.
[01:27:27.360 --> 01:27:29.360]  Good, good. I was hoping so.
[01:27:29.360 --> 01:27:31.360]  I was trying to get the second pleading, but I never got it.
[01:27:31.360 --> 01:27:34.360]  I wanted to see it and I understand that.
[01:27:34.360 --> 01:27:37.360]  My first pleadings were a horrible mess
[01:27:37.360 --> 01:27:45.360]  and it took years for me to develop a method for how to do these things so they looked cleaner.
[01:27:45.360 --> 01:27:55.360]  But, okay, so without me going into that part, what questions did you have for me?
[01:27:55.360 --> 01:28:05.360]  Yeah, the question I really have is the fact that it was a subordination of perjury situation
[01:28:05.360 --> 01:28:12.360]  where the lady attorney drafted the affidavit and instructed the bank owner
[01:28:12.360 --> 01:28:17.360]  to make a statement that this little bitty bank issues its own credit cards
[01:28:17.360 --> 01:28:21.360]  when in reality when you go on the gentleman's website,
[01:28:21.360 --> 01:28:27.360]  it clearly shows a federal bank out of Tampa, Florida that issues the credit cards,
[01:28:27.360 --> 01:28:35.360]  which he does not of course, so he definitely lied and the attorney made sure of doing that.
[01:28:35.360 --> 01:28:37.360]  They both did it in conjunction.
[01:28:37.360 --> 01:28:43.360]  Okay, hold on. How is that material to any issue before the court?
[01:28:43.360 --> 01:28:45.360]  How is it material?
[01:28:45.360 --> 01:28:54.360]  Yes. It's only perjury if it's material.
[01:28:54.360 --> 01:29:02.360]  If I tell you I only weigh 180 pounds, it's not material because that's not an issue before the court
[01:29:02.360 --> 01:29:06.360]  and I would be lying like a dog.
[01:29:06.360 --> 01:29:13.360]  So how is the fact that this bank did not issue the credit card?
[01:29:13.360 --> 01:29:22.360]  We made a statement, Randy, that we issue our own credit cards to our customers when in the fact is they do not.
[01:29:22.360 --> 01:29:30.360]  So what? How does that affect an issue before the court?
[01:29:30.360 --> 01:29:37.360]  Because the other company that he used to use, Randy...
[01:29:37.360 --> 01:29:44.360]  Okay, okay. Hold on, hold on. We're about to go to break. Randy Kelton and Deborah Stevens here with Eddie Craig,
[01:29:44.360 --> 01:30:01.360]  Wheelbar Radio. I call it number 512-646-1984. Hang on. We'll be right back.
[01:30:01.360 --> 01:30:08.360]  Ha ha ha ha ha. You may be able to spot a phony laugh, but your body is easily fooled and that's a very good thing.
[01:30:08.360 --> 01:30:15.360]  I'm Dr. Catherine Albrecht and I'll be back in just a moment to tell you why even fake laughter is good medicine.
[01:30:15.360 --> 01:30:21.360]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.360 --> 01:30:26.360]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.360 --> 01:30:31.360]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:31.360 --> 01:30:37.360]  Privacy. It's worth hanging on to. This public service announcement is brought to you by Startpage.com,
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[01:30:45.360 --> 01:30:51.360]  When it comes to laughter, fake it till you make it. Even a forced ha ha ha can trigger the release of endorphins,
[01:30:51.360 --> 01:30:57.360]  the brain chemicals that make you feel good. What's more, laughter boosts your immune system and helps lower blood pressure.
[01:30:57.360 --> 01:31:02.360]  Here are some proven ways for working up a laugh. First, loosen up by shaking out your arms and legs.
[01:31:02.360 --> 01:31:09.360]  Then practice smiling. A fake smile will do. Then open your eyes wide and make laughing noises. Ha ha ha.
[01:31:09.360 --> 01:31:13.360]  Finally, hold your stomach and rock back and forth. But be forewarned.
[01:31:13.360 --> 01:31:20.360]  Pretend chuckles have a way of turning into bona fide belly laughs and they're contagious.
[01:31:20.360 --> 01:31:30.360]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.360 --> 01:33:11.360]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:31.360 --> 01:33:41.360]  Thank you for listening.
[01:34:01.360 --> 01:34:22.360]  Okay, we are back. Randy Kelton, Debra Stevens here with...
[01:34:22.360 --> 01:34:25.360]  Who? Eddie Craig.
[01:34:25.360 --> 01:34:28.360]  Yeah, that guy. That guy.
[01:34:28.360 --> 01:34:32.360]  We're talking to Terry in Missouri. Okay, Terry.
[01:34:32.360 --> 01:34:43.360]  Perjury, how was the statement that this bank issued the credit card material to your case?
[01:34:43.360 --> 01:34:52.360]  One of the companies that I'm suing, he previously used to issue credit cards for the bank that I'm suing, of course.
[01:34:52.360 --> 01:35:01.360]  He had relinquished that long-term contract with them and he's now using this bank out of Florida.
[01:35:01.360 --> 01:35:09.360]  And again, maybe I don't understand your question real well, but he lied on his affidavit is the point I'm making.
[01:35:09.360 --> 01:35:25.360]  Okay, the point I'm making is that relying on an affidavit about a fact that's not material to the case is irrelevant. It's not aggravated perjury.
[01:35:25.360 --> 01:35:32.360]  It's only perjury if you lied about a material fact, the fact that matters.
[01:35:32.360 --> 01:35:42.360]  Okay. And it's only aggravated perjury if that was done with the intent to cause harm to the individual by the action.
[01:35:42.360 --> 01:35:53.360]  Okay. So, you know, everything you say, every time you make a claim, assume the judge is sitting there saying, so what? So what?
[01:35:53.360 --> 01:36:05.360]  What difference does it make? Anytime you accuse the other side of doing something, you have to stipulate how that amounts to harm to you
[01:36:05.360 --> 01:36:14.360]  because you can't bring something before the court unless there is a genuine controversy.
[01:36:14.360 --> 01:36:26.360]  Okay. If we're talking about how much I want for my car and I tell you I only weigh 180 pounds and I'm lying like a dog, it's irrelevant.
[01:36:26.360 --> 01:36:34.360]  It doesn't mean anything because the value of my car doesn't have anything to do with what I weigh. Does that make sense?
[01:36:34.360 --> 01:36:37.360]  Yes, it does.
[01:36:37.360 --> 01:36:47.360]  So back to my question. The fact that this bank never issued the credit card, but they said they did.
[01:36:47.360 --> 01:36:56.360]  Now, on the surface, it sounds to me like it goes to some standing issue. Is that an issue before the court?
[01:36:56.360 --> 01:36:59.360]  I didn't hear you, Randy. Would you repeat that, please?
[01:36:59.360 --> 01:37:09.360]  It sounds like where the court, where the bank said we issued this credit card when actually another credit card company issued it,
[01:37:09.360 --> 01:37:22.360]  that would tend to go to standing to file a presentment based on the debt, presentment being a demand for payment.
[01:37:22.360 --> 01:37:29.360]  If this company demanded payment claiming that they issued the credit card, when in fact they didn't,
[01:37:29.360 --> 01:37:41.360]  and made no other statement that would show that they had standing to make this claim, then the statement would be material.
[01:37:41.360 --> 01:37:45.360]  And a false statement in that regard would be perjury.
[01:37:45.360 --> 01:37:51.360]  Okay. Now I understand.
[01:37:51.360 --> 01:37:55.360]  So what may be happening, you have to be real careful.
[01:37:55.360 --> 01:38:04.360]  These guys are letting you expend all of your energy fighting over something that doesn't matter.
[01:38:04.360 --> 01:38:06.360]  I think I agree.
[01:38:06.360 --> 01:38:09.360]  They're not going to tell you.
[01:38:09.360 --> 01:38:17.360]  You know, it goes to one of my rules, never interfere with your opponent when he's screwing up.
[01:38:17.360 --> 01:38:22.360]  That ain't your rule. That's Napoleon's rule. Never interrupt your enemy while he's busy making mistakes.
[01:38:22.360 --> 01:38:29.360]  I stole it from Napoleon. I am an accomplished plagiarist.
[01:38:29.360 --> 01:38:34.360]  Well, I'll give you that one.
[01:38:34.360 --> 01:38:39.360]  So what are the pertinent issues before the court?
[01:38:39.360 --> 01:38:48.360]  Okay. Let me back up a minute. Have you looked up pattern jury charges for this particular kind of case?
[01:38:48.360 --> 01:38:51.360]  I didn't hear you again, Randy. Repeat that, please.
[01:38:51.360 --> 01:38:56.360]  Have you looked up pattern jury charges for this kind of case?
[01:38:56.360 --> 01:38:58.360]  No.
[01:38:58.360 --> 01:39:14.360]  Okay. First thing you should do when you start preparing a case is determine what your claims are and then look up pattern jury charges for those claims.
[01:39:14.360 --> 01:39:28.360]  Because at the end of the day, the last thing the judge is going to say to the jury is this is what you must determine.
[01:39:28.360 --> 01:39:32.360]  That will be in the pattern jury charge.
[01:39:32.360 --> 01:39:39.360]  Anything else that you would address in the case is fluff.
[01:39:39.360 --> 01:39:51.360]  Essentially irrelevant. If it does not go to what is in the pattern jury charge, everything should be crafted from the pattern jury charge.
[01:39:51.360 --> 01:39:57.360]  Because at the end of the day, that's all that matters.
[01:39:57.360 --> 01:39:59.360]  Take the accusations that you're making.
[01:39:59.360 --> 01:40:04.360]  Take the claims that you have and then look up pattern jury charges for these claims.
[01:40:04.360 --> 01:40:10.360]  You'll be surprised how much that will clarify your pleadings.
[01:40:10.360 --> 01:40:18.360]  Okay. I never knew anything about what you just mentioned, pattern jury charges for claims. I never knew that.
[01:40:18.360 --> 01:40:33.360]  You watch these cases on TV and when it's done, the prosecutor and prosecution and the defense, they sum up their cases and then the judge tells the jury what they must do.
[01:40:33.360 --> 01:40:39.360]  What he's essentially doing is reading them the pattern jury charges.
[01:40:39.360 --> 01:40:42.360]  This is what you must determine.
[01:40:42.360 --> 01:40:51.360]  This is the crime. These are the elements that must be proven or this is the cause of action and these are the elements that must be proven.
[01:40:51.360 --> 01:40:54.360]  Did they prove each one of these elements?
[01:40:54.360 --> 01:41:07.360]  If you prove up anything that doesn't apply to one of these elements, the other side is going to say, wonderful, just waste your time on that stuff that don't matter.
[01:41:07.360 --> 01:41:10.360]  And they're not going to tell you it don't matter.
[01:41:10.360 --> 01:41:21.360]  They're going to jump up and down and wave their arms and rail in righteous indignation and keep you chasing this irrelevant issue.
[01:41:21.360 --> 01:41:37.360]  So I suggest as soon as you get off here or in the morning, look at your causes of action or the torts that you claim and see if you can find pattern jury charges for those claims.
[01:41:37.360 --> 01:41:39.360]  I will do that.
[01:41:39.360 --> 01:41:47.360]  And then compare that to your pleadings. You might want to file an amended pleading.
[01:41:47.360 --> 01:41:50.360]  Okay, if I can.
[01:41:50.360 --> 01:41:59.360]  Well, you might be able to. It depends on where you're at in the case.
[01:41:59.360 --> 01:42:13.360]  Well, like I mentioned to you on your previous shows that I called in, I spent a great deal of time chasing down this lady's rule violations to defend myself.
[01:42:13.360 --> 01:42:25.360]  And of course, the judge said that discovery was closed even though those issues continually, you know, were brought to my attention.
[01:42:25.360 --> 01:42:30.360]  Okay, that was a bit cryptic.
[01:42:30.360 --> 01:42:43.360]  Discoveries closed, but issues were brought to your attention were issues first brought to your attention after discovery was closed.
[01:42:43.360 --> 01:42:54.360]  And the attorney wouldn't serve me, would file motions on the court, never served me, never showed up at mediation, all these things.
[01:42:54.360 --> 01:43:01.360]  Okay, hold on, hold on, different issue, different issue. Discovery is closed.
[01:43:01.360 --> 01:43:09.360]  Did you come to information that indicated the need for discovery after discovery was closed?
[01:43:09.360 --> 01:43:22.360]  And was this information that you did not have equal access to, that the defendant had access to and you didn't have access to?
[01:43:22.360 --> 01:43:24.360]  Yes.
[01:43:24.360 --> 01:43:29.360]  Well, in that case, you need to file a motion to reopen discovery based on new information.
[01:43:29.360 --> 01:43:32.360]  Okay.
[01:43:32.360 --> 01:43:34.360]  Okay.
[01:43:34.360 --> 01:43:46.360]  Okay, hang on, we're about to go to break, Brady Kelton, Deborah Stevens here with Eddie Craig, rule of our radio, I call the number 512-646-1984, give us a call.
[01:43:46.360 --> 01:43:53.360]  Wow, we're going to our last segment and we have Mike and Chuck, we are running out of time.
[01:43:53.360 --> 01:44:00.360]  Okay, Terry, we're going to have to close up on the other side so we can get to at least one more caller. We'll be right back.
[01:44:00.360 --> 01:44:03.360]  You feel tired when talking about important topics like money and politics?
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[01:46:22.360 --> 01:46:27.360]  Okay, we are back. Randy Kelton and Deborah Stevens here with Eddie Craig.
[01:46:27.360 --> 01:46:29.360]  We're talking to Terry in Missouri.
[01:46:29.360 --> 01:46:31.360]  Terry, we really have to move on.
[01:46:31.360 --> 01:46:36.360]  We've only got one segment. We've got two callers and Mike's been waiting a long time.
[01:46:36.360 --> 01:46:37.360]  I really want to get him on.
[01:46:37.360 --> 01:46:41.360]  He has been kicking butt before the Supreme Court.
[01:46:41.360 --> 01:46:54.360]  When you get off, get out all of your causes of action and your tort claims and do some search for pattern jury charges.
[01:46:54.360 --> 01:46:56.360]  I will do that.
[01:46:56.360 --> 01:47:01.360]  Okay, and if you find a bunch of good information, call us back tomorrow night.
[01:47:01.360 --> 01:47:03.360]  Thank you, Terry.
[01:47:03.360 --> 01:47:04.360]  Okay, thank you, Terry.
[01:47:04.360 --> 01:47:07.360]  Okay, now we're going to Mike in Texas.
[01:47:07.360 --> 01:47:08.360]  Hello, Mike.
[01:47:08.360 --> 01:47:10.360]  Hey, Eddie. How's it going?
[01:47:10.360 --> 01:47:12.360]  All right, how are you?
[01:47:12.360 --> 01:47:14.360]  Oh, hanging in there.
[01:47:14.360 --> 01:47:16.360]  Lots of work.
[01:47:16.360 --> 01:47:20.360]  Tell us where you're at on your search story.
[01:47:20.360 --> 01:47:21.360]  Okay.
[01:47:21.360 --> 01:47:27.360]  Regarding the Supreme Court, this is my second attempt at the Supreme Court of the United States.
[01:47:27.360 --> 01:47:33.360]  First one was sort of laying ground, laying foundation, maybe.
[01:47:33.360 --> 01:47:41.360]  And this one should pretty much conclude, have a more fully developed story.
[01:47:41.360 --> 01:47:49.360]  Initially, back in December, I filed my petition for reassociatory.
[01:47:49.360 --> 01:48:01.360]  I filed it in the wrong format in my debt, and the Supreme Court requested that I file it in the improper format, and I complied with that.
[01:48:01.360 --> 01:48:14.360]  I had a period of time where I had to wait for the opposing party for Travis County to either waive their right to file a reply brief,
[01:48:14.360 --> 01:48:20.360]  I mean a brief in opposition, or waive their opportunity for that.
[01:48:20.360 --> 01:48:26.360]  They chose to waive it, and they waited until the last bit of time before they could do that.
[01:48:26.360 --> 01:48:33.360]  And that gave me time to either write a reply brief or a supplemental brief.
[01:48:33.360 --> 01:48:41.360]  And so since they waived, I wrote a supplemental brief, maximum of 15 pages,
[01:48:41.360 --> 01:48:50.360]  not including the other auxiliary pages like verification, service, and table of contents, et cetera.
[01:48:50.360 --> 01:48:59.360]  And so right now it's set to be set for conference on May 14, 2015.
[01:48:59.360 --> 01:49:06.360]  I did get everything up in time, and it has been distributed for conference.
[01:49:06.360 --> 01:49:15.360]  And today I filed a document with the Texas Comptroller's Office that should reach them tomorrow or Monday.
[01:49:15.360 --> 01:49:23.360]  And that's under Title V, under the Civil Penalties and Liberties Code, Section or Chapter 103,
[01:49:23.360 --> 01:49:27.360]  and that's compensation for long-term imprisonment.
[01:49:27.360 --> 01:49:34.360]  And it's more tended towards felony imprisonment than it is for misdemeanor incarceration,
[01:49:34.360 --> 01:49:46.360]  but I didn't see too much of a distinction, so I went ahead and sent in an information docket to them today.
[01:49:46.360 --> 01:49:49.360]  And now we'll go ahead.
[01:49:49.360 --> 01:49:55.360]  Potentially how much can you receive based on that?
[01:49:55.360 --> 01:50:03.360]  The maximum claim, now this is an insurance claim, would be $500,000.
[01:50:03.360 --> 01:50:09.360]  That's the maximum that's allowed through the statute.
[01:50:09.360 --> 01:50:19.360]  And they base it on harm, they base it on, you know, amount of time incarcerated, et cetera.
[01:50:19.360 --> 01:50:25.360]  It's a fairly low amount as far as the incarceration compensation.
[01:50:25.360 --> 01:50:30.360]  It's $25,000 per year incarcerated.
[01:50:30.360 --> 01:50:41.360]  But I'm filing at least maybe recover lost wages, recover my surety bond, other harms.
[01:50:41.360 --> 01:50:48.360]  I provided a six-page letter, and in there I put 32 points of harm.
[01:50:48.360 --> 01:50:51.360]  So, you know, I think fairly well documented.
[01:50:51.360 --> 01:50:59.360]  You know, at least give a first blush on what it needs to do regarding that.
[01:50:59.360 --> 01:51:03.360]  And so I'm going through this process blind.
[01:51:03.360 --> 01:51:08.360]  I've tried to get an attorney without any luck to file this.
[01:51:08.360 --> 01:51:15.360]  No one knows exactly, or at least they're claiming, you know, what this process would be.
[01:51:15.360 --> 01:51:23.360]  So I'm kind of following the direction from the Texas Comptroller's Office.
[01:51:23.360 --> 01:51:29.360]  So didn't you try to get a lawyer referral?
[01:51:29.360 --> 01:51:33.360]  I did try to get a lawyer referral.
[01:51:33.360 --> 01:51:38.360]  And that's something I'd rather not discuss on air.
[01:51:38.360 --> 01:51:42.360]  I'm going to do something that will be more explicit.
[01:51:42.360 --> 01:51:47.360]  I think it will be more beneficial than if I were to tip my hand at this point.
[01:51:47.360 --> 01:51:54.360]  I prefer not to, you know, elaborate more on that.
[01:51:54.360 --> 01:52:04.360]  So if this goes to conference, how long before you would have some notice
[01:52:04.360 --> 01:52:10.360]  as to whether or not the Supreme has decided to pick it up or not?
[01:52:10.360 --> 01:52:19.360]  Well, my understanding, this is probably the point where most searcheries,
[01:52:19.360 --> 01:52:25.360]  they call it a die because they're put on a dismissal list,
[01:52:25.360 --> 01:52:27.360]  so they're called dead at that point.
[01:52:27.360 --> 01:52:38.360]  So typically how that works is each justice has a chief clerk below him,
[01:52:38.360 --> 01:52:44.360]  and the chief clerk has a number of clerks below him which perform most of their duties.
[01:52:44.360 --> 01:52:51.360]  And so the first level, from my understanding, and this is fluid, it can change.
[01:52:51.360 --> 01:52:54.360]  It's all done under their discretion.
[01:52:54.360 --> 01:52:57.360]  They can change the rules any time they want.
[01:52:57.360 --> 01:53:04.360]  But typically how it's supposed to work is the first blush is handled by the lower clerks.
[01:53:04.360 --> 01:53:08.360]  They're the ones waiting through most of these documents,
[01:53:08.360 --> 01:53:14.360]  and they select which ones which they want to move up to their chief clerks.
[01:53:14.360 --> 01:53:15.360]  And they have kind of an idea.
[01:53:15.360 --> 01:53:17.360]  They've already been speaking with the clerk.
[01:53:17.360 --> 01:53:23.360]  You know, the justices give the clerks, chief clerks, an idea of what they're looking for.
[01:53:23.360 --> 01:53:27.360]  They may have specific case opinions they're trying to see.
[01:53:27.360 --> 01:53:32.360]  But the lower clerks are basically sitting through and doing a first blush
[01:53:32.360 --> 01:53:35.360]  of which ones are well-presented briefs,
[01:53:35.360 --> 01:53:41.360]  which ones the justices may have an interest in.
[01:53:41.360 --> 01:53:48.360]  And all of the justices, with the exception of Kennedy, sit in those conferences
[01:53:48.360 --> 01:53:52.360]  so that each conference the justices will sit in,
[01:53:52.360 --> 01:53:57.360]  they'll listen to what the lower clerks are presenting,
[01:53:57.360 --> 01:54:05.360]  and then they sort of cull through a portion of them and sit them down to kind of a workable unit.
[01:54:05.360 --> 01:54:09.360]  The next step is going to be the chief clerks get together,
[01:54:09.360 --> 01:54:13.360]  and they work with the ones that have kind of been sifted through,
[01:54:13.360 --> 01:54:22.360]  and they make the decision on which ones they want to move up to be presented and voted on by the justices.
[01:54:22.360 --> 01:54:34.360]  Now, the new rules are that it takes four justices to have to want to see that certiorari in the court.
[01:54:34.360 --> 01:54:40.360]  Obviously, you get decisions that are, you know, struggling against,
[01:54:40.360 --> 01:54:45.360]  and so, you know, it leads to believe they just have an interest in that case,
[01:54:45.360 --> 01:54:52.360]  and regardless if they're for or against it, they just want that case to be argued before the court.
[01:54:52.360 --> 01:54:58.360]  Once that decision has been made by the justices, so you make through all that process,
[01:54:58.360 --> 01:55:03.360]  then they issue a letter indicating that certiorari has been granted,
[01:55:03.360 --> 01:55:21.360]  and that ends the litigation phase of it, or you're supposed to be arguing on dry legal matter in that stage.
[01:55:21.360 --> 01:55:26.360]  After that, you're going to be labeling, you're going to produce another document.
[01:55:26.360 --> 01:55:32.360]  It will be a certiorari based on merit, so it will all have to be rewritten.
[01:55:32.360 --> 01:55:44.360]  In that instance, the court will order the other party if they decided to waive that they must issue a document,
[01:55:44.360 --> 01:55:54.360]  and the table of contents in terms of which cases they're going to cite must be uniform within both parties.
[01:55:54.360 --> 01:56:02.360]  Parties must work off the same table of contents,
[01:56:02.360 --> 01:56:07.360]  so they have to get together, decide what they're going to argue back and forth,
[01:56:07.360 --> 01:56:18.360]  and the losing party has to pay for the winning party's effort in developing that table of contents.
[01:56:18.360 --> 01:56:26.360]  Then, once those are set, then that goes, and they set a date, and it's argued before the Supreme Court.
[01:56:26.360 --> 01:56:32.360]  Now, the vast likelihood is that it will die at first conference,
[01:56:32.360 --> 01:56:42.360]  and then at that point, it is acceptable to write what's called a petition or motion for reconsideration.
[01:56:42.360 --> 01:56:51.360]  In that, you're only supposed to consider new case opinion that has developed in between writing the certiorari,
[01:56:51.360 --> 01:56:54.360]  maybe your reply or response fee for a supplemental brief.
[01:56:54.360 --> 01:56:59.360]  I wrote a supplemental brief because I had all that research I performed, and I didn't want to waste that.
[01:56:59.360 --> 01:57:03.360]  I thought that it would greatly augment my argument.
[01:57:03.360 --> 01:57:11.360]  The day after I filed my supplemental brief, they ruled on Rodriguez.
[01:57:11.360 --> 01:57:19.360]  Rodriguez is interesting, and that's a traffic case, and it goes straight to the Fourth Amendment,
[01:57:19.360 --> 01:57:24.360]  and that is Rodriguez was stopped, he was ticketed,
[01:57:24.360 --> 01:57:34.360]  and then they continued to search against his objection, and they found the contraband material.
[01:57:34.360 --> 01:57:42.360]  He was arrested, and the court has just recently ruled that that second search was illegal,
[01:57:42.360 --> 01:57:58.360]  and they're no longer able to search after their original article of probable content has been diminished, expired, or completed.
[01:57:58.360 --> 01:58:04.360]  Okay, quickly, we're about to run out of time.
[01:58:04.360 --> 01:58:09.360]  Okay, that's pretty much it. Next time, we'll start working on criminal assidavits.
[01:58:09.360 --> 01:58:15.360]  Oh, that's going to be the good part. We'll start following those in other counties. That ought to make this piece of crap.
[01:58:15.360 --> 01:58:19.360]  Thank you, Mike. We are out of time. This is Randy Kelton, Deborah Stevens.
[01:58:19.360 --> 01:58:25.360]  We have our radio here with Eddie Craig, and Eddie, thank you for giving us your time and your expertise.
[01:58:25.360 --> 01:58:27.360]  Thanks for having me on.
[01:58:27.360 --> 01:58:34.360]  And everybody be sure to listen to Eddie on Monday nights, 8 o'clock, on his traffic show.
[01:58:34.360 --> 01:58:36.360]  He will show you how to beat these tickets.
[01:58:36.360 --> 01:58:41.360]  Thank you all for listening. We'll be back tomorrow night, same time, same station.
[01:58:41.360 --> 01:58:50.360]  Good night.
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