[00:00.000 --> 00:05.000]  The following use flash is brought to you by the Lone Star Lowdown.
[00:05.000 --> 00:08.000]  Providing the jelly bulletins for the commodities market.
[00:08.000 --> 00:17.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:17.000 --> 00:27.000]  Markets for Wednesday the 26th of October 2016 are currently treading with gold at $1,266.33 an ounce, silver $17.63 an ounce,
[00:27.000 --> 00:39.000]  Texas crude $49.96 a barrel, and Bitcoin is currently sitting at about $675 U.S. currency.
[00:39.000 --> 00:46.000]  Today in history, the year 2001, then President George W. Bush signs into law the United in Strengthening America
[00:46.000 --> 00:52.000]  by providing appropriate tools required to intercept an obstruct terrorism act or the USA Patriot Act into law.
[00:52.000 --> 00:58.000]  With controversial provisions concerning surveillance procedures and gathering, anti-money laundering and business records,
[00:58.000 --> 01:04.000]  removing obstacles to investigating terrorism by consolidating agencies, and contentious interrogation techniques,
[01:04.000 --> 01:11.000]  perhaps the biggest concern raised from civil rights groups was the rapidness in which the 342-page bill was written up, read,
[01:11.000 --> 01:17.000]  and passed by Congress and then signed into law a little over a month after the September 11 terrorist attacks.
[01:17.000 --> 01:27.000]  Today in history, in recent years, NATO's biggest military proliferation on Russia's border since the Cold War
[01:27.000 --> 01:33.000]  is underway with Great Britain announcing Wednesday today that it is planning on sending fighter jets to Romania next year,
[01:33.000 --> 01:39.000]  and the United States has vowed troops, tanks, and artillery to Poland, along with Germany, Canada, and other NATO allies
[01:39.000 --> 01:43.000]  also pledging forces at a defense ministers meeting in Brussels.
[01:43.000 --> 01:50.000]  Meanwhile, two Russian warships entered the Baltic Sea between Sweden and Denmark and are said to be armed with cruise missiles.
[01:50.000 --> 01:57.000]  The ships were part of an eight-ship carrier battle group, including Russia's one and only aircraft carrier, the Admiral Kuznetsov,
[01:57.000 --> 02:01.000]  which is expected to join around 10 other Russian vessels already off the Syrian coast.
[02:01.000 --> 02:09.000]  We hope and pray these Russian-NATO escalations over engagement in Syria are soon de-escalated and a resolve is figured out.
[02:09.000 --> 02:13.000]  Our thoughts and prayers also go out to the people of Syria as well.
[02:17.000 --> 02:21.000]  Early voting started Monday in Texas. Record turnout is being recorded in many counties.
[02:21.000 --> 02:25.000]  However, some individual voters have been calling foul when voting straight ticket,
[02:25.000 --> 02:31.000]  claiming that the e-voting machines were leaving the presidential bid unchecked when a straight vote for the Republican parties placed.
[02:31.000 --> 02:36.000]  Reminds me of what Joseph Stalin said when he said that it wasn't who voted that counted, but who counted the votes.
[02:36.000 --> 02:42.000]  Early voting in Texas ends four days before the election, so get out there and vote nobody for president.
[02:42.000 --> 02:45.000]  The Lone Star Lowdown is currently looking for sponsors.
[02:45.000 --> 02:52.000]  If you have a product or a service you'd like to advertise with us, feel free to give me a call at 210-363-2257.
[02:52.000 --> 03:07.000]  This is Rick Roady with the Lone Star Lowdown for October 26, 2016.
[03:22.000 --> 03:27.000]  What you gonna do?
[03:27.000 --> 03:30.000]  Bad boys, bad boys, what you gonna do?
[03:30.000 --> 03:32.000]  What you gonna do when they come for you?
[03:32.000 --> 03:35.000]  Bad boys, bad boys, what you gonna do?
[03:35.000 --> 03:38.000]  What you gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:43.000 --> 03:46.000]  So why are you acting like a bloody fool?
[03:46.000 --> 03:49.000]  If you get caught then you must get cool.
[03:49.000 --> 03:52.000]  Bad boys, bad boys, what you gonna do?
[03:52.000 --> 03:54.000]  What you gonna do when they come for you?
[03:54.000 --> 03:57.000]  Bad boys, bad boys, what you gonna do?
[03:57.000 --> 04:00.000]  What you gonna do when they come for you?
[04:00.000 --> 04:02.000]  Okay, howdy, howdy.
[04:02.000 --> 04:12.000]  This is Randy Kelton, Deborah Stevens of Rule of Law Radio on this Thursday, the third day of November 2016.
[04:12.000 --> 04:19.000]  We will have our call in number, I'll get this right in a minute.
[04:19.000 --> 04:22.000]  We'll have our call lines open all night.
[04:22.000 --> 04:29.000]  So if you have a question or comment, give us a call, 512-646-1984.
[04:29.000 --> 04:32.000]  And I'm gonna start out with my ebook.
[04:32.000 --> 04:38.000]  I'm getting close to the point that I'm being ready to begin to make it available.
[04:38.000 --> 04:44.000]  And I'm gonna just go through the front end of it.
[04:44.000 --> 04:56.000]  What I'm looking for is a way of orienting the reader or the listener to the subject matter
[04:56.000 --> 05:05.000]  in a way that they understand that things are not the way you learned in high school.
[05:05.000 --> 05:11.000]  So I'm gonna just start out by reading some of the introduction.
[05:11.000 --> 05:15.000]  Life is too complex for one person to know everything.
[05:15.000 --> 05:21.000]  Our solution is to rely on those around us with specialized knowledge to fill in our gaps.
[05:21.000 --> 05:34.000]  The problem with this solution is we don't have foreknowledge of who is right, who is wrong, and who is deliberately receptive.
[05:34.000 --> 05:44.000]  It's important that we define the difference between what we prefer and how the world really is.
[05:44.000 --> 05:48.000]  From the above perspective, if we are to understand the legal system,
[05:48.000 --> 05:57.000]  we must first get past many of the misconceptions taught by our schools, public officials, and the media.
[05:57.000 --> 06:00.000]  All cases are civil.
[06:00.000 --> 06:04.000]  This is what the federal law says, but that's deceptive.
[06:04.000 --> 06:11.000]  All cases are civil only from the perspective that criminal law is a subset of civil law.
[06:11.000 --> 06:15.000]  You could say that all law is civil.
[06:15.000 --> 06:20.000]  The problem is there's nothing civil about the legal process.
[06:20.000 --> 06:26.000]  Yes, I'm playing with words here, but at the end of the day, in the courtroom, it is all about wordplay.
[06:26.000 --> 06:32.000]  The courts play by a different set of rules and there's nothing civil about it.
[06:32.000 --> 06:37.000]  The legal system is a specifically defined subset of civil society
[06:37.000 --> 06:43.000]  because much of what goes on there closely resembles the normal social behavior.
[06:43.000 --> 06:48.000]  The uninitiated may naively believe that they understand how it functions.
[06:48.000 --> 06:52.000]  By the following, we will attempt to present a set of guidelines
[06:52.000 --> 07:00.000]  that will help you understand the subtle differences between the legal system and ordinary human interaction.
[07:00.000 --> 07:09.000]  And the place to start is with a number of fallacies about the legal system.
[07:09.000 --> 07:12.000]  Now, we talk about how to write a legal document.
[07:12.000 --> 07:17.000]  It's not as difficult as—oops, I'm sorry, hit the wrong spot.
[07:17.000 --> 07:25.000]  While you have the right to defend yourself in court, unless you're very knowledgeable in legal matters, that is a bad idea.
[07:25.000 --> 07:34.000]  It's a bad idea because the law and the courts do not work the way the layperson tends to believe it does.
[07:34.000 --> 07:39.000]  Unlike the civil arena, law is very structured.
[07:39.000 --> 07:44.000]  And if you don't understand the structure, you're at an unreasonable disadvantage.
[07:44.000 --> 07:49.000]  Here we will demonstrate a structured way of thinking about the adjudication of cases.
[07:49.000 --> 07:59.000]  You can read and memorize the law, but if you don't understand the adjudication of cases, you don't have a chance.
[07:59.000 --> 08:03.000]  We're not just talking about the statutes, the rules, and the regulations here.
[08:03.000 --> 08:08.000]  We're talking about how things really work in the real world we live in.
[08:08.000 --> 08:18.000]  In order to understand how law really works, first we need to dispel some commonly held notions that are simply not true.
[08:18.000 --> 08:26.000]  The first one in the patriot community is a very common misconception.
[08:26.000 --> 08:32.000]  And that is that the Constitution grants me certain inalienable rights.
[08:32.000 --> 08:36.000]  It does no such thing.
[08:36.000 --> 08:41.000]  The Constitution does not grant you any rights.
[08:41.000 --> 08:48.000]  You, as a citizen of the Democratic Republic, known as the United States,
[08:48.000 --> 08:56.000]  may do anything that the law does not specifically forbid you to do.
[08:56.000 --> 09:06.000]  By this, you already have all of the rights that any person could have.
[09:06.000 --> 09:14.000]  The only rights you don't have are those rights that you and your fellow citizens
[09:14.000 --> 09:22.000]  have decided through your legislators to restrict yourself in.
[09:22.000 --> 09:32.000]  It's an absolutely critical consideration if you are to understand your place in the overall scheme of political things in the United States.
[09:32.000 --> 09:40.000]  Judges, prosecutors, clerks, bailiffs, and every other person employed by the government are public servants.
[09:40.000 --> 09:49.000]  You and every other person in this country, when considered in their capacity as citizens of the Republic, are the masters of those servants.
[09:49.000 --> 09:54.000]  It is irresponsible of you to consider yourself otherwise.
[09:54.000 --> 10:03.000]  The public employee, when acting in the capacity of a public servant, is generally granted certain specific duties and privileges.
[10:03.000 --> 10:09.000]  They may do what they are specifically authorized to do.
[10:09.000 --> 10:17.000]  On employment, each enters into an employment contract with their masters in the form of an oath of office
[10:17.000 --> 10:24.000]  and are bound thereby both civilly and in certain circumstances criminally.
[10:24.000 --> 10:28.000]  The Constitution does not grant you any rights.
[10:28.000 --> 10:33.000]  The Constitution does not even apply to you, at least not directly.
[10:33.000 --> 10:41.000]  The Constitution is a restricted document in that, as to certain specific enumerated rights,
[10:41.000 --> 10:54.000]  the Constitution specifically forbids public officials from denying any citizen in those particular rights.
[10:54.000 --> 11:01.000]  The Constitution can be misleading in that people seem to accept as an unstated presupposition
[11:01.000 --> 11:08.000]  that any right not enumerated in the Constitution is reserved and not available to the public.
[11:08.000 --> 11:19.000]  No one will ever say it and your public officials will do everything they can to encourage you and everyone else to accept it,
[11:19.000 --> 11:28.000]  but the consideration that rights are restricted to enumeration is simply wrong.
[11:28.000 --> 11:38.000]  You in your capacity as a citizen in this democratic republic may do anything you want to within the dictates of your conscience
[11:38.000 --> 11:49.000]  and the specific restrictions placed on free will by the statutory rules and regulations promulgated by the citizenry as a whole through the legislature.
[11:49.000 --> 11:55.000]  You may do anything you are not specifically forbidden to do.
[11:55.000 --> 12:01.000]  When you deal with your government, it is of critical importance that you always remember
[12:01.000 --> 12:09.000]  the public officials are the servants of the people and you are the master.
[12:09.000 --> 12:15.000]  You are the master, not of the people as a whole.
[12:15.000 --> 12:23.000]  Sorry, I read that wrong. You are the master, not the people as a whole, but you as an individual.
[12:23.000 --> 12:35.000]  As the master, it is your duty to ensure that your public servants always act within the scope of their contractual obligations to you and every other citizen.
[12:35.000 --> 12:42.000]  We are each the keeper of the law for our fellow citizens.
[12:42.000 --> 12:52.000]  Second fallacy about the nature of law is that the system is fair.
[12:52.000 --> 12:58.000]  The system is not fair. This is not designed to be fair.
[12:58.000 --> 13:04.000]  I have to watch myself as I start talking instead of reading.
[13:04.000 --> 13:11.000]  The system is not fair. The problem is that people naively hold an expectation of fairness when dealing with the government.
[13:11.000 --> 13:18.000]  The legal system was not designed to be fair. It is designed to be consistent.
[13:18.000 --> 13:27.000]  If you expect to judge the police officer or anyone else involved in the legal system to be fair, you are destined to disappointment.
[13:27.000 --> 13:33.000]  In the first place, both fairness and the right of things are individually subjective.
[13:33.000 --> 13:39.000]  People tend to judge justice through the limbs of their personal preferences and prerogatives.
[13:39.000 --> 13:48.000]  Where the law limits a person in the exercise of free will, that person will tend to feel unfairly mistreated.
[13:48.000 --> 14:00.000]  Each person who comes to the system comes with an individual set of expectations they express on the system as the parameters of their individual consideration of fairness.
[14:00.000 --> 14:15.000]  I suggest that you stop expecting the judge to be fair and start demanding that the adjudication of the law be consistent with the rule of law.
[14:15.000 --> 14:21.000]  When a judge does his or her job well, often no one will be happy.
[14:21.000 --> 14:26.000]  Each litigant will feel she or he came away with less than was expected.
[14:26.000 --> 14:35.000]  While the judge may be personally concerned with fairness, she or he has no authority to rule based on those personal considerations.
[14:35.000 --> 14:44.000]  The judge must rule on the law as it applies to the facts without regard to his personal perception of fairness.
[14:44.000 --> 14:51.000]  The executive and judicial branches were not designed to be fair. They were designed to be consistent.
[14:51.000 --> 14:57.000]  Our legislature designed the corpus juris, the body of law, to promote fairness.
[14:57.000 --> 15:08.000]  When the police and court start replacing the law with their own individual perspectives on justice and fair play, we start down a slippery and arbitrary slope.
[15:08.000 --> 15:17.000]  What you can and should expect is that the law, when properly adjudicated, will produce a fair and just result.
[15:17.000 --> 15:28.000]  If it does not, then we need to change the law, not trust in individual actors to juxtapose their concepts of fairness and the right of things under the law.
[15:28.000 --> 15:34.000]  So be careful what you ask for. Do not ask your public officials to be fair.
[15:34.000 --> 15:44.000]  Demand that they perform their duties according to the law and trust the law to produce a fair and just result.
[15:44.000 --> 15:52.000]  Okay, that's kind of an introduction to what will be in the e-book.
[15:52.000 --> 16:03.000]  I've got a few more of these. English is not spoken in court and the fallacy of the expectation that you'll win your case if you have the law and the facts on your side.
[16:03.000 --> 16:12.000]  And the false expectation that your lawyer is your buddy and he's going to try to adjudicate your case.
[16:12.000 --> 16:24.000]  These are, I start out with these fallacies. Once we get those out of the way, then we can start to work on how the system really works.
[16:24.000 --> 16:30.000]  And the system simply doesn't work the way you think it does. And we'll get to that.
[16:30.000 --> 16:37.000]  We've got the call boards here full, so I won't waste any more time on this tonight.
[16:37.000 --> 16:42.000]  Hang on, we're going to break. We'll start taking the calls when we come back.
[16:42.000 --> 16:50.000]  This is the introduction to the e-book and I hope within a couple of weeks to have a version available.
[16:50.000 --> 17:00.000]  Randy Kelton, Debra Steven, we'll remove our radio. We'll be right back.
[17:00.000 --> 17:06.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[17:06.000 --> 17:11.000]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:11.000 --> 17:17.000]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[17:25.000 --> 17:31.000]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
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[18:29.000 --> 18:34.000]  How to turn the financial tables on them and make them pay you to go away.
[18:34.000 --> 18:39.000]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[18:39.000 --> 18:41.000]  Personal consultation is available as well.
[18:41.000 --> 18:47.000]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Mears banner.
[18:47.000 --> 18:50.000]  Or email MichaelMears at Yahoo.com.
[18:50.000 --> 18:52.000]  That's RuleOfLawRadio.com.
[18:52.000 --> 19:01.000]  Or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com to learn how to stop debt collectors now.
[19:01.000 --> 19:23.000]  You are listening to the LogosRadio Network, the LogosRadioNetwork.com.
[19:23.000 --> 19:25.000]  Okay, we are back.
[19:25.000 --> 19:31.000]  Randy Kelton, Debra Stevens, Rule of Law Radio, and we're going to Mark in Florida.
[19:31.000 --> 19:33.000]  Hello, Mark.
[19:33.000 --> 19:36.000]  What do you have for us today?
[19:36.000 --> 19:40.000]  Well, real quick, I've got a cock-a-doodle-doo.
[19:40.000 --> 19:42.000]  I want another case.
[19:42.000 --> 19:44.000]  Oh, wonderful.
[19:44.000 --> 19:48.000]  We encourage crowing on our network.
[19:48.000 --> 19:50.000]  Yes, sir.
[19:50.000 --> 19:53.000]  It's always fun to crow.
[19:53.000 --> 19:59.000]  That makes five misdemeanors and three civil.
[19:59.000 --> 20:01.000]  And that's the good news.
[20:01.000 --> 20:11.000]  The bad news is I had a motions hearing today trying to get an order declared indigent,
[20:11.000 --> 20:18.000]  a very detailed order, because every time I go somewhere to try to get copies,
[20:18.000 --> 20:25.000]  they won't accept the normal indigent form that you get from the clerk.
[20:25.000 --> 20:27.000]  So I wanted an order from the court.
[20:27.000 --> 20:28.000]  It was very detailed.
[20:28.000 --> 20:29.000]  I spent a lot of time.
[20:29.000 --> 20:30.000]  It was very well worded.
[20:30.000 --> 20:34.000]  I was proud of myself.
[20:34.000 --> 20:39.000]  Of course, he denied all of that just straight out of hand, you know.
[20:39.000 --> 20:51.000]  And then, well, they thought it was a motions hearing today that I filed motions to dismiss,
[20:51.000 --> 20:56.000]  because when I filed this motion to be declared indigent,
[20:56.000 --> 21:01.000]  and that's what the title on the document said in bold print, all caps,
[21:01.000 --> 21:08.000]  the clerk of court saw fit to type it into the computer as a motion to dismiss.
[21:08.000 --> 21:15.000]  That caused the prosecutor, I'm sure you're aware the prosecutors never read the documents
[21:15.000 --> 21:21.000]  or rarely read the documents, all they saw was that blip on the computer.
[21:21.000 --> 21:30.000]  So they sent me four registered letters on the four cases, one which was already,
[21:30.000 --> 21:34.000]  that's the one I just won recently, a month ago.
[21:34.000 --> 21:40.000]  But they sent me four motions to strike, my motions to dismiss.
[21:40.000 --> 21:44.000]  And they were expecting to argue that in court today.
[21:44.000 --> 21:46.000]  And the judge was complaining to me.
[21:46.000 --> 21:49.000]  He keeps telling me I have to e-file, have to e-file.
[21:49.000 --> 21:52.000]  And I keep saying, no, I don't.
[21:52.000 --> 21:57.000]  The Florida Supreme Court says attorneys must e-file.
[21:57.000 --> 22:00.000]  It does not say proceeds.
[22:00.000 --> 22:05.000]  So that's been an ongoing argument with me and him.
[22:05.000 --> 22:12.000]  And he's blaming me for the, when I turn the document into the clerk,
[22:12.000 --> 22:16.000]  half the time they don't scan it into the computer.
[22:16.000 --> 22:19.000]  So it's not in the system.
[22:19.000 --> 22:25.000]  Tell him, your problem, not my problem.
[22:25.000 --> 22:30.000]  Exactly. And I have said similar words.
[22:30.000 --> 22:34.000]  I've told him, excuse me, sir, that's your clerk, of course.
[22:34.000 --> 22:37.000]  I can't control what they do with that document.
[22:37.000 --> 22:41.000]  They stamp my document, it's good as gold.
[22:41.000 --> 22:44.000]  So they threw me a big curve ball.
[22:44.000 --> 22:47.000]  The judge wouldn't let me speak.
[22:47.000 --> 22:51.000]  Every time I opened my mouth, he interrupted.
[22:51.000 --> 22:55.000]  They were waiting for the clerk to bring up hard copies of this motion
[22:55.000 --> 22:59.000]  to dismiss that didn't exist.
[22:59.000 --> 23:04.000]  And I kept trying to explain to him there was no motion to dismiss.
[23:04.000 --> 23:09.000]  And finally, on a little recess, the clerk came over and talked to me,
[23:09.000 --> 23:12.000]  and I said, look, we can straighten all this out.
[23:12.000 --> 23:14.000]  This is the document I filed.
[23:14.000 --> 23:16.000]  It's the only one I filed.
[23:16.000 --> 23:20.000]  Most would be declared indigent for cost.
[23:20.000 --> 23:23.000]  There is no motion to dismiss.
[23:23.000 --> 23:30.000]  I said, I have filed some that are in the system, but that was some time ago.
[23:30.000 --> 23:38.000]  And so the prosecutor withdrew their motions to strike, my motions to dismiss.
[23:38.000 --> 23:45.000]  Now, the funny part about this, their motion is they said all these terrible things,
[23:45.000 --> 23:50.000]  that my motion to dismiss was legally insufficient and this and that and the other,
[23:50.000 --> 23:52.000]  you know all the wording.
[23:52.000 --> 23:57.000]  Well, how could they make that claim when there was no document for them to read?
[23:57.000 --> 24:07.000]  You should petition for sanctions against the prosecutor for filing a frivolous pleading.
[24:07.000 --> 24:11.000]  I was trying to do that at the end of today.
[24:11.000 --> 24:13.000]  They scheduled me at 2 o'clock.
[24:13.000 --> 24:17.000]  There was only one other person in court before me.
[24:17.000 --> 24:20.000]  So I had the whole thing to myself.
[24:20.000 --> 24:21.000]  But I was trying to do that.
[24:21.000 --> 24:23.000]  Of course, the judge wouldn't let me talk.
[24:23.000 --> 24:24.000]  He said, you see what she's doing?
[24:24.000 --> 24:25.000]  She's filling out an order.
[24:25.000 --> 24:26.000]  That's over.
[24:26.000 --> 24:30.000]  We're not going to discuss it.
[24:30.000 --> 24:37.000]  So he denied you in your right to petition the court for redress of grievance.
[24:37.000 --> 24:39.000]  Exactly.
[24:39.000 --> 24:46.000]  I couldn't think of that at the time, and right after that, they threw me a hard curveball.
[24:46.000 --> 24:48.000]  They backdoored me.
[24:48.000 --> 24:56.000]  The prosecutor handed me a motion, filed it with the court on the spot,
[24:56.000 --> 25:06.000]  and one of the motions hearing tomorrow to I've got a $100 bond on one of these older cases
[25:06.000 --> 25:13.000]  to take away my bond and put me in jail, no bond.
[25:13.000 --> 25:15.000]  Okay, hold on.
[25:15.000 --> 25:23.000]  I know I'm not sure about Texas, I mean Florida, but in Texas, you have to get a motion to,
[25:23.000 --> 25:31.000]  you have to have it filed and served on opposing parties seven days before hearing.
[25:31.000 --> 25:36.000]  What does Florida say about that?
[25:36.000 --> 25:37.000]  The judge said three hours.
[25:37.000 --> 25:40.000]  Of course, you can't really trust what he said.
[25:40.000 --> 25:47.000]  And I haven't found it anywhere in the rules or the statutes.
[25:47.000 --> 25:52.000]  I've looked for it numerous times and I can't come across it.
[25:52.000 --> 25:54.000]  But he said all he has to give me is three hours.
[25:54.000 --> 25:58.000]  He said, we could stick around and have it today.
[25:58.000 --> 26:00.000]  He said, but we're going to have it tomorrow.
[26:00.000 --> 26:01.000]  And I objected.
[26:01.000 --> 26:05.000]  I said, that's not enough time for me to prepare.
[26:05.000 --> 26:11.000]  And of course, you know, that went on deaf ears.
[26:11.000 --> 26:16.000]  So tomorrow, I'm going to jail, brother.
[26:16.000 --> 26:17.000]  They got me hooked.
[26:17.000 --> 26:25.000]  Rule 1.140, unless a different time is prescribed in statutes of Florida,
[26:25.000 --> 26:30.000]  a defendant within 10 days after notice of the court, let me, okay.
[26:30.000 --> 26:31.000]  Let me open it up.
[26:31.000 --> 26:33.000]  It looks like you're supposed to have 10 days.
[26:33.000 --> 26:37.000]  Unless a different time is prescribed in the statute of Florida.
[26:37.000 --> 26:42.000]  Defendants shall serve an answer within 20 days after service of the original process
[26:42.000 --> 26:45.000]  and initial cleaning on the defendant.
[26:45.000 --> 26:46.000]  Let's see.
[26:46.000 --> 26:49.000]  Acceptance and ensued.
[26:49.000 --> 26:52.000]  I'll have to read this on the break.
[26:52.000 --> 26:56.000]  It's going to be in rule 1.140.
[26:56.000 --> 26:57.000]  No, that's fences.
[26:57.000 --> 27:01.000]  I'm sorry.
[27:01.000 --> 27:02.000]  Anyway, okay.
[27:02.000 --> 27:11.000]  On the next break, I'll do some, I did a search for time to file motion.
[27:11.000 --> 27:12.000]  Okay.
[27:12.000 --> 27:15.000]  What is the, what are the claims?
[27:15.000 --> 27:18.000]  Let me make a suggestion to you.
[27:18.000 --> 27:20.000]  Okay.
[27:20.000 --> 27:29.000]  When you go into court tomorrow, you ask for court appointed counsel.
[27:29.000 --> 27:30.000]  Okay.
[27:30.000 --> 27:34.000]  I've already had, they stuck me with a public defender for a while.
[27:34.000 --> 27:40.000]  And there was actually one there today because after Florida hearing,
[27:40.000 --> 27:45.000]  the clerk doesn't file the removal of the attorney.
[27:45.000 --> 27:49.000]  So the public defender was still showing up on the books.
[27:49.000 --> 27:52.000]  So one showed up today, very nice lady.
[27:52.000 --> 27:56.000]  And the one thing she asked me on the break was, she said,
[27:56.000 --> 28:00.000]  does the judge always talk to you like that?
[28:00.000 --> 28:01.000]  I said, oh, yes, ma'am.
[28:01.000 --> 28:04.000]  You notice he didn't let me, he won't let me talk.
[28:04.000 --> 28:08.000]  He won't let me defend myself.
[28:08.000 --> 28:12.000]  She just kind of rolled her eyes, shook her head.
[28:12.000 --> 28:18.000]  Have you, have you filed any jury secundary complaints against this judge?
[28:18.000 --> 28:19.000]  No, sir.
[28:19.000 --> 28:26.000]  If you remember, this is the same judge that had me kidnapped at the end of May.
[28:26.000 --> 28:32.000]  And I was in jail for 32 days for allegedly missing a court date when there was
[28:32.000 --> 28:38.000]  absolutely no notice of court date in the clerk of court's record.
[28:38.000 --> 28:42.000]  Have you filed criminally against the judge?
[28:42.000 --> 28:45.000]  I'm intending on that.
[28:45.000 --> 28:51.000]  My plan right now is, and I don't see how I can possibly get this done tonight.
[28:51.000 --> 28:56.000]  I got about two hours sleep last night and I'm pretty ragged right now,
[28:56.000 --> 28:58.000]  but I got to get it done.
[28:58.000 --> 29:04.000]  I'm planning on, I'm going to do a quick motion to dismiss because the
[29:04.000 --> 29:09.000]  charging instrument is completely screwed up.
[29:09.000 --> 29:16.000]  The two officers in the document switched places on their names and ended up
[29:16.000 --> 29:20.000]  that the guy that made the statement notarized it.
[29:20.000 --> 29:25.000]  And the other guy signed that the statement was true.
[29:25.000 --> 29:27.000]  It's wholly invalid.
[29:27.000 --> 29:28.000]  Okay.
[29:28.000 --> 29:34.000]  Well, normally when police officers write an affidavit,
[29:34.000 --> 29:39.000]  it doesn't need to be verified because due to their employment,
[29:39.000 --> 29:48.000]  the document is presumed verified and treated as if it is verified.
[29:48.000 --> 29:49.000]  Hang on.
[29:49.000 --> 29:50.000]  Going to break.
[29:50.000 --> 29:51.000]  We'll be right back.
[29:51.000 --> 29:54.000]  Randy Kelton, Debra Stevens, Rule of Law Radio.
[29:54.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:04.000]  When two-bit dictators feel threatened,
[30:04.000 --> 30:07.000]  their standard tactic is to shut down lines of communication.
[30:07.000 --> 30:09.000]  You probably know it's been done in Egypt,
[30:09.000 --> 30:11.000]  but can you guess where else it's happened?
[30:11.000 --> 30:15.000]  I'm Dr. Catherine Albrecht and I'll be back with the unsettling answer.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:24.000]  And once your privacy is gone, you'll find your freedoms will start to
[30:24.000 --> 30:25.000]  vanish too.
[30:25.000 --> 30:28.000]  So protect your rights, say no to surveillance,
[30:28.000 --> 30:31.000]  and keep your information to yourself.
[30:31.000 --> 30:33.000]  Privacy, it's worth hanging on to.
[30:33.000 --> 30:37.000]  This public service announcement is brought to you by Startpage.com,
[30:37.000 --> 30:41.000]  the private search engine alternative to Google, Yahoo, and Bing.
[30:41.000 --> 30:44.000]  Start over with Startpage.
[30:44.000 --> 30:48.000]  When Bay Area Rapid Transit or BART police shot and killed a man named
[30:48.000 --> 30:52.000]  Charles Blair Hill for allegedly approaching officers with a knife,
[30:52.000 --> 30:55.000]  a 200-person protest followed.
[30:55.000 --> 30:56.000]  Understandably, in my opinion,
[30:56.000 --> 31:00.000]  since Hill was not the first person to be fatally shot by trigger-happy
[31:00.000 --> 31:02.000]  BART police, a few days later,
[31:02.000 --> 31:05.000]  transit officials got wind that a second protest was being planned.
[31:05.000 --> 31:09.000]  So they took the extraordinary step of shutting down all cell phone service
[31:09.000 --> 31:10.000]  to the station.
[31:10.000 --> 31:14.000]  Protesters and commuters alike found themselves in a cell phone dead zone
[31:14.000 --> 31:19.000]  with no Internet, no text messages, no dial tone, no nothing.
[31:19.000 --> 31:22.000]  I'm guessing Hosni Mubarak would be proud.
[31:22.000 --> 31:23.000]  I'm Dr. Catherine Albrecht.
[31:23.000 --> 31:30.000]  More news and information at CatherineAlbrecht.com.
[31:53.000 --> 32:02.000]  Go 4367 and see what our powder, seeds, and oil can do for you only at FUSA.org.
[32:02.000 --> 32:05.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society,
[32:07.000 --> 32:10.000]  and if we the people are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:15.000]  Among those rights are the right to travel freely from place to place,
[32:15.000 --> 32:17.000]  the right to act in our own private capacity,
[32:17.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:23.000]  Public courts afford us the least expensive opportunity to learn how to enforce
[32:23.000 --> 32:25.000]  and preserve our rights through due process.
[32:25.000 --> 32:28.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:28.000 --> 32:31.000]  has put together the most comprehensive teaching tool available
[32:31.000 --> 32:33.000]  that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold courts to the rule of law.
[32:35.000 --> 32:37.000]  You can get your own copy of this invaluable material
[32:37.000 --> 32:40.000]  by going to ruleoflawradio.com and ordering your copy today.
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[32:42.000 --> 32:45.000]  The Texas Transportation Code, The Law Versus the Lie,
[32:45.000 --> 32:47.000]  video and audio of the original 2009 seminar,
[32:47.000 --> 32:50.000]  hundreds of research documents and other useful resource material.
[32:50.000 --> 32:54.000]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.000 --> 33:02.000]  Order your copy today, and together we can have the free society we all want and deserve.
[33:02.000 --> 33:13.000]  Live, free speech radio, logosradionetwork.com.
[33:13.000 --> 33:28.000]  Okay, we are back. Randy Kelton, Devin Stevens, Rule of Law Radio,
[33:28.000 --> 33:30.000]  and we're talking to Mark in Florida.
[33:30.000 --> 33:36.000]  Mark, do you have a court watcher?
[33:36.000 --> 33:39.000]  No sir, I'm all alone.
[33:39.000 --> 33:44.000]  That's a problem. Is this a court of record?
[33:44.000 --> 33:46.000]  Yes sir.
[33:46.000 --> 33:51.000]  Okay, making sure you state regularly for the record,
[33:51.000 --> 33:59.000]  especially when you're trying to raise an objection or make a motion to the court,
[33:59.000 --> 34:01.000]  and the court cuts you off,
[34:01.000 --> 34:08.000]  ask the record to reflect that the court is denying you access to the court, or the record.
[34:08.000 --> 34:10.000]  Okay.
[34:10.000 --> 34:13.000]  And it's a little late at this point.
[34:13.000 --> 34:18.000]  Okay, so he's going to, you expect him to revoke bail?
[34:18.000 --> 34:25.000]  Yes, because like I said, I've beaten eight of these charges so far,
[34:25.000 --> 34:30.000]  I've got three left, and they're not too hard to beat,
[34:30.000 --> 34:36.000]  and they know I'm going to beat them, and they're mad.
[34:36.000 --> 34:48.000]  You might bring up in the court that since, have you, do you have any failures to appear?
[34:48.000 --> 34:56.000]  This has been going on for two years as of August, okay,
[34:56.000 --> 35:07.000]  and I missed one arraignment because I'd switched browsers from Internet Explorer to Firefox.
[35:07.000 --> 35:10.000]  How long ago was that?
[35:10.000 --> 35:22.000]  That was over a year ago. I sent a very apologetic letter to the judge to full blame for the situation.
[35:22.000 --> 35:31.000]  Okay, hold on, hold on. In the current motion to increase bond, what's the stated cause?
[35:31.000 --> 35:34.000]  They're not increasing.
[35:34.000 --> 35:38.000]  Okay, tell me what they're doing. You're being cryptic.
[35:38.000 --> 35:40.000]  What are they doing with bond?
[35:40.000 --> 35:46.000]  They're going to take the $100 bond and put me in jail, no bond.
[35:46.000 --> 35:49.000]  They're going to revoke bond?
[35:49.000 --> 35:50.000]  Yes.
[35:50.000 --> 35:54.000]  Okay, what are the grounds for revoking bond?
[35:54.000 --> 36:04.000]  Because I've had other charges since that initial one, which I've beaten, you know, most of them.
[36:04.000 --> 36:07.000]  There's three pending right now.
[36:07.000 --> 36:19.000]  Okay, what has occurred recently that's, have you been to court when these other cases were already filed?
[36:19.000 --> 36:30.000]  What has changed that necessitates, that gives the prosecutor reason to request bond revocation?
[36:30.000 --> 36:32.000]  Just being vicious.
[36:32.000 --> 36:38.000]  No, no, okay. What does he claim in his pleading?
[36:38.000 --> 36:56.000]  There is, if you're on pretrial release and you violate a law, they can revoke your pretrial release and put you in jail.
[36:56.000 --> 37:00.000]  Have you been convicted of violating the law?
[37:00.000 --> 37:02.000]  No, sir.
[37:02.000 --> 37:08.000]  Then you haven't violated a law. You've only been accused of violating the law.
[37:08.000 --> 37:14.000]  You need to notice the court that this is an act of retaliation.
[37:14.000 --> 37:32.000]  And if the court revokes your bond because you exercised your right to adjudicate your innocence, then it's an act of procedural due process on the part of the court and the crime of official misconduct.
[37:32.000 --> 37:37.000]  That this behavior on the part of the prosecutor is criminal.
[37:37.000 --> 37:42.000]  You should have been filing criminal complaints a long time ago.
[37:42.000 --> 37:46.000]  You're right. My problem is time, Randy.
[37:46.000 --> 38:09.000]  I spend just about all my time on survival and the rest of my time plugging tires on this recreational conveyance to keep it going and working on my computer and doing legal research and everything else.
[38:09.000 --> 38:14.000]  It'll only take a few minutes to write out a criminal complaint or two.
[38:14.000 --> 38:27.000]  If you start going back after them, instead of just fighting a defensive battle, the best defense is a good, effective offense.
[38:27.000 --> 38:31.000]  Well, here's my plan for tomorrow.
[38:31.000 --> 38:54.000]  What I'm thinking about doing, if I can get the paperwork done, and I'm very slow about doing paperwork, but I want to write up two criminal complaints on the judge for the two capias he put on me when there was no record of notice, no false imprisonment.
[38:54.000 --> 39:10.000]  And I'm going to have a motion to dismiss, see how that goes, and if that doesn't go well, I'm going to fire the criminal complaints and a motion to disqualify.
[39:10.000 --> 39:18.000]  I'm going to suggest that you file the criminal complaints first and not in this court.
[39:18.000 --> 39:24.000]  You take them to the police department and offer it to them and they're going to refuse to take it.
[39:24.000 --> 39:32.000]  And you take it to the nearest magistrate and give it to the magistrate and say, here, act on this.
[39:32.000 --> 39:35.000]  I'm not even sure if Florida has.
[39:35.000 --> 39:42.000]  I mean, when you're in jail and you see the judge the next morning, they call him a magistrate.
[39:42.000 --> 39:57.000]  Listen, listen. Gerstein Pugh, in my habeas corpus, where I do a dissertation on due process, the primary controlling case is Gerstein Pugh.
[39:57.000 --> 40:01.000]  That's a Florida case.
[40:01.000 --> 40:02.000]  Okay.
[40:02.000 --> 40:16.000]  And it says that they must take you directly to the nearest magistrate, that an officer can arrest without a warrant.
[40:16.000 --> 40:20.000]  It would be preferable if all arrests could be made on an existing warrant,
[40:20.000 --> 40:35.000]  but it is a reasonable compromise to allow a police officer to arrest for an on-site offense without a warrant and to hold the person for a reasonable amount of time,
[40:35.000 --> 40:46.000]  but to allow the officer to do those things ancillary to the arrest to ensure the safety of the accused and ensure against the escape of the accused.
[40:46.000 --> 40:54.000]  Once those goals are accomplished, the authority of the policeman to hold evaporates.
[40:54.000 --> 41:01.000]  He must get the person before a magistrate for a determination of probable cause.
[41:01.000 --> 41:04.000]  That's a Florida case.
[41:04.000 --> 41:06.000]  How do you spell that?
[41:06.000 --> 41:17.000]  Gerstein. G-E-R-E-S-T-I-E-N-V-Pugh. I think it's P-E. It's not P-E-W-S.
[41:17.000 --> 41:20.000]  I got the G-E-R and it went too fast.
[41:20.000 --> 41:27.000]  Gerstein. G-E-R-S-T-I-E-N. Gerstein.
[41:27.000 --> 41:29.000]  Okay.
[41:29.000 --> 41:38.000]  Can you hear the G-H?
[41:38.000 --> 41:40.000]  I will look that up tonight, sir.
[41:40.000 --> 41:43.000]  Okay.
[41:43.000 --> 41:55.000]  You take a complaint. A complaint is always directed to some magistrate.
[41:55.000 --> 42:00.000]  Complaints aren't directed to police officers. So are the prosecutors.
[42:00.000 --> 42:07.000]  They're always directed to magistrates. It's been that way since 1216 A.D.
[42:07.000 --> 42:15.000]  When the dukes drugged the king, King John down to the River Thames and threatened to cut his head off if he didn't sign the Magna Carta.
[42:15.000 --> 42:20.000]  All subsequent English law evolved out of the Magna Carta.
[42:20.000 --> 42:28.000]  That requirement has been in place for 600 years.
[42:28.000 --> 42:33.000]  And it's worked well until 1965 when they quit doing it.
[42:33.000 --> 42:36.000]  But it's still in law. They just don't do it.
[42:36.000 --> 42:43.000]  So you go to a magistrate before you go to this court with criminal complaints against the judge.
[42:43.000 --> 42:52.000]  Then when you go into this court, you accuse the judge of committing crimes against you, making him a trespasser ab initio.
[42:52.000 --> 43:01.000]  That he's acting in concert inclusion with the prosecuting attorney to deny you in procedural due process.
[43:01.000 --> 43:09.000]  If you don't raise the stakes for him, he has no reason to be cautious.
[43:09.000 --> 43:15.000]  The last ticket I got, I didn't show up for the pretrial.
[43:15.000 --> 43:21.000]  And the dirty, rotten prosecutor dismissed my case.
[43:21.000 --> 43:28.000]  Dang it. I called the chief of police and said, what in the heck is going on?
[43:28.000 --> 43:32.000]  I just screwed up on the dates. We were about to get to the good part.
[43:32.000 --> 43:37.000]  No, Mr. Kelton, we are not going to get this forum.
[43:37.000 --> 43:40.000]  Come on, guys, we were getting to the fun part.
[43:40.000 --> 43:46.000]  Hang on, Randy Kelton, the ruler of our radio, Randy Kelton David Stevens, ruler of our radio.
[43:46.000 --> 44:02.000]  We'll be right back.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com.
[44:06.000 --> 44:09.000]  And I would like to invite you to come by our store at 1904,
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[44:37.000 --> 44:43.000]  That's 512-264-4043 naturespureorganics.com.
[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
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[45:52.000 --> 46:02.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:02.000 --> 46:20.000]  If you did not have any problem, where are you gonna look for one?
[46:20.000 --> 46:26.000]  If you could not wait any battle to learn, would your purpose test be done?
[46:26.000 --> 46:37.000]  Okay, we are back.
[46:37.000 --> 46:39.000]  Randy Kelton with Rule of Law Radio.
[46:39.000 --> 46:41.000]  We're talking to Mark in Florida.
[46:41.000 --> 46:46.000]  Mark, if these guys are trying to railroad you, and that sounds like what they're trying to do,
[46:46.000 --> 46:55.000]  the only way you're gonna be able to get any traction is to take the fight back to them.
[46:55.000 --> 47:05.000]  I'm in North Texas, and all the judges in North Texas believe that if that no-good rotten Randy Kelton
[47:05.000 --> 47:11.000]  walks into your courtroom, he's just trying to get you to do something
[47:11.000 --> 47:17.000]  so he can run and file criminal charges against you, and that is exactly right.
[47:17.000 --> 47:21.000]  This judge should think the same thing about you.
[47:21.000 --> 47:26.000]  If you're gonna take on the traffic issue, you gotta be prepared to fight the fight,
[47:26.000 --> 47:30.000]  because they are gonna give you a fight.
[47:30.000 --> 47:31.000]  It's money to them.
[47:31.000 --> 47:36.000]  That's their primary income, so expect them to fight you hard.
[47:36.000 --> 47:42.000]  If you don't go back after them, they'll do anything they want to to you.
[47:42.000 --> 47:45.000]  Sounds like what they're doing.
[47:45.000 --> 47:53.000]  My problem now is the short amount of time I have to try to get criminal complaints filed with someone.
[47:53.000 --> 48:02.000]  Well, if they throw you in jail, you'll have time in jail to write them.
[48:02.000 --> 48:04.000]  I don't know what to tell you.
[48:04.000 --> 48:12.000]  These guys apparently feel like they can act against you with impunity.
[48:12.000 --> 48:16.000]  What have you done to give them a different impression?
[48:16.000 --> 48:21.000]  The 32 days I spent in jail, Randy, they would not give me paper.
[48:21.000 --> 48:30.000]  What have you done to give them a different impression?
[48:30.000 --> 48:34.000]  Did you get paper as soon as you got out of jail?
[48:34.000 --> 48:35.000]  Pardon me?
[48:35.000 --> 48:41.000]  Did you get paper as soon as you got out of jail and start filing against them?
[48:41.000 --> 48:44.000]  No, I wanted to get these motions filed to get these cases.
[48:44.000 --> 48:46.000]  Look, look, look, look.
[48:46.000 --> 48:54.000]  You can always find reasons for not getting this done if you don't take this fight back to them.
[48:54.000 --> 48:57.000]  They're gonna keep you trying to defend yourself.
[48:57.000 --> 49:00.000]  That's where they want you.
[49:00.000 --> 49:07.000]  It don't take five minutes to write up a criminal complaint.
[49:07.000 --> 49:11.000]  For you, it takes me a lot longer.
[49:11.000 --> 49:15.000]  Well, you mean that's not an excuse.
[49:15.000 --> 49:19.000]  That's a rationalization.
[49:19.000 --> 49:23.000]  They're likely to put you in jail tomorrow.
[49:23.000 --> 49:29.000]  I bought Eddie's course on August 8th, and I've hardly cracked it open.
[49:29.000 --> 49:32.000]  I have finally listened to the audio.
[49:32.000 --> 49:39.000]  But as far as documents, I've hardly had time to glance through them.
[49:39.000 --> 49:46.000]  What have you produced in this time that you've used up all this time on?
[49:46.000 --> 49:48.000]  What have I produced?
[49:48.000 --> 49:50.000]  Yeah.
[49:50.000 --> 49:59.000]  Well, keep in mind, I'm being forced to fly a sign to put food on the table.
[49:59.000 --> 50:00.000]  Okay.
[50:00.000 --> 50:04.000]  Now, at the same time, this is what really stinks, Randy.
[50:04.000 --> 50:08.000]  I got a voicemail and a text message about a week ago
[50:08.000 --> 50:15.000]  wanting me to come to Northern Nevada at $28 an hour, $120 a day per day.
[50:15.000 --> 50:16.000]  I'm 84 hours a week.
[50:16.000 --> 50:24.000]  If you do the math, that's $3,808 a week for four weeks, which comes out to $15,200 in change.
[50:24.000 --> 50:28.000]  That would get me back on my feet.
[50:28.000 --> 50:30.000]  That would make me well.
[50:30.000 --> 50:31.000]  Okay.
[50:31.000 --> 50:33.000]  I can't go.
[50:33.000 --> 50:35.000]  I had another job offer like that.
[50:35.000 --> 50:36.000]  Wait a minute.
[50:36.000 --> 50:41.000]  Why did you call me?
[50:41.000 --> 50:52.000]  To, well, for the crowing, for one, and second, to find out your advice on what to do on this.
[50:52.000 --> 50:54.000]  File criminal charges.
[50:54.000 --> 50:56.000]  I'm running out of time to do something.
[50:56.000 --> 51:00.000]  That's my advice, file criminal charges.
[51:00.000 --> 51:02.000]  All right.
[51:02.000 --> 51:06.000]  They're taking you on criminal, violating laws, doing it.
[51:06.000 --> 51:13.000]  If you don't take them on criminal, criminally, they're going to throw you in jail.
[51:13.000 --> 51:19.000]  He's already thrown you in jail illegally, and you haven't pursued him criminally and civilly.
[51:19.000 --> 51:27.000]  You haven't given him any reason not to do anything he wants to to you.
[51:27.000 --> 51:30.000]  You're exactly right.
[51:30.000 --> 51:33.000]  And still you start acting like the master of the servant.
[51:33.000 --> 51:38.000]  They're going to treat you like you're the servant.
[51:38.000 --> 51:39.000]  It's not that hard.
[51:39.000 --> 51:42.000]  And besides, it's fun.
[51:42.000 --> 51:48.000]  When you start coming around and you start handing them criminal complaints, you get to watch them do this little chicken dance.
[51:48.000 --> 51:54.000]  They're shifting from one foot to the other, trying to find a way out from under this.
[51:54.000 --> 51:59.000]  And anyone that didn't want to take it, say, well, you know, life's filled with little decisions.
[51:59.000 --> 52:04.000]  You can either do your job or you can get in line with the judge.
[52:04.000 --> 52:07.000]  But they think that you're setting them up to come after them.
[52:07.000 --> 52:12.000]  They'll want nothing more than to get you out of their court and not ever want to see you again.
[52:12.000 --> 52:18.000]  But until you give them a reason to, they're going to be just as arrogant as you have been.
[52:18.000 --> 52:20.000]  But I do have to move along.
[52:20.000 --> 52:25.000]  I've got a whole board full of callers and I'm already an hour in.
[52:25.000 --> 52:27.000]  All right. Thank you very much, Randy.
[52:27.000 --> 52:29.000]  OK. Thank you, Mark.
[52:29.000 --> 52:32.000]  OK. Now we're going to Jeff in Mississippi.
[52:32.000 --> 52:34.000]  Hello, Mr. Jeff.
[52:34.000 --> 52:38.000]  Hi, Randy. Thanks for having me on.
[52:38.000 --> 52:39.000]  Glad to have you.
[52:39.000 --> 52:41.000]  What do you have for us today?
[52:41.000 --> 52:47.000]  I wanted to go over, kind of go over again what I went over last week.
[52:47.000 --> 52:52.000]  I filed in a motion for reconsideration.
[52:52.000 --> 52:56.000]  The judge dismissed it.
[52:56.000 --> 53:02.000]  I've now been working on my brief for the Court of Appeals.
[53:02.000 --> 53:08.000]  And so my brief is going to echo my motion for reconsideration.
[53:08.000 --> 53:09.000]  Is that correct?
[53:09.000 --> 53:11.000]  Yes. Yes.
[53:11.000 --> 53:13.000]  OK.
[53:13.000 --> 53:19.000]  Did the court give you points and authorities?
[53:19.000 --> 53:22.000]  And when you say that, does that mean explanations?
[53:22.000 --> 53:24.000]  Yes.
[53:24.000 --> 53:29.000]  No, actually they didn't. That's what I wanted to read to you.
[53:29.000 --> 53:36.000]  OK. You need to file a request for findings of fact and conclusions of law.
[53:36.000 --> 53:37.000]  OK.
[53:37.000 --> 53:42.000]  The judge dismissed my order.
[53:42.000 --> 53:48.000]  And his explanation, can I read it real quick?
[53:48.000 --> 53:50.000]  I think it's about a half page.
[53:50.000 --> 53:51.000]  OK. Quickly.
[53:51.000 --> 53:55.000]  OK. He goes on to talk about under Rule 60B,
[53:55.000 --> 54:03.000]  the court has the discretion to relieve a party from a final judgment under the six circumstances.
[54:03.000 --> 54:10.000]  And he lists out five and then, well, one is mistake, newly discovered evidence,
[54:10.000 --> 54:15.000]  three is fraud, four is judgment is void, five is judgment's been satisfied,
[54:15.000 --> 54:19.000]  and six is any other reason that justifies relief.
[54:19.000 --> 54:21.000]  Now here, here's his opinion.
[54:21.000 --> 54:27.000]  Hill references, I'm Hill, Jeff from Mississippi, references Rule 60B generally
[54:27.000 --> 54:31.000]  and without discussion of these categories, which he's right.
[54:31.000 --> 54:36.000]  He does not go back and say, number one, mistake, so and so.
[54:36.000 --> 54:40.000]  I just held their feet to the fire with what they did.
[54:40.000 --> 54:43.000]  And he goes on, but looking at the gist of his motion,
[54:43.000 --> 54:48.000]  he does not appear to invoke, much less satisfy, any of the first five.
[54:48.000 --> 54:51.000]  Hill has not shown extraordinary circumstances.
[54:51.000 --> 54:54.000]  Hill's arguments fall within three general patterns.
[54:54.000 --> 55:00.000]  He quotes various cases, but misconstrues their holdings
[55:00.000 --> 55:06.000]  arguing that the court erred in applying it to defendant's motions under 12B6.
[55:06.000 --> 55:09.000]  Second, Hill repeatedly recites the court's holdings
[55:09.000 --> 55:14.000]  and then contends that the court made false statements, which I did, because they did.
[55:14.000 --> 55:18.000]  But having reviewed Hill's motion, the court stands by its prior holdings.
[55:18.000 --> 55:21.000]  Hill may disagree with the court's analysis,
[55:21.000 --> 55:25.000]  but such disagreements are not basis for reconsideration.
[55:25.000 --> 55:28.000]  They are basis for appeal.
[55:28.000 --> 55:34.000]  Rule 60B6 is neither a direct nor a vicarious substitute for an appeal.
[55:34.000 --> 55:40.000]  And third, Hill simply takes issue with precedent,
[55:40.000 --> 55:44.000]  contending that he will establish new law on appeal
[55:44.000 --> 55:50.000]  regarding the 11th Amendment bar to official capacity claims under 42 USC.
[55:50.000 --> 55:54.000]  None of his arguments establish a basis for reconsideration under any provision.
[55:54.000 --> 55:57.000]  The court has considered all of Hill's arguments.
[55:57.000 --> 55:58.000]  His motion is denied.
[55:58.000 --> 56:03.000]  Hill asks whether the court concluded under 12B6 that he has not pleaded facts
[56:03.000 --> 56:07.000]  and that his allegations are mere speculation.
[56:07.000 --> 56:13.000]  Hill did plead certain non-speculative facts, all of which the court accepted as true,
[56:13.000 --> 56:18.000]  but those facts were insufficient to plead a plausible due process violation.
[56:18.000 --> 56:21.000]  And even if Hill stated a plausible due process violation,
[56:21.000 --> 56:26.000]  the claims against defendants will still fail as a matter of law.
[56:26.000 --> 56:33.000]  The defendant is not subjected to 1983 because he did not act under the color of law.
[56:33.000 --> 56:35.000]  That was a public defender.
[56:35.000 --> 56:40.000]  The 11th Amendment bars Hill's official capacity against the court reporter.
[56:40.000 --> 56:44.000]  The court reporter is qualified to immunity in her individual capacity.
[56:44.000 --> 56:46.000]  That's the end of it.
[56:46.000 --> 56:49.000]  Now, to me, that just sounded like a bunch of fluff.
[56:49.000 --> 56:51.000]  It was a bunch of fluff.
[56:51.000 --> 57:00.000]  So file your appeal and ask the Court of Appeals to...
[57:00.000 --> 57:03.000]  Okay.
[57:03.000 --> 57:08.000]  No, I haven't heard, I haven't read the original opinion.
[57:08.000 --> 57:13.000]  Did he have any explanation in the original opinion?
[57:13.000 --> 57:16.000]  Oh, in his original, when he dismissed my case?
[57:16.000 --> 57:18.000]  Yes.
[57:18.000 --> 57:25.000]  Yeah, that my motions were meritless and that I failed to bring a viable claim.
[57:25.000 --> 57:27.000]  Okay, that's easy enough.
[57:27.000 --> 57:32.000]  You just restate your viable claim to the Court of Appeals.
[57:32.000 --> 57:38.000]  And so this is not, the court has already established the facts,
[57:38.000 --> 57:42.000]  and that's what the Court of Appeals can't change.
[57:42.000 --> 57:48.000]  But the court ruled that the facts did not constitute a viable claim.
[57:48.000 --> 57:53.000]  And you asked the Court of Appeals to rule that it did constitute a viable claim.
[57:53.000 --> 57:55.000]  That's simple enough.
[57:55.000 --> 57:57.000]  Okay.
[57:57.000 --> 57:59.000]  And show him case laws as to why.
[57:59.000 --> 58:01.000]  So it's time to move on to the Court of Appeals.
[58:01.000 --> 58:06.000]  And then go ahead and judicial conduct the judge just for you.
[58:06.000 --> 58:08.000]  Okay.
[58:08.000 --> 58:11.000]  He said nothing specific.
[58:11.000 --> 58:15.000]  I listed dates and places, and he just came back and said,
[58:15.000 --> 58:18.000]  no, it's not a viable complaint.
[58:18.000 --> 58:22.000]  These are the arguments you make before the Court of Appeals.
[58:22.000 --> 58:25.000]  You never expect to win before the trial, Judge.
[58:25.000 --> 58:27.000]  Hang on, about to go to break.
[58:27.000 --> 58:30.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio,
[58:30.000 --> 58:34.000]  our call-in number, 512-646-1984.
[58:34.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:54.000]  The Bible remains the most popular book in the world,
[58:54.000 --> 58:58.000]  yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:02.000]  Some new translations try to help by simplifying the text,
[59:02.000 --> 59:07.000]  but in the process can compromise the profound meaning of the Scripture.
[59:07.000 --> 59:09.000]  Enter the recovery version.
[59:09.000 --> 59:13.000]  First, this new translation is extremely faithful and accurate,
[59:13.000 --> 59:18.000]  but the real story is the more than 9,000 explanatory footnotes.
[59:18.000 --> 59:22.000]  Difficult and profound passages are opened up in a marvelous way,
[59:22.000 --> 59:28.000]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:28.000 --> 59:33.000]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.000 --> 59:44.000]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:44.000 --> 59:48.000]  or by ordering online at freestudybible.com.
[59:48.000 --> 59:53.000]  That's freestudybible.com.
[59:53.000 --> 59:56.000]  You're listening to the Logos Radio Network.
[59:56.000 --> 01:00:01.000]  At logosradionetwork.com.
[01:00:01.000 --> 01:00:05.000]  The following news flash is brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing the jelly bulletins for the commodities market.
[01:00:08.000 --> 01:00:17.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:17.000 --> 01:00:25.000]  Markets for Wednesday, the 26th of October, 2016, are currently trading with gold at $1,266.33 an ounce,
[01:00:25.000 --> 01:00:30.000]  silver $17.63 an ounce, Texas crude $49.96 a barrel,
[01:00:30.000 --> 01:00:40.000]  and Bitcoin is currently sitting at about $675 U.S. currency.
[01:00:40.000 --> 01:00:45.000]  Today in history, the year 2001, then President George W. Bush signs into law
[01:00:45.000 --> 01:00:48.000]  the United and Strengthening America by providing appropriate tools
[01:00:48.000 --> 01:00:53.000]  required to intercept an obstruct terrorism act or the USA Patriot Act into law,
[01:00:53.000 --> 01:00:56.000]  with controversial provisions concerning surveillance procedures and gathering,
[01:00:56.000 --> 01:00:59.000]  anti-money laundering, and business records,
[01:00:59.000 --> 01:01:02.000]  removing obstacles to investigating terrorism by consolidating agencies,
[01:01:02.000 --> 01:01:05.000]  and contentious interrogation techniques.
[01:01:05.000 --> 01:01:08.000]  Perhaps the biggest concern raised from civil rights groups was the rapidness
[01:01:08.000 --> 01:01:13.000]  in which the 342-page bill was written up, read, and passed by Congress,
[01:01:13.000 --> 01:01:18.000]  and then signed into law a little over a month after the September 11 terrorist attacks.
[01:01:18.000 --> 01:01:24.000]  Today in history, in recent years,
[01:01:24.000 --> 01:01:28.000]  NATO's biggest military proliferation on Russia's border since the Cold War
[01:01:28.000 --> 01:01:31.000]  is underway, with Great Britain announcing Wednesday today
[01:01:31.000 --> 01:01:34.000]  that it is planning on sending fighter jets to Romania next year,
[01:01:34.000 --> 01:01:37.000]  and the United States has vowed troops, tanks, and artillery to Poland,
[01:01:37.000 --> 01:01:41.000]  along with Germany, Canada, and other NATO allies also pledging forces
[01:01:41.000 --> 01:01:44.000]  at a defense ministers meeting in Brussels.
[01:01:44.000 --> 01:01:48.000]  Meanwhile, two Russian warships entered the Baltic Sea between Sweden and Denmark
[01:01:48.000 --> 01:01:50.000]  and are said to be armed with cruise missiles.
[01:01:50.000 --> 01:01:53.000]  The ships were part of an eight-ship carrier battle group,
[01:01:53.000 --> 01:01:57.000]  including Russia's one and only aircraft carrier, the Admiral Kuznestov,
[01:01:57.000 --> 01:02:02.000]  which is expected to join around 10 other Russian vessels already off the Syrian coast.
[01:02:02.000 --> 01:02:06.000]  We hope and pray these Russian-NATO escalations over engagement in Syria
[01:02:06.000 --> 01:02:09.000]  are soon de-escalated and a resolve is figured out.
[01:02:09.000 --> 01:02:17.000]  Our thoughts and prayers also go out to the people of Syria as well.
[01:02:17.000 --> 01:02:19.000]  Early voting started Monday in Texas.
[01:02:19.000 --> 01:02:22.000]  Record turnout is being recorded in many counties.
[01:02:22.000 --> 01:02:25.000]  However, some individual voters have been calling foul when voting straight ticket,
[01:02:25.000 --> 01:02:29.000]  claiming that the e-voting machines were leaving the presidential bid unchecked
[01:02:29.000 --> 01:02:31.000]  when a straight vote for the Republican parties placed.
[01:02:31.000 --> 01:02:35.000]  Reminds me of what Joseph Stalin said when he said that it wasn't who voted that counted,
[01:02:35.000 --> 01:02:37.000]  but who counted the votes.
[01:02:37.000 --> 01:02:39.000]  Early voting in Texas ends four days before the election,
[01:02:39.000 --> 01:02:42.000]  so get out there and vote nobody for president.
[01:02:42.000 --> 01:02:45.000]  The Lone Star Lowdown is currently looking for sponsors.
[01:02:45.000 --> 01:02:48.000]  If you have a product or a service you'd like to advertise with us,
[01:02:48.000 --> 01:02:53.000]  feel free to give me a call at 210-363-2257.
[01:02:53.000 --> 01:03:07.000]  This is Brooke Brody with your Lowdown for October 26, 2016.
[01:03:23.000 --> 01:03:27.000]  Okay, we are back.
[01:03:27.000 --> 01:03:30.000]  Randy Kelton, Deborah Stevens with our radio.
[01:03:30.000 --> 01:03:32.000]  We're talking to Jeff in Mississippi.
[01:03:32.000 --> 01:03:40.000]  Okay, Jeff, looks like all you got to do now is get your appeal written and get it in.
[01:03:40.000 --> 01:03:46.000]  Okay, well, my next question was under the part with a statement of issues,
[01:03:46.000 --> 01:03:49.000]  and that's where you've got the large Roman numerals.
[01:03:49.000 --> 01:03:55.000]  Number one, whether the district court erred in stepping on Randy's toe.
[01:03:55.000 --> 01:04:01.000]  Number two, did the district court error in breaking Randy's arm, you know, that kind of a thing?
[01:04:01.000 --> 01:04:02.000]  Yes.
[01:04:02.000 --> 01:04:04.000]  And then you argue.
[01:04:04.000 --> 01:04:09.000]  I have three motions.
[01:04:09.000 --> 01:04:15.000]  I actually have four motions during my court case.
[01:04:15.000 --> 01:04:20.000]  And then I have a motion for reconsideration.
[01:04:20.000 --> 01:04:25.000]  The motion for reconsideration contained a lot of those.
[01:04:25.000 --> 01:04:30.000]  So do I want to break them up individually when I have my statement of issues
[01:04:30.000 --> 01:04:36.000]  and say did the court error when it dismissed my claim, when it dismissed this?
[01:04:36.000 --> 01:04:38.000]  Absolutely.
[01:04:38.000 --> 01:04:41.000]  Every issue bring up separately.
[01:04:41.000 --> 01:04:48.000]  Okay, so I don't want to just say one and say did the court error when it dismissed my motion for reconsideration
[01:04:48.000 --> 01:04:50.000]  and just have that as the big umbrella.
[01:04:50.000 --> 01:04:51.000]  No, no, no.
[01:04:51.000 --> 01:05:03.000]  You have to name the motion for reconsideration is not something you can complain about to the court.
[01:05:03.000 --> 01:05:11.000]  You complain about his ruling, the order, not the motion for reconsideration.
[01:05:11.000 --> 01:05:19.000]  Name each point that he denied and show why he shouldn't have denied that point.
[01:05:19.000 --> 01:05:26.000]  My next problem is that there were during my motion for reconsideration, I guess I got ahead of myself,
[01:05:26.000 --> 01:05:34.000]  and I did not argue the other motions that he dismissed during the case.
[01:05:34.000 --> 01:05:36.000]  Makes no difference.
[01:05:36.000 --> 01:05:41.000]  Okay, so I can still argue those even though I didn't mention them on my motion for reconsideration.
[01:05:41.000 --> 01:05:43.000]  Right.
[01:05:43.000 --> 01:05:52.000]  Okay, lastly, are there some arguments that I should keep off just because I don't want to make it too lengthy,
[01:05:52.000 --> 01:05:55.000]  maybe just have a couple of good arguments?
[01:05:55.000 --> 01:05:57.000]  No, make it lengthy.
[01:05:57.000 --> 01:06:00.000]  Make it lengthy.
[01:06:00.000 --> 01:06:05.000]  It kind of goes to horse turds.
[01:06:05.000 --> 01:06:06.000]  Gotcha.
[01:06:06.000 --> 01:06:08.000]  Or horse dumplings.
[01:06:08.000 --> 01:06:16.000]  Horse dumplings are kind of dry, but if you throw enough of them up against a wall,
[01:06:16.000 --> 01:06:20.000]  there's a good chance one of them is going to stick.
[01:06:20.000 --> 01:06:26.000]  That's all you got to get to stick to bring it back to the court, to the trial court.
[01:06:26.000 --> 01:06:28.000]  So we want to throw out as many as possible?
[01:06:28.000 --> 01:06:30.000]  Yes.
[01:06:30.000 --> 01:06:31.000]  Okay.
[01:06:31.000 --> 01:06:32.000]  All right.
[01:06:32.000 --> 01:06:33.000]  I'm already working on it.
[01:06:33.000 --> 01:06:35.000]  I'll call you next week and tell you where I'm at.
[01:06:35.000 --> 01:06:36.000]  All righty.
[01:06:36.000 --> 01:06:37.000]  Thank you, Jeff.
[01:06:37.000 --> 01:06:38.000]  Thank you.
[01:06:38.000 --> 01:06:39.000]  All right.
[01:06:39.000 --> 01:06:42.000]  Okay, now we're going to go to Scott in Texas.
[01:06:42.000 --> 01:06:44.000]  Hello, Scott.
[01:06:44.000 --> 01:06:46.000]  Howdy, howdy.
[01:06:46.000 --> 01:06:49.000]  What do you have for us today?
[01:06:49.000 --> 01:06:53.000]  Well, today I had to go to court over in Rockwall,
[01:06:53.000 --> 01:06:57.000]  and they were so gracious to give me a court-appointed attorney.
[01:06:57.000 --> 01:07:03.000]  And I was in and out so fast, I never even moved two steps in the line
[01:07:03.000 --> 01:07:06.000]  where you're supposed to stand up and go check in.
[01:07:06.000 --> 01:07:12.000]  By the time they got two people up, I was already walking out the door.
[01:07:12.000 --> 01:07:14.000]  Oh, well, that was easy enough.
[01:07:14.000 --> 01:07:19.000]  Tell us about your judicial conduct complaints.
[01:07:19.000 --> 01:07:22.000]  Now, I've been filing.
[01:07:22.000 --> 01:07:28.000]  In fact, I'm finishing up a judicial complaint right now while I was waiting in line to talk to you.
[01:07:28.000 --> 01:07:36.000]  And this is one for a judge over in Forney.
[01:07:36.000 --> 01:07:42.000]  And, you know, if everybody will just take the time to put together a timeline,
[01:07:42.000 --> 01:07:44.000]  that's pretty much going to be your complaints.
[01:07:44.000 --> 01:07:48.000]  And then you can just start picking and choosing everything out of there
[01:07:48.000 --> 01:07:56.000]  and word it or make it flow to whatever you're wanting to file.
[01:07:56.000 --> 01:08:02.000]  So every time I go and once we get the timeline pretty well down,
[01:08:02.000 --> 01:08:06.000]  because they violate just about everything that they're doing,
[01:08:06.000 --> 01:08:13.000]  and then so I go to make a judicial complaint, well, all these municipal courts here in North Texas,
[01:08:13.000 --> 01:08:19.000]  they're all bar attorney lawyers.
[01:08:19.000 --> 01:08:20.000]  They're not lawyers.
[01:08:20.000 --> 01:08:24.000]  They're just bar attorneys that are acting as judges.
[01:08:24.000 --> 01:08:25.000]  So when you get...
[01:08:25.000 --> 01:08:30.000]  Okay, this is what chump lawyers do to make extra money.
[01:08:30.000 --> 01:08:31.000]  Right.
[01:08:31.000 --> 01:08:39.000]  If they were making the big money, they wouldn't be down here in the municipal courts on their off time.
[01:08:39.000 --> 01:08:46.000]  Bottom feeding, especially on people like high school students, like this particular little instance was.
[01:08:46.000 --> 01:08:49.000]  And so, yeah, they're just bottom feeding on high school students.
[01:08:49.000 --> 01:08:50.000]  Okay.
[01:08:50.000 --> 01:08:56.000]  Tell them about your conversation with the investigator for the Judicial Conduct Commission.
[01:08:56.000 --> 01:09:04.000]  Well, I want to lead up to this so it gives everybody a little reference on why and some of the things to do,
[01:09:04.000 --> 01:09:13.000]  because once you get all this done, now, this criminal complaint that I'm making up is also going to be my judicial conduct
[01:09:13.000 --> 01:09:16.000]  and a bar grievance at the same time, just two different forms.
[01:09:16.000 --> 01:09:22.000]  You just attach the criminal complaint to each form and send it off in the mail and off and running.
[01:09:22.000 --> 01:09:30.000]  Now, I have been contacted several times by the Chief Investigative Officer for the Texas Judicial Commission Board,
[01:09:30.000 --> 01:09:32.000]  blah, blah, blah, blah, whatever.
[01:09:32.000 --> 01:09:38.000]  And anyhow, so we had a 39-minute conversation two days ago.
[01:09:38.000 --> 01:09:48.000]  And basically, what he's telling me or what I've kind of construed from it is a lot of these people
[01:09:48.000 --> 01:09:53.000]  that are filing judicial conduct complaints are going about it wrong.
[01:09:53.000 --> 01:10:02.000]  They're attacking the judge's discretion and his rulings, and they have nothing to do with rulings.
[01:10:02.000 --> 01:10:06.000]  And discretion is really hard for them to police as well.
[01:10:06.000 --> 01:10:09.000]  That's what the appellate courts are supposed to be for.
[01:10:09.000 --> 01:10:10.000]  That was his deal.
[01:10:10.000 --> 01:10:20.000]  But when you're going after judicial conduct, you want to make sure that you're focused on constitutional rights,
[01:10:20.000 --> 01:10:23.000]  that they are violating.
[01:10:23.000 --> 01:10:33.000]  So it's basically about your rights and, for instance, not having access to a free and open court.
[01:10:33.000 --> 01:10:39.000]  Well, if you're like a minute late, this is just a reference for everybody.
[01:10:39.000 --> 01:10:44.000]  If you're a minute late, well, the judge could use their discretion and wave you off, say,
[01:10:44.000 --> 01:10:50.000]  oh, you were late, blah, blah, blah, blah, even though they really shouldn't be able to do that
[01:10:50.000 --> 01:10:52.000]  because you should have access to a court.
[01:10:52.000 --> 01:10:55.000]  But now it's getting into a little bit of their discretion.
[01:10:55.000 --> 01:11:02.000]  But if a third party, a friend of yours comes to court with you and they can't get access into that courtroom,
[01:11:02.000 --> 01:11:12.000]  now that's a huge violation and the judicial board will come down hard on them for not letting anybody have access to a free and open court.
[01:11:12.000 --> 01:11:20.000]  So that was, there was some other things that we discussed that were really pertinent to the state of Texas.
[01:11:20.000 --> 01:11:29.000]  But it was well worth writing the complaint and sending them in.
[01:11:29.000 --> 01:11:33.000]  And now I'm just bombing these guys.
[01:11:33.000 --> 01:11:35.000]  Wait a minute, wait a minute.
[01:11:35.000 --> 01:11:44.000]  The thing you want to do is claim that the judge violated a law relating to his office
[01:11:44.000 --> 01:11:51.000]  and in the process denied you or someone else in the full and free access to or enjoyment of a right.
[01:11:51.000 --> 01:11:56.000]  Due process violation, that's what you want to claim.
[01:11:56.000 --> 01:11:59.000]  That's exactly where you go with it.
[01:11:59.000 --> 01:12:05.000]  Usurping your liberty interest due process claims, which is a violation of your rights.
[01:12:05.000 --> 01:12:15.000]  So if you'll keep your complaints focused in that direction, then you'll start heading off into that direction.
[01:12:15.000 --> 01:12:25.000]  And then I have one last sentence that I pretty well kind of throw in here that basically is like talk about a scatter gun effect.
[01:12:25.000 --> 01:12:33.000]  Like on this one right here, Judge Margaret Spaine violated complainants' rights to an appeal
[01:12:33.000 --> 01:12:38.000]  by invoking her quislings to confound, confuse, or mislead a high school student,
[01:12:38.000 --> 01:12:47.000]  violating her oath of office, usurping complainants' liberty interest, albeit undermining the public trust,
[01:12:47.000 --> 01:12:53.000]  a breach of her fiduciary duty to the public, violating the code of ethics, likewise oath of office,
[01:12:53.000 --> 01:13:01.000]  scarring the face of public trust by acting noncompliant with will, established laws, policies, and procedures,
[01:13:01.000 --> 01:13:08.000]  policies, rules, and procedures, including malfeasance of office while absent any exemption
[01:13:08.000 --> 01:13:14.000]  and abuse of discretion for the sole purpose of generating a revenue scheme.
[01:13:14.000 --> 01:13:16.000]  That's one sentence.
[01:13:16.000 --> 01:13:19.000]  That just gave me a headache.
[01:13:19.000 --> 01:13:25.000]  Oh, I know, but that's the last sentence. That's the last sentence that sums everything up,
[01:13:25.000 --> 01:13:29.000]  because in my complaints, this is how I do it.
[01:13:29.000 --> 01:13:35.000]  I state all the facts, and then the very last sentence is where I just come out firing all guns.
[01:13:35.000 --> 01:13:41.000]  It's like this is everything that you're doing in this complaint, and this is what it's leading up to, and blah, blah, blah.
[01:13:41.000 --> 01:13:45.000]  Okay. Let me tell the part you didn't tell.
[01:13:45.000 --> 01:13:46.000]  What?
[01:13:46.000 --> 01:13:52.000]  The investigator told you that they get about a thousand complaints a year,
[01:13:52.000 --> 01:13:58.000]  and about a half of them are trash because they're complaining about the judge's rulings,
[01:13:58.000 --> 01:14:03.000]  and most of them are written by lawyers, and even the lawyers don't know any better.
[01:14:03.000 --> 01:14:10.000]  And then out of the 500 that's left, 250 of them get to the commission.
[01:14:10.000 --> 01:14:16.000]  They get acted on. They get assigned to an investigator or a lawyer.
[01:14:16.000 --> 01:14:25.000]  Well, out of the 500, now 250 of those go to the investigator, and the other 250 go to an attorney.
[01:14:25.000 --> 01:14:34.000]  Out of those, 100 will get processed for judicial, not charges, but actions.
[01:14:34.000 --> 01:14:40.000]  It could be where they have to step down, like the appellate judge in Dallas did.
[01:14:40.000 --> 01:14:45.000]  Good. So when you're making criminal complaints against the judges,
[01:14:45.000 --> 01:14:55.000]  now I talked to the current panel at the last Senate subcommittee hearing on sunsetting the bar.
[01:14:55.000 --> 01:15:00.000]  I'm sitting between the two judges on the commission,
[01:15:00.000 --> 01:15:05.000]  and I told them they don't need to change anything.
[01:15:05.000 --> 01:15:10.000]  And the female judge said, well, why are you here?
[01:15:10.000 --> 01:15:13.000]  Well, I'm here to keep them from changing anything,
[01:15:13.000 --> 01:15:17.000]  because the way it is with you two judges on the commission,
[01:15:17.000 --> 01:15:21.000]  I do this radio show, and I'm getting people to file their complaint
[01:15:21.000 --> 01:15:28.000]  and accuse the judge of violating a law relating to his office and denying them a right.
[01:15:28.000 --> 01:15:30.000]  Well, that's an act of official oppression.
[01:15:30.000 --> 01:15:35.000]  And since you two are judges, you're also magistrates.
[01:15:35.000 --> 01:15:39.000]  And when you get noticed that a crime's been committed,
[01:15:39.000 --> 01:15:45.000]  if you don't hold an examining trial, I get to file against you.
[01:15:45.000 --> 01:15:50.000]  And the woman, she said, oh, Mr. Kelton, you're just a barrel of last.
[01:15:50.000 --> 01:15:55.000]  Oh, yeah, this is great.
[01:15:55.000 --> 01:16:00.000]  Because this puts everybody on notice that you're coming out
[01:16:00.000 --> 01:16:03.000]  and you're making criminal complaints against the judge,
[01:16:03.000 --> 01:16:06.000]  and the next person that picks it up is the judge,
[01:16:06.000 --> 01:16:09.000]  and he's going like, oh, crap, he's coming after me next.
[01:16:09.000 --> 01:16:15.000]  And if you include a verified criminal affidavit, you know, Scott,
[01:16:15.000 --> 01:16:19.000]  you're making, you're including your criminal complaint.
[01:16:19.000 --> 01:16:23.000]  You need to take that complaint and make sure it's been verified.
[01:16:23.000 --> 01:16:25.000]  It's got a notary stamp on it.
[01:16:25.000 --> 01:16:31.000]  So when the judge looks at it, he's looking at a verified criminal affidavit,
[01:16:31.000 --> 01:16:37.000]  and he's going to know that just invoked his duty as a magistrate,
[01:16:37.000 --> 01:16:40.000]  a duty from which he may not shield himself.
[01:16:40.000 --> 01:16:41.000]  Hang on.
[01:16:41.000 --> 01:16:44.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:16:44.000 --> 01:17:00.000]  We'll be right back.
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[01:17:49.000 --> 01:17:57.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
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[01:19:00.000 --> 01:19:11.000]  This is the Logos, Logos, Radio, Net, Radio, Net, Radio, Net.
[01:19:11.000 --> 01:19:37.000]  Aint gonna blind me, aint gonna fool me with that same old trick again
[01:19:37.000 --> 01:20:02.000]  Aint gonna blind me, aint gonna fool me with that same old trick again
[01:20:02.600 --> 01:20:06.160]  Okay, so why are you wasting time talking to me
[01:20:06.160 --> 01:20:07.800]  when you could be using that time
[01:20:07.800 --> 01:20:10.400]  writing more judicial conduct complaints?
[01:20:10.400 --> 01:20:13.280]  I'm doing it, I already got my bar grievance filled out,
[01:20:13.280 --> 01:20:15.320]  now I just fill out my judicial complaint
[01:20:15.320 --> 01:20:18.040]  and I love my mail.
[01:20:18.040 --> 01:20:21.480]  Good, this is how we're gonna take them back.
[01:20:22.880 --> 01:20:24.840]  And your problem is gonna be
[01:20:24.840 --> 01:20:27.920]  that you're gonna get stuck on a list
[01:20:27.920 --> 01:20:29.600]  and they'll quit stomping you
[01:20:29.600 --> 01:20:32.360]  and they'll ruin all your fun.
[01:20:32.360 --> 01:20:34.960]  I hope so, because you know,
[01:20:34.960 --> 01:20:37.640]  I got other things to do besides, you know,
[01:20:37.640 --> 01:20:40.520]  beating them down and filing complaints on them,
[01:20:40.520 --> 01:20:42.800]  but you know, it's our duty
[01:20:42.800 --> 01:20:45.040]  and the only reason this has gotten out of hand
[01:20:45.040 --> 01:20:48.000]  is because we failed to do this.
[01:20:48.000 --> 01:20:50.920]  Yeah, and we get more people doing it.
[01:20:52.240 --> 01:20:54.000]  They will get their act together.
[01:20:54.000 --> 01:20:57.720]  We really can make a change in the system.
[01:20:57.720 --> 01:20:59.480]  And that's what, you know, it's been.
[01:20:59.480 --> 01:21:02.960]  30 years working out first what was wrong
[01:21:02.960 --> 01:21:04.880]  and then how to fix it.
[01:21:04.880 --> 01:21:07.560]  And now we're at the point of implementing the fix
[01:21:07.560 --> 01:21:09.360]  and the fix turns out to be easier
[01:21:09.360 --> 01:21:10.720]  than you would have thought.
[01:21:11.600 --> 01:21:16.000]  So all you gotta do is, you guys wanna fight?
[01:21:16.000 --> 01:21:18.440]  I will give you one.
[01:21:18.440 --> 01:21:22.040]  And who had ever thought the fight with the fix
[01:21:22.040 --> 01:21:23.520]  would have been so much fun?
[01:21:23.520 --> 01:21:28.520]  Well, you know, they have a lot more to lose than we do.
[01:21:28.600 --> 01:21:31.040]  So it's time to make them start losing it
[01:21:31.040 --> 01:21:33.320]  and then they'll appreciate, you know,
[01:21:33.320 --> 01:21:37.320]  not stomping all over us like we're little mindless peasants.
[01:21:37.320 --> 01:21:38.960]  We ain't stupid.
[01:21:38.960 --> 01:21:42.520]  And a reference back to Mark on the first call,
[01:21:43.440 --> 01:21:44.280]  don't wait.
[01:21:45.960 --> 01:21:49.280]  Don't wait until they accumulated a bunch of stuff
[01:21:49.280 --> 01:21:51.600]  and you finally reach your gag limit.
[01:21:51.600 --> 01:21:56.600]  In this regard your gag limit should be really, really short.
[01:21:58.000 --> 01:22:00.560]  First time I go into court,
[01:22:00.560 --> 01:22:03.400]  the first time that judge steps across the line,
[01:22:03.400 --> 01:22:05.080]  I am on it.
[01:22:06.880 --> 01:22:10.000]  And if I can coax him into stepping across the line,
[01:22:10.000 --> 01:22:10.840]  even better.
[01:22:13.360 --> 01:22:15.680]  Like asking him to turn the sound up.
[01:22:16.640 --> 01:22:19.880]  Oh, that was, you have, we can't believe it.
[01:22:19.880 --> 01:22:23.760]  You have, we can't believe how much fun that was.
[01:22:25.600 --> 01:22:26.600]  Anyway, okay.
[01:22:28.600 --> 01:22:29.440]  Well, thank you, Mark.
[01:22:29.440 --> 01:22:33.360]  We got, we got Olivier and he's going to take a while.
[01:22:33.360 --> 01:22:34.200]  He usually does.
[01:22:34.200 --> 01:22:37.200]  He's got, Julie has a bunch of good information.
[01:22:37.200 --> 01:22:38.920]  Keep up the good work, Scott.
[01:22:40.400 --> 01:22:41.520]  All right, I'll see you.
[01:22:41.520 --> 01:22:42.920]  I'll talk to y'all later, bye.
[01:22:42.920 --> 01:22:44.600]  Okay, bye.
[01:22:44.600 --> 01:22:47.840]  Okay, now we're going to Olivier in Tennessee.
[01:22:47.840 --> 01:22:50.000]  Hello, Olivier.
[01:22:50.000 --> 01:22:51.320]  How you doing?
[01:22:51.320 --> 01:22:52.160]  Hello.
[01:22:54.160 --> 01:22:57.440]  I am, I am getting some sound in the background.
[01:22:59.240 --> 01:23:00.480]  Turn it off.
[01:23:00.480 --> 01:23:01.320]  Okay, that's better.
[01:23:01.320 --> 01:23:05.200]  I wasn't sure if it was feedback of some sort.
[01:23:05.200 --> 01:23:06.160]  It's okay, that's better.
[01:23:06.160 --> 01:23:07.000]  Go ahead.
[01:23:07.000 --> 01:23:07.840]  All right.
[01:23:09.640 --> 01:23:12.440]  All right, here's what's going on.
[01:23:12.440 --> 01:23:14.680]  So I kind of figured something out.
[01:23:14.680 --> 01:23:18.080]  I wrote my pleading up wrong because, you know,
[01:23:18.080 --> 01:23:21.040]  there's a lot of conflicting so much,
[01:23:21.040 --> 01:23:22.840]  but now I'm understanding.
[01:23:22.840 --> 01:23:26.880]  There is, I guess, two statutes
[01:23:26.880 --> 01:23:31.880]  or two statute chapters revealing,
[01:23:32.680 --> 01:23:35.440]  dealing to tort.
[01:23:36.440 --> 01:23:39.520]  And I wrote mine up on the wrong one.
[01:23:39.520 --> 01:23:44.520]  So they're claiming that they have immunity
[01:23:44.800 --> 01:23:47.360]  and they have 60 days.
[01:23:47.360 --> 01:23:48.560]  Okay, wait, hold on, hold on.
[01:23:48.560 --> 01:23:51.320]  Did they file a motion to dismiss?
[01:23:51.320 --> 01:23:52.240]  Yes.
[01:23:52.240 --> 01:23:57.240]  Okay, when there is a motion to dismiss,
[01:23:57.560 --> 01:24:00.080]  almost always depending on the jurisdiction,
[01:24:00.080 --> 01:24:02.160]  and I would expect it to be the same in Tennessee
[01:24:02.160 --> 01:24:03.720]  as it is here in Texas.
[01:24:03.720 --> 01:24:05.880]  When they file a motion to dismiss
[01:24:05.880 --> 01:24:09.800]  and state why they filed a motion to dismiss,
[01:24:09.800 --> 01:24:13.200]  then that triggers your right to file an amended pleading.
[01:24:14.160 --> 01:24:17.080]  And what I like to do when they do that
[01:24:17.080 --> 01:24:21.080]  is rather than argue with the other side,
[01:24:22.320 --> 01:24:27.320]  I treat the other side like I do the judge.
[01:24:28.200 --> 01:24:31.200]  They assume the judge is always trying to teach you.
[01:24:31.200 --> 01:24:36.200]  And the thing I like to do most in an amended pleading
[01:24:36.200 --> 01:24:41.200]  is state that at paragraphs so-and-so,
[01:24:41.560 --> 01:24:46.560]  defendant argued such-and-such.
[01:24:46.800 --> 01:24:49.240]  Defendant's argument is well taken.
[01:24:51.960 --> 01:24:56.960]  And for that reason, you're rewriting the complaint
[01:24:56.960 --> 01:25:01.960]  to correct the error pointed out by defendant.
[01:25:02.000 --> 01:25:04.480]  So on the one side, you're stroking the defendant,
[01:25:04.480 --> 01:25:06.600]  and on the other side, you're saying,
[01:25:06.600 --> 01:25:09.440]  thanks a lot, Bubba, for giving me the heads up.
[01:25:09.440 --> 01:25:11.460]  Now I get to kick you even harder.
[01:25:14.080 --> 01:25:17.780]  Well, okay, I understand your concept.
[01:25:17.780 --> 01:25:25.780]  What I did was I answered the motion to dismiss,
[01:25:27.220 --> 01:25:32.220]  then I planned on submitting a corrected amended pleading
[01:25:35.100 --> 01:25:40.100]  because in my answer to their motion to dismiss,
[01:25:40.100 --> 01:25:44.260]  it concluded all the things about proceeds
[01:25:44.260 --> 01:25:49.260]  and their pleading needing to be taken literally
[01:25:52.700 --> 01:25:54.780]  and all that other good stuff.
[01:25:54.780 --> 01:25:58.020]  So I made all my facts in there, and I have a right,
[01:25:58.020 --> 01:26:00.300]  I have a right to, just like you said,
[01:26:00.300 --> 01:26:03.540]  I have a right to file the amended pleading.
[01:26:03.540 --> 01:26:08.540]  But my big question is now that we're on the right track
[01:26:08.540 --> 01:26:13.540]  of them being underneath a tort of intentional
[01:26:19.100 --> 01:26:24.100]  instead of neglect, because the GTLA is a statutory chapter
[01:26:30.820 --> 01:26:35.820]  about neglect, injury, and things happen by mistake.
[01:26:35.820 --> 01:26:37.860]  Things happen by mistake.
[01:26:37.860 --> 01:26:41.500]  But when they violate your constitutional rights
[01:26:41.500 --> 01:26:46.500]  and sort things of that sort intentionally,
[01:26:46.540 --> 01:26:48.500]  it doesn't fall underneath that chapter.
[01:26:48.500 --> 01:26:53.500]  It falls up underneath chapter eight in Tennessee,
[01:26:53.740 --> 01:26:57.820]  up underneath sheriff's duties or sheriff's bond,
[01:26:57.820 --> 01:26:59.060]  something like that.
[01:26:59.060 --> 01:27:03.420]  So that's the category it falls under.
[01:27:03.420 --> 01:27:05.580]  So now underneath that category,
[01:27:05.580 --> 01:27:09.140]  they don't have 60 days to answer pleading.
[01:27:09.140 --> 01:27:10.420]  They have 30 days.
[01:27:12.220 --> 01:27:17.220]  So on those points, does it go back to default judgment
[01:27:19.620 --> 01:27:21.740]  when I applied for it the first time?
[01:27:21.740 --> 01:27:26.740]  No, no, when you file, if you have filed
[01:27:26.740 --> 01:27:31.740]  for default judgment, has the court ruled on the default?
[01:27:33.220 --> 01:27:34.740]  Yes.
[01:27:34.740 --> 01:27:37.340]  That should get interlocutory appeal.
[01:27:38.540 --> 01:27:43.020]  Yeah, I put that appeal in today.
[01:27:43.020 --> 01:27:46.860]  Okay, don't do anything until you get a response
[01:27:46.860 --> 01:27:48.740]  on the interlocutory appeal,
[01:27:48.740 --> 01:27:51.500]  because that is a dispositive motion.
[01:27:53.420 --> 01:27:57.180]  You get, if you win the default judgment,
[01:27:57.180 --> 01:27:58.740]  then the case is over.
[01:28:00.700 --> 01:28:02.900]  So it would be a waste of time,
[01:28:02.900 --> 01:28:05.380]  the court's time and everybody's time,
[01:28:05.380 --> 01:28:08.860]  to file anything until you get a response on the appeal.
[01:28:10.260 --> 01:28:12.500]  But be working on it and have it ready.
[01:28:12.500 --> 01:28:15.340]  Have your amended pleading ready when you get the,
[01:28:16.700 --> 01:28:19.700]  if you get a negative decision from the court of appeals.
[01:28:20.980 --> 01:28:25.980]  But then I would suggest that you have an amended pleading
[01:28:25.980 --> 01:28:28.020]  and when you do an amended pleading,
[01:28:28.020 --> 01:28:33.020]  don't, I have court, I have court on the 14th and 15th.
[01:28:35.220 --> 01:28:37.540]  I see, we filed an interlocutory appeal,
[01:28:37.540 --> 01:28:42.220]  move the court for a stay or a plea,
[01:28:42.220 --> 01:28:44.540]  file a plea in abatement.
[01:28:44.540 --> 01:28:47.020]  Ask the court to abate the proceedings
[01:28:47.020 --> 01:28:49.580]  until your interlocutory appeal can be heard.
[01:28:52.860 --> 01:28:56.500]  It's inappropriate for them to hear,
[01:28:56.500 --> 01:29:00.860]  to hold a court when there is a dispositive motion
[01:29:00.860 --> 01:29:02.540]  and being appealed.
[01:29:05.500 --> 01:29:07.060]  So how long should this be?
[01:29:08.340 --> 01:29:11.180]  You might petition the court of appeals
[01:29:11.180 --> 01:29:14.820]  and ask the court of appeals for restraining order
[01:29:14.820 --> 01:29:18.820]  against the trial court for many further proceedings.
[01:29:18.820 --> 01:29:21.580]  Did you notice the trial court of the appeal?
[01:29:21.580 --> 01:29:24.580]  Yeah, I filed a notice today.
[01:29:24.580 --> 01:29:28.380]  Okay, they will almost certainly abate,
[01:29:28.380 --> 01:29:33.380]  but you might make up a motion for restraining order
[01:29:34.620 --> 01:29:36.860]  and get both parties to restraining order
[01:29:36.860 --> 01:29:38.980]  and that'll almost certainly stop them.
[01:29:40.020 --> 01:29:42.940]  But this court's not gonna want to buck the court of appeals.
[01:29:42.940 --> 01:29:44.380]  Hang on, going to break,
[01:29:44.380 --> 01:29:47.740]  Randy Kelton, Deborah Stevens, Real Law Radio,
[01:29:47.740 --> 01:29:48.860]  we'll be right back.
[01:29:51.900 --> 01:29:54.580]  We all laughed when cartoonist, Scott Adams,
[01:29:54.580 --> 01:29:56.820]  drew comics of cubicle hell,
[01:29:56.820 --> 01:30:00.260]  but his hero Dilbert now has science to back him up.
[01:30:00.260 --> 01:30:01.580]  I'm Dr. Catherine Albrecht
[01:30:01.580 --> 01:30:03.380]  and I'll be back to tell you the downsides
[01:30:03.380 --> 01:30:05.940]  of the dreaded office cubicle.
[01:30:05.940 --> 01:30:08.260]  Privacy is under attack.
[01:30:08.260 --> 01:30:10.700]  The court is now ready to take action.
[01:30:10.700 --> 01:30:12.820]  The court is now ready to take action.
[01:30:12.820 --> 01:30:14.940]  The court is now ready to take action.
[01:30:14.940 --> 01:30:17.900]  Privacy is under attack.
[01:30:17.900 --> 01:30:19.780]  When you give up data about yourself,
[01:30:19.780 --> 01:30:21.500]  you'll never get it back again.
[01:30:21.500 --> 01:30:23.300]  And once your privacy is gone,
[01:30:23.300 --> 01:30:26.300]  you'll find your freedoms will start to vanish too.
[01:30:26.300 --> 01:30:29.180]  So protect your rights, say no to surveillance
[01:30:29.180 --> 01:30:31.540]  and keep your information to yourself.
[01:30:31.540 --> 01:30:34.060]  Privacy, it's worth hanging on to.
[01:30:34.060 --> 01:30:35.420]  This public service announcement
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[01:30:43.860 --> 01:30:46.540]  Attention managers, a recent study found
[01:30:46.540 --> 01:30:49.580]  that noisy offices slash worker productivity
[01:30:49.580 --> 01:30:51.940]  and reduce their wellbeing by a third.
[01:30:51.940 --> 01:30:54.780]  Open cubicles interfere with workers concentration
[01:30:54.780 --> 01:30:57.380]  and their privacy, leading to insecurity
[01:30:57.380 --> 01:30:59.140]  when others can see what they type
[01:30:59.140 --> 01:31:00.780]  and hear their phone calls.
[01:31:00.780 --> 01:31:03.100]  90% of research reviewed confirmed
[01:31:03.100 --> 01:31:05.700]  that open offices have negative outcomes,
[01:31:05.700 --> 01:31:07.700]  including stress, conflict,
[01:31:07.700 --> 01:31:09.940]  high blood pressure and high turnover.
[01:31:09.940 --> 01:31:12.140]  Management can help by providing quiet,
[01:31:12.140 --> 01:31:14.380]  uninterrupted workspaces for employees
[01:31:14.380 --> 01:31:17.580]  whose jobs require focus and concentration.
[01:31:17.580 --> 01:31:19.780]  Now, if I could just find a quiet place to think,
[01:31:19.780 --> 01:31:23.220]  I'll put that in a memo to the pointy haired boss.
[01:31:23.220 --> 01:31:25.860]  Hi, Dr. Catherine Albrecht, more news and information
[01:31:25.860 --> 01:31:27.580]  at CatherineAlbrecht.com.
[01:31:29.700 --> 01:31:32.860]  This is building seven, a 47 story skyscraper
[01:31:32.860 --> 01:31:35.220]  that fell on the afternoon of September 11th.
[01:31:35.220 --> 01:31:37.060]  The government says that fire brought it down.
[01:31:37.060 --> 01:31:39.940]  However, 1500 architects and engineers
[01:31:39.940 --> 01:31:42.380]  have concluded it was a controlled demolition.
[01:31:42.380 --> 01:31:44.260]  Over 6,000 of my fellow service members
[01:31:44.260 --> 01:31:45.100]  have given their lives.
[01:31:45.100 --> 01:31:47.860]  And thousands of my fellow first responders are dying.
[01:31:47.860 --> 01:31:49.340]  I'm not a conspiracy theorist.
[01:31:49.340 --> 01:31:50.180]  I'm a structural engineer.
[01:31:50.180 --> 01:31:51.700]  I'm a New York City correction officer.
[01:31:51.700 --> 01:31:52.540]  I'm an Air Force pilot.
[01:31:52.540 --> 01:31:54.300]  I'm a father who lost his son.
[01:31:54.300 --> 01:31:56.900]  We're Americans and we deserve the truth.
[01:31:56.900 --> 01:32:00.180]  Go to rememberbuildingseven.org today.
[01:32:00.180 --> 01:32:02.420]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.420 --> 01:32:04.180]  Did your home receive hail or wind damage
[01:32:04.180 --> 01:32:05.380]  from the recent storms?
[01:32:05.380 --> 01:32:07.220]  Come on, we all know the government caused it
[01:32:07.220 --> 01:32:09.860]  with their chem trails, but good luck getting through it.
[01:32:09.860 --> 01:32:10.860]  And them to pay for it.
[01:32:10.860 --> 01:32:13.020]  Okay, I might be kidding about the chem trails,
[01:32:13.020 --> 01:32:14.380]  but I'm serious about your roof.
[01:32:14.380 --> 01:32:15.900]  That's why you have insurance
[01:32:15.900 --> 01:32:17.260]  and Hill Country Home Improvements
[01:32:17.260 --> 01:32:18.660]  can handle the claim for you
[01:32:18.660 --> 01:32:21.020]  with little to no out-of-pocket expense.
[01:32:21.020 --> 01:32:24.020]  And we accept Bitcoin as a multi-year A-plus member
[01:32:24.020 --> 01:32:26.620]  of the Better Business Bureau with zero complaints.
[01:32:26.620 --> 01:32:28.620]  You can trust Hill Country Home Improvements
[01:32:28.620 --> 01:32:31.940]  to handle your claim and your roof right the first time.
[01:32:31.940 --> 01:32:36.180]  Just call 512-992-8745
[01:32:36.180 --> 01:32:38.380]  or go to hillcountryhomeimprovements.com.
[01:32:38.380 --> 01:32:40.740]  Mention the crypto show and get $100 off
[01:32:40.740 --> 01:32:43.780]  and we'll donate another $100 to the Logos Radio Network
[01:32:43.780 --> 01:32:45.340]  to help continue this programming.
[01:32:45.340 --> 01:32:48.140]  So if those out-of-town roofers come knocking,
[01:32:48.140 --> 01:32:50.380]  your door should be locking.
[01:32:50.380 --> 01:32:54.420]  That's 512-992-8745
[01:32:54.420 --> 01:32:56.540]  or hillcountryhomeimprovements.com.
[01:32:56.540 --> 01:32:58.780]  Discounts are based on full roof replacement.
[01:32:58.780 --> 01:33:01.140]  May not actually be kidding about chem trails.
[01:33:02.100 --> 01:33:04.900]  You are listening to the Logos Radio Network.
[01:33:04.900 --> 01:33:09.900]  Logosradionetwork.com.
[01:33:12.580 --> 01:33:14.060]  Yeah, who you want to chip?
[01:33:14.060 --> 01:33:14.900]  Who you take me for?
[01:33:14.900 --> 01:33:16.300]  Free Tully.
[01:33:16.300 --> 01:33:17.300]  Who you want to chip?
[01:33:17.300 --> 01:33:18.300]  Me no free Tully.
[01:33:18.300 --> 01:33:19.900]  You can't chip me.
[01:33:19.900 --> 01:33:21.340]  I'm a fan.
[01:33:21.340 --> 01:33:23.060]  Don't let them chip you in the morning,
[01:33:23.060 --> 01:33:24.260]  chip you in the evening.
[01:33:24.260 --> 01:33:25.740]  Put that chip in your body.
[01:33:27.060 --> 01:33:28.580]  Okay, we are back.
[01:33:28.580 --> 01:33:32.020]  Randy Kelton, Debra Stevens, Real Blonde Radio.
[01:33:32.020 --> 01:33:37.020]  And we're talking to Olivier in Tennessee.
[01:33:38.420 --> 01:33:41.220]  Okay, where were we, Olivier?
[01:33:42.700 --> 01:33:44.820]  Right, so, well,
[01:33:46.620 --> 01:33:47.620]  I understand what you're saying,
[01:33:47.620 --> 01:33:49.900]  but the thing is,
[01:33:52.620 --> 01:33:56.540]  what I feel in that argument,
[01:33:56.540 --> 01:33:59.740]  I had the wrong, I was arguing the wrong chapter.
[01:33:59.740 --> 01:34:04.740]  Do I get to rewrite another argument to the vehicle?
[01:34:04.980 --> 01:34:07.340]  Oh, yeah, yeah, this is a,
[01:34:07.340 --> 01:34:10.020]  an amended pleading is a do-over.
[01:34:11.340 --> 01:34:13.140]  When you amend a pleading,
[01:34:13.140 --> 01:34:16.540]  you don't really amend the old pleading.
[01:34:16.540 --> 01:34:18.220]  You write a new pleading.
[01:34:19.340 --> 01:34:20.180]  Any?
[01:34:20.180 --> 01:34:23.340]  Okay, hold on, hold on, hold on.
[01:34:23.340 --> 01:34:27.500]  Anything that's not included in the amended
[01:34:27.500 --> 01:34:29.500]  is not before the court.
[01:34:29.500 --> 01:34:31.020]  When you file the amended,
[01:34:31.020 --> 01:34:33.460]  the original pleading is garbage.
[01:34:33.460 --> 01:34:35.220]  It's gone.
[01:34:35.220 --> 01:34:38.180]  So make sure you have every claim you want
[01:34:38.180 --> 01:34:39.460]  in the new pleading.
[01:34:40.700 --> 01:34:42.620]  Okay, no, I didn't ask you that question.
[01:34:42.620 --> 01:34:45.060]  I was talking about the appeal.
[01:34:45.060 --> 01:34:47.420]  In the pleading that I'm appealing,
[01:34:47.420 --> 01:34:50.660]  the one that the courts denied.
[01:34:50.660 --> 01:34:51.820]  Yes, okay.
[01:34:51.820 --> 01:34:53.940]  But that one.
[01:34:53.940 --> 01:34:58.940]  Does it, I argued the wrong chapter liability
[01:35:00.260 --> 01:35:02.260]  in underneath the wrong chapter.
[01:35:02.260 --> 01:35:03.780]  Underneath that chapter,
[01:35:03.780 --> 01:35:07.940]  that liability was removed because of negligence.
[01:35:07.940 --> 01:35:11.540]  The one that I should have sued under is under chapter eight.
[01:35:11.540 --> 01:35:13.140]  Okay, okay, no problem.
[01:35:13.140 --> 01:35:15.580]  You filed your appeal.
[01:35:15.580 --> 01:35:16.900]  You have filed it.
[01:35:16.900 --> 01:35:18.540]  This has stopped the court.
[01:35:18.540 --> 01:35:20.860]  Now it gives you time to write an amended
[01:35:20.860 --> 01:35:23.340]  while you're waiting for the court of appeals
[01:35:23.340 --> 01:35:24.740]  to deny your appeal.
[01:35:26.420 --> 01:35:28.540]  And the court of appeals will tell you
[01:35:28.540 --> 01:35:30.500]  why they denied your appeal.
[01:35:30.500 --> 01:35:33.860]  And they'll give you lots of nice case law.
[01:35:33.860 --> 01:35:35.500]  But the thing is, I understand.
[01:35:35.500 --> 01:35:39.500]  I've already obtained all that information
[01:35:39.500 --> 01:35:43.380]  because of the motion to dismiss
[01:35:43.380 --> 01:35:46.580]  that the city wrote.
[01:35:46.580 --> 01:35:49.100]  Hold on, do you have, okay.
[01:35:49.100 --> 01:35:53.100]  Then you can ignore the court of appeals answer response
[01:35:53.100 --> 01:35:54.100]  if you want to.
[01:35:55.940 --> 01:35:58.780]  But the court of appeals will give you
[01:35:58.780 --> 01:36:03.780]  very pertinent current case law.
[01:36:04.740 --> 01:36:07.700]  They'll tell you exactly what's wrong with your pleading.
[01:36:07.700 --> 01:36:10.020]  They'll tell you what you gotta do to fix it.
[01:36:10.900 --> 01:36:11.740]  They're great.
[01:36:11.740 --> 01:36:13.540]  They give you good instruction.
[01:36:13.540 --> 01:36:15.100]  So don't discount them.
[01:36:15.100 --> 01:36:16.900]  Don't think you're smarter than them.
[01:36:18.100 --> 01:36:20.500]  These guys will give you all the good case law
[01:36:20.500 --> 01:36:23.140]  that they will then pay attention to.
[01:36:24.140 --> 01:36:25.060]  Okay.
[01:36:25.060 --> 01:36:26.980]  So when you give them, so this,
[01:36:26.980 --> 01:36:28.340]  while you're waiting for them,
[01:36:28.340 --> 01:36:29.780]  they're gonna deny your appeal.
[01:36:29.780 --> 01:36:31.540]  You don't care.
[01:36:31.540 --> 01:36:35.340]  But this gives you time to construct a good pleading.
[01:36:35.340 --> 01:36:36.940]  As soon as they deny it,
[01:36:37.900 --> 01:36:40.580]  then you come back.
[01:36:40.580 --> 01:36:44.460]  You always file a request with the court
[01:36:44.460 --> 01:36:47.780]  for permission to file an amended pleading,
[01:36:47.780 --> 01:36:49.540]  even if you have a right to.
[01:36:49.540 --> 01:36:51.180]  It's just a courtesy to the court.
[01:36:52.220 --> 01:36:56.660]  And attached to the request
[01:36:56.660 --> 01:37:01.260]  is the amended pleading you intend to file.
[01:37:01.260 --> 01:37:03.380]  And you file them both at one time.
[01:37:03.380 --> 01:37:06.340]  And if the court says, yes, you can file it,
[01:37:06.340 --> 01:37:07.740]  then it's already filed.
[01:37:09.420 --> 01:37:10.980]  And if you have a right to,
[01:37:10.980 --> 01:37:14.460]  if it's your first amended and you have a right to it,
[01:37:14.460 --> 01:37:15.940]  so they have to say yes.
[01:37:15.940 --> 01:37:20.940]  But that's just kind of a protocol.
[01:37:21.540 --> 01:37:23.220]  It's a courtesy of the court.
[01:37:24.220 --> 01:37:26.300]  Okay, when you amend,
[01:37:26.300 --> 01:37:30.300]  I mean, when you appeal, is it a quick process?
[01:37:30.300 --> 01:37:35.300]  No, no, it's only a long process.
[01:37:36.420 --> 01:37:40.060]  But I got court on the 14th and the 15th, and...
[01:37:40.060 --> 01:37:41.740]  They're gonna stop that.
[01:37:41.740 --> 01:37:46.740]  If it's a court, if it's on this case,
[01:37:47.460 --> 01:37:50.500]  you filed an interlocutory appeal, they can't move ahead.
[01:37:53.700 --> 01:37:58.340]  There is no ruling on your motion to dismiss.
[01:37:58.340 --> 01:38:00.140]  So that ruling is not final.
[01:38:02.220 --> 01:38:03.060]  Okay.
[01:38:03.060 --> 01:38:04.900]  Oh, okay.
[01:38:04.900 --> 01:38:06.220]  So, okay, all right, good.
[01:38:06.220 --> 01:38:08.060]  So, all right, now I understand your angle.
[01:38:08.060 --> 01:38:09.060]  I got you.
[01:38:09.060 --> 01:38:10.860]  But I'm gonna continue writing everything
[01:38:10.860 --> 01:38:12.140]  up separately, like I have,
[01:38:12.140 --> 01:38:15.940]  because this is working out very sweet in my favor.
[01:38:15.940 --> 01:38:18.140]  But now that I understand what you're saying,
[01:38:19.420 --> 01:38:24.420]  the errors that I've made in my suit,
[01:38:24.900 --> 01:38:28.900]  I mean, in my complaints that I appealed,
[01:38:28.900 --> 01:38:33.900]  those errors, the appeal court have,
[01:38:35.340 --> 01:38:37.460]  I found case law from the appeal court
[01:38:37.460 --> 01:38:40.300]  that said that those errors should not be treated
[01:38:40.300 --> 01:38:43.460]  as not be challenged against the pro se
[01:38:43.460 --> 01:38:48.460]  and has been sent down, remanded and sent down to court
[01:38:48.820 --> 01:38:51.300]  in the favor of other pro se litigants.
[01:38:52.220 --> 01:38:56.820]  Yeah, but if you have not stated a claim.
[01:38:58.260 --> 01:39:02.900]  I stated a claim, I stated a claim, the thing is.
[01:39:02.900 --> 01:39:05.060]  No, if you stated the wrong claim,
[01:39:05.060 --> 01:39:09.740]  the court has no power to give you remedy
[01:39:09.740 --> 01:39:13.260]  when the other side has a right to immunity.
[01:39:15.140 --> 01:39:17.220]  They don't have, I understand.
[01:39:17.220 --> 01:39:20.580]  But okay, true, I understand what you're saying.
[01:39:20.580 --> 01:39:25.580]  But because when I stated my claim,
[01:39:26.100 --> 01:39:28.180]  I put it in the wrong category.
[01:39:29.100 --> 01:39:32.900]  I put it in the wrong category because I'm not an attorney.
[01:39:32.900 --> 01:39:36.700]  I didn't understand the two differences
[01:39:36.700 --> 01:39:39.980]  of the categories that I put them in.
[01:39:39.980 --> 01:39:44.020]  But as they read the claim, you should be able to see
[01:39:44.020 --> 01:39:49.020]  that I'm going for a suit underneath category chapter eight,
[01:39:49.540 --> 01:39:54.540]  which is for malicious acts committed by deputy,
[01:39:55.980 --> 01:39:57.100]  sheriff, deputy.
[01:39:58.380 --> 01:40:03.380]  So, because I got the dismissal or whatever and or.
[01:40:03.380 --> 01:40:06.780]  Okay, okay, here's what the court can do,
[01:40:06.780 --> 01:40:08.220]  what they might do.
[01:40:09.380 --> 01:40:13.220]  Your pleading is what it is.
[01:40:13.220 --> 01:40:15.860]  It makes no difference what you called it.
[01:40:17.020 --> 01:40:17.860]  Right.
[01:40:17.860 --> 01:40:22.860]  If you raise the claim that rings under intent,
[01:40:25.500 --> 01:40:28.580]  but you called it negligence, doesn't make any difference.
[01:40:28.580 --> 01:40:29.820]  It is what it is.
[01:40:29.820 --> 01:40:32.420]  So they may rule in your favor anyway,
[01:40:32.420 --> 01:40:36.100]  saying that it is what it is.
[01:40:36.100 --> 01:40:41.100]  The complaint actually alleges facts that go to intent,
[01:40:43.860 --> 01:40:46.900]  even though he said he claimed it went to negligence
[01:40:46.900 --> 01:40:49.540]  and they can give it to you under intent.
[01:40:49.540 --> 01:40:50.380]  They can do that.
[01:40:50.380 --> 01:40:53.220]  They probably won't, but they certainly can't.
[01:40:53.220 --> 01:40:57.220]  Yeah, okay, well, all right.
[01:40:57.220 --> 01:41:02.220]  But it's okay because if they deny it, there's no problem.
[01:41:05.180 --> 01:41:08.500]  They will give you lots of good case law when they deny it.
[01:41:08.500 --> 01:41:12.860]  I really like opinions from the court of appeals.
[01:41:12.860 --> 01:41:14.820]  They're generally really well written
[01:41:14.820 --> 01:41:18.380]  and they're using the most current case law.
[01:41:18.380 --> 01:41:20.380]  And you can be certain any case law
[01:41:20.380 --> 01:41:24.540]  the court of appeals uses in their denial,
[01:41:24.540 --> 01:41:27.620]  when you use it in your refiling,
[01:41:27.620 --> 01:41:29.740]  there's going to be no objection to that.
[01:41:31.100 --> 01:41:34.100]  Yeah, well, I find them on the program
[01:41:34.100 --> 01:41:35.740]  that I have on the Google Scholar.
[01:41:35.740 --> 01:41:36.580]  I find them now.
[01:41:37.580 --> 01:41:39.700]  I find them all over the place on Google Scholar
[01:41:39.700 --> 01:41:42.260]  the current time finding.
[01:41:42.260 --> 01:41:46.140]  So that's why I'm thinking maybe,
[01:41:46.140 --> 01:41:48.540]  because I'm going to refile everything,
[01:41:48.540 --> 01:41:50.660]  correct everything, and on the 14th and 15th,
[01:41:50.660 --> 01:41:52.820]  they would have to judge on that.
[01:41:52.820 --> 01:41:54.700]  No, no, okay, don't do anything yet
[01:41:54.700 --> 01:41:58.740]  because everything is stopped because of the appeal.
[01:42:01.660 --> 01:42:03.700]  And that's going to be a couple of months.
[01:42:03.700 --> 01:42:06.180]  Yeah, if not six months.
[01:42:08.220 --> 01:42:10.540]  Can I stop the appeal so that I can move?
[01:42:10.540 --> 01:42:12.740]  Yes, you most certainly can.
[01:42:15.020 --> 01:42:18.420]  You can rescind the appeal anytime you want to
[01:42:18.420 --> 01:42:21.060]  and then just file an amended pleading
[01:42:21.060 --> 01:42:23.700]  and rescind the appeal so you can move the case along.
[01:42:25.620 --> 01:42:27.380]  And the court of appeals will appreciate that
[01:42:27.380 --> 01:42:29.180]  because they don't have to mess with it.
[01:42:32.100 --> 01:42:35.900]  Okay, I need to figure out how to rescind the appeal
[01:42:35.900 --> 01:42:38.460]  because I have all the case law
[01:42:38.460 --> 01:42:40.700]  and they provided everything I need
[01:42:40.700 --> 01:42:44.580]  to recommit appeal, pleading.
[01:42:46.100 --> 01:42:47.780]  I have all the information that I need
[01:42:47.780 --> 01:42:49.420]  to answer them already.
[01:42:49.420 --> 01:42:51.660]  Okay, there's no special language
[01:42:51.660 --> 01:42:55.340]  that you need to send to the court of appeals.
[01:42:55.340 --> 01:42:57.140]  You just send the court of appeals
[01:42:57.140 --> 01:43:02.140]  in a motion to strike your appeal
[01:43:06.420 --> 01:43:11.420]  as the argument of defendant is well taken
[01:43:11.420 --> 01:43:15.020]  and you feel it would be a waste of the appeal court time
[01:43:15.020 --> 01:43:16.700]  to pursue this appeal at this time
[01:43:16.700 --> 01:43:20.060]  that you were in the process of filing an amended pleading
[01:43:20.060 --> 01:43:24.100]  to correct the errors that you found in your case.
[01:43:24.100 --> 01:43:27.540]  And they're going to say, cool, that's great.
[01:43:27.540 --> 01:43:29.180]  I don't have to mess with it.
[01:43:29.180 --> 01:43:30.620]  They go on to other business.
[01:43:31.900 --> 01:43:33.540]  We have the right to rescind that appeal.
[01:43:33.540 --> 01:43:34.860]  That's not a question.
[01:43:34.860 --> 01:43:36.700]  You don't ask them if you can,
[01:43:36.700 --> 01:43:38.300]  you just tell them that you are.
[01:43:40.580 --> 01:43:41.500]  The circuit court.
[01:43:41.500 --> 01:43:44.100]  Wait, I didn't get that last set.
[01:43:46.180 --> 01:43:47.620]  Okay, hang on, about to go to break.
[01:43:47.620 --> 01:43:50.900]  Randy Kelton, Debra Steven, Derobe La Radio,
[01:43:50.900 --> 01:43:52.020]  we'll be right back.
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[01:46:01.260 --> 01:46:06.260]  Hello, oh man, in jail, you're broken, oh man, I'm broken.
[01:46:23.900 --> 01:46:28.100]  Something in this world I will never understand.
[01:46:28.100 --> 01:46:32.300]  I realize foolish.
[01:46:32.300 --> 01:46:36.580]  Somebody's gonna police that policeman.
[01:46:36.580 --> 01:46:40.860]  Somebody's gonna police the bully.
[01:46:40.860 --> 01:46:45.380]  There's always a room at the top of the hill.
[01:46:45.380 --> 01:46:46.900]  Hey Kay, we are back.
[01:46:46.900 --> 01:46:49.260]  We're in Kelton, Deborah Stevens, Rule of Law Radio
[01:46:49.260 --> 01:46:50.540]  and I apologize that at the end,
[01:46:50.540 --> 01:46:51.660]  I thought it was off the air.
[01:46:51.660 --> 01:46:55.100]  We had someone in the studio kind of making some noise
[01:46:55.100 --> 01:46:57.860]  and they don't realize any background noise
[01:46:57.860 --> 01:47:01.300]  when you're on a mic really booms in the mic.
[01:47:01.300 --> 01:47:03.020]  And if you're in the room,
[01:47:03.020 --> 01:47:05.220]  it sounds like the person's voice is louder
[01:47:05.220 --> 01:47:06.540]  than any noise you're making,
[01:47:06.540 --> 01:47:10.740]  but there's something about noises
[01:47:10.740 --> 01:47:13.020]  that the mic really picks up.
[01:47:13.020 --> 01:47:18.020]  Anyway, back to Olivier in Texas, Texas, Tennessee.
[01:47:22.340 --> 01:47:27.340]  The motion, the strike, that's applied to the second court
[01:47:27.340 --> 01:47:29.340]  or do I supply that to the second court?
[01:47:30.260 --> 01:47:32.500]  No, you send that to the court on appeals.
[01:47:36.180 --> 01:47:39.580]  So I filed a notice of appeal in the circuit court.
[01:47:40.820 --> 01:47:44.260]  Yes, but you filed a notice of appeal in the circuit court
[01:47:44.260 --> 01:47:48.380]  and, oh wait a minute, did you file the actual appeal
[01:47:48.380 --> 01:47:50.740]  or just notice of appeal?
[01:47:50.740 --> 01:47:52.140]  Just notice.
[01:47:52.140 --> 01:47:54.620]  Okay, then you haven't filed the appeal yet.
[01:47:56.100 --> 01:47:57.060]  Okay.
[01:47:57.060 --> 01:47:58.580]  So you filed the notice of appeal
[01:47:58.580 --> 01:48:01.540]  and then you generally have 60 days to file your appeal.
[01:48:02.540 --> 01:48:06.980]  So just send a notice to the clerk of the court of appeals
[01:48:06.980 --> 01:48:10.140]  rescinding the notice of appeal
[01:48:10.140 --> 01:48:11.620]  so that they send all the records.
[01:48:11.620 --> 01:48:14.500]  See, all of the records now have been sent
[01:48:14.500 --> 01:48:15.740]  to the court of appeals.
[01:48:15.740 --> 01:48:17.740]  This court can't have a hearing
[01:48:17.740 --> 01:48:19.620]  because they don't have any records.
[01:48:22.220 --> 01:48:24.660]  If everything had to go to the court of appeals,
[01:48:24.660 --> 01:48:27.860]  if you rescind that, then they send it back
[01:48:27.860 --> 01:48:31.340]  and then you file a amended.
[01:48:34.980 --> 01:48:37.860]  I would suggest you file the amended first
[01:48:39.340 --> 01:48:44.340]  and then file the notice to rescind the appeal
[01:48:46.620 --> 01:48:49.780]  because that way they don't get to try to sneak a hearing in
[01:48:49.780 --> 01:48:52.180]  before you can get your amended pleading in.
[01:48:52.180 --> 01:48:57.180]  No, I have that, that's already established.
[01:48:58.220 --> 01:49:00.060]  I've got that, I'm ready for it.
[01:49:00.060 --> 01:49:02.580]  Okay, then just go file the amended appeal,
[01:49:02.580 --> 01:49:06.020]  the amended plea and then send a notice
[01:49:06.020 --> 01:49:09.020]  to the court of appeals rescinding your appeal.
[01:49:10.940 --> 01:49:13.740]  Rescinding, can I go to the court of appeal myself
[01:49:13.740 --> 01:49:16.780]  because I want to make sure this is ready.
[01:49:16.780 --> 01:49:21.180]  Okay, because this is playing out to my favor
[01:49:21.180 --> 01:49:24.220]  because I've got all this information
[01:49:24.220 --> 01:49:27.300]  to counter that, to trump their arguments
[01:49:27.300 --> 01:49:29.620]  because now I understand
[01:49:29.620 --> 01:49:33.660]  how the statutory differences are made.
[01:49:33.660 --> 01:49:36.940]  So now that we understand that,
[01:49:36.940 --> 01:49:38.420]  now that we know that they-
[01:49:38.420 --> 01:49:42.500]  Okay, understand, that is exactly why they do it this way.
[01:49:44.100 --> 01:49:47.460]  When they file a motion to dismiss,
[01:49:47.460 --> 01:49:50.420]  that's why you get a right to appeal
[01:49:50.420 --> 01:49:52.700]  because they're gonna, in their motion to dismiss,
[01:49:52.700 --> 01:49:55.380]  they're gonna tell you how you screwed up
[01:49:55.380 --> 01:49:56.900]  and you get to look at it and say,
[01:49:56.900 --> 01:49:59.980]  oh, okay, this is how I screwed up, now I get to fix it.
[01:49:59.980 --> 01:50:02.820]  So this is exactly how it should work.
[01:50:04.260 --> 01:50:08.260]  Okay, so, and then, so that's why I'm saying
[01:50:08.260 --> 01:50:10.540]  I want to get rid of what I did today
[01:50:10.540 --> 01:50:14.540]  because once I do that, if they deny that,
[01:50:14.540 --> 01:50:18.500]  all that information is included in what they denied
[01:50:18.500 --> 01:50:19.980]  and I can appeal that one.
[01:50:19.980 --> 01:50:20.820]  And I know that-
[01:50:20.820 --> 01:50:22.460]  No, they can't do anything now.
[01:50:22.460 --> 01:50:24.460]  You gave a notice of appeal.
[01:50:24.460 --> 01:50:27.420]  When the district, the circuit court
[01:50:27.420 --> 01:50:30.940]  gets a notice of intent to appeal,
[01:50:30.940 --> 01:50:33.660]  the clerk will take all of the documents in the case
[01:50:33.660 --> 01:50:35.540]  and send it to the court of appeals.
[01:50:37.460 --> 01:50:41.180]  Now this court loses jurisdiction immediately.
[01:50:42.260 --> 01:50:45.180]  Well, I filed it around four o'clock this evening.
[01:50:45.180 --> 01:50:49.700]  Can I go to the courts tomorrow morning and ask-
[01:50:49.700 --> 01:50:53.420]  Yes, yes, they probably haven't sent it in yet.
[01:50:53.420 --> 01:50:54.460]  Yeah.
[01:50:54.460 --> 01:50:57.300]  So go in and we send it here
[01:50:57.300 --> 01:51:00.660]  because they haven't sent anything to the other court yet
[01:51:00.660 --> 01:51:04.300]  and just give them the amended pleading instead.
[01:51:04.300 --> 01:51:05.820]  Okay.
[01:51:05.820 --> 01:51:08.940]  All right, so now that we got everything
[01:51:08.940 --> 01:51:11.260]  up underneath the proper category
[01:51:11.260 --> 01:51:13.420]  and the actual time limit
[01:51:13.420 --> 01:51:17.580]  and they did not answer the complaint in the time limit
[01:51:17.580 --> 01:51:21.260]  that was allowed in that category
[01:51:21.260 --> 01:51:25.220]  underneath the tort category that Tennessee provides.
[01:51:26.020 --> 01:51:27.740]  Is that, now do we go-
[01:51:27.740 --> 01:51:28.700]  Wait a minute, wait a minute.
[01:51:28.700 --> 01:51:30.580]  If they filed a motion to dismiss,
[01:51:30.580 --> 01:51:32.340]  they don't have to file an answer.
[01:51:33.620 --> 01:51:34.940]  No, listen.
[01:51:34.940 --> 01:51:38.300]  Yes, they did file the motion to dismiss, right?
[01:51:38.300 --> 01:51:40.540]  Did they file the motion to dismiss
[01:51:40.540 --> 01:51:44.740]  within the time limit for filing the answer?
[01:51:44.740 --> 01:51:49.740]  Within the wrong category that I alleged,
[01:51:50.860 --> 01:51:53.700]  now that I correct the complaint,
[01:51:53.700 --> 01:51:56.300]  the right category is 30 days.
[01:51:56.300 --> 01:52:01.300]  They did not turn in that motion to dismiss within 30 days.
[01:52:02.380 --> 01:52:06.100]  Okay, well, in the category that it was in,
[01:52:06.100 --> 01:52:08.060]  did they get it in in time?
[01:52:10.420 --> 01:52:11.500]  Yes.
[01:52:11.500 --> 01:52:12.500]  Did they're okay?
[01:52:12.500 --> 01:52:15.780]  That's not something you can argue.
[01:52:19.140 --> 01:52:22.420]  So now they have another 30 days to answer my complaint?
[01:52:22.420 --> 01:52:23.260]  Yes.
[01:52:23.260 --> 01:52:25.220]  Answer my motion?
[01:52:25.220 --> 01:52:26.060]  Yes.
[01:52:29.060 --> 01:52:31.420]  Yeah, so they were timely and now they'll get,
[01:52:31.420 --> 01:52:35.220]  once you've refiled in, the clock starts on an answer again.
[01:52:37.500 --> 01:52:40.420]  Okay, and so-
[01:52:40.420 --> 01:52:43.500]  Wait a minute, technically on an amended pleading,
[01:52:43.500 --> 01:52:45.140]  they don't have to answer.
[01:52:47.300 --> 01:52:49.940]  They should, but they don't have to.
[01:52:49.940 --> 01:52:52.060]  They only have to answer the original.
[01:52:53.580 --> 01:52:56.820]  And if they don't answer the amended,
[01:52:56.820 --> 01:53:01.820]  then it's assumed that they deny all your claims.
[01:53:03.820 --> 01:53:07.500]  The problem is, is there are certain kinds of claims
[01:53:07.500 --> 01:53:10.300]  that must be denied with specificity.
[01:53:11.980 --> 01:53:15.420]  So while they're not required,
[01:53:15.420 --> 01:53:17.540]  well, you can't get a default against them
[01:53:17.540 --> 01:53:19.420]  for not answering the amended.
[01:53:20.500 --> 01:53:23.900]  You can get, you can't get default judgment,
[01:53:23.900 --> 01:53:26.060]  but you may get summary judgment.
[01:53:29.380 --> 01:53:33.260]  If you have claims that the rules say
[01:53:33.260 --> 01:53:38.260]  must be denied with specificity
[01:53:38.740 --> 01:53:41.900]  or must be denied under oath,
[01:53:43.580 --> 01:53:46.820]  they'll have to deny those or they admit them.
[01:53:46.820 --> 01:53:48.100]  And you can look in your rules
[01:53:48.100 --> 01:53:50.220]  and there'll be a section that tells
[01:53:50.220 --> 01:53:53.740]  what kinds of claims must be,
[01:53:53.740 --> 01:53:56.420]  affirmative defenses must be made under oath.
[01:53:57.740 --> 01:54:00.780]  And if they, yeah, so if they don't answer
[01:54:00.780 --> 01:54:02.100]  and don't make those under oath,
[01:54:02.100 --> 01:54:05.460]  then you can move for summary judgment, not default.
[01:54:07.660 --> 01:54:08.660]  Let me, let me back up
[01:54:08.660 --> 01:54:10.700]  and give a little bit of explanation of that.
[01:54:10.700 --> 01:54:14.700]  If like in Texas, you got the Monday after the 21st day,
[01:54:15.900 --> 01:54:20.140]  say the guy don't get an answer in in time.
[01:54:20.140 --> 01:54:23.220]  So I'm preparing my default judgment.
[01:54:23.220 --> 01:54:27.260]  And five days later, he gets an answer in
[01:54:27.260 --> 01:54:30.260]  before I get my motion for default judgment in.
[01:54:30.260 --> 01:54:33.340]  Now I can no longer get a default judgment.
[01:54:34.380 --> 01:54:36.580]  But what I can do is just change it
[01:54:36.580 --> 01:54:38.420]  to a motion for summary judgment.
[01:54:40.580 --> 01:54:41.820]  It's a technical thing.
[01:54:41.820 --> 01:54:46.260]  It's the same thing, but since he filed an answer,
[01:54:46.260 --> 01:54:50.580]  then I say in the motion for summary judgment,
[01:54:50.580 --> 01:54:55.300]  I say ask the court to strike his answer as undimely.
[01:54:56.860 --> 01:54:59.020]  The only way you can get a default judgment
[01:54:59.020 --> 01:55:01.500]  is no answer.
[01:55:03.300 --> 01:55:05.580]  So if he files, gets his answer in
[01:55:05.580 --> 01:55:08.700]  before you get your default judgment in,
[01:55:08.700 --> 01:55:12.860]  or even after, before he gets to the hearing,
[01:55:12.860 --> 01:55:17.380]  then the default is negated.
[01:55:17.380 --> 01:55:19.380]  And now you have to file a summary judgment.
[01:55:19.380 --> 01:55:22.860]  So in this case, since it's an amended pleading,
[01:55:22.860 --> 01:55:25.860]  if they don't answer, then you move for summary judgment.
[01:55:26.820 --> 01:55:28.660]  I know that's probably not where you're going now,
[01:55:28.660 --> 01:55:31.260]  but that may come up, and you need to be ready for it.
[01:55:31.260 --> 01:55:32.340]  Okay.
[01:55:32.340 --> 01:55:36.460]  Could I file a summary judgment at the same time
[01:55:36.460 --> 01:55:41.460]  as I'm filing for the amended pleading
[01:55:42.820 --> 01:55:46.420]  and the answer to the motion to dismiss?
[01:55:47.780 --> 01:55:48.620]  Because the motion-
[01:55:48.620 --> 01:55:51.020]  No, no, because the motion to dismiss
[01:55:51.020 --> 01:55:55.060]  was a motion to dismiss the primary suit.
[01:55:55.060 --> 01:55:57.220]  Once you file an amended pleading,
[01:55:57.220 --> 01:55:59.700]  the primary suit goes into the garbage.
[01:56:00.860 --> 01:56:02.420]  Oh, nice.
[01:56:02.420 --> 01:56:03.420]  Oh, sweet.
[01:56:03.420 --> 01:56:05.300]  All right, understood.
[01:56:05.300 --> 01:56:09.700]  Yeah, everything you want must be in this amended.
[01:56:11.020 --> 01:56:13.500]  So that's why I say it's not really an amended,
[01:56:13.500 --> 01:56:14.940]  it's a new suit.
[01:56:16.740 --> 01:56:18.780]  And I've seen lawyers screw that up,
[01:56:18.780 --> 01:56:20.220]  and they ought to know better.
[01:56:21.540 --> 01:56:23.620]  Where they just amended the suit
[01:56:23.620 --> 01:56:26.420]  and just put in the stuff they needed to change.
[01:56:26.420 --> 01:56:27.660]  No, no, no, no.
[01:56:27.660 --> 01:56:30.820]  You got to put in everything you want in this new one,
[01:56:30.820 --> 01:56:32.620]  because the first one is negated.
[01:56:32.620 --> 01:56:36.540]  It's no longer before the court.
[01:56:36.540 --> 01:56:39.060]  And their motion to dismiss was based on the first one,
[01:56:39.060 --> 01:56:40.940]  so that doesn't matter anymore.
[01:56:42.100 --> 01:56:43.340]  Okay, okay.
[01:56:43.340 --> 01:56:44.420]  So, cool.
[01:56:44.420 --> 01:56:47.140]  So now I got the winning formula.
[01:56:47.140 --> 01:56:50.340]  They basically gave me all the loopholes
[01:56:50.340 --> 01:56:54.020]  and all the crying methods to use,
[01:56:54.020 --> 01:56:56.180]  and I went and looked it up on Google Startlet,
[01:56:56.180 --> 01:56:58.500]  and I found all the counter answers
[01:56:58.500 --> 01:57:01.140]  from the appellate courts and the Supreme Court.
[01:57:01.140 --> 01:57:03.500]  Does it matter if I got most of the answers
[01:57:03.500 --> 01:57:05.580]  from the Supreme Court of Tennessee?
[01:57:05.580 --> 01:57:08.980]  That is the best place to get your answers.
[01:57:10.140 --> 01:57:14.140]  And if you can put it in in the language of the Supreme,
[01:57:15.020 --> 01:57:16.860]  that's how you do it.
[01:57:16.860 --> 01:57:18.540]  Don't write it yourself.
[01:57:19.740 --> 01:57:22.740]  Use their language, and when the court reads it,
[01:57:22.740 --> 01:57:24.940]  they will recognize what you did.
[01:57:24.940 --> 01:57:29.460]  And that will give this language all the more credence,
[01:57:29.460 --> 01:57:32.060]  because they're not going to want to buck the Supreme.
[01:57:32.940 --> 01:57:35.660]  The attorney wrote a kind of like grievance
[01:57:35.660 --> 01:57:37.340]  on me doing that,
[01:57:38.460 --> 01:57:42.060]  like a motion on his other motions,
[01:57:42.060 --> 01:57:45.420]  saying that I was copying and pasting.
[01:57:48.340 --> 01:57:49.420]  You need to respond.
[01:57:49.420 --> 01:57:51.820]  Absolutely I'm copying and pasting.
[01:57:51.820 --> 01:57:55.460]  Tell them that you're an accomplished plagiarist.
[01:57:55.460 --> 01:57:58.140]  That's a stupid thing for him to put in there.
[01:57:59.100 --> 01:58:00.860]  This guy must be a moron.
[01:58:03.100 --> 01:58:05.580]  If you're not copying and pasting,
[01:58:05.580 --> 01:58:07.660]  you're not doing enough research.
[01:58:09.740 --> 01:58:11.540]  People read my pleadings and they say,
[01:58:11.540 --> 01:58:12.860]  man, this is good.
[01:58:12.860 --> 01:58:14.700]  I say, oh yeah, that's good.
[01:58:14.700 --> 01:58:16.500]  But I don't tell them, I didn't write it.
[01:58:16.500 --> 01:58:18.300]  I just copied and pasted.
[01:58:18.300 --> 01:58:20.540]  I got one more question.
[01:58:20.540 --> 01:58:24.340]  We're out of time, we got 20 seconds.
[01:58:24.340 --> 01:58:26.380]  Call us back tomorrow night, we'll have more time.
[01:58:26.380 --> 01:58:30.460]  This is Randy Kelton, Debra Stevens, Root of Our Radio.
[01:58:30.460 --> 01:58:32.300]  We'll be back tomorrow night at eight o'clock
[01:58:32.300 --> 01:58:34.660]  for our four hour info marathon.
[01:58:34.660 --> 01:58:36.460]  Make sure you listen in.
[01:58:36.460 --> 01:58:39.340]  Thank you all for listening, and good night.
[01:58:39.340 --> 01:58:50.780]  I'm like a stepping phrase, I don't know what my size, I'm dangerous, dangerous.
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