ROL_2014-06-05_16k.timecode

[00:00.000 --> 00:07.980]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.980 --> 00:08.980]  at thelibertybeat.com.
[00:08.980 --> 00:14.220]  I'm Brian Higgin with your Liberty Beat for Thursday, June 5th, 2014.
[00:14.220 --> 00:19.980]  Gold opened today at $1,248, while silver opened at $18.83, and Bitcoin is trending
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[00:52.080 --> 00:56.720]  In the news, the director of the National Security Agency has denied the agency is collecting
[00:56.720 --> 01:00.840]  images of U.S. citizens using facial recognition technology.
[01:00.840 --> 01:05.460]  Admiral Mike Rogers, head of NSA and commander of U.S. Cyber Command, confirmed the agency
[01:05.460 --> 01:10.920]  does use such technology, but stated it was aimed at foreign intelligence and counterterrorism
[01:10.920 --> 01:12.080]  targets.
[01:12.080 --> 01:16.660]  The program was recently revealed by the New York Times and is based on documents provided
[01:16.660 --> 01:18.780]  by whistleblower Edward Snowden.
[01:18.780 --> 01:24.640]  The documents show the NSA intercepted millions of images per day, including some 55,000 facial
[01:24.640 --> 01:29.320]  recognition quality images.
[01:29.320 --> 01:33.920]  The U.S. Secret Service is seeking software capable of identifying influencers on social
[01:33.920 --> 01:37.060]  media sites responsible for setting trends.
[01:37.060 --> 01:41.880]  The agency wants to be able to watch continuously flowing social media data in real time by
[01:41.880 --> 01:46.360]  collecting emotions of Internet users, old Twitter messages, and more.
[01:46.360 --> 01:51.760]  The agency hopes to acquire software sophisticated enough to detect sarcasm or false positives,
[01:51.760 --> 01:57.320]  but also to quantify their social media outreach.
[01:57.320 --> 02:01.520]  California residents have approved a measure that amends the state constitution to force
[02:01.520 --> 02:04.760]  local governments to respond to public records requests.
[02:04.760 --> 02:09.840]  Proposition 42 requires local agencies, ranging from the city council to the school board,
[02:09.840 --> 02:14.520]  to comply with the California Public Records Act, regardless of cost.
[02:14.520 --> 02:18.760]  In 2013, the California state budget included language that would have made compliance with
[02:18.760 --> 02:23.840]  the CBRA optional for local governments, because the governor's office argued that the state
[02:23.840 --> 02:28.160]  was too broke to reimburse local agencies for the costs.
[02:28.160 --> 02:31.880]  Support for the Liberty Beat comes from the Cory Moore Show, live Friday nights, 9 o'clock
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[02:52.320 --> 02:55.960]  This is the Liberty Beat for June 5th, 2014.
[02:55.960 --> 03:15.920]  Check out the website at thelibertybeat.com.
[03:26.960 --> 03:48.920]  Check out the website at thelibertybeat.com.
[03:48.920 --> 04:05.360]  Howdy, howdy.
[04:05.360 --> 04:15.480]  This is Randy Kelton, Deborah Stevens, Rubelblah Radio, on this Thursday, July the 5th, 2014.
[04:15.480 --> 04:23.080]  Okay, today, we'll be taking calls all night, but I'm going to start to show it out with
[04:23.080 --> 04:28.560]  Texas O'Connor's Causes of Action.
[04:28.560 --> 04:34.160]  And it's because I was looking through the causes of action, and for the first time,
[04:34.160 --> 04:38.520]  I read the first part on how to use the book.
[04:38.520 --> 04:43.640]  And frankly, I was surprised at what I found.
[04:43.640 --> 04:52.320]  When using the book, it says that the first thing the lawyer should do is prepare a jury
[04:52.320 --> 04:53.320]  charge.
[04:53.320 --> 04:59.800]  When a lawsuit becomes inevitable, lawyers should begin at the end of the process with
[04:59.800 --> 05:01.360]  the jury charge.
[05:01.360 --> 05:07.080]  The jury charge should be drafted before any other pleading, so the lawyer knows what the
[05:07.080 --> 05:09.640]  ultimate issues are.
[05:09.640 --> 05:14.320]  From there, the lawyer can work backwards to determine what pleadings will support the
[05:14.320 --> 05:15.320]  charge.
[05:15.320 --> 05:21.560]  To be entitled to submit a jury question on an issue, the party must have pleaded the
[05:21.560 --> 05:23.280]  issue.
[05:23.280 --> 05:29.280]  Before drafting a petition or answer, therefore, the lawyer should draft the jury charge, keeping
[05:29.280 --> 05:38.960]  in mind the case's anticipated facts, each claim's elements, the potential remedies,
[05:38.960 --> 05:41.440]  and possible defenses.
[05:41.440 --> 05:51.400]  Each chapter of this book contains a subject, and I had read that a long time ago, and somehow
[05:51.400 --> 05:55.080]  my brain missed it.
[05:55.080 --> 06:05.440]  It just kind of slipped right past, but in reading that, it is absolutely so reasonable
[06:05.440 --> 06:14.600]  that it absolutely makes sense that that should be the first thing that we do, is to craft
[06:14.600 --> 06:18.240]  the jury charge.
[06:18.240 --> 06:23.520]  One of the primary things that we talk about a lot are the elements of a crime, or the
[06:23.520 --> 06:33.640]  elements of a cause of action, and that's primarily when I go through the book on causes
[06:33.640 --> 06:36.080]  of action.
[06:36.080 --> 06:39.360]  And excuse me, I have a little issue.
[06:39.360 --> 06:46.480]  Deb, if you're listening, can you send me the new caller page login?
[06:46.480 --> 06:54.560]  I'm traveling today, I'm in San Diego, California, so I'm using a different computer today, so
[06:54.560 --> 07:02.880]  if I seem a little distracted or don't hear the bumpy music, it's all my fault, because
[07:02.880 --> 07:06.000]  I didn't prepare before the show.
[07:06.000 --> 07:17.080]  But anyway, I found that most interesting, and in the future, as we do these shows, I
[07:17.080 --> 07:27.880]  am definitely going to work on that, so that we kind of get that integrated into everything
[07:27.880 --> 07:28.880]  that we do.
[07:28.880 --> 07:34.720]  If you can hear me typing, I'm trying to log into this page, I should already be logged
[07:34.720 --> 07:35.720]  in on.
[07:35.720 --> 07:48.920]  Getting old sucks, you can't multitask anymore, and I've been here in San Diego, and I'm having
[07:48.920 --> 07:54.360]  these, I had a problem all day, I was out on the beach, and it was tough.
[07:54.360 --> 07:58.760]  I couldn't catch a single bikini.
[07:58.760 --> 08:01.200]  It's tough when you get old.
[08:01.200 --> 08:08.240]  Anyway, enough humor, until the call boards are open, and until we start getting some
[08:08.240 --> 08:21.600]  calls in, I did want to kind of go over some of the stuff from McClellan Publishing, O'Connor's
[08:21.600 --> 08:31.880]  Texas Causes of Action, if you are going to try to represent a case by yourself, or even
[08:31.880 --> 08:40.680]  if you're going to hire a lawyer, you really should know what to expect the lawyer to do
[08:40.680 --> 08:48.280]  for you, and absolutely the first thing you should do, even before you read Causes of
[08:48.280 --> 08:59.800]  Action or Texas Civil Trials, is go to logo3unetwork.com and get Jurisdictionary.
[08:59.800 --> 09:12.000]  If you haven't been through Jurisdictionary, by all means go through Jurisdictionary.
[09:12.000 --> 09:21.680]  It will give you the background to be able to understand what you're going to read in
[09:21.680 --> 09:28.440]  Texas Causes of Action and Texas Rules of Civil Trials.
[09:28.440 --> 09:41.900]  If you are in a criminal case, then you will need Texas Annotated Penal Code and Texas
[09:41.900 --> 09:46.160]  Annotated Code of Criminal Procedure, I say annotated.
[09:46.160 --> 09:56.600]  That means that it has all of the case law incorporated, for each statute or each code
[09:56.600 --> 10:00.680]  it will have the annotations.
[10:00.680 --> 10:10.240]  You can find the case law that goes along with whatever it is you're working on.
[10:10.240 --> 10:21.560]  If O'Connor's has it all, the way I suggest you get it is that you call a couple law offices.
[10:21.560 --> 10:23.880]  Lawyers need the latest case law.
[10:23.880 --> 10:30.560]  They probably don't need it, but they look like chumps if they don't have it.
[10:30.560 --> 10:33.320]  What you should do is call a few law firms.
[10:33.320 --> 10:44.840]  I had someone in Amarillo who was trying to handle a case herself and she said she was
[10:44.840 --> 10:45.840]  homeschooling your children.
[10:45.840 --> 10:48.800]  I thought that was a great idea.
[10:48.800 --> 10:54.080]  Call the lawyer, tell them that you're homeschooling your children and that you want to kind of
[10:54.080 --> 11:04.600]  give them an idea of how the law works and ask the lawyer if he has any old case law
[11:04.600 --> 11:11.400]  around, any old litigation guides.
[11:11.400 --> 11:24.040]  Generally, the lawyers, we buy new ones every year, so they'll have these old ones laying
[11:24.040 --> 11:27.280]  around and they're too lazy to ever carry them out.
[11:27.280 --> 11:28.760]  This woman made a couple of calls.
[11:28.760 --> 11:36.440]  She said the second law firm that she called, the guy said, do you have a station wagon
[11:36.440 --> 11:40.480]  or a pickup truck?
[11:40.480 --> 11:49.160]  Because he had all of these litigation guides hanging around his office that he absolutely
[11:49.160 --> 11:55.960]  did not want his lawyers using because he buys new ones every year and pays a lot of
[11:55.960 --> 11:58.400]  money for them.
[11:58.400 --> 12:06.560]  He wants the lawyer using the new one because it's going to quote all the latest case law.
[12:06.560 --> 12:14.040]  You ask a few lawyers, Eddie Craig got a whole truckload, but you get all of the litigation
[12:14.040 --> 12:24.600]  guides that you need and then when you never, ever craft a motion or pleading from scratch,
[12:24.600 --> 12:35.080]  really, really bad idea because the judges are accustomed to getting documents that are
[12:35.080 --> 12:39.400]  developed from the litigation guides.
[12:39.400 --> 12:46.120]  So they'll all have all the sections exactly where the judge expects to see it.
[12:46.120 --> 12:53.640]  They will have the case law that the judge has seen a hundred times.
[12:53.640 --> 12:57.440]  For the same issues, he'll see the same case law.
[12:57.440 --> 13:03.220]  The only thing that will be different will be that section of the motion or pleading
[13:03.220 --> 13:06.800]  that is peculiar to your case.
[13:06.800 --> 13:14.680]  You give a lawyer, a judge a motion with 20 cases he's never seen, do you really believe
[13:14.680 --> 13:17.920]  he's going to read those cases?
[13:17.920 --> 13:24.640]  He is not going to be happy and the most likely thing he's going to do is deny it out of hand.
[13:24.640 --> 13:33.200]  Okay, that may not be right, but that's how it works in the world you and I live in.
[13:33.200 --> 13:41.400]  And if we don't want the judge to rule against us out of hand, out of frustration or overwork
[13:41.400 --> 13:48.480]  or just pure annoyance that somebody would give him such a document, then we need to
[13:48.480 --> 13:53.840]  craft every document from the litigation guides.
[13:53.840 --> 14:00.000]  And if you do that, one of the things that will help you do is be sure that you get all
[14:00.000 --> 14:04.120]  the elements, that you argue all the elements.
[14:04.120 --> 14:14.680]  And when you craft a document, if you're addressing a statute or a cause of action, make sure
[14:14.680 --> 14:23.480]  you get either something that will show you preferably for a statute, you get the annotated
[14:23.480 --> 14:24.480]  statutes.
[14:24.480 --> 14:32.840]  They'll list all of the elements, but in the annotation section, for each of the elements
[14:32.840 --> 14:41.440]  it will list case law that explains what constitutes the element, how to establish the element,
[14:41.440 --> 14:46.960]  how to argue in favor of the element and how to argue against the element or against the
[14:46.960 --> 14:50.960]  evidence in support of the element.
[14:50.960 --> 15:01.880]  That way you can hone your plagiarist skills and for the most part, cut and paste.
[15:01.880 --> 15:09.000]  The only thing that you may have to research and write yourself will be that part that
[15:09.000 --> 15:14.080]  goes specifically to your particular circumstances.
[15:14.080 --> 15:20.160]  This is probably the best advice we can give on how to write pleadings.
[15:20.160 --> 15:25.880]  It will save you an incredible amount of time and it will get pleadings in front of the
[15:25.880 --> 15:30.280]  court that the court will recognize.
[15:30.280 --> 15:39.720]  This is my opinion, but it is my opinion that it is very important that the judge have no
[15:39.720 --> 15:48.480]  way to tell that the pleading was not produced by a lawyer other than not seeing a lawyer's
[15:48.480 --> 15:55.400]  name at the bottom of the pleading.
[15:55.400 --> 16:02.920]  Make sure you get a litigation guide or every state will have a different set of litigation
[16:02.920 --> 16:07.720]  guides.
[16:07.720 --> 16:18.560]  Make sure you hear the most highly used is O'Connor's, we also have Desartio's, but
[16:18.560 --> 16:29.280]  if you're in California here, O'Connor's has developed two pieces of the litigation
[16:29.280 --> 16:33.040]  guide for California, but they're not complete yet.
[16:33.040 --> 16:40.560]  There are other litigation guides here in California, every state is going to have their
[16:40.560 --> 16:41.560]  own.
[16:41.560 --> 16:49.600]  Make sure you write your pleadings from some format that the judge will understand.
[16:49.600 --> 16:54.640]  We're about to go to break, but my clock is not working so I may fall off the cliff
[16:54.640 --> 16:55.640]  on the outro.
[16:55.640 --> 17:00.720]  This is Randy Kelton, Devin Stevens, ruling La Radio.
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[19:00.000 --> 19:17.320]  You are listening to the Logos Radio Network, l-l-l-LogosRadioNetwork.com.
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[19:47.320 --> 19:53.760]  Okay, we are back. Randy Kelton, Deborah Stevens, root of our radio, and I hope I have all of
[19:53.760 --> 20:00.160]  my issues handled. I was trying to do two or three things and talk at the same time
[20:00.160 --> 20:10.680]  and I am not very good at it. Okay. Jury charge. Jury charge first thing. And then the second
[20:10.680 --> 20:18.720]  thing you prepare is the discovery checklist. And this made so much sense it annoyed me
[20:18.720 --> 20:27.240]  that I haven't figured it out or came across it before. You start at the end because at
[20:27.240 --> 20:36.640]  the end you are going to tell the jury what they have to consider. These are the elements,
[20:36.640 --> 20:43.400]  either the elements of the crime or the elements of the causes of action. Did they prove each
[20:43.400 --> 20:51.120]  one of those elements? So you are going to ask the jury that right at the end. Or if
[20:51.120 --> 20:59.480]  you are the plaintiff then you will show the jury how you proved each one of the elements.
[20:59.480 --> 21:03.920]  Now you know you are going to do that at the end. Now you know where you have to end up.
[21:03.920 --> 21:12.880]  In order to get there you need to develop a discovery checklist. What information are
[21:12.880 --> 21:23.080]  you going to need to prove up the elements of the claim? Now on the internet I see a
[21:23.080 --> 21:32.200]  lot of documents purporting to be qualified written requests when in fact the documents
[21:32.200 --> 21:39.960]  are merely just demands for discovery. It's a qualified written request. This is for those
[21:39.960 --> 21:47.840]  of you who aren't aware of what that is. In a foreclosure issue, in a mortgage issue anytime
[21:47.840 --> 21:59.800]  there is a, if you have a concern about an accounting issue then you send a letter to
[21:59.800 --> 22:11.040]  the servicer demanding, stating what the accounting issue is and demanding that the servicer either
[22:11.040 --> 22:20.800]  explain the charges or correct the accounting error. That's what makes it a qualified written
[22:20.800 --> 22:26.260]  request. If it doesn't have that claim of an accounting error in there then it is not
[22:26.260 --> 22:34.240]  a qualified written request. It's simply a request for discovery. In Texas there is precedent,
[22:34.240 --> 22:41.400]  there is law that allows you to claim pre-litigation discovery or discovery for the purpose of
[22:41.400 --> 22:49.920]  preserving evidence. I think that's rule 241 civil procedure. But otherwise you have
[22:49.920 --> 22:55.960]  no authority to request discovery, especially if you're requesting discovery of somebody
[22:55.960 --> 23:03.840]  in another state, then the state pre-litigation discovery doesn't apply. There is an option
[23:03.840 --> 23:12.200]  for pre-litigation discovery in the Fed but that's strictly at the discretion of the court.
[23:12.200 --> 23:22.760]  You have to ask the court to allow it. So back to what discovery actually is. These
[23:22.760 --> 23:32.680]  documents that I see ask for everything and when I read through them, when I was looking
[23:32.680 --> 23:37.960]  at them I was looking wondering why are they asking for all this? How are they going to
[23:37.960 --> 23:51.040]  use it in their case? Now they appear to be produced by pro se researchers and the problem
[23:51.040 --> 23:58.880]  all of us pro se's have and I certainly include myself in that group is we did not for the
[23:58.880 --> 24:08.160]  most part go through the formal legal training. The formal legal training that gives us a
[24:08.160 --> 24:17.440]  wide spectrum of general knowledge about law. We're pro se researchers and we tend to only
[24:17.440 --> 24:25.720]  research that which appears to be important to us or important to a specific issue. We
[24:25.720 --> 24:36.160]  tend not to be so good at going back to the beginning and learning, teaching ourselves
[24:36.160 --> 24:45.480]  how law works, what the preferred practices are. We just tend to kind of make them up
[24:45.480 --> 24:53.800]  as we go along and then we get real excited when the judge throws us out of court. When
[24:53.800 --> 24:58.680]  we file a qualified written request and the lender doesn't answer it and we raise an issue
[24:58.680 --> 25:04.840]  the judge says who cares? Judges don't care if you didn't answer it because there was
[25:04.840 --> 25:13.960]  no duty and you couldn't show any reason to develop the evidence. You could not show
[25:13.960 --> 25:21.760]  relevance. So in order to be able to show relevance first thing we do is the pattern
[25:21.760 --> 25:32.200]  jury charge. What are we going to ask the jury to look at in the final analysis? Elements
[25:32.200 --> 25:41.560]  of the case and what evidence have we put in to prove that evidence? Anything else is
[25:41.560 --> 25:51.360]  superfluous. Waste of time and no value to us toward the adjudication of our issue. So
[25:51.360 --> 26:04.280]  first thing pattern jury charge. Second thing is a discovery checklist and now from there
[26:04.280 --> 26:14.800]  I'm going to go to some causes of action and I want to go to these because they help you
[26:14.800 --> 26:25.200]  understand how causes of action should or legal claims should be structured. I was reading
[26:25.200 --> 26:32.800]  assault and some of these cases I found some interesting issues in these. I would suggest
[26:32.800 --> 26:44.440]  to anybody who is contemplating a case before a court in any state to if it is a criminal
[26:44.440 --> 26:53.240]  case make sure you get the annotated penal code and annotated code of criminal procedure
[26:53.240 --> 27:01.480]  for your state. Search and see if you can find a litigation guide for criminal in your
[27:01.480 --> 27:09.960]  case and follow the litigation guide. Most litigation guides will have standard forms
[27:09.960 --> 27:20.400]  for the most part to fill in the blanks. I'm working on this electronic lawyer who will
[27:20.400 --> 27:25.280]  ask questions and then fill in the blanks for you but it's not quite ready yet. So
[27:25.280 --> 27:32.040]  until I get that then find the forms for whatever motion or pleading that you want to file or
[27:32.040 --> 27:40.400]  whatever case you want to file. They have pleading forms so you can take a blank pleading
[27:40.400 --> 27:46.400]  and just fill in the blanks on it. That way your pleading comes up in a structure that
[27:46.400 --> 27:52.140]  the judge will recognize and be comfortable reading so he doesn't have to waste a lot
[27:52.140 --> 28:00.080]  of his time figuring out the stuff that's standard. If he sees what he's always seen
[28:00.080 --> 28:03.760]  he won't have to read the whole thing. If he sees cases he's always read. He won't
[28:03.760 --> 28:08.240]  have to read the cases and be sure that what you're quoting is accurate. He can just go
[28:08.240 --> 28:16.360]  right down to what he needs to. So do that and then I'm going to read a cause of action
[28:16.360 --> 28:25.960]  for assault. Assault with infliction of bodily injury. In general, outline of elements. The
[28:25.960 --> 28:35.240]  elements of the cause of action for assault by infliction of bodily injury are the following.
[28:35.240 --> 28:43.440]  The defendant acted intentionally, knowingly or recklessly. The defendant made contact
[28:43.440 --> 28:50.760]  with plaintiff's person. The defendant's contact caused bodily injury to the plaintiff.
[28:50.760 --> 28:58.040]  I'm going to read now some of the commentaries. The elements can be found in the following
[28:58.040 --> 29:10.120]  Texas Penal Code 2201A. Elements. 2201 is simple assault. Jury charge. The Texas pattern jury
[29:10.120 --> 29:14.800]  charges can be found in the following Texas pattern jury charges. General negligence.
[29:14.800 --> 29:20.440]  Intentional personal torts. Texas pattern jury charges for malpractice. I probably should
[29:20.440 --> 29:25.280]  have cut a lot of this out before I started reading you on there. For a charge in an assault
[29:25.280 --> 29:33.240]  case including an instruction on self-defense. Okay. I'm sorry. C, Walmart, B, Odom. For
[29:33.240 --> 29:41.000]  a charge in an assault case including an instruction for self-defense. For a discussion of causation,
[29:41.000 --> 29:49.600]  C, Johnson & Johnson. These are the annotations that are included in the litigation guides.
[29:49.600 --> 29:57.720]  Hang on. This is Randy Kelton, Deborah Stevens. We'll allow radio. Our call in number 512-646-1984.
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[33:11.280 --> 33:26.680]  Yes, Mr. Officer, you've taken the law in your hand. Won't you follow the law of the
[33:26.680 --> 33:42.080]  law? Yes, Mr. Officer, you've taken the law in your hand. Won't you follow the law? Yes,
[33:42.080 --> 33:50.200]  Mr. Officer, you've taken the law in your hand. Won't you follow the law? Yes, Mr. Officer,
[33:50.200 --> 33:59.000]  you've taken the law in your hand. Won't you follow the law? Yes, Mr. Officer, you've
[33:59.000 --> 34:07.800]  taken the law in your hand. Won't you follow the law? Yes, Mr. Officer, you've taken the
[34:07.800 --> 34:21.000]  law in your hand. Won't you follow the law? Yes, Mr. Officer, you've taken the law in
[34:21.000 --> 34:29.200]  your hand. Won't you follow the law? Yes, Mr. Officer, you've taken the law in your
[34:29.200 --> 34:39.000]  hand. Won't you follow the law? Yes, Mr. Officer, you've taken the law in your hand. Won't you
[34:39.000 --> 34:51.800]  follow the law? Yes, Mr. Officer, you've taken the law in your hand. Won't you follow the
[34:51.800 --> 34:58.680]  granted them a mortgage so they file a suit that the mortgage gives them a
[34:58.680 --> 35:05.840]  claim against the property so the claim is effectively against the property to
[35:05.840 --> 35:17.880]  enforce the claim that they already have. Allegedly based on a default on your
[35:17.880 --> 35:27.520]  part of a covenant of the mortgage. Okay and if the bank already defaulted on it
[35:27.520 --> 35:33.200]  and that's been filed and the property is now owned by a trust so when they do
[35:33.200 --> 35:39.920]  that certificate of title. Okay hold on hold on hold on Becca how did the
[35:39.920 --> 35:48.400]  property become owned by a trust? Well because I had found where my lender
[35:48.400 --> 35:54.940]  actually defaulted on. No no no no don't tell me why just did you transfer the
[35:54.940 --> 36:03.760]  property into a trust? I did. Okay that's that's something you have the right to
[36:03.760 --> 36:09.840]  do to sell or transfer the property it's in the mortgage and the bank has a right
[36:09.840 --> 36:17.720]  to challenge that but that transfer in no way affects the claim that the bank
[36:17.720 --> 36:27.880]  had. With that said you said that the bank defaulted on the mortgage. Did you
[36:27.880 --> 36:38.680]  did you file a claim alleging the default? Yes. What was the nature of the
[36:38.680 --> 36:47.800]  default? In the truth and lending they they didn't disclose things and they
[36:47.800 --> 36:54.640]  charged me on the HUD for a lifetime retrieval of my documents and then when I
[36:54.640 --> 36:59.600]  attempted to go get them whoever this company was was out of business and said
[36:59.600 --> 37:04.840]  they destroyed all my documents. Okay so you you made you did a Wodash claim
[37:04.840 --> 37:17.720]  against them? Yes. Okay did they answer the claim? No. Moved for default judgment on
[37:17.720 --> 37:33.520]  the claim. Okay how did you okay how did you establish the claim? I'm asking this
[37:33.520 --> 37:38.760]  question kind of in context of what I was talking about earlier. What are the
[37:38.760 --> 37:46.000]  elements of the claim and how did you establish each of the elements? Well when
[37:46.000 --> 37:51.640]  I filed the the notice I had stated the different things that and not doing
[37:51.640 --> 37:56.800]  monetarily except for that one issue that I was charged for one of their
[37:56.800 --> 38:05.760]  third-party vendors and I never received any benefit from it. Okay you just made
[38:05.760 --> 38:17.600]  that statement. Okay did you do discovery and request evidence of that would
[38:17.600 --> 38:26.020]  establish the validity of the charge? They were not cooperating with me to give
[38:26.020 --> 38:33.600]  me discovery. I gave interrogatories and they would not respond to them. Okay so
[38:33.600 --> 38:38.920]  you did give you did do discovery they failed to respond to discovery did you
[38:38.920 --> 38:47.360]  move the court to compel discovery? Yes I did that last week and the judge said he
[38:47.360 --> 38:52.600]  didn't have time so I'm having to reset it again. Okay move to disqualify the
[38:52.600 --> 38:57.120]  judge since the judge said wait a minute hold on hold on back up he didn't have
[38:57.120 --> 39:05.040]  time what did that mean? We were holding another hearing and this was supposed to
[39:05.040 --> 39:10.120]  be addressed at the end of it and he said well the time is up so you'll have
[39:10.120 --> 39:14.840]  to reschedule that and he said to opposing counsel you know you you can
[39:14.840 --> 39:22.480]  answer it if you want. Okay that's good okay that he can do that if he has other
[39:22.480 --> 39:27.160]  things scheduled and generally when you schedule a hearing you tell the judge
[39:27.160 --> 39:34.400]  how long you think it'll take and they try to to schedule their document docket
[39:34.400 --> 39:39.640]  so they can fit as many things in as possible and generally with motion
[39:39.640 --> 39:44.800]  hearings they don't expect motion hearings to take care of them so they
[39:44.800 --> 39:50.880]  will have a day when they do motion hearings. Whenever I bushwhack a judge
[39:50.880 --> 39:56.200]  with criminal complaints I want to go in when he's having motion hearings. The
[39:56.200 --> 40:01.160]  last time I did that there was a whole line of lawyers lined up in front of
[40:01.160 --> 40:06.120]  his bench and he was just going through motion after motion it took about 10 or
[40:06.120 --> 40:10.620]  15 seconds each they just walked right through them. So when a motion takes a
[40:10.620 --> 40:14.280]  long time it generally kind of screws up the judge's schedule because he's
[40:14.280 --> 40:18.600]  probably got a whole bunch of lawyers out there in the hall waiting to hear
[40:18.600 --> 40:22.840]  get their emotions heard so that's probably why he put you off and he can
[40:22.840 --> 40:32.000]  do that. So if the other side has not answered your emotion they reset this
[40:32.000 --> 40:40.280]  for hearing and move for summary judgment. If you make claims and those
[40:40.280 --> 40:50.320]  claims are not rebutted then they must be presumed to be true not prima facie
[40:50.320 --> 40:56.840]  but true unless they are rebutted. So move for summary judgment but keep in
[40:56.840 --> 41:04.960]  mind all you're doing is setting the record for appeal. Oh definitely. Yeah
[41:04.960 --> 41:09.960]  don't let the judge upset you if he rules against you that should never get
[41:09.960 --> 41:17.480]  you excited. Once you get angry excited and feel betrayed by the court that's
[41:17.480 --> 41:23.920]  when you start acting on what you feel instead of what you think and that's
[41:23.920 --> 41:29.520]  when you play right into the chump lawyers hands. Right well that's why I
[41:29.520 --> 41:34.680]  have a court reporter there at every hearing. You had your own court reporter?
[41:34.680 --> 41:43.840]  Oh yes. Oh I could hug you right through the microphone. Wonderful that's going to
[41:43.840 --> 41:51.520]  keep everybody honest. So this is good you know keep in mind trial judge can
[41:51.520 --> 41:57.680]  pretty well do what he wants to. He just rules however he pleases and if he's not
[41:57.680 --> 42:02.360]  worried about what the appeals court says about him hey you don't make any
[42:02.360 --> 42:09.320]  difference. Like if he's lame duck he's not running again he don't care so he
[42:09.320 --> 42:15.560]  do what he wants to. You should never let that bother you. So long as you have put
[42:15.560 --> 42:22.040]  the your claims properly before the court put your evidence properly before
[42:22.040 --> 42:27.480]  the court and put your objections properly before the court you don't care
[42:27.480 --> 42:34.080]  what the judge does. Have you filed a statement of facts with the court and
[42:34.080 --> 42:43.000]  asked the court to take judicial notice of them? No. Okay we probably need that.
[42:43.000 --> 42:49.200]  Has the case been completely adjudicated yet where are you in the adjudication of
[42:49.200 --> 42:57.440]  the case? I had it reopened they did a summary judgment and I filed motions for
[42:57.440 --> 43:01.600]  reconsideration and a new hearing because I found more evidence and
[43:01.600 --> 43:09.000]  fraudulent again. Okay all okay good good all of the evidence that you have found
[43:09.000 --> 43:18.880]  file it okay the evidence that cannot be refuted what is in the county record
[43:18.880 --> 43:26.440]  cannot be refuted. Take those documents and file them in the record and ask the
[43:26.440 --> 43:32.280]  court to take judicial notice of them. All of the case law that you cite
[43:32.280 --> 43:36.400]  statutes of case law that you cite in support of your position ask the court
[43:36.400 --> 43:42.400]  to take judicial judicial notice of those. That makes sure the facts and the
[43:42.400 --> 43:50.120]  law get in the record for the Court of Appeals. Okay hang on we're about to go
[43:50.120 --> 43:55.000]  to break this is Randy Kelton, Deborah Stevens, The Rule of Our Radio. I call in
[43:55.000 --> 44:01.080]  number 512-646-1984 we'll be right back.
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[45:00.360 --> 45:05.440]  Are you the plaintiff or defendant in a lawsuit? Win your case without an
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[46:27.640 --> 46:38.560]  Okay, we are back. Randy Kelton, Debbie Stevens, Rule by Radio and we're talking
[46:38.560 --> 46:45.240]  to Darlene in Florida and on the break I did a quick search for litigation guides
[46:45.240 --> 46:51.400]  in Texas and Texas in Florida and I found a litigation guide with the most
[46:51.400 --> 46:58.520]  surprising name. It was Litigation Guide Publishing. They were advertising that
[46:58.520 --> 47:06.360]  they're now in Florida and I found another one by James Publishing.
[47:06.360 --> 47:13.520]  So I don't know if those are the biggest ones but I found a Florida Causes of
[47:13.520 --> 47:18.920]  Action. That's the one by James Publishing. Now Florida Causes of Action
[47:18.920 --> 47:28.880]  it shows to be 99 to 199. I'm not sure what those two amounts are for but that
[47:28.880 --> 47:35.360]  would be a great investment if you are fighting a civil action in Florida
[47:35.360 --> 47:41.960]  because it will tell you what causes of actions you would have and how to argue
[47:41.960 --> 47:48.320]  those causes of action the case law and support case law against so you can look
[47:48.320 --> 47:54.340]  at it and pretty well tell how the other side will defend against it. For the
[47:54.340 --> 48:01.120]  most part give you everything you need at least to get a very good start. Okay.
[48:01.120 --> 48:11.040]  Okay, about a statement of facts. Statement of facts are hard for someone
[48:11.040 --> 48:19.400]  who is involved in a case to write. It is a struggle. It's an emotional struggle
[48:19.400 --> 48:27.120]  mostly because generally you have a dog in the hunt so this matters to you. So
[48:27.120 --> 48:36.160]  try as you may. You almost cannot keep argument out of the statement of facts. I
[48:36.160 --> 48:44.400]  have a way that I do the documents from the county record in that there are
[48:44.400 --> 48:52.680]  certain things in those documents that you will address specifically. We named
[48:52.680 --> 48:59.400]  the document and assert that it is attached. It's included in this document
[48:59.400 --> 49:07.240]  as attachment A, B, C or whatever. But I also break the document apart by the
[49:07.240 --> 49:17.040]  pieces that are important for the court to pay attention to and name those parts
[49:17.040 --> 49:23.520]  like what is titled, when it was filed, the document number it was given and
[49:23.520 --> 49:30.960]  what it claims. If you send me an email I'll send you an example of where
[49:30.960 --> 49:36.440]  I've taken these apart and once you file that in the record and now that
[49:36.440 --> 49:42.480]  becomes, you ask the court to take judicial notice of them because they are
[49:42.480 --> 49:49.080]  part of the public record. Now taking judicial notice of a fact does
[49:49.080 --> 49:59.440]  not determine that the fact is true. Taking judicial notice of these
[49:59.440 --> 50:06.800]  documents does not cause a determination that the documents are valid, factual or
[50:06.800 --> 50:11.640]  accurate. It merely takes judicial notice of the fact they have been filed in the
[50:11.640 --> 50:18.120]  record and for our purposes most of the time that's how we want it done because
[50:18.120 --> 50:25.760]  then we're going to go back and show how the filing of this document in the
[50:25.760 --> 50:31.080]  record was improper. Where they filed a document when they did not have
[50:31.080 --> 50:37.680]  authority to file it and you can look at what has been filed in the record and
[50:37.680 --> 50:42.880]  tell by what is in the record that the document was not proper to be filed. For
[50:42.880 --> 50:48.280]  instance if you have a trustee doing a trustee sale and you can't find an
[50:48.280 --> 50:52.920]  appointment of substitute trustee or you can find an appointment of substitute
[50:52.920 --> 50:58.720]  trustee but that appointment was done by some entity other than the lender and
[50:58.720 --> 51:07.600]  you can't find anything that transfers the property to that entity. Then all of
[51:07.600 --> 51:13.400]  the documents in the record are invalid. You want the court to take judicial
[51:13.400 --> 51:19.720]  notice of their existence so that you can show by comparing what is there to
[51:19.720 --> 51:27.880]  what is not there that everything is that the trustee didn't have authority to
[51:27.880 --> 51:32.800]  do the trustee sale. Am I making sense? Yeah because when you're talking
[51:32.800 --> 51:36.480]  about these statements of facts of what's there you're talking about what's
[51:36.480 --> 51:43.080]  recorded in the public records on my property correct? Yes in that portion of
[51:43.080 --> 51:49.920]  the statement of facts you asked the court to take judicial notice. Okay. Now
[51:49.920 --> 51:56.640]  you you'll make assertions of other facts but those you won't ask the court
[51:56.640 --> 52:02.640]  to take judicial notice of you can only ask the court to take judicial notice of
[52:02.640 --> 52:10.160]  facts that cannot be controverted and generally when you're doing a defense to
[52:10.160 --> 52:18.560]  a foreclosure issue bifurcation and show me the note these arguments are not
[52:18.560 --> 52:25.920]  holding water. The arguments that are most likely to get you adjudication are
[52:25.920 --> 52:32.360]  arguments concerning the documentation filed with the County Recorder's Office.
[52:32.360 --> 52:41.400]  The assignment of mortgages? Pardon me? Like the assignment of mortgages? Exactly and
[52:41.400 --> 52:48.320]  there was a problem in that the courts used to claim that since you
[52:48.320 --> 52:54.040]  are not named in the documents you're not a party to the documents so you have
[52:54.040 --> 53:00.680]  no standing to raise an issue concerning the documents but the courts have since
[53:00.680 --> 53:08.320]  ruled that since those documents affect a claim against title you absolutely do
[53:08.320 --> 53:17.400]  have standing to make a claim against the validity of those documents. So now
[53:17.400 --> 53:21.360]  you can make a claims against them but you have to make the claims in terms of
[53:21.360 --> 53:27.840]  fact or not that's the only thing that the court can pay attention to. So you're
[53:27.840 --> 53:38.960]  given the facts and if your facts are facts that can be controverted then you
[53:38.960 --> 53:43.000]  can't ask the court to take judicial notice of it. Now the way I generally do
[53:43.000 --> 53:48.880]  this in that in a filing is I do a statement of facts and that statement of
[53:48.880 --> 53:52.560]  facts I ask them to take judicial notice of because those are all facts that
[53:52.560 --> 53:57.240]  cannot be controverted and then I follow that with a statement of factual
[53:57.240 --> 54:04.520]  accusation. In the factual accusation I take the facts from the ones that can't
[54:04.520 --> 54:10.160]  be controverted and then I make statements of fact that they're likely
[54:10.160 --> 54:15.400]  to controvert like I'll say there is this document here and there is this
[54:15.400 --> 54:21.760]  document here but there should be a document in between and that should be
[54:21.760 --> 54:30.680]  the document transferring the property from the borrower to the entity that did
[54:30.680 --> 54:35.120]  the assignment of substitute trustee but that document's not there. Now that's
[54:35.120 --> 54:41.400]  statement of fact but they're going to argue they can argue against that. They
[54:41.400 --> 54:46.320]  can say the document doesn't have to be there or whatever. So we do a
[54:46.320 --> 54:53.040]  statement of facts then we do a section with our arguments in it. In the
[54:53.040 --> 54:58.880]  statement of facts if you do any argument you will send up a red flag
[54:58.880 --> 55:07.520]  to the judge. What you want to do with your statement of facts is line out the
[55:07.520 --> 55:14.520]  statement of facts. What I generally do if there is a document missing I will
[55:14.520 --> 55:22.160]  list a heading for that document and then I'll put a statement in no such
[55:22.160 --> 55:28.600]  document occurs in the record. That can be that cannot be controverted if it's
[55:28.600 --> 55:35.560]  not in the record it's not in the record and we want the judge to read that and
[55:35.560 --> 55:43.880]  come to the conclusion you want him to come to by reading the facts. You can't
[55:43.880 --> 55:50.440]  always get him to do that but if you're artful in doing it you will often get
[55:50.440 --> 55:56.880]  him to come to conclusions or you will get the judge to ask himself why did he
[55:56.880 --> 56:04.040]  put that in there. One of the things I like to put in is the footer. If you look
[56:04.040 --> 56:11.320]  at your footer and you have an FHA loan and you can show that the lender
[56:11.320 --> 56:16.160]  negotiated the note to some other party there's a claim a breach of contract you
[56:16.160 --> 56:23.680]  can make. So I put the footer in and the judge looks at it and wonders what he
[56:23.680 --> 56:28.640]  put that in there for and then when you get down to factual accusation you make
[56:28.640 --> 56:34.880]  a statement that there is a footer on the bottom of each document and ideally
[56:34.880 --> 56:38.440]  you put him in acrobat and then capture out the footer and drop it in the
[56:38.440 --> 56:44.360]  document. There is a footer as follows and I drop the footer in and then I ask
[56:44.360 --> 56:51.600]  the court to notice that the footer lists that the loan is an FHA loan and
[56:51.600 --> 56:58.720]  then I go on to argue that an FHA loan does not authorize the lender to sell or
[56:58.720 --> 57:06.200]  negotiate the note to anyone. He sold or negotiated the note therefore he breached
[57:06.200 --> 57:13.120]  contract. Breach of contract is one of your best the best kinds of arguments to
[57:13.120 --> 57:19.760]  make because they're not vague in general and a ruling in your favor on a breach
[57:19.760 --> 57:26.720]  of contract claim will not have reverberations throughout the industry
[57:26.720 --> 57:33.920]  because it only goes to this particular lender in this particular case in this
[57:33.920 --> 57:40.400]  particular document. A lot easier for the judge to give you a positive ruling or
[57:40.400 --> 57:45.120]  if not the judge then the Court of Appeals because the Court of Appeals is
[57:45.120 --> 57:50.400]  not going to want to destabilize the court procedure by giving you a bogus
[57:50.400 --> 57:58.800]  ruling. As a rule they're not but in the end the courts are corrupt. They're
[57:58.800 --> 58:05.040]  absolutely corrupt but there are things you can do and we're leaning more and
[58:05.040 --> 58:12.000]  more toward giving up the notions that we're going to win directly in a corrupt
[58:12.000 --> 58:19.280]  court. What we can do is hold the lender in court, cost him a lot of money, get
[58:19.280 --> 58:24.080]  him to give him good reason to come to the table and make a deal you can't pass
[58:24.080 --> 58:29.280]  up. Hang on we're about to go to break this is Randy Kelton Denver Stevens
[58:29.280 --> 58:36.200]  rule of law radio. I call it number 512-646-1984. We will be taking calls on any
[58:36.200 --> 58:41.640]  subject so give us a call. It generally builds up toward the end although it
[58:41.640 --> 58:47.280]  hasn't tonight. We'll be right back.
[58:47.280 --> 58:55.320]  The Bible remains the most popular book in the world yet countless readers are
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[59:52.160 --> 01:00:01.040]  You're listening to the Logos Radio Network at thelogosradionetwork.com.
[01:00:02.400 --> 01:00:06.800]  This is the Liberty Beat, your daily source for Liberty news and activist
[01:00:06.800 --> 01:00:11.720]  updates online at thelibertybeat.com. I'm Brian Higgin with your Liberty Beat for
[01:00:11.720 --> 01:00:18.720]  Thursday, June 5th, 2014. Gold opened today at $1,248 while silver opened at $18.83
[01:00:18.720 --> 01:00:23.400]  and Bitcoin is trending around $660. Support for Liberty Beat comes from
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[01:00:47.600 --> 01:00:52.800]  June 21st at Austin Music Hall. Get yours at voiceandexit.com. In the news, the
[01:00:52.800 --> 01:00:56.880]  director of the National Security Agency has denied the agency is collecting
[01:00:56.880 --> 01:01:01.360]  images of US citizens using facial recognition technology. Admiral Mike
[01:01:01.360 --> 01:01:05.960]  Rogers, head of NSA and commander of US Cyber Command, confirmed the agency does
[01:01:05.960 --> 01:01:10.160]  use such technology, but stated it was aimed at foreign intelligence and
[01:01:10.160 --> 01:01:14.640]  counterterrorism targets. The program was recently revealed by the New York Times
[01:01:14.640 --> 01:01:18.840]  and is based on documents provided by whistleblower Edward Snowden. The
[01:01:18.840 --> 01:01:22.840]  documents show the NSA intercepted millions of images per day, including
[01:01:22.840 --> 01:01:30.840]  some 55,000 facial recognition quality images. The US Secret Service is seeking
[01:01:30.840 --> 01:01:34.600]  software capable of identifying influencers on social media sites
[01:01:34.600 --> 01:01:38.400]  responsible for setting trends. The agency wants to be able to watch
[01:01:38.400 --> 01:01:42.960]  continuously flowing social media data in real time by collecting emotions of
[01:01:42.960 --> 01:01:47.440]  internet users, old Twitter messages and more. The agency hopes to acquire
[01:01:47.440 --> 01:01:52.240]  software sophisticated enough to detect sarcasm or false positives, but also to
[01:01:52.240 --> 01:01:58.840]  quantify their social media outrage. California residents have approved a
[01:01:58.840 --> 01:02:02.480]  measure that amends the state constitution to force local governments
[01:02:02.480 --> 01:02:07.040]  to respond to public records requests. Proposition 42 requires local agencies
[01:02:07.040 --> 01:02:10.760]  ranging from the City Council to the school board to comply with the
[01:02:10.760 --> 01:02:16.340]  California Public Records Act, regardless of cost. In 2013, the California state
[01:02:16.340 --> 01:02:20.240]  budget included language that would have made compliance with the CBRA optional
[01:02:20.240 --> 01:02:23.920]  for local governments, because the governor's office argued that the state
[01:02:23.920 --> 01:02:28.680]  was too broke to reimburse local agencies for the costs. Support for Liberty
[01:02:28.680 --> 01:02:32.680]  Beat comes from the Cory Moore Show, live Friday nights, 9 o'clock Central, at
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[01:02:47.920 --> 01:02:56.360]  by phone at 800-874-9760. This is the Liberty Beat for June 5, 2014. Check out
[01:02:56.360 --> 01:03:00.400]  the website at thelibertybeat.com.
[01:03:26.400 --> 01:03:27.400]  What we say?
[01:03:27.400 --> 01:03:29.400]  Chant for our words
[01:03:29.400 --> 01:03:30.400]  Let me tell them
[01:03:30.400 --> 01:03:32.400]  Chant down by
[01:03:32.400 --> 01:03:34.400]  Chant by your word
[01:03:34.400 --> 01:03:36.400]  Chant for justice and
[01:03:36.400 --> 01:03:38.400]  Chant for justice and
[01:03:38.400 --> 01:03:39.400]  Chant for Ruby
[01:03:39.400 --> 01:03:41.400]  Chant for our words
[01:03:41.400 --> 01:03:43.400]  Chant for our words
[01:03:43.400 --> 01:03:45.400]  Chant for our words
[01:03:45.400 --> 01:03:48.400]  None of them will chant for me
[01:03:48.400 --> 01:03:51.400]  Say all man was created equally
[01:03:51.400 --> 01:03:55.400]  Chant down Babylon and do it daily
[01:03:55.400 --> 01:03:58.400]  When I come here for everybody
[01:03:58.400 --> 01:04:02.400]  When I want me up to chant them
[01:04:02.400 --> 01:04:06.400]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're
[01:04:06.400 --> 01:04:12.400]  talking to Darlene in Florida. Now, the rest of the listeners don't know, but we
[01:04:12.400 --> 01:04:19.400]  talked earlier and I know a little more about this case. I understand that the
[01:04:19.400 --> 01:04:25.400]  lender has filed a motion for summary judgment.
[01:04:29.400 --> 01:04:31.400]  Darlene, are you there?
[01:04:36.400 --> 01:04:40.400]  Well, it looks like we might have lost sound on Darlene.
[01:04:40.400 --> 01:04:46.400]  Okay, then I'm going to, since we've lost her, Darlene, if you're there and you can
[01:04:46.400 --> 01:04:54.400]  hear me, try hanging up and calling back in. But since we've lost Darlene, I'm
[01:04:54.400 --> 01:05:00.400]  going to go back to what I was about to read before we got that call. This is the
[01:05:00.400 --> 01:05:06.400]  part of the litigation guide that is absolutely the best. This is the
[01:05:06.400 --> 01:05:12.400]  commentaries. It starts out with plaintiff's elements. To prove an action
[01:05:12.400 --> 01:05:18.400]  for an assault by infliction of bodily injury, the plaintiff must establish the
[01:05:18.400 --> 01:05:25.400]  defendant acted intentionally knowingly or recklessly. The defendant who acted,
[01:05:25.400 --> 01:05:33.400]  okay, let's see, direct liability. This person is liable as defendant. Under
[01:05:33.400 --> 01:05:39.400]  direct liability, the defendant who actually committed the assault is liable.
[01:05:39.400 --> 01:05:44.400]  For example, the manager of a nightclub who grabbed the plaintiff in a chokehold
[01:05:44.400 --> 01:05:50.400]  and dragged him out of the club was liable for assault. Minor defendant,
[01:05:50.400 --> 01:05:56.400]  children are liable for their own intentional torts. There is no specific
[01:05:56.400 --> 01:06:00.400]  age at which minors are immune as a matter of law from liability for
[01:06:00.400 --> 01:06:08.400]  intentional torts. And this lists the case law that establishes that. For
[01:06:08.400 --> 01:06:16.400]  instance, here is, for example, Bailey 12, Southwest 3D at 163. Four-year-old
[01:06:16.400 --> 01:06:23.400]  could be liable for assault that left babysitter with a crushed Marenix. Wow.
[01:06:23.400 --> 01:06:32.400]  Okay. Okay, we go on. Respondi et superior. You'll hear us talk about that
[01:06:32.400 --> 01:06:39.400]  pretty often here on the air. Respondi et superior. An employer can be
[01:06:39.400 --> 01:06:44.400]  vicariously liable under the doctrine of Respondi et superior for an assault
[01:06:44.400 --> 01:06:49.400]  committed by its employee within the course and scope of her employment,
[01:06:49.400 --> 01:06:57.400]  Houston Transit Refielder. Within scope of employment, it defines scope. Texas
[01:06:57.400 --> 01:07:01.400]  courts have adopted two methods of determining whether an employee's assault
[01:07:01.400 --> 01:07:06.400]  is within the scope of her employment. The rule of force and the scope of
[01:07:06.400 --> 01:07:12.400]  employment test. Rule of force. Some courts apply the rule of force to hold
[01:07:12.400 --> 01:07:17.400]  an employer liable for an employee's assault under Respondi et superior,
[01:07:17.400 --> 01:07:28.400]  Green Case 67 Southwest 2D 398. Under the act, either expressly or
[01:07:28.400 --> 01:07:33.400]  implicitly by placing the employer in a position that involve the use of
[01:07:33.400 --> 01:07:39.400]  physical, I'm sorry, by placing the employee in a position that involve the
[01:07:39.400 --> 01:07:47.400]  use of physical force. The employee's assault, okay, I'm sorry. The courts
[01:07:47.400 --> 01:07:52.400]  that follow this approach hold an employer liable for an employee's assault
[01:07:52.400 --> 01:08:03.400]  only when the job itself necessitates the use of force. Okay, club owner
[01:08:03.400 --> 01:08:08.400]  liable for bouncer's assault and there's several others. Okay, scope of
[01:08:08.400 --> 01:08:14.400]  employment. Some courts apply the more liberal scope of employment test to hold
[01:08:14.400 --> 01:08:19.400]  an employer liable for an employee's assault under Respondi et superior.
[01:08:19.400 --> 01:08:25.400]  Under this approach, an employer's liability does not depend on whether the
[01:08:25.400 --> 01:08:30.400]  employee's job permitted the use of force, but on whether the assault arose
[01:08:30.400 --> 01:08:36.400]  directly from and was done in furtherance of the business that the employee
[01:08:36.400 --> 01:08:43.400]  was employed to do. Bus driver committed assault within the scope of employment
[01:08:43.400 --> 01:08:48.400]  when he punched another driver while trying to obtain insurance information
[01:08:48.400 --> 01:08:58.400]  for his employer after car accident. Okay, outside scope of employment. An
[01:08:58.400 --> 01:09:04.400]  employer is acting outside the scope of her employment when she commits an
[01:09:04.400 --> 01:09:10.400]  assault out of personal animosity and not in relation to her employer's
[01:09:10.400 --> 01:09:23.400]  business. Okay, I'm losing this. It's a little hard to read because they're
[01:09:23.400 --> 01:09:29.400]  separated by case law. Not in the course of employment for superior assault.
[01:09:29.400 --> 01:09:36.400]  Okay, not in course of scope of employment for supervisor to assault
[01:09:36.400 --> 01:09:44.400]  employee who lipped off with a smart attitude. Not in course of scope of
[01:09:44.400 --> 01:09:48.400]  employment for employee to leave store unattended and follow victim into
[01:09:48.400 --> 01:09:54.400]  public street to shoot him for personal reasons. Not in course, it's not in
[01:09:54.400 --> 01:09:59.400]  course and scope of employment for employee to fight with a customer over
[01:09:59.400 --> 01:10:06.400]  a personal debt. Okay, ratification. This is the one that really caught my
[01:10:06.400 --> 01:10:12.400]  attention. We hear a lot about ratification of commencement, rule 17,
[01:10:12.400 --> 01:10:18.400]  the federal rules, but here ratification. A person can be liable for another
[01:10:18.400 --> 01:10:26.400]  person's assault under the theory of ratification. This is Walmart stores
[01:10:26.400 --> 01:10:33.400]  company ratified employees assault because it was aware of his conduct and
[01:10:33.400 --> 01:10:39.400]  did nothing to prevent future attacks. Ratification, retaining an employee
[01:10:39.400 --> 01:10:44.400]  after she has committed an assault is not sufficient in itself to constitute
[01:10:44.400 --> 01:10:53.400]  ratification of conduct. Retention does not constitute ratification sufficient
[01:10:53.400 --> 01:11:00.400]  for exemplary damages. Okay, participatory liability. A defendant can be
[01:11:00.400 --> 01:11:06.400]  liable for an assault under a theory of participatory liability and they're
[01:11:06.400 --> 01:11:18.400]  listed as aiding and abetting, conspiracy, and that's it for that one. Okay.
[01:11:18.400 --> 01:11:23.400]  Aiding and abetting, a defendant may be held liable for an assault if she
[01:11:23.400 --> 01:11:30.400]  solicited, encouraged, directed, aided, or attempted to aid another to commit
[01:11:30.400 --> 01:11:35.400]  the assault. When a defendant assists another in committing an assault, both
[01:11:35.400 --> 01:11:42.400]  parties, both are principles and are liable for the injury inflicted. Anyone
[01:11:42.400 --> 01:11:48.400]  who commands, directs, advises, encourages, procures, controls aides, or
[01:11:48.400 --> 01:11:54.400]  abets a wrongful act by another is just as responsible for the wrongful act as
[01:11:54.400 --> 01:12:01.400]  the one who actually committed it. And I hope you all appreciate the fact that
[01:12:01.400 --> 01:12:09.400]  what I'm reading here is not contained in the code. This is contained in the
[01:12:09.400 --> 01:12:17.400]  case law. And if you listen to how these are structured, it shows exactly what
[01:12:17.400 --> 01:12:23.400]  the purpose of case law is because these are issues that are not directly
[01:12:23.400 --> 01:12:31.400]  addressed in the code itself. So the courts rule that in order to enforce the
[01:12:31.400 --> 01:12:37.400]  intent of the legislature, it must be enforced in these peculiar
[01:12:37.400 --> 01:12:43.400]  circumstances in these specific ways. So I hope that makes sense to everybody.
[01:12:43.400 --> 01:12:48.400]  Conspiracy, a defendant may be held liable for an assault if she conspired
[01:12:48.400 --> 01:12:54.400]  to commit the assault. For a complete argument, defendant's state of mind, the
[01:12:54.400 --> 01:12:59.400]  plaintiff must prove that defendant acted intentionally, knowingly, or
[01:12:59.400 --> 01:13:05.400]  recklessly. Intentionally knowing recklessly as defined in Texas Penal Code
[01:13:05.400 --> 01:13:13.400]  6.03 should be used in jury charge. And I won't go back to 6.03. I actually used
[01:13:13.400 --> 01:13:25.400]  6.03 and 6.03 goes to intent. I mean, Chapter 6 goes primarily to intent of
[01:13:25.400 --> 01:13:30.400]  the Penal Code. Chapter 7 goes to culpability. And I briefly used those in
[01:13:30.400 --> 01:13:36.400]  a case. Okay, let's go down to intentional conduct. A defendant acts
[01:13:36.400 --> 01:13:43.400]  intentionally when she has the conscious objective or desire to engage in
[01:13:43.400 --> 01:13:53.400]  certain conduct or to cause a certain result. When you make claims, it's very
[01:13:53.400 --> 01:14:03.400]  common in looking at pro se pleadings, is they use words that have meaning in
[01:14:03.400 --> 01:14:11.400]  civil discourse, but they may not necessarily have the same meaning in
[01:14:11.400 --> 01:14:17.400]  legal discourse. And that's why it's important to understand how these terms
[01:14:17.400 --> 01:14:27.400]  are defined in law. This is a litigation guide and it draws from all over the
[01:14:27.400 --> 01:14:33.400]  codes and all over the case law to pull in those issues that are important to
[01:14:33.400 --> 01:14:39.400]  the specific issue you're looking at. That's what makes these so incredibly
[01:14:39.400 --> 01:14:45.400]  valuable and will save you an unbelievable amount of time. So I'm going
[01:14:45.400 --> 01:14:49.400]  to stop preaching now. I'm going to read some more. I don't know if you find
[01:14:49.400 --> 01:14:56.400]  this interesting. I find this very interesting because when I read these, you
[01:14:56.400 --> 01:15:03.400]  know, people, they ask me things about law and I state things in a peculiar
[01:15:03.400 --> 01:15:09.400]  way a lot of times. And that comes from reading these codes and how they're
[01:15:09.400 --> 01:15:15.400]  structured. And once you've read these, especially in this context, they're kind
[01:15:15.400 --> 01:15:20.400]  of interesting the way they're written. They hold your attention better. And
[01:15:20.400 --> 01:15:26.400]  when you read something that you find interesting, when it's referenced later
[01:15:26.400 --> 01:15:32.400]  on, it's really easy to pull it back up. So I suggest you get litigation guides.
[01:15:32.400 --> 01:15:36.400]  Any case you have, go in there and read all of this stuff, even the part that
[01:15:36.400 --> 01:15:41.400]  doesn't appear to apply to you, because a lot of times you'll get some really
[01:15:41.400 --> 01:15:47.400]  pleasant surprises. You will find claims and causes that you can use that you
[01:15:47.400 --> 01:15:53.400]  never dreamed were available to you. Okay, let's go to intent. Intent to
[01:15:53.400 --> 01:15:59.400]  assault. A defendant who commits an assault on the plaintiff and causes an
[01:15:59.400 --> 01:16:05.400]  injury that was unintended or more serious than intended is liable to the
[01:16:05.400 --> 01:16:10.400]  plaintiff even though the defendant did not intend to inflict that particular
[01:16:10.400 --> 01:16:16.400]  type of injury. The plaintiff must show only that the defendant intended the
[01:16:16.400 --> 01:16:21.400]  assault. It is not necessary to show that the defendant intended the
[01:16:21.400 --> 01:16:28.400]  particular kind of harm inflicted. Intent to assault another. A defendant who
[01:16:28.400 --> 01:16:33.400]  attempts to commit an assault on one person but misses and assaults the
[01:16:33.400 --> 01:16:38.400]  plaintiff is liable to the plaintiff even though the defendant did not intend
[01:16:38.400 --> 01:16:47.400]  to assault her. D held liable when he attempted to shoot a person who was
[01:16:47.400 --> 01:16:53.400]  running away but shot P instead. D and P means defendant, plaintiff. Okay, hang
[01:16:53.400 --> 01:17:00.400]  on, Randy Kelton, Deborah Stevens, Wheel of Law Radio, we'll be right back.
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[01:18:50.400 --> 01:18:54.400]  south of Anderson. We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:54.400 --> 01:19:00.400]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[01:19:00.400 --> 01:19:14.400]  This is the Logos Logos Radio Network.
[01:19:14.400 --> 01:19:30.400]  Thank you.
[01:19:30.400 --> 01:19:58.400]  Thank you.
[01:19:58.400 --> 01:20:06.400]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we have
[01:20:06.400 --> 01:20:16.400]  Darlene back. Hello, Darlene. Yes. Okay, I lost you there before. Yeah. Okay, were
[01:20:16.400 --> 01:20:22.400]  you listening to this last segment? Definitely. Okay, I'm going to be doing
[01:20:22.400 --> 01:20:30.400]  some more of these and I'll start looking for these that go to individuals'
[01:20:30.400 --> 01:20:37.400]  particular issues. This is how we state a claim and all of those sentences I was
[01:20:37.400 --> 01:20:46.400]  reading, in between the sentences was the case law that made that statement. And
[01:20:46.400 --> 01:20:52.400]  this is where we say, never make a proactive statement of law out of your
[01:20:52.400 --> 01:20:59.400]  own mouth. Always make it out of the mouth of the court. And when I say that
[01:20:59.400 --> 01:21:06.400]  to someone who's pro se a non-legal professional, they think, holy crap,
[01:21:06.400 --> 01:21:13.400]  Yola, how on earth am I going to do that? Because it would take a tremendous amount
[01:21:13.400 --> 01:21:22.400]  of research. So that's where we suggest that you develop a particular skill. And
[01:21:22.400 --> 01:21:29.400]  that's, if you're going to be a pro se litigant, you need to be an accomplished
[01:21:29.400 --> 01:21:39.400]  plagiarist. Never write it yourself if you can avoid it. Look in the litigation
[01:21:39.400 --> 01:21:48.400]  guide first and then go look at the cases they actually cite and you can go in
[01:21:48.400 --> 01:21:56.400]  and pull some really well written stuff out of those things. If it's in a ruling
[01:21:56.400 --> 01:22:05.400]  on a case, then you can quote it and it is authoritative. If it's in one of these
[01:22:05.400 --> 01:22:10.400]  appeals square cases, a case that can be cited. A district court, trial court
[01:22:10.400 --> 01:22:20.400]  can't be cited. It can be referenced for just the edification of the judge but
[01:22:20.400 --> 01:22:26.400]  it carries no authority. If it's from the appeals court, it carries authority.
[01:22:26.400 --> 01:22:32.400]  They decide this is how this is to be, it will be adjudicated. So everywhere you
[01:22:32.400 --> 01:22:42.400]  can, I'd like to go into a court ruling and take the section that fits my
[01:22:42.400 --> 01:22:48.400]  argument, cut that section out, drop it into my document, and then go through
[01:22:48.400 --> 01:22:57.400]  the lead ins, the lead outs, the pronouns that are in there and the directing
[01:22:57.400 --> 01:23:04.400]  words and readjust them so it reads correctly for this particular document.
[01:23:04.400 --> 01:23:10.400]  I don't, when I do that, I don't quote it exactly because I don't need to.
[01:23:10.400 --> 01:23:18.400]  Because each statement is attached to the court case from which it came. But
[01:23:18.400 --> 01:23:25.400]  when a judge reads it, he will instantly recognize what it is. He'll know exactly
[01:23:25.400 --> 01:23:34.400]  what I've done, that I pulled this from a court's ruling and it will, without
[01:23:34.400 --> 01:23:40.400]  him paying a lot of attention to that fact, it will cause him to give it more
[01:23:40.400 --> 01:23:44.400]  credibility. Does that make sense, Tony?
[01:23:44.400 --> 01:23:48.400]  Right. But then when, if you have to take it to the appellate court, then you're
[01:23:48.400 --> 01:23:53.400]  saying take it word for word if you have to cite it for appellate court?
[01:23:53.400 --> 01:24:02.400]  No, no. As long as, you know, for this is talking about somebody else's case,
[01:24:02.400 --> 01:24:13.400]  but my case is essentially the same, then I can state that this particular,
[01:24:13.400 --> 01:24:19.400]  this case law and this statement applies to my case. And I just adjust the
[01:24:19.400 --> 01:24:25.400]  wording and I make the statement of law the same way the court made the
[01:24:25.400 --> 01:24:30.400]  statement of law in another case. Now the judge is going to know that I pulled
[01:24:30.400 --> 01:24:36.400]  it from another case, but it doesn't matter if the statement is relevant and
[01:24:36.400 --> 01:24:42.400]  does apply. Then he won't care about that I got this out of another case as
[01:24:42.400 --> 01:24:50.400]  long as every proactive statement of law is shown to come from a case either
[01:24:50.400 --> 01:24:54.400]  cited in front of it or in back of it to show where it came from, then it
[01:24:54.400 --> 01:25:04.400]  doesn't matter. But it causes you to get much better at recognizing, you get
[01:25:04.400 --> 01:25:12.400]  more comfortable with this kind of writing. So even if where you're not
[01:25:12.400 --> 01:25:18.400]  citing cases one after the other where you're making legal arguments, you
[01:25:18.400 --> 01:25:25.400]  get much better at writing a legal argument in the kind of verbiage the
[01:25:25.400 --> 01:25:32.400]  judge expects to see. Right? And you get a lot better read from the judge
[01:25:32.400 --> 01:25:39.400]  that way. Okay. Okay. Do you have any other questions for us? No, no. I'll
[01:25:39.400 --> 01:25:43.400]  just send an email over to you so that I could get the guidelines on that.
[01:25:43.400 --> 01:25:48.400]  Okay. And I will get that to you. Thank you. Thank you, Darlene. Now we're
[01:25:48.400 --> 01:25:54.400]  going to go to Ms. Mary in Texas. How are you Ms. Mary?
[01:25:54.400 --> 01:26:03.400]  Greetings. It is good to hear from you. It sounds like you're a little far from
[01:26:03.400 --> 01:26:10.400]  the mic. Your mic sounds kind of tinny like you're too far away from it or
[01:26:10.400 --> 01:26:17.400]  something. Speak again. How's this? Any better? A little bit better, but it
[01:26:17.400 --> 01:26:21.400]  kind of sounds like you're off in the distance. It may just be your mic. Okay.
[01:26:21.400 --> 01:26:26.400]  Go ahead. We can hear you though. Okay. Let me go ahead and cut the sound
[01:26:26.400 --> 01:26:34.400]  normally. Is this okay? That's a little better. Okay. I missed the first part of
[01:26:34.400 --> 01:26:41.400]  the show. I was hoping Nate had called in. No, he hasn't. Yeah. So I got a
[01:26:41.400 --> 01:26:44.400]  little worried. I heard some things were happening to our good friend Mike
[01:26:44.400 --> 01:26:53.400]  Hanson. He helped film the Bohemian Grove video with Alex Jones. And he just
[01:26:53.400 --> 01:26:59.400]  ran for mayor in his local town, small town around Austin, Texas last month.
[01:26:59.400 --> 01:27:10.400]  So apparently he accidentally walked through some kind of test thing. These
[01:27:10.400 --> 01:27:18.400]  cops had masks on and did not have any garbage on their cars, although they had
[01:27:18.400 --> 01:27:23.400]  the lights. You could see on the dash or whatnot. Apparently Nate did something
[01:27:23.400 --> 01:27:29.400]  on Mike Hanson archives about this, but his life got threatened apparently a day
[01:27:29.400 --> 01:27:33.400]  or two later by the county attorney saying if they continue to post things
[01:27:33.400 --> 01:27:39.400]  that he might get killed. Something like this. So I'm trying to organize a
[01:27:39.400 --> 01:27:47.400]  meeting down there. It's around Austin, Texas, about an hour. Okay. Mary, this
[01:27:47.400 --> 01:27:55.400]  is kind of, it gives me concern. How does he know that these people were
[01:27:55.400 --> 01:28:02.400]  actually some sort of police officer? Well, apparently by the kind of cars they
[01:28:02.400 --> 01:28:10.400]  were driving. So he was just speculating that they were. I don't know. I believe
[01:28:10.400 --> 01:28:15.400]  they talked to their local police department who refused to identify the
[01:28:15.400 --> 01:28:19.400]  organization they're working with. Right now their best guess is it's the DEA,
[01:28:19.400 --> 01:28:26.400]  but all of us have concerns about false flags. Okay. Hold on. The reason I'm
[01:28:26.400 --> 01:28:33.400]  showing here is he needs to separate what he knows from what he thinks and
[01:28:33.400 --> 01:28:39.400]  what he believes. Look at what he actually knows. He knows that people with
[01:28:39.400 --> 01:28:46.400]  masks and guns threatened him. What do you do when people with masks and guns
[01:28:46.400 --> 01:28:48.400]  threaten you?
[01:28:48.400 --> 01:28:52.400]  There's probably several answers for that.
[01:28:52.400 --> 01:28:59.400]  Absolutely. We filed criminal charges all over the place. You know, I'm a combat
[01:28:59.400 --> 01:29:09.400]  veteran and I take those guns very, very serious. Maybe if they are policemen,
[01:29:09.400 --> 01:29:13.400]  maybe they don't take them quite so serious, but I've spent some time on the
[01:29:13.400 --> 01:29:20.400]  sharp end and that tends to make you real sensitive to those things. So it is a
[01:29:20.400 --> 01:29:25.400]  really, really big deal. And for me, if somebody approached me with a mask on
[01:29:25.400 --> 01:29:30.400]  and a gun, I'm going to take that real serious. Then if they threaten me, I'm
[01:29:30.400 --> 01:29:35.400]  going to take that even more serious. This should really get criminal
[01:29:35.400 --> 01:29:43.400]  accusations and lots of them. Texas Rangers, district attorney, police
[01:29:43.400 --> 01:29:48.400]  department, sheriff's department. Get them everywhere. Hang on. We're about to
[01:29:48.400 --> 01:29:53.400]  go to break. Randy Kelton, Deborah Stevens, we have our radio, our call-in
[01:29:53.400 --> 01:30:01.400]  number, 512-646-1984. We'll be right back.
[01:30:01.400 --> 01:30:05.400]  For the first time in a thousand years, an ancient British university has
[01:30:05.400 --> 01:30:10.400]  changed its dress code in a very bizarre way. I'm Dr. Catherine Albrecht, back to
[01:30:10.400 --> 01:30:15.400]  tell how Oxford University is rewriting the rules for school attire in a moment.
[01:30:15.400 --> 01:30:20.400]  Privacy is under attack. When you give up data about yourself, you'll never get it
[01:30:20.400 --> 01:30:25.400]  back again. And once your privacy is gone, you'll find your freedoms will start to
[01:30:25.400 --> 01:30:30.400]  vanish too. So protect your rights. Say no to surveillance and keep your
[01:30:30.400 --> 01:30:35.400]  information to yourself. Privacy, it's worth hanging on to. This message is
[01:30:35.400 --> 01:30:39.400]  brought to you by StartPage.com, the private search engine alternative to
[01:30:39.400 --> 01:30:45.400]  Google, Yahoo, and Bing. Start over with StartPage.
[01:30:45.400 --> 01:30:50.400]  For centuries, Oxford students have worn distinctive academic uniforms, but now
[01:30:50.400 --> 01:30:55.400]  the university has rewritten its dress code to accommodate cross-dressing. The
[01:30:55.400 --> 01:30:59.400]  dress code is serious business at Oxford, which expels students who violate it.
[01:30:59.400 --> 01:31:04.400]  For a thousand years, male students have worn dark suits and socks, white bow ties
[01:31:04.400 --> 01:31:09.400]  and collars beneath black gowns. Women have worn dark skirts or trousers, white
[01:31:09.400 --> 01:31:14.400]  blouses, black hair ribbons, and black stockings. But now, men can don those
[01:31:14.400 --> 01:31:19.400]  skirts and stockings, and women can sport suits and white bow ties. But somehow, I
[01:31:19.400 --> 01:31:24.400]  don't think that's what the Oxford dress code founders had in mind. I'm Dr.
[01:31:24.400 --> 01:31:31.400]  Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.400 --> 01:31:35.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of
[01:31:35.400 --> 01:31:39.400]  September 11. The government says that fire brought it down. However, 1,500
[01:31:39.400 --> 01:31:44.400]  architects and engineers concluded it was a controlled demolition. Over 6,000 of
[01:31:44.400 --> 01:31:47.400]  my fellow service members have given their lives, and thousands of my fellow
[01:31:47.400 --> 01:31:51.400]  first responders are dying. I'm not a conspiracy theorist. I'm a structural
[01:31:51.400 --> 01:31:54.400]  engineer. I'm a New York City correction officer. I'm an Air Force pilot. I'm a
[01:31:54.400 --> 01:31:58.400]  father who lost his son. We're Americans, and we deserve the truth. Go to
[01:31:58.400 --> 01:32:01.400]  RememberBuilding7.org today.
[01:32:28.400 --> 01:32:33.400]  Really? I got to try iodine now. It feel good again. It also protects you from
[01:32:33.400 --> 01:32:37.400]  radiation, heavy metals, fluoride, chlorine, and bromine, including cancer and
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[01:32:41.400 --> 01:32:45.400]  you out of the hospital and off pharmaceuticals. Wow. Why are you so nice
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[01:32:58.400 --> 01:33:01.400]  microplantpowder.com.
[01:33:01.400 --> 01:33:05.400]  You are listening to the Logos Radio Network.
[01:33:05.400 --> 01:33:08.400]  logosradionetwork.com.
[01:33:08.400 --> 01:33:33.400]  Okay, we are back. Randy Kelton, David Stevens. You have our radio, and we're
[01:33:33.400 --> 01:33:43.400]  talking to Mary in Texas. Mary, over the break, I'm thinking about this, and I
[01:33:43.400 --> 01:33:56.400]  have never heard of guys like ATF, FBI, the federal drug enforcement threatening
[01:33:56.400 --> 01:34:06.400]  ordinary citizens' lives. Well, I think the real threat came, okay, the people
[01:34:06.400 --> 01:34:11.400]  with the mask asked him to leave the neighborhood or something. He asked who
[01:34:11.400 --> 01:34:15.400]  they were working with. He was dealing with some tenants or some business
[01:34:15.400 --> 01:34:23.400]  things. So I think him and Nate went back to that area, saw there were barricades
[01:34:23.400 --> 01:34:28.400]  or something, and took some video, and at that point, it looked like some of
[01:34:28.400 --> 01:34:32.400]  those individuals who threatened them had fled. I haven't looked at the video
[01:34:32.400 --> 01:34:37.400]  myself yet, but a day or two later, the county attorney or district attorney in
[01:34:37.400 --> 01:34:41.400]  a parking lot told Mike that they saw what he was doing, because they put it on
[01:34:41.400 --> 01:34:46.400]  YouTube and said, what is this, a police state? The police refused to say who
[01:34:46.400 --> 01:34:50.400]  they were or who they were working with. What's going on here? And so one of
[01:34:50.400 --> 01:34:54.400]  the county officials threatened them and said, if you keep this up, you might
[01:34:54.400 --> 01:34:56.400]  get killed. That's what...
[01:34:56.400 --> 01:35:04.400]  Something else is going on. Prosecuting attorneys don't threaten people's
[01:35:04.400 --> 01:35:08.400]  lives. That is a big deal.
[01:35:08.400 --> 01:35:11.400]  That's what I just heard today.
[01:35:11.400 --> 01:35:16.400]  Yeah, and saying you might get killed, he can't say that was not a threat on his
[01:35:16.400 --> 01:35:22.400]  life. That was a direct threat on his life from the prosecuting attorney. That
[01:35:22.400 --> 01:35:25.400]  should be criminal.
[01:35:25.400 --> 01:35:27.400]  Okay.
[01:35:27.400 --> 01:35:32.400]  And since he is a public official, it becomes far more serious.
[01:35:32.400 --> 01:35:34.400]  Okay.
[01:35:34.400 --> 01:35:38.400]  And I would suggest that he come to Travis County and make the filing.
[01:35:38.400 --> 01:35:40.400]  Right.
[01:35:40.400 --> 01:35:49.400]  Not in the county that it occurred, because if this is a public official, if
[01:35:49.400 --> 01:35:53.400]  he's an elected official, if it was the district attorney, Travis County
[01:35:53.400 --> 01:36:01.400]  absolutely has jurisdiction. If it was a county official, he can't reasonably
[01:36:01.400 --> 01:36:07.400]  file the complaint in the county as it is the county itself that's threatening
[01:36:07.400 --> 01:36:14.400]  him. And any magistrate in the state of Texas can take any complaint, felony or
[01:36:14.400 --> 01:36:20.400]  misdemeanor, state or federal. Venue is not an issue.
[01:36:20.400 --> 01:36:22.400]  Okay.
[01:36:22.400 --> 01:36:26.400]  So he's likely to get somebody here to pay attention to it, or even if he
[01:36:26.400 --> 01:36:33.400]  doesn't, by filing it here, when they start getting calls from Austin wanting
[01:36:33.400 --> 01:36:40.400]  to know what's going on there, it's going to, now you have people outside your
[01:36:40.400 --> 01:36:44.400]  venue who are not going to risk their careers to protect you from doing
[01:36:44.400 --> 01:36:46.400]  something stupid.
[01:36:46.400 --> 01:36:47.400]  Right.
[01:36:47.400 --> 01:36:52.400]  So if anything's going to keep them from doing anything to him, it's sunshine
[01:36:52.400 --> 01:36:56.400]  and sunshine from another jurisdiction where they don't feel like they can
[01:36:56.400 --> 01:36:58.400]  control it.
[01:36:58.400 --> 01:37:03.400]  Apparently this is in Gonzales, Texas.
[01:37:03.400 --> 01:37:05.400]  Okay, Gonzales, okay.
[01:37:05.400 --> 01:37:07.400]  Apparently, yeah.
[01:37:07.400 --> 01:37:11.400]  All righty, well I'll let him know and I'll give him another call back. I'm
[01:37:11.400 --> 01:37:16.400]  trying to get everybody to have a meeting this Saturday or Sunday because
[01:37:16.400 --> 01:37:21.400]  basically they're worried for his safety and life right now.
[01:37:21.400 --> 01:37:28.400]  Well, the best way to protect that is to make it political. Put higher level
[01:37:28.400 --> 01:37:30.400]  officials on notice.
[01:37:30.400 --> 01:37:35.400]  Say you bring it to Travis County and file it with a Travis County district
[01:37:35.400 --> 01:37:42.400]  judge and he's most likely going to do some song and dance and refuse to take
[01:37:42.400 --> 01:37:44.400]  it and send you somewhere else.
[01:37:44.400 --> 01:37:50.400]  Then you go somewhere else with a complaint against the district judge so
[01:37:50.400 --> 01:37:55.400]  that if anybody says a word to you after that, then you come back and accuse
[01:37:55.400 --> 01:37:59.400]  the district judge of sending them after you because you filed against the
[01:37:59.400 --> 01:38:00.400]  district judge.
[01:38:00.400 --> 01:38:04.400]  And the district judge, when he gets accused, he's going to have a fit.
[01:38:04.400 --> 01:38:11.400]  And he's going to go after the people that got him accused. This is how you
[01:38:11.400 --> 01:38:13.400]  keep these guys off your behind.
[01:38:13.400 --> 01:38:14.400]  Okay.
[01:38:14.400 --> 01:38:20.400]  And if there's a district judge listening and he thinks that is wrong and
[01:38:20.400 --> 01:38:27.400]  just totally horrible that we would do that, sorry, Bubba, life is tough.
[01:38:27.400 --> 01:38:31.400]  You don't do your job, then you take what we give you.
[01:38:31.400 --> 01:38:39.400]  This is exactly. So a few more things. I'm going to run for mayor in Austin.
[01:38:39.400 --> 01:38:46.400]  One of my primary concerns is election fraud. And I've been preparing a group
[01:38:46.400 --> 01:38:51.400]  to help me work on a lawsuit regarding election fraud.
[01:38:51.400 --> 01:38:56.400]  Number one, being forced to have a technical expertise to understand the
[01:38:56.400 --> 01:38:58.400]  election is unconstitutional.
[01:38:58.400 --> 01:39:01.400]  The nation of Germany, with our same constitutions, has ruled that about
[01:39:01.400 --> 01:39:02.400]  three years ago.
[01:39:02.400 --> 01:39:08.400]  And number two, the ballots are not in a transparent form, which also the
[01:39:08.400 --> 01:39:11.400]  nation of Germany ruled was unconstitutional, therefore illegal.
[01:39:11.400 --> 01:39:17.400]  So I'll be following that lawsuit that was won in Germany against the nation
[01:39:17.400 --> 01:39:21.400]  of Germany on unconstitutional grounds of requiring a technical expertise
[01:39:21.400 --> 01:39:23.400]  and non-transparency.
[01:39:23.400 --> 01:39:28.400]  Whether I win or not, apparently I'll be running against three or four
[01:39:28.400 --> 01:39:32.400]  entrenched men involved with the development community.
[01:39:32.400 --> 01:39:38.400]  And I'll be able to raise all the issues I like, like green space, organic
[01:39:38.400 --> 01:39:45.400]  gardening, bicycles, cop watch, court watch, jail watch, and, you know,
[01:39:45.400 --> 01:39:46.400]  things like that.
[01:39:46.400 --> 01:39:49.400]  And I'm also going to be running as a 9-11 truther.
[01:39:49.400 --> 01:39:53.400]  I had some difficulties with a steering board here in Austin that represents
[01:39:53.400 --> 01:39:56.400]  the whole state, Techies for Accountable Government.
[01:39:56.400 --> 01:40:04.400]  And one of their directors was trying to censor 9-11 issues and also having
[01:40:04.400 --> 01:40:08.400]  some other money type issues coming up I was getting concerned about.
[01:40:08.400 --> 01:40:15.400]  So I'm still a member of that group, but it made me decide that I need to
[01:40:15.400 --> 01:40:20.400]  push 9-11 out as a more important issue and just not hide behind the
[01:40:20.400 --> 01:40:28.400]  libertarian flag, not trying to be a very cold politician.
[01:40:28.400 --> 01:40:29.400]  You know, I'm an activist.
[01:40:29.400 --> 01:40:30.400]  I'm an organizer.
[01:40:30.400 --> 01:40:31.400]  I'm a native austinite.
[01:40:31.400 --> 01:40:38.400]  And I'm going to take this opportunity as an empty nester to a candidacy and
[01:40:38.400 --> 01:40:44.400]  raise some of my personal issues on local issues and international.
[01:40:44.400 --> 01:40:46.400]  Wonderful.
[01:40:46.400 --> 01:40:51.400]  Let's do everything we can to get you elected.
[01:40:51.400 --> 01:40:56.400]  Well, you know, to have a lawsuit, which Mike and other friends of mine are
[01:40:56.400 --> 01:41:02.400]  willing to help me with regarding unconstitutional elections,
[01:41:02.400 --> 01:41:03.400]  I don't have to win.
[01:41:03.400 --> 01:41:05.400]  All I have to do is be damaged party.
[01:41:05.400 --> 01:41:10.400]  So as a citizen, apparently, the only effect I could have legally is what you
[01:41:10.400 --> 01:41:13.400]  would, is that what you call it, quiet time?
[01:41:13.400 --> 01:41:14.400]  Quiet time, yes.
[01:41:14.400 --> 01:41:19.400]  So it seems like the only other legal action I can take against the county or
[01:41:19.400 --> 01:41:21.400]  the city is a quiet time.
[01:41:21.400 --> 01:41:26.400]  Otherwise, I have to make myself a damaged party at the electronic election
[01:41:26.400 --> 01:41:29.400]  process by running for candidacy.
[01:41:29.400 --> 01:41:31.400]  Otherwise, apparently, I don't have a voice.
[01:41:31.400 --> 01:41:35.400]  How would I run a quiet time on this same issue?
[01:41:35.400 --> 01:41:43.400]  Well, if the governmental agency is receiving any federal funds and they are
[01:41:43.400 --> 01:41:51.400]  dispersing those funds in violation of any law, rule, or regulation,
[01:41:51.400 --> 01:41:54.400]  then you can file as a whistleblower.
[01:41:54.400 --> 01:41:57.400]  That's what quiet time goes to.
[01:41:57.400 --> 01:41:59.400]  So you're the whistleblower.
[01:41:59.400 --> 01:42:05.400]  You can take action against them directly to recover government funds,
[01:42:05.400 --> 01:42:07.400]  misappropriated funds.
[01:42:07.400 --> 01:42:13.400]  If the government chooses to pick up the case and they win, any funds they
[01:42:13.400 --> 01:42:16.400]  recover, you get 15% of.
[01:42:16.400 --> 01:42:24.400]  If they do not pick it up and you win, you get 25% of whatever you recover.
[01:42:24.400 --> 01:42:25.400]  Interesting.
[01:42:25.400 --> 01:42:27.400]  Have you ever seen a quiet time?
[01:42:27.400 --> 01:42:28.400]  Oh, there's lots of them.
[01:42:28.400 --> 01:42:32.400]  There's some big ones out there.
[01:42:32.400 --> 01:42:34.400]  You hear about them all the time.
[01:42:34.400 --> 01:42:39.400]  Anytime you hear about a whistleblower suit, that's what a whistleblower suit is.
[01:42:39.400 --> 01:42:40.400]  Okay.
[01:42:40.400 --> 01:42:45.400]  Well, maybe I'll call in tomorrow night or soon and let's go more into quiet
[01:42:45.400 --> 01:42:52.400]  time because I could maybe run that also parallel with a lawsuit regarding
[01:42:52.400 --> 01:42:55.400]  fraudulent elections or unconstitutional elections.
[01:42:55.400 --> 01:42:57.400]  So maybe I can do both.
[01:42:57.400 --> 01:43:03.400]  The unconstitutional election would go exactly to the quiet time if they
[01:43:03.400 --> 01:43:06.400]  need governmental funds to help them hold the election.
[01:43:06.400 --> 01:43:11.400]  Then it goes exactly to quiet time.
[01:43:11.400 --> 01:43:12.400]  Okay.
[01:43:12.400 --> 01:43:14.400]  Well, I'm excited.
[01:43:14.400 --> 01:43:19.400]  I'm going to probably eventually start having weekly fundraiser and lecture
[01:43:19.400 --> 01:43:21.400]  parties and meetings on a Friday night.
[01:43:21.400 --> 01:43:27.400]  I've come up with some real cool cap designs, t-shirt designs for the guys and
[01:43:27.400 --> 01:43:29.400]  some sexy t-shirts for the girls.
[01:43:29.400 --> 01:43:33.400]  It's going to be black on black, little t-shirts for the girls and a granny
[01:43:33.400 --> 01:43:34.400]  shirt for the guys.
[01:43:34.400 --> 01:43:37.400]  And I'm going to try to get a local poster artist.
[01:43:37.400 --> 01:43:40.400]  I've been talking to make a fabulous poster.
[01:43:40.400 --> 01:43:42.400]  So go for Mary.
[01:43:42.400 --> 01:43:43.400]  Okay.
[01:43:43.400 --> 01:43:45.400]  Thank you very much, Mary.
[01:43:45.400 --> 01:43:46.400]  All right.
[01:43:46.400 --> 01:43:47.400]  We're about to go to break.
[01:43:47.400 --> 01:43:51.400]  This is Randy Kelton, Deborah Stevens, Wheelbar Radio.
[01:43:51.400 --> 01:43:54.400]  We're about to go to our last break, so I'm not even going to give out the
[01:43:54.400 --> 01:43:55.400]  caller number.
[01:43:55.400 --> 01:43:56.400]  We've got a couple of calls.
[01:43:56.400 --> 01:43:59.400]  We'll be right back.
[01:43:59.400 --> 01:44:03.400]  You feel tired when talking about important topics like money and politics?
[01:44:03.400 --> 01:44:04.400]  Sorry.
[01:44:04.400 --> 01:44:07.400]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.400 --> 01:44:08.400]  What?
[01:44:08.400 --> 01:44:11.400]  If so, you may be diagnosed with the deadliest disease known today,
[01:44:11.400 --> 01:44:12.400]  stupidity.
[01:44:12.400 --> 01:44:16.400]  Hi, my name is Steve Holt, and like millions of other Americans, I was
[01:44:16.400 --> 01:44:18.400]  diagnosed with stupidity at an early age.
[01:44:18.400 --> 01:44:22.400]  I had no idea that the number one cause of the disease is found in almost
[01:44:22.400 --> 01:44:24.400]  every home in America, the television.
[01:44:24.400 --> 01:44:28.400]  Unfortunately, that puts most Americans at risk of catching stupidity,
[01:44:28.400 --> 01:44:29.400]  but there is hope.
[01:44:29.400 --> 01:44:32.400]  The staff at Brave New Books have helped me and thousands of other
[01:44:32.400 --> 01:44:35.400]  foxaholics suffering from sports zombieism recover.
[01:44:35.400 --> 01:44:38.400]  And because of Brave New Books, I now enjoy reading and watching
[01:44:38.400 --> 01:44:42.400]  educational documentaries without feeling tired or uninterested.
[01:44:42.400 --> 01:44:45.400]  So if you or anybody you know suffers from stupidity,
[01:44:45.400 --> 01:44:51.400]  then you need to call 512-480-2503 or visit them in 1904
[01:44:51.400 --> 01:44:54.400]  Guadalupe or bravenewbookstore.com.
[01:44:54.400 --> 01:44:56.400]  Side effects from using Brave New Books products may include discernment
[01:44:56.400 --> 01:45:00.400]  and enlarged vocabulary and an overall increase in mental functioning.
[01:45:00.400 --> 01:45:03.400]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.400 --> 01:46:23.400]  Music playing.
[01:46:23.400 --> 01:46:43.400]  Okay, we are back.
[01:46:43.400 --> 01:46:46.400]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:46:46.400 --> 01:46:50.400]  And Gary, you've got to follow Mary.
[01:46:50.400 --> 01:46:52.400]  Good luck.
[01:46:52.400 --> 01:46:53.400]  Hey, no problem.
[01:46:53.400 --> 01:46:59.400]  Randy, I've got a very, very good friend, good guy who has an adult son
[01:46:59.400 --> 01:47:07.400]  that I will describe as being kidnapped by the medical market.
[01:47:07.400 --> 01:47:16.400]  He was arrested in North Texas and determined by the authorities
[01:47:16.400 --> 01:47:19.400]  to have a mental disorder.
[01:47:19.400 --> 01:47:24.400]  And so they transported him, they dropped all charges against him
[01:47:24.400 --> 01:47:29.400]  and transported him to a hospital in the state capitol.
[01:47:29.400 --> 01:47:35.400]  And the father was told where he was taken.
[01:47:35.400 --> 01:47:43.400]  And what has happened since is that the son has apparently been moved
[01:47:43.400 --> 01:47:52.400]  to another hospital and they are refusing to tell the father where the son is
[01:47:52.400 --> 01:47:59.400]  and they are using the HIPAA law as the reason for not being able
[01:47:59.400 --> 01:48:01.400]  to disclose his location.
[01:48:01.400 --> 01:48:04.400]  Habeas corpus.
[01:48:04.400 --> 01:48:05.400]  What is this?
[01:48:05.400 --> 01:48:08.400]  Habeas corpus.
[01:48:08.400 --> 01:48:17.400]  Bring the body, the great rib, this goes directly to Habeas corpus.
[01:48:17.400 --> 01:48:22.400]  And would that be filed in the district court in Austin
[01:48:22.400 --> 01:48:25.400]  against the last known location?
[01:48:25.400 --> 01:48:33.400]  Yes, against the director of that location.
[01:48:33.400 --> 01:48:34.400]  Okay.
[01:48:34.400 --> 01:48:42.400]  If they think he has a mental disorder then the father needs to hire his own
[01:48:42.400 --> 01:48:51.400]  professional to do an evaluation and ask them to produce the evaluation
[01:48:51.400 --> 01:48:56.400]  for the professional that you hire.
[01:48:56.400 --> 01:48:57.400]  Okay.
[01:48:57.400 --> 01:49:01.400]  Send me an email, I'll send it to Dr. Vieth.
[01:49:01.400 --> 01:49:07.400]  Dr. Vieth doesn't do that kind of thing but I'm sure he can get you to some
[01:49:07.400 --> 01:49:09.400]  to the right person.
[01:49:09.400 --> 01:49:10.400]  Certainly.
[01:49:10.400 --> 01:49:16.400]  Could the template that you have for Tom DeLay on your site be used
[01:49:16.400 --> 01:49:20.400]  as a boilerplate for that action?
[01:49:20.400 --> 01:49:24.400]  No, not the Tom DeLay one.
[01:49:24.400 --> 01:49:32.400]  The Tom DeLay one goes to someone being held without a criminal complaint.
[01:49:32.400 --> 01:49:36.400]  This is being held for a mental disorder.
[01:49:36.400 --> 01:49:38.400]  That's totally different.
[01:49:38.400 --> 01:49:40.400]  We'll get a hold of Dr. Vieth.
[01:49:40.400 --> 01:49:48.400]  He can talk freely because he doesn't work in that particular area so he can tell
[01:49:48.400 --> 01:49:53.400]  you where to go and how to go about getting this done.
[01:49:53.400 --> 01:49:59.400]  There may be an internal procedure that you can use that we don't know about
[01:49:59.400 --> 01:50:04.400]  that doesn't necessarily go to a habeas.
[01:50:04.400 --> 01:50:16.400]  From talking to Dr. Vieth, if you file a complaint against these licensed
[01:50:16.400 --> 01:50:20.400]  medical professionals, it gets really serious for them.
[01:50:20.400 --> 01:50:27.400]  Unlike the Bar Association, the psychiatric boards and medical boards are
[01:50:27.400 --> 01:50:30.400]  a big deal.
[01:50:30.400 --> 01:50:35.400]  They take these things really serious.
[01:50:35.400 --> 01:50:42.400]  But then again, do you know this son personally?
[01:50:42.400 --> 01:50:44.400]  Yes, I do.
[01:50:44.400 --> 01:50:51.400]  Is there reason to believe that they're acting inappropriately?
[01:50:51.400 --> 01:50:59.400]  I don't like to automatically assume that our public officials are just
[01:50:59.400 --> 01:51:03.400]  horrible ogres because a lot of times I find that is not the case.
[01:51:03.400 --> 01:51:05.400]  Right, I agree.
[01:51:05.400 --> 01:51:11.400]  I had someone come to me once and a preacher came to him and told that he did
[01:51:11.400 --> 01:51:19.400]  ministry in the jail and this poor couple, the Child Protective Services was
[01:51:19.400 --> 01:51:23.400]  trying to take their kids from them.
[01:51:23.400 --> 01:51:25.400]  They were just mistreating them terribly.
[01:51:25.400 --> 01:51:35.400]  I said, Ken, before you send this preacher off raising a bunch of cane, ask
[01:51:35.400 --> 01:51:40.400]  the preacher to go talk to Child Protective Services.
[01:51:40.400 --> 01:51:44.400]  He came back to me a week or two later and he said, you're not as dumb as I
[01:51:44.400 --> 01:51:45.400]  thought.
[01:51:45.400 --> 01:51:46.400]  Thanks a lot.
[01:51:46.400 --> 01:51:50.400]  It turns out these two people had some serious issues.
[01:51:50.400 --> 01:51:55.400]  The preacher doing the ministry didn't understand that people who are in jail
[01:51:55.400 --> 01:52:03.400]  a lot, they get to where language doesn't mean anything.
[01:52:03.400 --> 01:52:05.400]  They just use language for effect.
[01:52:05.400 --> 01:52:09.400]  They'll say anything to get the outcome they want.
[01:52:09.400 --> 01:52:13.400]  He didn't understand that and he accepted what they said on his face and he
[01:52:13.400 --> 01:52:18.400]  found out that his children were in horrible jeopardy.
[01:52:18.400 --> 01:52:23.400]  You said something to the young lady previously and that is that you need to
[01:52:23.400 --> 01:52:30.400]  concentrate on what you know and not necessarily what you believe.
[01:52:30.400 --> 01:52:31.400]  Exactly.
[01:52:31.400 --> 01:52:33.400]  It's hard to do.
[01:52:33.400 --> 01:52:39.400]  Yes, really the facts right now, the only facts that are known is that the son
[01:52:39.400 --> 01:52:46.400]  was put into the hospital and suddenly he has disappeared and the
[01:52:46.400 --> 01:52:52.400]  administration is using the HIPAA laws as justification for not telling the
[01:52:52.400 --> 01:52:55.400]  father where his own son is at.
[01:52:55.400 --> 01:52:57.400]  That's all that's known.
[01:52:57.400 --> 01:52:59.400]  That is scary business and I agree.
[01:52:59.400 --> 01:53:01.400]  That is really scary business.
[01:53:01.400 --> 01:53:06.400]  The fact that they're not revealing where they're at and if Mary's still
[01:53:06.400 --> 01:53:13.400]  listening, she just helped someone with a lawyer with an issue of this type
[01:53:13.400 --> 01:53:19.400]  that she finally got out but man, it was a long time, it was difficult.
[01:53:19.400 --> 01:53:23.400]  So this you probably need to add quickly and I would definitely want to talk
[01:53:23.400 --> 01:53:26.400]  to a mental health professional.
[01:53:26.400 --> 01:53:28.400]  Right.
[01:53:28.400 --> 01:53:35.400]  He can give you some insight into the checks and balances that are available.
[01:53:35.400 --> 01:53:36.400]  Okay.
[01:53:36.400 --> 01:53:41.400]  I'll send you an email and I guess I'll put Dr. Veith in the subject line.
[01:53:41.400 --> 01:53:42.400]  Will that be okay?
[01:53:42.400 --> 01:53:45.400]  If I can get an email from you, I'll know what it's about.
[01:53:45.400 --> 01:53:46.400]  Okay.
[01:53:46.400 --> 01:53:47.400]  All right.
[01:53:47.400 --> 01:53:48.400]  I appreciate you.
[01:53:48.400 --> 01:53:49.400]  Thank you, Randy.
[01:53:49.400 --> 01:53:50.400]  All righty.
[01:53:50.400 --> 01:53:51.400]  Thank you.
[01:53:51.400 --> 01:53:52.400]  Thank you, Gary.
[01:53:52.400 --> 01:53:53.400]  Okay.
[01:53:53.400 --> 01:53:57.400]  Now we're going to go to Danny in Tennessee.
[01:53:57.400 --> 01:53:58.400]  Hey, Randy.
[01:53:58.400 --> 01:53:59.400]  How are you doing tonight?
[01:53:59.400 --> 01:54:01.400]  What do you have for us today?
[01:54:01.400 --> 01:54:04.400]  Are you starting more trouble down there and he'll be the man?
[01:54:04.400 --> 01:54:08.400]  Well, I was just thinking what you were saying there a while ago about using
[01:54:08.400 --> 01:54:12.400]  the annotations and the references and things.
[01:54:12.400 --> 01:54:13.400]  Uh-huh.
[01:54:13.400 --> 01:54:17.400]  And another thing, go a little bit further.
[01:54:17.400 --> 01:54:23.400]  Get the annotation and you go get the whole case and read that.
[01:54:23.400 --> 01:54:31.400]  In addition, if you're really interested in it, the pleadings they put in to get
[01:54:31.400 --> 01:54:36.400]  the decision that ended up in the annotations are public records so you can
[01:54:36.400 --> 01:54:40.400]  contact the court and get copies of the pleadings of both sides and see how
[01:54:40.400 --> 01:54:43.400]  they argued it back and forth.
[01:54:43.400 --> 01:54:50.400]  That is a great deal, but sometimes it's hard to come by because the briefs
[01:54:50.400 --> 01:54:56.400]  and pleadings aren't always put on PACER if they're federal.
[01:54:56.400 --> 01:55:02.400]  And if they're state, you will almost always have to go to the actual court to
[01:55:02.400 --> 01:55:05.400]  retrieve the records from the court.
[01:55:05.400 --> 01:55:08.400]  That's been the difficulty with that.
[01:55:08.400 --> 01:55:16.400]  Now, if you have Lexus, Lexus will generally have the pleadings, but unless
[01:55:16.400 --> 01:55:21.400]  you have a subscription, they generally want about 50 bucks a piece.
[01:55:21.400 --> 01:55:29.400]  Now, if you happen to be a law student and you have a student version of Lexus,
[01:55:29.400 --> 01:55:34.400]  that gives you access to everything.
[01:55:34.400 --> 01:55:37.400]  But otherwise, the briefs and pleadings, you're exactly right.
[01:55:37.400 --> 01:55:40.400]  The briefs and pleadings are great.
[01:55:40.400 --> 01:55:44.400]  I'm not so interested in seeing the case itself.
[01:55:44.400 --> 01:55:49.400]  I want to see the briefs, pleadings, or points and authorities, whatever they
[01:55:49.400 --> 01:55:50.400]  call it.
[01:55:50.400 --> 01:55:54.400]  That's what I want to see because that's where all your case study is.
[01:55:54.400 --> 01:55:56.400]  That's where all your good arguments are.
[01:55:56.400 --> 01:56:00.400]  And as a plagiarist, you don't have to make a lot of adjustments when you can
[01:56:00.400 --> 01:56:02.400]  find the briefs and pleadings.
[01:56:02.400 --> 01:56:07.400]  So for him, Billy, you're pretty smart there.
[01:56:07.400 --> 01:56:11.400]  Yeah, when I was down in Texas, I got some things.
[01:56:11.400 --> 01:56:16.400]  Well, I thought they were with the Court of Criminal Appeals, but it turns out
[01:56:16.400 --> 01:56:20.400]  the pleadings that go there go back to the Court of Appeals.
[01:56:20.400 --> 01:56:24.400]  So then I had to turn around and ask for them there, but they provided them.
[01:56:24.400 --> 01:56:33.400]  And one thing I found out in that, by getting the actual pleadings, which I
[01:56:33.400 --> 01:56:38.400]  didn't know you could do, they went to the Court of Criminal Appeals three
[01:56:38.400 --> 01:56:41.400]  times to finally get heard.
[01:56:41.400 --> 01:56:45.400]  And they got things, there are things turned around their way once they took
[01:56:45.400 --> 01:56:46.400]  it.
[01:56:46.400 --> 01:56:50.400]  Once they turned it down, that you could try it again.
[01:56:50.400 --> 01:56:57.400]  How did they get it heard a second time after they were turned down?
[01:56:57.400 --> 01:57:00.400]  Well, actually, it was the third time that they got it heard.
[01:57:00.400 --> 01:57:03.400]  Well, I'm not sure.
[01:57:03.400 --> 01:57:05.400]  Well, that's really interesting.
[01:57:05.400 --> 01:57:09.400]  And how you, that's not something, the appeal side is not something I'm very
[01:57:09.400 --> 01:57:11.400]  well versed on.
[01:57:11.400 --> 01:57:16.400]  So the fact that they filed an appeal and had it turned down, filed another
[01:57:16.400 --> 01:57:19.400]  one, and got to a third appeal.
[01:57:19.400 --> 01:57:21.400]  Well, not appeal.
[01:57:21.400 --> 01:57:23.400]  This is to the Court of Criminal Appeals.
[01:57:23.400 --> 01:57:31.400]  Was it a reconsideration or a third filing?
[01:57:31.400 --> 01:57:35.400]  Well, I guess, okay, it's not an area that I'm particularly knowledge of.
[01:57:35.400 --> 01:57:37.400]  Maybe somebody's familiar with the appeals process.
[01:57:37.400 --> 01:57:43.400]  But if you get denied by the Court of Appeals, can you petition for a
[01:57:43.400 --> 01:57:50.400]  reconsideration like you can in a trial court?
[01:57:50.400 --> 01:57:51.400]  No.
[01:57:51.400 --> 01:57:53.400]  Well, I'm not quite sure exactly what they did.
[01:57:53.400 --> 01:57:56.400]  But, you know, somewhere in there they mentioned that this was the third time
[01:57:56.400 --> 01:57:58.400]  that they had come up there.
[01:57:58.400 --> 01:58:03.400]  We'll have to look that up because that's great if you can go back to them
[01:58:03.400 --> 01:58:07.400]  for a second bite of that apple.
[01:58:07.400 --> 01:58:12.400]  Well, to read the rules for them, you know, they just turned it down without
[01:58:12.400 --> 01:58:14.400]  really looking at it.
[01:58:14.400 --> 01:58:15.400]  Okay, we're about to run out of time.
[01:58:15.400 --> 01:58:19.400]  I'll try to look that up before the next show.
[01:58:19.400 --> 01:58:23.400]  This is Brenda Kelton, Deborah Stevens, Rule of Law Radio.
[01:58:23.400 --> 01:58:28.400]  We'll be back tomorrow night with our four-hour info marathon,
[01:58:28.400 --> 01:58:31.400]  and we'll be taking calls all night.
[01:58:31.400 --> 01:58:35.400]  I want to start the show tomorrow going through some more of these legal
[01:58:35.400 --> 01:58:41.400]  readings to get you familiar with how legal documents are worded.
[01:58:41.400 --> 01:58:45.400]  So tune in, give us a call, ask us hard questions.
[01:58:45.400 --> 01:58:50.400]  Thank you for listening, and good night.
[01:58:50.400 --> 01:58:55.400]  Bibles for America is offering absolutely free a unique study Bible
[01:58:55.400 --> 01:58:58.400]  called the New Testament Recovery Version.
[01:58:58.400 --> 01:59:02.400]  The New Testament Recovery Version has over 9,000 footnotes that explain
[01:59:02.400 --> 01:59:06.400]  what the Bible says verse by verse, helping you to know God
[01:59:06.400 --> 01:59:08.400]  and to know the meaning of life.
[01:59:08.400 --> 01:59:11.400]  Order your free copy today from Bibles for America.
[01:59:11.400 --> 01:59:20.400]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.400 --> 01:59:24.400]  This translation is highly accurate and it comes with over 13,000
[01:59:24.400 --> 01:59:30.400]  cross references, plus charts and maps and an outline for every book of the Bible.
[01:59:30.400 --> 01:59:32.400]  This is truly a Bible you can understand.
[01:59:32.400 --> 01:59:35.400]  To get your free copy of the New Testament Recovery Version,
[01:59:35.400 --> 01:59:40.400]  call us toll free at 888-551-0102.
[01:59:40.400 --> 01:59:49.400]  That's 888-551-0102 or visit us online at bfa.org.
[01:59:49.400 --> 02:00:11.400]  You're listening to the Logos Radio Network at logosradionetwork.com.