ROL_2014-06-12_16k.timecode
[00:00.000 --> 00:07.280] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.280 --> 00:08.280] at thelibertybeat.com.
[00:08.280 --> 00:13.000] I'm Brian Hagan, with your Liberty Beat for Thursday, June 12, 2014.
[00:13.000 --> 00:21.120] Gold opened today at $1,264, silver opened at $19.27, and Bitcoin is trading at $6.2641.
[00:21.120 --> 00:24.760] Support for the Liberty Beat comes from Voice and Exit, maximizing human flourishing through
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[00:27.240 --> 00:29.280] Get 10% off with promo code FREEDOM.
[00:29.280 --> 00:31.360] It's June 21 at Austin Music Hall.
[00:31.360 --> 00:32.360] Get yours.
[00:32.360 --> 00:33.360] VoiceandExit.com.
[00:33.360 --> 00:38.160] And support comes from Accountable Authority, now offering a public database of police abuse
[00:38.160 --> 00:42.680] and misconduct, online at AccountableAuthority.com.
[00:42.680 --> 00:47.040] In the news, supporters, neighbors, and family members gathered at a memorial honoring the
[00:47.040 --> 00:52.820] 27-year-old Florida MMA fighter who was executed by the FBI last year for his alleged connection
[00:52.820 --> 00:56.240] to Boston bomber suspect Tamerlane Sarniam.
[00:56.240 --> 01:01.760] Abraham Todashev was shot seven times in his Orlando condo during a final round of interrogation
[01:01.760 --> 01:06.960] by FBI officials, all of whom have been cleared of any wrongdoing in the killing.
[01:06.960 --> 01:10.400] Investigative reporter Julie Wilson attended the memorial and spoke to nearby residents
[01:10.400 --> 01:13.720] who doubt the FBI's narrative of what happened that late summer night.
[01:13.720 --> 01:16.720] When I heard about the investigations, I was just a sham.
[01:16.720 --> 01:17.720] OPD don't want to get involved.
[01:17.720 --> 01:18.720] I always thought the FBI was straight up.
[01:18.720 --> 01:26.520] When I heard that he unloaded seven shots on this guy, it could have been a personal
[01:26.520 --> 01:27.520] thing.
[01:27.520 --> 01:28.520] They don't even release the guy's name.
[01:28.520 --> 01:32.560] Usually they got the cop's name or the agent's name, no names.
[01:32.560 --> 01:37.680] For the complete story, go to thelibertymeet.com.
[01:37.680 --> 01:41.160] On Tuesday, the Supreme Court ruled that police officers may enter and search a home without
[01:41.160 --> 01:44.760] a warrant, as long as one occupant gives consent.
[01:44.760 --> 01:48.760] Between six to three, the court gives law enforcement greater authority to search homes,
[01:48.760 --> 01:51.680] even when an occupant has previously denied entry.
[01:51.680 --> 01:55.680] Justice Samuel Alito Jr. said police officers do not need to wait for magistrate approval
[01:55.680 --> 01:57.440] before entering a home.
[01:57.440 --> 02:01.440] The dissenting judges warned the ruling would erode Fourth Amendment protections from warrantless
[02:01.440 --> 02:04.960] home searches.
[02:04.960 --> 02:10.220] Google acquires Skybox, a company that provides high-res photos and video using low-cost satellites
[02:10.220 --> 02:14.640] for $500 million, extending their reach far beyond the Internet.
[02:14.640 --> 02:19.280] Skybox transforms mass quantities of unstructured data into revenue-generating insights, streaming
[02:19.280 --> 02:21.400] aerial imagery straight to Google.
[02:21.400 --> 02:25.400] The captured aerial imagery is beneficial for a variety of industries, including companies
[02:25.400 --> 02:29.800] tracking cars in parking lots to predict retail forecasts.
[02:29.800 --> 02:32.280] Support for the Liberty Beat comes from My Magic Mud.
[02:32.280 --> 02:36.320] All-natural teeth whitener, go to mymagicmud.com to hear a short interview with Dr. Griffin
[02:36.320 --> 02:37.320] Cole.
[02:37.320 --> 02:39.040] That's mymagicmud.com.
[02:39.040 --> 02:43.500] And support comes from Brave New Books, now offering pro-pure water filtration, the only
[02:43.500 --> 02:47.880] gravity-driven all-in-one fluoride removal system that also alkalizes the water.
[02:47.880 --> 02:52.800] Find them in Austin, 1904 Guadalupe Street, or online, bravenewbooksstore.com.
[02:52.800 --> 02:56.600] This is the Liberty Beat for Thursday, June 12, 2014.
[02:56.600 --> 03:22.680] Check out the website at thelibertybeat.com.
[03:27.200 --> 03:30.200] Bad boys, bad boys, whatcha gonna do?
[03:30.200 --> 03:32.600] Whatcha gonna do when they come for you?
[03:32.600 --> 03:35.600] Bad boys, bad boys, whatcha gonna do?
[03:35.600 --> 03:38.200] Whatcha gonna do when they come for you?
[03:38.200 --> 03:43.800] When you were eight and you had bad dreams, you'd go to school and learn the golden rules.
[03:43.800 --> 03:46.600] So why are you acting like a bloody fool?
[03:46.600 --> 03:49.200] If you get hot, then you must get cool.
[03:49.200 --> 03:52.000] Bad boys, bad boys, whatcha gonna do?
[03:52.000 --> 03:54.600] Whatcha gonna do when they come for you?
[03:54.600 --> 03:57.600] Bad boys, bad boys, whatcha gonna do?
[03:57.600 --> 04:00.400] Whatcha gonna do when they come for you?
[04:00.400 --> 04:03.200] You chuck it on that one, you chuck it on this one.
[04:03.200 --> 04:05.600] You chuck it on your mother and you chuck it on your father.
[04:05.600 --> 04:08.600] You chuck it on your brother and you chuck it on your sister.
[04:08.600 --> 04:10.600] You chuck it on that one and you chuck it on me.
[04:10.600 --> 04:13.600] Bad boys, bad boys, whatcha gonna do?
[04:13.600 --> 04:16.600] Whatcha gonna do when they come for you?
[04:16.600 --> 04:19.200] Bad boys, bad boys, whatcha gonna do?
[04:19.200 --> 04:22.000] Whatcha gonna do when they come for you?
[04:22.000 --> 04:30.800] The consolation is just pretty good music.
[04:30.800 --> 04:31.800] There we go.
[04:31.800 --> 04:32.800] Okay.
[04:32.800 --> 04:33.800] Now it's coming down.
[04:33.800 --> 04:34.800] Okay.
[04:34.800 --> 04:43.680] This is Randy Kelton, Deborah Stevens, root of our radio on this Thursday, June the 12th,
[04:43.680 --> 04:46.360] 2014.
[04:46.360 --> 04:52.240] We have a caller on the line already, but I'm going to go to some content that I wanted
[04:52.240 --> 04:55.800] to get to before we go to callers.
[04:55.800 --> 05:02.400] Last Friday, I was reading from O'Connor's Causes of Action.
[05:02.400 --> 05:11.560] Today, I'm going to read from O'Connor's Federal Rules for Civil Trials.
[05:11.560 --> 05:18.240] And in the front of it, as in the front of most of these, it is a practice guide.
[05:18.240 --> 05:30.360] So it has some basic tips on how to put together complaints, how to actually use the tools
[05:30.360 --> 05:31.360] we have available.
[05:31.360 --> 05:35.520] I'm going to start with this thing on general rules.
[05:35.520 --> 05:46.160] Primarily, I want to read this because a lot of us, we never really read the codes.
[05:46.160 --> 05:54.640] And if we try to write something without having read the codes and other pleadings and case
[05:54.640 --> 06:04.160] law and commentaries, we don't really have a feel for how law is structured, how legal
[06:04.160 --> 06:09.480] ease is different than normal conversation.
[06:09.480 --> 06:13.880] So I'm going to start here with Pleading and Motion Practice.
[06:13.880 --> 06:19.120] See, this is the practice guide that tells you how to use it.
[06:19.120 --> 06:23.560] Rules, Federal Rules, Civil Procedure 5 through 15.
[06:23.560 --> 06:25.680] Let's see.
[06:25.680 --> 06:33.820] Pleadings communicate the nature of the lawsuit, define and shape the issues, furnish a basis
[06:33.820 --> 06:38.600] for evidence and provide a foundation for res judicata.
[06:38.600 --> 06:43.960] Res judicata means something's already been adjudicated.
[06:43.960 --> 06:49.040] It provides a foundation for when you get a ruling.
[06:49.040 --> 06:54.080] It provides the foundation for the ruling so that you can go back to the ruling later
[06:54.080 --> 06:55.480] and it will stand up.
[06:55.480 --> 06:57.480] Pleading Practice.
[06:57.480 --> 07:00.360] Pleadings are different from motions and other papers.
[07:00.360 --> 07:07.120] A pleading sets forth either an affirmative claim for relief or a response to a claim
[07:07.120 --> 07:09.040] for relief.
[07:09.040 --> 07:13.880] The types of pleadings that are permitted in the federal system are the following.
[07:13.880 --> 07:20.800] A complaint, an answer, a counterclaim, an answer to a counterclaim, a cross claim, an
[07:20.800 --> 07:27.960] answer to a cross claim, a third party complaint, an answer to a third party complaint, a reply
[07:27.960 --> 07:35.120] to an answer if the court ordered.
[07:35.120 --> 07:43.880] Nothing else qualifies as a pleading under the federal rules under Maldonado v. Dominguez.
[07:43.880 --> 07:45.360] Drafting Pleadings.
[07:45.360 --> 07:46.720] Form.
[07:46.720 --> 07:51.880] When drafting pleadings, the party should comply with the federal and local rules.
[07:51.880 --> 07:56.240] General rules of the form of pleadings can be found in the Federal Rules of Civil Procedure
[07:56.240 --> 07:58.320] 8-10.
[07:58.320 --> 08:03.920] Local rules also have specific requirements for pleadings such as designation of jury
[08:03.920 --> 08:12.420] or assigned judge in the caption, paper size, paper quality, placement of staple, number
[08:12.420 --> 08:13.420] of hole punches.
[08:13.420 --> 08:17.880] Let me back up to placement of staple.
[08:17.880 --> 08:26.320] Let's talk to a lawyer recently who went into Judge McBride's court, federal judge in Fort
[08:26.320 --> 08:33.880] Worth, and it was a criminal case and the prosecutor was sanctioned for putting a staple
[08:33.880 --> 08:36.280] in the wrong place.
[08:36.280 --> 08:41.080] So sometimes they get really picky.
[08:41.080 --> 08:46.000] Number of hole punches, spacing, pagination, and binding materials.
[08:46.000 --> 08:52.520] However, a party cannot lose rights because of an unintentional failure to comply with
[08:52.520 --> 08:57.000] local rules that relate only to form.
[08:57.000 --> 09:01.200] I'm jumping over some of the case law.
[09:01.200 --> 09:08.440] Failure to comply with the rule of form should not deprive party of right to jury trial.
[09:08.440 --> 09:11.680] Citron v. Union Pacific Railroad.
[09:11.680 --> 09:16.320] Being presented for filing without punched holes and cover sheets should not have been
[09:16.320 --> 09:21.560] dismissed as untimely.
[09:21.560 --> 09:23.880] Civil cover sheet.
[09:23.880 --> 09:29.440] Most local rules require the complainant to be accompanied by a completed civil cover
[09:29.440 --> 09:30.680] sheet.
[09:30.680 --> 09:36.280] The cover sheet is an administrative document designed to facilitate the court's management
[09:36.280 --> 09:41.600] of the case, Wal-Vee National Railroad Passenger Court.
[09:41.600 --> 09:48.480] The cover sheet does not need to accompany any pleading other than the complaint.
[09:48.480 --> 09:54.000] A copy of the cover sheet can be obtained from the court clerk's office or in some cases
[09:54.000 --> 09:55.840] the court's website.
[09:55.840 --> 09:57.840] A caption.
[09:57.840 --> 10:00.920] Every pleading must contain a caption.
[10:00.920 --> 10:02.560] Federal Rules of Civil Procedure 10A.
[10:02.560 --> 10:09.440] The caption must include the court's name, title with all the parties, names, a file
[10:09.440 --> 10:18.880] number and Federal Rules of Civil Procedure 7A designation, whatever that is.
[10:18.880 --> 10:19.880] File number.
[10:19.880 --> 10:23.480] The caption of every pleading must contain the correct file number.
[10:23.480 --> 10:25.680] Federal Rules of Civil Procedure 10.
[10:25.680 --> 10:31.480] The clerk assigns a file number to a lawsuit when it is first filed and an incorrect file
[10:31.480 --> 10:36.480] number may be resolved in the document becoming lost or misplaced in the clerk's office.
[10:36.480 --> 10:42.280] Generally, when you make up an original pleading, it doesn't have a case number on it, but you
[10:42.280 --> 10:46.200] provide a place to write in the case number.
[10:46.200 --> 10:53.840] You can just put case number and then an underline because anything handwritten on a document
[10:53.840 --> 11:00.240] takes precedence over anything printed on a document.
[11:00.240 --> 11:01.960] You can just write it in there.
[11:01.960 --> 11:05.640] Okay, I'm going to keep going a little more.
[11:05.640 --> 11:06.640] Designation.
[11:06.640 --> 11:11.320] The caption of every pleading must contain a designation.
[11:11.320 --> 11:15.160] The designation is the label for the pleading.
[11:15.160 --> 11:17.600] For instance, defendant's original answer.
[11:17.600 --> 11:26.920] However, there is case law that says that the document is not governed by the caption.
[11:26.920 --> 11:37.160] The document is what it is and will be treated as to the content and will not be affected
[11:37.160 --> 11:40.360] by a mistitle.
[11:40.360 --> 11:41.360] Correct designation.
[11:41.360 --> 11:46.000] The party should designate pleadings in a manner useful for the court, the clerk and
[11:46.000 --> 11:47.120] the lawyers.
[11:47.120 --> 11:50.800] The designation should be concise and direct.
[11:50.800 --> 12:03.440] The designation should always include the name of the party filing the pleading and
[12:03.440 --> 12:08.600] the type of pleading, plaintiff's original complaint, for example, plaintiff's original
[12:08.600 --> 12:09.600] complaint.
[12:09.600 --> 12:14.920] If there are multiple parties, the designation should also include an abbreviated name for
[12:14.920 --> 12:19.560] the party, defendant ACB's original answer.
[12:19.560 --> 12:25.800] Okay, as an example, if a pleading has been filed before, the designation should indicate
[12:25.800 --> 12:32.680] the version of the pleading, for instance, plaintiff's second amended complaint.
[12:32.680 --> 12:33.680] Incorrect designation.
[12:33.680 --> 12:38.280] If a party makes an error in the designation of a pleading, the court will usually treat
[12:38.280 --> 12:43.120] the pleading as if it had been properly designated.
[12:43.120 --> 12:50.080] If affirmative defense is mistakenly designated as counterclaim, court must treat it as if
[12:50.080 --> 12:54.680] properly designated when justice so requires.
[12:54.680 --> 12:56.920] McDonald v. Delaware.
[12:56.920 --> 12:59.760] The improperly designated complaint was sufficient.
[12:59.760 --> 13:07.880] It was served on defendant and alleged sufficient facts to put defendant on notice.
[13:07.880 --> 13:10.240] Because the document was not properly designated.
[13:10.240 --> 13:15.280] What I'm reading here are annotations.
[13:15.280 --> 13:23.260] Annotations if you're ever reading like statutes, if you can find annotated statutes.
[13:23.260 --> 13:32.680] The annotations is the case law that explains how the statute is to be applied.
[13:32.680 --> 13:35.800] Okay, moving on along.
[13:35.800 --> 13:36.800] Statement of jurisdiction.
[13:36.800 --> 13:42.760] The complaint must contain a short and plain statement of jurisdiction.
[13:42.760 --> 13:47.240] See Gardner v. American Title Company.
[13:47.240 --> 13:51.760] Other pleadings filed after the complaint do not require a statement of jurisdiction
[13:51.760 --> 13:57.940] unless a new jurisdictional ground is necessary to support a claim.
[13:57.940 --> 14:08.880] We talk about using the forms provided in the practice guides.
[14:08.880 --> 14:18.160] Like you have O'Connor's civil forms, you have O'Connor's cause of action pleadings.
[14:18.160 --> 14:22.080] They're essentially filling the blank documents.
[14:22.080 --> 14:30.720] But the important part about them is that the documents themselves contain case law.
[14:30.720 --> 14:34.800] Like here we spoke to the section on jurisdiction.
[14:34.800 --> 14:41.840] When the court looks at a document and it looks like the document every other lawyer
[14:41.840 --> 14:50.040] has given him because they're all using essentially the same format, when he sees jurisdiction,
[14:50.040 --> 14:55.600] he sees the same case law he's seen a hundred times or more than that, he doesn't have
[14:55.600 --> 14:57.160] to pay any attention to it.
[14:57.160 --> 14:58.960] Actually, he won't even read it.
[14:58.960 --> 15:02.040] He'll just see it and move along.
[15:02.040 --> 15:11.200] If you're a pro se and you create your own case law for jurisdiction and the judge sees
[15:11.200 --> 15:20.000] it, he is not going to be a happy camper because now you're forcing him to read case law that
[15:20.000 --> 15:24.840] may or not be on point, that he's not seen before.
[15:24.840 --> 15:26.400] He's going to have to go look it up.
[15:26.400 --> 15:31.120] He's going to have to pull out the copy you attached and read the case law when if you
[15:31.120 --> 15:36.960] just used what everybody else uses, he could just skip over it and get to the salient part
[15:36.960 --> 15:43.120] of the document and not have to waste his time on all this other stuff that's essentially
[15:43.120 --> 15:44.280] the same in every document.
[15:44.280 --> 15:45.560] I hope that makes sense.
[15:45.560 --> 15:53.280] And it is really, really important that we as pro se do not craft documents from scratch
[15:53.280 --> 15:56.200] if we can't avoid it.
[15:56.200 --> 16:01.360] Always get the fill in the blank from the litigation guide.
[16:01.360 --> 16:10.220] It has select your paragraph or fill in the blank and only put in your information where
[16:10.220 --> 16:18.320] you're filling in a blank or adding an issue that's not included in the original document.
[16:18.320 --> 16:19.960] I hope that part makes sense to you.
[16:19.960 --> 16:24.560] Okay, numbered paragraphs, a lot of this I won't go through, we're going to, we're coming
[16:24.560 --> 16:25.560] up to break.
[16:25.560 --> 16:29.000] When I come back on the other side, we have a caller.
[16:29.000 --> 16:34.880] But after the caller, I'm going to go to some other sections here that talk about how to
[16:34.880 --> 16:44.560] effectively craft your documents so that they'll be consistent and you'll get a better read
[16:44.560 --> 16:45.560] from the court.
[16:45.560 --> 16:53.560] This is Randy Kelton, Debra Stevens, Rule of Law Radio, calling number 512-646-1984.
[16:53.560 --> 17:00.760] We'll be right back.
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[19:00.040 --> 19:17.280] You are listening to the Logos Radio Network, l-l-l-logosradio.com.
[19:17.280 --> 19:43.840] Okay, we are back.
[19:43.840 --> 19:52.600] And I guess you guys really got tired quick of me reading the book because we got a whole
[19:52.600 --> 19:55.280] stack of callers all of a sudden.
[19:55.280 --> 19:58.080] And I'm going to go to Elizabeth in Florida.
[19:58.080 --> 20:02.040] Hello, Elizabeth, what do you have for us today?
[20:02.040 --> 20:11.640] Well, I was convicted of a crime in a court about two years ago.
[20:11.640 --> 20:14.120] There were no witnesses present.
[20:14.120 --> 20:18.720] I never signed the contract tickets, never.
[20:18.720 --> 20:25.240] I was tortured in a chair, strapped into a chair with my hands handcuffed behind me,
[20:25.240 --> 20:31.240] my head tied back, my legs tied down and my arms tied down for three and a half hours
[20:31.240 --> 20:36.480] by police officers in an attempt to get me to sign those tickets.
[20:36.480 --> 20:43.720] But I refused because I had heard the police officer approaching me in the dark say, this
[20:43.720 --> 20:52.880] is that F-A-B-I-T-C-H who won an appellate court ruling against the city of Daytona Beach.
[20:52.880 --> 20:54.880] Actually, I've won two of them.
[20:54.880 --> 21:00.480] I, for a women's rights stand that I made a few years ago in Daytona Beach.
[21:00.480 --> 21:08.240] Well, I knew when I heard him say that, that this guy was out for blood and they charged
[21:08.240 --> 21:10.240] me with a DUI.
[21:10.240 --> 21:11.240] I was not drunk.
[21:11.240 --> 21:12.240] I was not drinking.
[21:12.240 --> 21:19.280] He said, oh my, what they wrote on the ticket was that I wiggled within my own lane.
[21:19.280 --> 21:25.240] I had a brand new Jeep and I had gone from a little firebird, automatic firebird to a
[21:25.240 --> 21:26.240] standard Jeep.
[21:26.240 --> 21:29.080] I'd only had it for probably less than a week.
[21:29.080 --> 21:33.960] Okay, wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, hold on, hold on.
[21:33.960 --> 21:39.080] We probably don't need all of the details.
[21:39.080 --> 21:40.520] You were charged with DUI.
[21:40.520 --> 21:46.000] Did they do a blood test or a breathalyzer test?
[21:46.000 --> 21:47.680] No.
[21:47.680 --> 21:50.680] Did they prosecute you for DUI?
[21:50.680 --> 21:55.080] Yes, they did and convicted.
[21:55.080 --> 22:00.280] Okay, there's a whole lot going on here then.
[22:00.280 --> 22:01.280] Okay.
[22:01.280 --> 22:05.480] What are you calling to ask?
[22:05.480 --> 22:15.320] Well, I'm frightened because, okay, this judge, there were no police officers present in the
[22:15.320 --> 22:16.320] crime.
[22:16.320 --> 22:17.320] There were no witnesses there.
[22:17.320 --> 22:18.320] Okay.
[22:18.320 --> 22:24.800] She had no evidence against me whatsoever and I had no legal...
[22:24.800 --> 22:25.800] Hold on.
[22:25.800 --> 22:26.800] Did you...
[22:26.800 --> 22:27.800] ...represent me?
[22:27.800 --> 22:28.800] I've been through...
[22:28.800 --> 22:29.800] Wait a minute.
[22:29.800 --> 22:30.800] Wait a minute.
[22:30.800 --> 22:31.800] Hold on.
[22:31.800 --> 22:33.800] You're just talking about stuff.
[22:33.800 --> 22:36.600] Where are you going?
[22:36.600 --> 22:40.960] So I know kind of, I need some referential in-depth.
[22:40.960 --> 22:44.560] You're telling me all the bad things that happened.
[22:44.560 --> 22:46.600] Have you filed an appeal?
[22:46.600 --> 22:48.800] No.
[22:48.800 --> 22:51.240] How long ago was the hearing?
[22:51.240 --> 22:54.480] Well, I'm due to go back in.
[22:54.480 --> 22:59.880] I was arrested for driving unassisted about a week ago.
[22:59.880 --> 23:00.880] No, wait.
[23:00.880 --> 23:01.880] You didn't answer my question.
[23:01.880 --> 23:02.880] I'm back in front of...
[23:02.880 --> 23:03.880] Hold on.
[23:03.880 --> 23:04.880] You have to answer my question.
[23:04.880 --> 23:05.880] You were convicted.
[23:05.880 --> 23:06.880] When were you convicted?
[23:06.880 --> 23:07.880] Three years ago.
[23:07.880 --> 23:08.880] Okay.
[23:08.880 --> 23:09.880] It's too late to do it.
[23:09.880 --> 23:10.880] Way too late to do anything about that.
[23:10.880 --> 23:11.880] That you can't fix.
[23:11.880 --> 23:12.880] Yeah.
[23:12.880 --> 23:13.880] Even if there was judicial misconduct.
[23:13.880 --> 23:14.880] Yeah.
[23:14.880 --> 23:21.880] Even if there was judicial misconduct, you had two years.
[23:21.880 --> 23:25.480] If it's false imprisonment, in Texas you got one year.
[23:25.480 --> 23:33.680] But one thing you have to understand, the trial court is only there for the purpose
[23:33.680 --> 23:37.160] of setting the record for appeal.
[23:37.160 --> 23:43.600] Your real remedy was in the appeals court or in a motion to set aside for lack of evidence.
[23:43.600 --> 23:46.440] Have you ever heard of a guy named Tom DeLay?
[23:46.440 --> 23:48.440] I've heard the name, yes.
[23:48.440 --> 23:56.480] Speaker of the House, taken out by Ron Earl, never was charged with a crime.
[23:56.480 --> 23:58.840] I filed a habeas corpus in his behalf.
[23:58.840 --> 24:07.520] He threw me out of the courtroom, convicted him, he filed an appeal, and the court granted
[24:07.520 --> 24:13.160] the appeal and dismissed the case because there was no evidence.
[24:13.160 --> 24:19.640] He was in a democratic court, the prosecutor that accused him was a democrat, the judge
[24:19.640 --> 24:22.240] was a democrat, he was a republican.
[24:22.240 --> 24:25.240] This was purely political.
[24:25.240 --> 24:28.880] They convicted him, put him in jail, he appealed.
[24:28.880 --> 24:35.120] The appeals court not only overturned, they dismissed.
[24:35.120 --> 24:40.560] Your remedy is always in the court of appeals.
[24:40.560 --> 24:44.680] Never expect the trial judge to rule in your favor.
[24:44.680 --> 24:51.960] Always expect the trial judge to be absolutely, completely, and totally corrupt, and don't
[24:51.960 --> 24:55.120] be surprised when he is.
[24:55.120 --> 25:00.400] It may not be right, but that's how it works in the world we live in.
[25:00.400 --> 25:03.920] Judges have been corrupt.
[25:03.920 --> 25:09.200] Judges have been corrupt since we've had... Okay, wait, wait, wait, Kate, we can't both talk
[25:09.200 --> 25:17.760] at the same time because if I'm talking, your voice is pushed down below mine, but you have
[25:17.760 --> 25:21.120] to shift gears when you go into court.
[25:21.120 --> 25:25.400] You go to school and they teach you about all these great and wonderful rights we have
[25:25.400 --> 25:29.120] and these wonderful fair courts that we have.
[25:29.120 --> 25:35.120] We got guaranteed to a fair and public trial, and we expect a fair and public trial.
[25:35.120 --> 25:36.840] Forget that nonsense.
[25:36.840 --> 25:40.560] That is propaganda, it is not true.
[25:40.560 --> 25:44.240] Okay, maybe it is true.
[25:44.240 --> 25:50.000] Maybe you can go into court and actually get a fair hearing, but it would behoove you to
[25:50.000 --> 25:55.480] act as if you will never get a fair hearing in court.
[25:55.480 --> 25:57.440] Always prepare for appeal.
[25:57.440 --> 26:06.280] Your only purpose going to court is to get the facts in evidence and the law before the
[26:06.280 --> 26:08.120] court.
[26:08.120 --> 26:10.080] That's it.
[26:10.080 --> 26:15.480] The judge's only purpose in the trial court is to determine the facts in accordance with
[26:15.480 --> 26:22.820] the rules of evidence and apply the law as it comes to him to the facts in the case.
[26:22.820 --> 26:25.160] Anything else is extra.
[26:25.160 --> 26:33.400] If it's not administrative, it's beyond administrative, then you go after the judge for misconduct.
[26:33.400 --> 26:37.040] Forget about getting a fair trial.
[26:37.040 --> 26:44.160] It happens sometimes, and if it does happen and you have prepared yourself for a totally
[26:44.160 --> 26:49.700] corrupt judge and you get one that's not, so much the better for you.
[26:49.700 --> 26:54.520] With all that said, much too late to do anything about the conviction.
[26:54.520 --> 26:58.040] What is happening now?
[26:58.040 --> 27:08.640] And now I'm facing a driving unassisted suspended, and I go into my 15th.
[27:08.640 --> 27:12.120] You need to call in on Monday.
[27:12.120 --> 27:17.520] Eddie Craig is our traffic guy, and because he is the traffic guy, I kind of stay out
[27:17.520 --> 27:18.520] of traffic.
[27:18.520 --> 27:28.000] All I'll do is give you bad advice, but that's all he does is traffic, and he'll have your
[27:28.000 --> 27:29.280] a lot of remedy.
[27:29.280 --> 27:34.040] But when you go to court, keep in mind, don't let these guys get you frazzled.
[27:34.040 --> 27:36.920] You don't care what that chump does.
[27:36.920 --> 27:41.020] All you're doing is setting the record for appeal.
[27:41.020 --> 27:46.040] Make up a statement of facts and file it in the record, and ask the court to take judicial
[27:46.040 --> 27:52.820] notice of the facts, and any facts he doesn't want to take judicial notice of, let the prosecution
[27:52.820 --> 28:00.320] raise an objection to it, and register the objection still all goes to the court of appeals.
[28:00.320 --> 28:07.120] And then do your homework, Eddie can help you do the homework, and bring the law as
[28:07.120 --> 28:10.800] it applies to the facts, and put it before the court.
[28:10.800 --> 28:17.600] Now, if this is a traffic, all the judge cares about is making money.
[28:17.600 --> 28:20.560] He could care less about what the law says.
[28:20.560 --> 28:23.760] He could care less about the right of things or justice.
[28:23.760 --> 28:28.160] He only cares about making money for the jurisdiction.
[28:28.160 --> 28:32.360] So he's going to rule against you no matter what you do.
[28:32.360 --> 28:33.360] Don't care.
[28:33.360 --> 28:38.200] You're just there to set the record for appeal.
[28:38.200 --> 28:45.160] Once he realizes that's what you're doing, if there's a way you're going to get a fair
[28:45.160 --> 28:53.120] hearing, that's how you'll do it, is when he realizes you're just making the record
[28:53.120 --> 29:01.280] for appeal, he's likely not to want the appeals court to land on him too hard.
[29:01.280 --> 29:07.800] And you might keep judicial conduct complaints and bar grievances in mind.
[29:07.800 --> 29:10.240] They're a great pastime.
[29:10.240 --> 29:12.600] They do work well in Florida.
[29:12.600 --> 29:16.640] We have some people filing them in Florida, and these guys get real excited when you start
[29:16.640 --> 29:17.640] filing against them.
[29:17.640 --> 29:18.640] And the point...
[29:18.640 --> 29:19.640] Good.
[29:19.640 --> 29:20.640] Okay.
[29:20.640 --> 29:21.640] Yeah.
[29:21.640 --> 29:22.640] It's all politics.
[29:22.640 --> 29:33.080] I know it shouldn't be all politics, but everything's political and all politics is local.
[29:33.080 --> 29:38.920] You want to make them so they don't ever want to see you in that court again.
[29:38.920 --> 29:44.760] But call in to Eddie's show on Monday, he can give you specifics on how to handle this,
[29:44.760 --> 29:47.920] and primarily he'll go to the Right to Travel.
[29:47.920 --> 29:48.920] Okay.
[29:48.920 --> 29:49.920] We're about to go to break.
[29:49.920 --> 29:55.080] Randy Kelton, Deborah Stevens, Real Bar Radio, I'll call in number 512-646-1984, we'll be
[29:55.080 --> 30:04.080] right back.
[30:04.080 --> 30:10.280] China has nearly unlimited access to our telecommunications networks, and that puts us at risk for sabotage.
[30:10.280 --> 30:16.480] I'm Dr. Catherine Albrecht, back with more on China's covert spy program next.
[30:16.480 --> 30:18.200] Privacy is under attack.
[30:18.200 --> 30:21.800] When you give up data about yourself, you'll never get it back again.
[30:21.800 --> 30:26.800] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.800 --> 30:28.320] So protect your rights.
[30:28.320 --> 30:32.000] Say no to surveillance and keep your information to yourself.
[30:32.000 --> 30:34.600] Privacy, it's worth hanging on to.
[30:34.600 --> 30:40.240] This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:40.240 --> 30:41.920] Yahoo, and Bing.
[30:41.920 --> 30:45.440] Start over with StartPage.
[30:45.440 --> 30:49.440] When the media covers foreign threats, it generally spotlights the Middle East.
[30:49.440 --> 30:54.680] But experts say China poses a bigger threat, not only because of massive military buildup,
[30:54.680 --> 31:00.120] but because Beijing now has access to 80% of the world's communications.
[31:00.120 --> 31:06.200] Chinese companies like Huawei Technologies and ZTE serve as 45 of the world's 50 largest
[31:06.200 --> 31:07.200] telecoms.
[31:07.200 --> 31:12.480] That means China can conduct industrial espionage, and it could allow the People's Liberation
[31:12.480 --> 31:17.840] Army to disable our communications and defense systems for an attack.
[31:17.840 --> 31:20.880] China has said its military wants cyber superiority.
[31:20.880 --> 31:23.600] I say it's time to stop letting them tap our phones.
[31:23.600 --> 31:31.600] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[31:55.760 --> 32:00.280] Call 888-910-4367 only at mtusa.org.
[32:00.280 --> 32:05.840] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.840 --> 32:09.720] In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.720 --> 32:13.840] to have a free society, then we're going to have to stand and defend our own rights.
[32:13.840 --> 32:16.880] Among those rights are the right to travel freely from place to place, the right to act
[32:16.880 --> 32:20.920] in our own private capacity, and most importantly, the right to due process of law.
[32:20.920 --> 32:25.160] The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:25.160 --> 32:26.160] through due process.
[32:26.160 --> 32:30.120] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:30.120 --> 32:33.920] most comprehensive teaching tool available that will help you understand what due process
[32:33.920 --> 32:36.280] is and how to hold courts to the rule of law.
[32:36.280 --> 32:40.280] You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:40.280 --> 32:41.640] ordering your copy today.
[32:41.640 --> 32:44.840] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.840 --> 32:49.400] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:49.400 --> 32:51.320] documents and other useful resource material.
[32:51.320 --> 32:55.640] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.640 --> 33:00.840] Order your copy today, and together we can have the free society we all want and deserve.
[33:00.840 --> 33:06.920] Live, free speech radio, logosradionetwork.com.
[33:06.920 --> 33:21.480] Yes, Mr. Officer, you're taking the light in your hand, and I want you to follow the
[33:21.480 --> 33:22.480] law of the land.
[33:22.480 --> 33:23.480] I don't understand.
[33:23.480 --> 33:39.120] The job is to protect the service, not beat Arabians.
[33:39.120 --> 33:40.120] Okay, we are back.
[33:40.120 --> 33:45.240] Randy Kelton, Debra Stevens, Rule of Law Radio, and we're going to Mark in California.
[33:45.240 --> 33:46.240] Hello, Mark.
[33:46.240 --> 33:49.240] What do you have for us today?
[33:49.240 --> 33:50.240] Hey, Randy.
[33:50.240 --> 33:51.240] How's it going?
[33:51.240 --> 33:52.240] Going good.
[33:52.240 --> 33:53.240] That's good.
[33:53.240 --> 33:54.240] Hey, Randy.
[33:54.240 --> 34:00.480] I'm a first-time caller, and I heard you talking kind of briefly with the last caller, and
[34:00.480 --> 34:06.680] you kind of answered the question there, you know, called Eddie on Monday, but the question
[34:06.680 --> 34:12.280] I had was more of a traffic question, and I don't know how, you know, I know you kind
[34:12.280 --> 34:17.800] of say that's not your expertise, but if you want, I can just go ahead and ask it to you.
[34:17.800 --> 34:21.680] Yeah, I may have some really foolish comments to make.
[34:21.680 --> 34:22.680] Okay.
[34:22.680 --> 34:27.040] Last month of this year, I was stopped by California Highway Patrol.
[34:27.040 --> 34:33.040] I kind of went through Eddie's course, you know, online, and one of the things that Eddie
[34:33.040 --> 34:39.320] said was, you know, when you get stopped, you know, don't let all your windows down.
[34:39.320 --> 34:42.760] Just let them down two and a half inches, and, you know, that's what I did, just let
[34:42.760 --> 34:50.920] the driver's window down, and basically to make a long story short, CHP wound up busting
[34:50.920 --> 34:59.800] out my back left passenger window to my automobile, and they charged me with obstruction, and
[34:59.800 --> 35:08.120] they charged me with misdemeanor failure to comply with a lawful order or a lawful vehicle
[35:08.120 --> 35:13.640] inspection, which I'm currently in the process of fighting that right now.
[35:13.640 --> 35:16.360] Okay, hold on.
[35:16.360 --> 35:19.480] They were trying to inspect your vehicle?
[35:19.480 --> 35:28.680] Well, the way that California Vehicle Code Section 2800-2800 is written is it says failure
[35:28.680 --> 35:39.200] to comply with a lawful order, direction, or signal, and then it says or lawful inspection
[35:39.200 --> 35:40.600] of a vehicle.
[35:40.600 --> 35:45.240] What constitutes a lawful inspection of a vehicle?
[35:45.240 --> 35:54.080] Well, it gives numerous reasons under that, like an out-of-service and quite four or five
[35:54.080 --> 36:04.080] other little subsections that this constitutes the lawful inspection, but I think what they're
[36:04.080 --> 36:10.160] more hinging on is the lawful order, because the way, again, the way the law or the way
[36:10.160 --> 36:17.880] the statute states it says failure to comply with a chief officer's lawful order, direction,
[36:17.880 --> 36:18.880] or signal.
[36:18.880 --> 36:22.320] What was the lawful order, direction, or signal?
[36:22.320 --> 36:27.840] Well, basically just to roll my windows down, all my windows down.
[36:27.840 --> 36:32.040] What authority do they have to require you to roll your window down?
[36:32.040 --> 36:37.120] Well, according to me, they have none.
[36:37.120 --> 36:43.800] Under what authority are they, what authority do they claim that...
[36:43.800 --> 36:46.760] There's one in there, go ahead.
[36:46.760 --> 36:52.880] Are they saying if we order you to do anything, you must do it, and the statute says a lawful
[36:52.880 --> 36:59.480] order, so we go back to what constitutes a lawful order, and the way I've always read
[36:59.480 --> 37:09.200] that is a lawful order is an order that they are by law authorized to give you.
[37:09.200 --> 37:12.440] What is it?
[37:12.440 --> 37:17.760] What is the authorization they have to give you that specific order?
[37:17.760 --> 37:18.760] This goes to elements.
[37:18.760 --> 37:25.600] What are the elements of the crime of failure to follow a lawful order?
[37:25.600 --> 37:30.400] Now, that was a question.
[37:30.400 --> 37:32.400] What are the elements?
[37:32.400 --> 37:36.560] Well, my life or...
[37:36.560 --> 37:41.200] No, no, no, no, no, no, no, no, no, I'm not asking for your idea about it or what you
[37:41.200 --> 37:42.680] believe should be.
[37:42.680 --> 37:43.680] Have you read the code?
[37:43.680 --> 37:46.240] Yes, I've read the code.
[37:46.240 --> 37:48.080] What does the code say?
[37:48.080 --> 37:53.320] It will list the elements.
[37:53.320 --> 38:03.640] It really doesn't... It's really not... To be 100% honest with you, it's really not specific.
[38:03.640 --> 38:08.640] If it's not clear, then it's constitutionally, it's too vague.
[38:08.640 --> 38:17.960] If you can't read the code and know when you're in breach of the code, then the code's too
[38:17.960 --> 38:18.960] vague.
[38:18.960 --> 38:25.560] Generally, it will say when a police officer gives a person an order that he's authorized
[38:25.560 --> 38:35.480] to give by law and the person fails to comply with said order, those are the elements.
[38:35.480 --> 38:44.920] Since it says failure to comply with a lawful order and not just an order in general, then
[38:44.920 --> 38:52.480] that leads me to want to say, okay, what is the legal definition of lawful order?
[38:52.480 --> 38:53.480] Okay.
[38:53.480 --> 38:58.480] There's going to be one.
[38:58.480 --> 39:01.920] We're not speaking English here.
[39:01.920 --> 39:05.200] We're speaking in English.
[39:05.200 --> 39:06.200] Always keep that in mind.
[39:06.200 --> 39:10.400] When you go into court, it sounds like they're speaking English.
[39:10.400 --> 39:19.600] Eddie will talk, if you looked at his course, you're aware that when they say driver, they
[39:19.600 --> 39:26.800] don't mean driver in the context that we use driver in general discourse.
[39:26.800 --> 39:32.280] They mean driver in a very specific legal context.
[39:32.280 --> 39:38.080] Now we want to go back and see what is lawful order under California law.
[39:38.080 --> 39:44.960] You might just do an internet search for California law, lawful order, and you're likely to find
[39:44.960 --> 39:48.000] some case law on that.
[39:48.000 --> 39:55.200] I'm relatively certain the case law is going to say that a lawful order is only an order
[39:55.200 --> 40:02.460] that the officer is specifically authorized to give, or they're going to cite certain
[40:02.460 --> 40:09.280] circumstances where the officer can issue an order, like in an emergency.
[40:09.280 --> 40:15.520] In an emergency, he can order you to assist him as an effective deputizes you, or if you're
[40:15.520 --> 40:22.560] creating a disturbance, he can order you to stop the disturbance, but to roll down your
[40:22.560 --> 40:32.880] window because he wants to inspect your automobile, he's going to inspect your automobile while
[40:32.880 --> 40:38.920] you're sitting in it.
[40:38.920 --> 40:45.320] If he's going to inspect it while you're sitting in it, that doesn't sound right.
[40:45.320 --> 40:56.180] If he's going to search or inspect your, hold on, let's back up, inspect or search?
[40:56.180 --> 41:06.240] What does inspect mean in California law as concerns a motor vehicle?
[41:06.240 --> 41:07.240] Look that up.
[41:07.240 --> 41:08.240] Okay.
[41:08.240 --> 41:09.240] Yeah.
[41:09.240 --> 41:10.240] Just real quick.
[41:10.240 --> 41:16.480] If I can read this off the section 2800 real quick, I don't want to take, I know you got
[41:16.480 --> 41:19.080] several other callers and I don't want to take up too much time.
[41:19.080 --> 41:20.080] No, go ahead.
[41:20.080 --> 41:25.240] It says California vehicle code section 2800, section 8.
[41:25.240 --> 41:34.640] It is unlawful to willfully fail or refuse to comply with a lawful order, signal or direction
[41:34.640 --> 41:41.680] of a peace officer as defined in chapter 4.5, commencing with section 830, which that's
[41:41.680 --> 41:49.940] the peace officer post of title three of part two of the penal code when that peace officer
[41:49.940 --> 41:58.000] is in uniform and is performing duties pursuant to any of the provisions of this code or to
[41:58.000 --> 42:05.040] refuse to submit to a lawful inspection pursuant to this code.
[42:05.040 --> 42:06.040] Okay.
[42:06.040 --> 42:08.560] Okay, go ahead.
[42:08.560 --> 42:09.560] What this?
[42:09.560 --> 42:10.560] Okay.
[42:10.560 --> 42:14.520] That's still lawful order.
[42:14.520 --> 42:15.520] That's unclear.
[42:15.520 --> 42:26.360] So I'm sure the officer is going to interpret that to mean you must do anything he tells
[42:26.360 --> 42:29.480] you to.
[42:29.480 --> 42:39.140] And I can't imagine a legislation, a legislator writing legislation that would make it a crime
[42:39.140 --> 42:47.280] not to do anything a peace officer tells you to, right?
[42:47.280 --> 42:49.040] Lawful order is going to be the key.
[42:49.040 --> 42:56.640] Now when you read the statutes, you read the charges against you, there was a charge of,
[42:56.640 --> 42:59.200] what did they say?
[42:59.200 --> 43:03.400] How did they charge you with the inspection not interfering with or what did they charge
[43:03.400 --> 43:04.400] about?
[43:04.400 --> 43:08.240] What was the verbiage on the inspection?
[43:08.240 --> 43:13.960] Well on the criminal complaint, they kind of, it's kind of tricky.
[43:13.960 --> 43:19.640] They did a little, you know, they did their court tricks, they just put 2800 vehicle code
[43:19.640 --> 43:23.840] disobedient to a traffic officer.
[43:23.840 --> 43:26.040] Is that all you're charged with?
[43:26.040 --> 43:32.400] No, the original charge that they charged me with as a count one was obstruction.
[43:32.400 --> 43:36.880] Okay, that's going to be obstruction of justice.
[43:36.880 --> 43:38.840] Okay, hang on.
[43:38.840 --> 43:45.680] Let's pick this up when we come back, Randy Kelton, Debra Stevens, Root of Our Radio,
[43:45.680 --> 43:54.280] our call in number 512-646-1984, we'll be taking your calls all night, call lines are
[43:54.280 --> 44:00.240] picking up pretty good, but we'll be right back.
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[44:34.840 --> 44:43.280] us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com.
[44:43.280 --> 45:01.320] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
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[46:00.120 --> 46:28.440] Okay.
[46:28.440 --> 46:32.840] We are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Mark
[46:32.840 --> 46:43.480] in California and over the break I was thinking about this, inspection.
[46:43.480 --> 46:51.240] What constitutes an inspection under California law?
[46:51.240 --> 46:52.240] I have no idea.
[46:52.240 --> 46:56.800] Unless you're engaged in commerce, that's all I can say.
[46:56.800 --> 47:04.240] You can't address your issues until you know what all the issues are.
[47:04.240 --> 47:12.840] What I suggest is look at all of those terms and this is something that's sometimes hard
[47:12.840 --> 47:16.280] to wrap your head around.
[47:16.280 --> 47:27.440] Look at the terms and ask yourself, does this term possibly have a different meaning in
[47:27.440 --> 47:35.400] legalese than it does in normal conversation?
[47:35.400 --> 47:43.000] Should this term have a very specific meaning, like in this case, inspection?
[47:43.000 --> 47:45.760] Inspection is not search.
[47:45.760 --> 47:49.600] So what on earth does inspection mean?
[47:49.600 --> 47:56.280] Is he doing a safety inspection?
[47:56.280 --> 48:04.920] What constitutes an inspection and what duty do you have concerning an inspection?
[48:04.920 --> 48:13.160] It sounds like he was wanting to do a search but called it an inspection.
[48:13.160 --> 48:18.440] Why did he want you to roll the window down?
[48:18.440 --> 48:20.440] What was he inspecting?
[48:20.440 --> 48:27.840] So anyway, look up all of the terms and then call Eddie Monday.
[48:27.840 --> 48:30.440] I'm sure he's going to tell you to do the same thing.
[48:30.440 --> 48:32.080] You'd be surprised.
[48:32.080 --> 48:35.560] These guys for the most part don't have a clue as to what they're doing.
[48:35.560 --> 48:39.680] They don't care what they're doing because they know the courts will back them no matter
[48:39.680 --> 48:41.240] what they do.
[48:41.240 --> 48:48.080] So file a complaint against the officer, stand him good.
[48:48.080 --> 48:54.680] He wants to be a hardball, introduce him to the deep end of the pool, but call in Monday
[48:54.680 --> 48:55.680] and talk to Eddie.
[48:55.680 --> 49:00.480] He'll give you a lot better advice on this than I can.
[49:00.480 --> 49:02.480] Okay, sure will.
[49:02.480 --> 49:04.040] I appreciate it, Randy.
[49:04.040 --> 49:05.040] Okey-doke.
[49:05.040 --> 49:06.040] Thank you for calling.
[49:06.040 --> 49:07.040] No problem.
[49:07.040 --> 49:11.960] I appreciate you answering it the best way and keep the fight up for freedom.
[49:11.960 --> 49:12.960] Okay.
[49:12.960 --> 49:18.280] Now we're going to go to Jeff in Hillbilly, Mississippi.
[49:18.280 --> 49:20.400] Hey, Randy.
[49:20.400 --> 49:21.800] Thank you for having me on.
[49:21.800 --> 49:23.960] Glad you're back.
[49:23.960 --> 49:27.120] What has happened since you were here last?
[49:27.120 --> 49:29.760] Well, quite a bit.
[49:29.760 --> 49:32.760] Can I ask you two separate questions real quickly?
[49:32.760 --> 49:33.760] Absolutely.
[49:33.760 --> 49:41.160] Okay, here in Arkansas, after I was arrested for my gun in Mississippi, the University
[49:41.160 --> 49:44.040] of Arkansas denied me access to the college.
[49:44.040 --> 49:45.640] They denied me entry.
[49:45.640 --> 49:52.720] I had a large hearing and accused me of having a rifle and that was it.
[49:52.720 --> 49:58.240] So I wrote a letter to them asking for the transcripts from the hearing and they wrote
[49:58.240 --> 50:01.840] me back and said there are not any transcripts.
[50:01.840 --> 50:10.160] So I filed charges with the prosecuting attorney, the district attorney here locally and I'm
[50:10.160 --> 50:12.360] supposed to go into his office.
[50:12.360 --> 50:14.960] So I want to be really up on my law.
[50:14.960 --> 50:20.120] I've looked through the Administrative Act of 1946.
[50:20.120 --> 50:25.760] I cannot find where it's required for an administration to have a hearing.
[50:25.760 --> 50:27.560] Do you have any opinion on that?
[50:27.560 --> 50:32.440] Wait a minute, and it required for an administration to have a hearing?
[50:32.440 --> 50:36.560] I'm sorry, I'm sorry to have transcripts from a hearing.
[50:36.560 --> 50:39.320] Oh, it's an administrative hearing.
[50:39.320 --> 50:41.840] I am not certain.
[50:41.840 --> 50:46.600] And this is an administrative hearing for the college?
[50:46.600 --> 50:51.760] Well, yes, that's what I tried to link up and maybe I'm wrong, but the university had
[50:51.760 --> 50:59.120] a hearing and I was wondering if that falls under the Administrative Act of 1946 requiring
[50:59.120 --> 51:01.360] them to have transcripts?
[51:01.360 --> 51:02.680] I would think so.
[51:02.680 --> 51:09.520] It's a university so they're operating on government funds so they're quasi-governmental.
[51:09.520 --> 51:16.680] It's not like it was a private college.
[51:16.680 --> 51:21.120] This is a state college so they're going to fall under all the open records laws.
[51:21.120 --> 51:31.680] But as to keeping a record of administrative hearings, it would seem reasonable and logical
[51:31.680 --> 51:35.840] that they would be required to keep records.
[51:35.840 --> 51:39.120] Where would you think that that would be cited just in case I'm challenged?
[51:39.120 --> 51:41.840] It would be in the administrative code.
[51:41.840 --> 51:57.320] Just do an internet search for administrative hearing, court reporter or records or court
[51:57.320 --> 51:58.720] of record.
[51:58.720 --> 52:01.440] Do a few searches on that.
[52:01.440 --> 52:08.040] I used to go straight to Lexis of Westlaw and do legal searches.
[52:08.040 --> 52:10.320] I don't even bother with that anymore for the most part.
[52:10.320 --> 52:11.320] Don't need it.
[52:11.320 --> 52:12.320] Okay.
[52:12.320 --> 52:14.400] Just go straight to the internet.
[52:14.400 --> 52:23.400] Internet is better because it's better at understanding just common language.
[52:23.400 --> 52:26.320] Good hits.
[52:26.320 --> 52:29.280] So just do a few searches.
[52:29.280 --> 52:40.120] You're likely to find someone addressing that issue when they are denying you in a right
[52:40.120 --> 52:41.560] way.
[52:41.560 --> 52:46.760] This is a bit more than administrative.
[52:46.760 --> 52:52.000] They're going to have to have more than just administrative denying access to the college.
[52:52.000 --> 52:57.160] There's going to have to be some statute in support, the fact that you were accused of
[52:57.160 --> 52:59.200] having a rifle.
[52:59.200 --> 53:02.240] I would certainly want to see the codes on that.
[53:02.240 --> 53:03.960] Did they cite code?
[53:03.960 --> 53:06.960] Okay, got it.
[53:06.960 --> 53:07.960] Okay.
[53:07.960 --> 53:15.880] So their university and their public officials, they may only do what they are specifically
[53:15.880 --> 53:18.800] authorized to do.
[53:18.800 --> 53:25.640] Now they get used to doing whatever they want to, but that's not how it works in the world
[53:25.640 --> 53:26.640] you and I live in.
[53:26.640 --> 53:27.920] That's not how it's supposed to work.
[53:27.920 --> 53:36.720] That may be how it actually does, but look at specifically what authority they had to
[53:36.720 --> 53:39.040] make the ruling.
[53:39.040 --> 53:44.360] If you can't find any, you might go back and file a challenge subject matter jurisdiction
[53:44.360 --> 53:56.080] of the administrative court with your administrative tribunal to even hold any kind of a hearing.
[53:56.080 --> 54:02.440] Because if they just did what they wanted to because it was administrative, they would
[54:02.440 --> 54:06.640] have to have a specific authority, especially to deny you access to the college.
[54:06.640 --> 54:08.720] Had you already paid tuition?
[54:08.720 --> 54:11.920] No, I just filled out my admissions.
[54:11.920 --> 54:14.160] Okay, and they accepted your admission?
[54:14.160 --> 54:19.040] No, that's when I was called into the felony hearing and then booted back out.
[54:19.040 --> 54:21.880] Oh, they hadn't accepted your admissions yet.
[54:21.880 --> 54:22.880] That's a problem.
[54:22.880 --> 54:23.880] Yeah.
[54:23.880 --> 54:29.640] But still look at the admission requirements and see what, you know, under what authority
[54:29.640 --> 54:31.920] they denied you access.
[54:31.920 --> 54:39.320] They had to have something and do a search.
[54:39.320 --> 54:49.160] To deny you an education, it would seem prudent on their part to keep evidence to show cause
[54:49.160 --> 54:53.640] as to why they did that and it would only be prudent to keep a record.
[54:53.640 --> 54:56.080] Did you notice if a court reporter was there?
[54:56.080 --> 54:57.680] Well, exactly.
[54:57.680 --> 55:01.240] There was no court reporter there and there are no transcripts because I have a letter
[55:01.240 --> 55:02.800] saying that there's no transcript.
[55:02.800 --> 55:04.600] Are there any recordings?
[55:04.600 --> 55:05.600] No.
[55:05.600 --> 55:06.920] Are you sure?
[55:06.920 --> 55:11.040] Did you ask specifically for recordings?
[55:11.040 --> 55:12.040] You know what?
[55:12.040 --> 55:13.040] I did not.
[55:13.040 --> 55:15.720] I asked for the minutes or transcripts.
[55:15.720 --> 55:18.880] Ask for any electronic recordings.
[55:18.880 --> 55:27.560] First you might check around and see, you know, something that looks a little less threatening
[55:27.560 --> 55:31.600] and see if you can find some way to tell if they keep any kind of recordings of these
[55:31.600 --> 55:32.600] meetings.
[55:32.600 --> 55:33.600] Okay.
[55:33.600 --> 55:35.080] I know exactly where to go.
[55:35.080 --> 55:36.080] Good.
[55:36.080 --> 55:41.080] If you find out that they normally keep them, then that would give you reasonable cause
[55:41.080 --> 55:46.560] to believe that they did keep them and then you make a request for them specifically and
[55:46.560 --> 55:51.240] if they say they didn't keep them, now they're going to have to come and show cause as to
[55:51.240 --> 55:57.480] why when they normally keep a recording and in this case they didn't keep a recording,
[55:57.480 --> 56:04.840] show cause as to why they didn't and why their ruling should not be ruled improper and denying
[56:04.840 --> 56:06.840] you any education.
[56:06.840 --> 56:07.840] Okay.
[56:07.840 --> 56:08.840] Okay.
[56:08.840 --> 56:10.840] You ready for the second one?
[56:10.840 --> 56:11.840] Yes.
[56:11.840 --> 56:12.840] Okay.
[56:12.840 --> 56:16.920] May 30th was my hearing on the gun charge.
[56:16.920 --> 56:19.200] Okay.
[56:19.200 --> 56:26.440] The appeals court reversed their decision, gave me another trial and so I got a very
[56:26.440 --> 56:36.160] suspicious letter in the mail saying that we want you to come to a hearing and I wrote
[56:36.160 --> 56:38.280] back and I said, well, what is this hearing about?
[56:38.280 --> 56:42.640] I don't understand and I never did get a straight answer.
[56:42.640 --> 56:47.680] They would respond with, well, we need you here on May 30th for your hearing and so I
[56:47.680 --> 56:52.400] finally just showed up not really knowing what I was getting into, but I figured that
[56:52.400 --> 56:55.440] it would have something to do with the public defender.
[56:55.440 --> 56:59.320] And I wrote them a letter and said, can't you just do that through the mail?
[56:59.320 --> 57:04.880] So I show up and they say, they, all they did was ask me, do you want a public defender?
[57:04.880 --> 57:07.880] Well, not really knowing what I'm doing.
[57:07.880 --> 57:08.880] I said, sure.
[57:08.880 --> 57:13.760] Well, all of a sudden, the strangest thing happened in the, in the courtroom.
[57:13.760 --> 57:16.820] The judge just looked like he became so happy.
[57:16.820 --> 57:21.840] He looked like he was at his grand grandchild's fifth birthday.
[57:21.840 --> 57:27.040] The DA stood up and looked like he was just thrilled out of his mind.
[57:27.040 --> 57:32.280] Normally these people objected to everything that I ever did in the courtroom, but now
[57:32.280 --> 57:38.320] both of them, well, the DA stood up and straightened up his tie and says, and said, I have no objections
[57:38.320 --> 57:40.440] and he just sounds thrilled.
[57:40.440 --> 57:42.560] And the judge just sounded so thrilled.
[57:42.560 --> 57:44.980] He looked like he was selling a car.
[57:44.980 --> 57:47.440] So did I step into a trap?
[57:47.440 --> 57:48.440] Not necessarily.
[57:48.440 --> 57:52.520] All you have to do is learn how to know how to handle your lawyer.
[57:52.520 --> 57:53.520] Okay.
[57:53.520 --> 57:57.000] And we'll talk about that when we come back on the other side.
[57:57.000 --> 57:58.000] Okay.
[57:58.000 --> 58:02.360] We're going to the top of the hour break.
[58:02.360 --> 58:06.240] How to handle your lawyer, kind of like how to train the dragon.
[58:06.240 --> 58:13.720] You need before you get into the courtroom, you need all your motions and pleadings filed
[58:13.720 --> 58:14.720] in the court.
[58:14.720 --> 58:15.720] Got it.
[58:15.720 --> 58:20.680] And then when you get this lawyer, you let him know, you will adequately adjudicate every
[58:20.680 --> 58:23.000] issue before this court.
[58:23.000 --> 58:26.920] You fail to adjudicate a single one on bar grievance first, then I'll do a malpractice
[58:26.920 --> 58:27.920] suit against you.
[58:27.920 --> 58:28.920] Okay.
[58:28.920 --> 58:32.440] And then you tell him, you know, I know you're going to go to the judge and ask to be removed
[58:32.440 --> 58:33.440] from the case.
[58:33.440 --> 58:34.440] When you do, I'm going to object.
[58:34.440 --> 58:39.120] When the judge removes you, I'm going to sue the judge for interfering with the private
[58:39.120 --> 58:40.120] contract.
[58:40.120 --> 58:41.120] Got it.
[58:41.120 --> 58:42.120] Okay.
[58:42.120 --> 58:43.120] Hang on.
[58:43.120 --> 58:44.120] We'll pick this up on the other side.
[58:44.120 --> 58:50.440] Dr. Steven, this is the Root of Law Radio, I'll call you number 512-646-1984.
[58:50.440 --> 58:55.840] The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:48.120 --> 59:49.120] That's freestudybible.com.
[59:49.120 --> 01:00:03.440] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.440 --> 01:00:07.400] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:07.400 --> 01:00:08.400] at thelibertybeat.com.
[01:00:08.400 --> 01:00:12.880] I'm Brian Hagan with your Liberty Beat for Thursday, June 12, 2014.
[01:00:12.880 --> 01:00:21.240] Gold opened today at $1,264, silver opened at $19.27, and Bitcoin is trading at $6.2641.
[01:00:21.240 --> 01:00:24.880] Support for the Liberty Beat comes from Voice and Exit, maximizing human flourishing through
[01:00:24.880 --> 01:00:26.120] radical innovation.
[01:00:26.120 --> 01:00:27.120] Tickets on sale now.
[01:00:27.120 --> 01:00:29.320] Get 10% off with promo code FREEDOM.
[01:00:29.320 --> 01:00:34.000] June 21 at Austin Music Hall, get yours, voiceandexit.com.
[01:00:34.000 --> 01:00:38.240] And support comes from Accountable Authority, now offering a public database of police abuse
[01:00:38.240 --> 01:00:42.760] and misconduct, online at accountableauthority.com.
[01:00:42.760 --> 01:00:47.120] In the news, supporters, neighbors, and family members gathered at a memorial honoring the
[01:00:47.120 --> 01:00:52.920] 27-year-old Florida MMA fighter who was executed by the FBI last year for his alleged connection
[01:00:52.920 --> 01:00:56.320] to Boston bomber suspect Tamerlane Sarnia.
[01:00:56.320 --> 01:01:01.880] Ibrahim Todashev was shot seven times in his Orlando condo during a final round of interrogation
[01:01:01.880 --> 01:01:07.080] by FBI officials, all of whom have been cleared of any wrongdoing in the killing.
[01:01:07.080 --> 01:01:10.520] Investigative reporter Julie Wilson attended the memorial and spoke to nearby residents
[01:01:10.520 --> 01:01:13.920] who doubt the FBI's narrative of what happened that late summer night.
[01:01:13.920 --> 01:01:19.920] When I heard about the investigations, I said, this is a sham, OPD don't want to get involved.
[01:01:19.920 --> 01:01:22.920] I always thought the FBI was straight up.
[01:01:22.920 --> 01:01:26.600] And I heard that he unloaded seven shots in this guy, but it could have been a personal
[01:01:26.600 --> 01:01:27.600] thing.
[01:01:27.600 --> 01:01:28.600] They don't even release the guy's name.
[01:01:28.600 --> 01:01:32.640] Usually they got the cop's name or the agent's name, no names.
[01:01:32.640 --> 01:01:37.760] For the complete story, go to thelibertymeet.com.
[01:01:37.760 --> 01:01:41.240] On Tuesday, the Supreme Court ruled that police officers may enter and search a home without
[01:01:41.240 --> 01:01:44.840] a warrant, as long as one occupant gives consent.
[01:01:44.840 --> 01:01:49.080] Ruling six to three, the court gives law enforcement greater authority to search homes, even when
[01:01:49.080 --> 01:01:51.360] an occupant has previously denied entry.
[01:01:51.360 --> 01:01:55.760] Justice Samuel Alito Jr. said police officers do not need to wait for magistrate approval
[01:01:55.760 --> 01:01:57.480] before entering a home.
[01:01:57.480 --> 01:02:01.520] The dissenting judges warned the ruling would erode Fourth Amendment protections from warrantless
[01:02:01.520 --> 01:02:05.000] home searches.
[01:02:05.000 --> 01:02:10.280] Google acquires Skybox, a company that provides high-res photos and video using low-cost satellites
[01:02:10.280 --> 01:02:14.600] for $500 million, extending their reach far beyond the internet.
[01:02:14.600 --> 01:02:19.360] Skybox transforms mass quantities of unstructured data into revenue-generating insights, streaming
[01:02:19.360 --> 01:02:21.480] aerial imagery straight to Google.
[01:02:21.480 --> 01:02:25.480] The captured aerial imagery is beneficial for a variety of industries, including companies
[01:02:25.480 --> 01:02:29.880] tracking cars in parking lots to predict retail forecasts.
[01:02:29.880 --> 01:02:33.680] Support for the Liberty Beat comes from My Magic Mud, all-natural teeth whitener.
[01:02:33.680 --> 01:02:37.280] Go to mymagicmud.com to hear a short interview with Dr. Griffin Cole.
[01:02:37.280 --> 01:02:39.120] That's mymagicmud.com.
[01:02:39.120 --> 01:02:43.600] And support comes from Brave New Books, now offering Pro Pure water filtration, the only
[01:02:43.600 --> 01:02:48.120] gravity-driven all-in-one fluoride removal system that also alkalizes the water.
[01:02:48.120 --> 01:02:52.880] Sign up in Austin, 1904 Guadalupe Street, or online, bravenewbooksmore.com.
[01:02:52.880 --> 01:02:56.760] This is the Liberty Beat for Thursday, June 12, 2014.
[01:02:56.760 --> 01:03:19.120] Check out the website at thelibertybeat.com.
[01:03:26.760 --> 01:03:56.080] OK, we are back, Randy Kelton, Deborah Stevens, Wheel of Law Radio, and we're talking to
[01:03:56.080 --> 01:03:58.080] Jeff in Mississippi.
[01:03:58.080 --> 01:04:07.400] OK, Jeff, OK, they're going to appoint you to counsel.
[01:04:07.400 --> 01:04:08.400] They already have.
[01:04:08.400 --> 01:04:09.400] Oh, OK.
[01:04:09.400 --> 01:04:10.400] Have you talked to him yet?
[01:04:10.400 --> 01:04:16.280] Well, I received the order over the email, and he emailed me and said, Hi, my name's
[01:04:16.280 --> 01:04:21.440] so-and-so, and I'm your new attorney.
[01:04:21.440 --> 01:04:26.760] And then he also downloaded or sent to me the order granting that.
[01:04:26.760 --> 01:04:29.760] So it's efficient.
[01:04:29.760 --> 01:04:43.400] OK, so you know, in the Robert Fox case, Robert Fox was really hard on his attorney.
[01:04:43.400 --> 01:04:53.000] And I was kind of hard on his attorney, but Robert forced the attorney into second position.
[01:04:53.000 --> 01:04:58.080] And Robert was representing his own case, and he was so ill he couldn't string two sentences
[01:04:58.080 --> 01:04:59.480] together.
[01:04:59.480 --> 01:05:05.040] And I told the lawyer, if you don't call a stop to this case, I'm going to do it, and
[01:05:05.040 --> 01:05:07.640] I'll make you look like a jackass.
[01:05:07.640 --> 01:05:15.640] Well, he went and talked to the judge, and they continued the case and took Robert to
[01:05:15.640 --> 01:05:19.320] the doctor, and they immediately put him in intensive care.
[01:05:19.320 --> 01:05:22.640] I think if that had kept going, they'd have killed him.
[01:05:22.640 --> 01:05:26.080] So I was real unhappy with the lawyer.
[01:05:26.080 --> 01:05:32.200] And then the lawyer wrote an appeal for Robert, and Robert was jumping up and down, railing
[01:05:32.200 --> 01:05:34.320] in righteous indignation.
[01:05:34.320 --> 01:05:38.800] And I read the appeal, and several other people read the appeal.
[01:05:38.800 --> 01:05:46.960] And after I read the appeal, I called the lawyer and personally apologized to him.
[01:05:46.960 --> 01:05:55.640] After all the crapola we put you through, after all the misery we gave you, you wrote
[01:05:55.640 --> 01:06:05.320] this appeal, and it was absolutely excellent, and he got his case thrown out.
[01:06:05.320 --> 01:06:12.040] So court-appointed counsel is not always a problem, and in your case, where you have
[01:06:12.040 --> 01:06:20.960] went in pro se and beat them, it is very unlikely your lawyer is going to be dumb enough to
[01:06:20.960 --> 01:06:26.440] try for a deal.
[01:06:26.440 --> 01:06:31.880] But if he does, don't be bashful about hammering him.
[01:06:31.880 --> 01:06:38.280] The last time I had a lawyer, they called me in to see if I had an attorney, and I said,
[01:06:38.280 --> 01:06:39.280] no, I don't.
[01:06:39.280 --> 01:06:40.840] They said, are you going to hire one?
[01:06:40.840 --> 01:06:41.840] Nope.
[01:06:41.840 --> 01:06:43.320] Would you like me to appoint counsel?
[01:06:43.320 --> 01:06:44.600] I don't care what you do.
[01:06:44.600 --> 01:06:46.240] Well, I'm going to appoint you counsel.
[01:06:46.240 --> 01:06:52.160] I told the judge, well, if you do, make sure you appoint somebody you really don't like.
[01:06:52.160 --> 01:06:55.400] And she kind of laughed and said, well, we have an attorney, will you get the next one?
[01:06:55.400 --> 01:06:58.120] I said, so you're off the hook.
[01:06:58.120 --> 01:07:01.960] First thing I told the lawyer is, I have got these motions in, you're going to adjudicate
[01:07:01.960 --> 01:07:04.640] every single due process issue on there.
[01:07:04.640 --> 01:07:07.440] You miss a single one, I'll bar-grief you.
[01:07:07.440 --> 01:07:15.600] And the defense counsel was terrified that I was going to end his career, and they dismissed
[01:07:15.600 --> 01:07:20.720] the case to protect my lawyer from me.
[01:07:20.720 --> 01:07:22.360] This is the advantage they give you.
[01:07:22.360 --> 01:07:26.960] Now they appointed this guy to represent you.
[01:07:26.960 --> 01:07:34.800] And he's going to want to pay them back by making sure you don't have grounds for appeal
[01:07:34.800 --> 01:07:35.800] and get convicted.
[01:07:35.800 --> 01:07:38.080] That's what they do.
[01:07:38.080 --> 01:07:44.720] So your defense is, he fails to do one thing you believe he should do.
[01:07:44.720 --> 01:07:45.720] You'll bar-grieve him immediately.
[01:07:45.720 --> 01:07:46.720] Got it.
[01:07:46.720 --> 01:07:47.720] Let him know.
[01:07:47.720 --> 01:07:48.720] I'll bar-grieve you.
[01:07:48.720 --> 01:07:53.240] If you file with the judge to be removed from the case, I'm going to object.
[01:07:53.240 --> 01:07:59.040] And if the judge removes you from the case, that's an administrative act on part of the
[01:07:59.040 --> 01:08:00.040] judge.
[01:08:00.040 --> 01:08:03.680] I'll sue the judge for interfering in the contract.
[01:08:03.680 --> 01:08:09.360] When I told my lawyer that, that, you know, he was going to ask the judge to remove him
[01:08:09.360 --> 01:08:12.880] from the case, you know, he said, this is how things are going to work.
[01:08:12.880 --> 01:08:15.320] And I thought, no, that's not how they're going to work.
[01:08:15.320 --> 01:08:17.920] How they're going to work is, is you're going to go to the court and ask to be removed from
[01:08:17.920 --> 01:08:18.920] the case.
[01:08:18.920 --> 01:08:22.120] And I'm going to object to it and the court will remove you from the case.
[01:08:22.120 --> 01:08:23.120] And he said, yes, he would.
[01:08:23.120 --> 01:08:27.760] Then I get to sue the judge for interfering with the private contract.
[01:08:27.760 --> 01:08:30.600] And the lawyer said, well, Mr. Kelton, I'm not under contract with you.
[01:08:30.600 --> 01:08:31.920] I'm going to contract with the state.
[01:08:31.920 --> 01:08:33.600] He said, yes, you are.
[01:08:33.600 --> 01:08:35.840] But I'm the intended third party beneficiary.
[01:08:35.840 --> 01:08:38.360] So I have standing.
[01:08:38.360 --> 01:08:44.080] And you could see in his eyes, this guy's going to get me disbarred.
[01:08:44.080 --> 01:08:49.840] And I bet he said that to me 20 times if he said it once that I was going to get him disbarred.
[01:08:49.840 --> 01:08:54.160] So first thing I did is got him afraid to try to get removed.
[01:08:54.160 --> 01:08:59.320] And then I told him I had 19 due process violations filed in these motions for the court.
[01:08:59.320 --> 01:09:01.480] You will adequately adjudicate every single one of them.
[01:09:01.480 --> 01:09:07.080] You failed to adequately adjudicate a single one, I'll grieve you for each one.
[01:09:07.080 --> 01:09:14.080] Mr. Kelton, you would grieve me in a heartbeat.
[01:09:14.080 --> 01:09:17.080] So he was pretty excited.
[01:09:17.080 --> 01:09:21.920] We're in court and the prosecutor, he came to me and they were all up by the bench and
[01:09:21.920 --> 01:09:22.920] I'm outside the bar.
[01:09:22.920 --> 01:09:26.320] And he came to me, he said, the prosecutor standing over there said, the prosecutor said
[01:09:26.320 --> 01:09:28.040] that if you start, he, she knows who you are.
[01:09:28.040 --> 01:09:31.640] And if you start filing criminal charges, she's going to charge you as a temporary government
[01:09:31.640 --> 01:09:32.640] document.
[01:09:32.640 --> 01:09:34.040] Oh, she said that, didn't she?
[01:09:34.040 --> 01:09:35.320] And I'm looking right at her.
[01:09:35.320 --> 01:09:36.320] Yes, she did.
[01:09:36.320 --> 01:09:37.320] I said, well, get her over here.
[01:09:37.320 --> 01:09:40.600] I got 30 of them here and I pulled them out of my case.
[01:09:40.600 --> 01:09:45.040] I need her to verify these in accordance to her duty on Article 2.06 Code of Crime Procedure
[01:09:45.040 --> 01:09:46.040] and appointed her.
[01:09:46.040 --> 01:09:47.040] You get over here.
[01:09:47.040 --> 01:09:54.440] And she kind of scooched up against the bar and I handed these to the lawyer and he holds
[01:09:54.440 --> 01:09:56.640] up both hands with his palms out.
[01:09:56.640 --> 01:09:58.040] I'm not going to touch them.
[01:09:58.040 --> 01:10:00.920] Take them, you cuckoo.
[01:10:00.920 --> 01:10:02.360] We go out to lunch.
[01:10:02.360 --> 01:10:11.640] They dismissed my case while we were out to lunch, just to protect my lawyer from me.
[01:10:11.640 --> 01:10:15.480] That's an advantage you have.
[01:10:15.480 --> 01:10:19.720] Your lawyer already knows you beat them once.
[01:10:19.720 --> 01:10:27.200] So the likelihood of you taking a deal, even if you didn't beat them, you've already served
[01:10:27.200 --> 01:10:29.760] the time.
[01:10:29.760 --> 01:10:32.280] You got nothing to lose.
[01:10:32.280 --> 01:10:33.280] Yes.
[01:10:33.280 --> 01:10:34.280] I have nothing to lose.
[01:10:34.280 --> 01:10:39.480] I went and got the land title for the apartments and I actually went down to the courthouse
[01:10:39.480 --> 01:10:43.120] and got a hard copy of them and it is private property.
[01:10:43.120 --> 01:10:48.400] So now I'm ready to... Do I want to write my own motion to dismiss and then send it
[01:10:48.400 --> 01:10:49.400] to him?
[01:10:49.400 --> 01:10:50.400] Yep.
[01:10:50.400 --> 01:10:51.400] I would do that.
[01:10:51.400 --> 01:10:52.400] Okay.
[01:10:52.400 --> 01:10:58.360] And I'm probably, I'm not an expert on legal writing, so I'm sure there's going to be mistakes.
[01:10:58.360 --> 01:11:06.000] So will his pair of legal... Send it to him and say, fix this and file it.
[01:11:06.000 --> 01:11:07.000] Fix it and file it.
[01:11:07.000 --> 01:11:08.000] Got it.
[01:11:08.000 --> 01:11:15.680] And you might ask him to... Now you can challenge the sufficiency of the indictment.
[01:11:15.680 --> 01:11:20.320] I'm going to tell him that or I'm going to do that?
[01:11:20.320 --> 01:11:21.320] Yeah.
[01:11:21.320 --> 01:11:22.320] Tell him to do that.
[01:11:22.320 --> 01:11:30.200] Tell him to challenge the sufficiency of the indictment because the evidence shows that
[01:11:30.200 --> 01:11:37.760] there was no crime and ask that the indictment be stricken.
[01:11:37.760 --> 01:11:38.760] Okay.
[01:11:38.760 --> 01:11:40.040] Got it.
[01:11:40.040 --> 01:11:47.200] That's the easiest way to make this go away and nobody lose face and you can do it based
[01:11:47.200 --> 01:11:48.440] on new information.
[01:11:48.440 --> 01:11:51.560] You can show that there was never grounds for an indictment.
[01:11:51.560 --> 01:11:52.560] Okay.
[01:11:52.560 --> 01:11:53.560] Got it.
[01:11:53.560 --> 01:11:58.160] And since it is a new trial, now you can challenge the indictment again.
[01:11:58.160 --> 01:12:03.320] Generally, after trial starts, you can't challenge the indictment, but that trial has been tossed,
[01:12:03.320 --> 01:12:05.120] so now you can challenge it.
[01:12:05.120 --> 01:12:06.120] Okay.
[01:12:06.120 --> 01:12:07.120] I got it.
[01:12:07.120 --> 01:12:08.120] Thank you.
[01:12:08.120 --> 01:12:09.760] I'll let you move on and I sure appreciate it.
[01:12:09.760 --> 01:12:10.760] I'll call you next week.
[01:12:10.760 --> 01:12:11.760] Okey-doke.
[01:12:11.760 --> 01:12:12.760] All right.
[01:12:12.760 --> 01:12:13.760] Thanks.
[01:12:13.760 --> 01:12:14.760] Okay.
[01:12:14.760 --> 01:12:17.360] Now we're going to go to Linda in Tennessee.
[01:12:17.360 --> 01:12:18.360] Hello, Linda.
[01:12:18.360 --> 01:12:19.360] Hello, Randy.
[01:12:19.360 --> 01:12:23.480] I have a situation.
[01:12:23.480 --> 01:12:30.280] I live in a mobile home park and I own my mobile home, but I rent a lot.
[01:12:30.280 --> 01:12:38.120] I have two cars, one that I drive around for work each day and I have a van that sits in
[01:12:38.120 --> 01:12:39.120] my driveway.
[01:12:39.120 --> 01:12:48.040] I back into my parking spot on this piece of lot that I rent, so the tags are not visible
[01:12:48.040 --> 01:12:49.040] from the street.
[01:12:49.040 --> 01:12:52.760] Everybody has to actually walk towards and on the lot that I rent.
[01:12:52.760 --> 01:13:00.440] All that to say, on Friday when I came home, there is a sticker from a towing company that
[01:13:00.440 --> 01:13:07.280] is telling me that he's going to tow my car or my van in 10 days because I have expired
[01:13:07.280 --> 01:13:11.480] tags.
[01:13:11.480 --> 01:13:17.760] Jumping to another part is that here in this mobile home park, part of the lease agreement
[01:13:17.760 --> 01:13:24.000] is to keep the... They use the word vehicle properly tagged.
[01:13:24.000 --> 01:13:29.040] I have to look up the lease agreement again.
[01:13:29.040 --> 01:13:36.520] Anyway, on Monday, me being absolutely furious with this because it's my property, they don't
[01:13:36.520 --> 01:13:37.920] have any reason to take it.
[01:13:37.920 --> 01:13:40.760] They have no authority to take it.
[01:13:40.760 --> 01:13:48.240] I called the towing company and I asked him what authority, because at this point, I don't
[01:13:48.240 --> 01:13:51.880] have any hard evidence that it was linked to the mobile home park itself.
[01:13:51.880 --> 01:13:59.520] This was just a random towing company, although interestingly, I know that it's via the mobile
[01:13:59.520 --> 01:14:00.520] home park.
[01:14:00.520 --> 01:14:06.320] I said, what authority do you have to take my van?
[01:14:06.320 --> 01:14:08.280] He said, because you have expired tags.
[01:14:08.280 --> 01:14:16.680] I said, well, you can't just tow any car out on the road because it has expired tags.
[01:14:16.680 --> 01:14:18.920] There has to be a policeman there.
[01:14:18.920 --> 01:14:22.960] He says, well, I have an agreement with the mobile home park.
[01:14:22.960 --> 01:14:26.200] I said, well, where did they get their authority from?
[01:14:26.200 --> 01:14:27.520] He goes, well, I don't know.
[01:14:27.520 --> 01:14:31.520] I said, do not take my van.
[01:14:31.520 --> 01:14:32.520] I said that twice.
[01:14:32.520 --> 01:14:37.600] He said, well, in order to fix it, just buy tags.
[01:14:37.600 --> 01:14:42.880] I'm not going to buy tags, but this was just a trigger for me.
[01:14:42.880 --> 01:14:43.880] Okay.
[01:14:43.880 --> 01:14:44.880] Hold on.
[01:14:44.880 --> 01:14:48.360] Look at your rental agreement.
[01:14:48.360 --> 01:14:50.160] Yes.
[01:14:50.160 --> 01:14:53.960] And look at, are you in a municipality?
[01:14:53.960 --> 01:14:57.160] I'm in a city, if that's what you mean.
[01:14:57.160 --> 01:14:58.160] Yes.
[01:14:58.160 --> 01:15:01.840] Look at the municipal ordinances.
[01:15:01.840 --> 01:15:09.440] Generally, in order for a vehicle to be parked on property within a municipality, they will
[01:15:09.440 --> 01:15:22.320] have an ordinance requiring that the automobile be tagged and safety and sticker be roadworthy.
[01:15:22.320 --> 01:15:26.860] So it may not be the property order.
[01:15:26.860 --> 01:15:32.360] It may well be the city ordinance and the property and your contract with the property
[01:15:32.360 --> 01:15:39.800] owner will most likely have a governing law clause in it.
[01:15:39.800 --> 01:15:41.280] Okay.
[01:15:41.280 --> 01:15:46.520] I don't recall, I haven't reviewed the lease in a while.
[01:15:46.520 --> 01:15:50.800] I don't recall the governing part of it.
[01:15:50.800 --> 01:15:57.320] Yesterday, I talked to, I was just coming down the road and I saw a police officer sitting
[01:15:57.320 --> 01:16:02.480] on the side of the road and they're like, oh, I'm going to go talk to him.
[01:16:02.480 --> 01:16:11.760] He suggested I talk to the sheriff and I said, okay, but here in Memphis, in order for a
[01:16:11.760 --> 01:16:19.280] tow truck driver to even pick up the car, to tow which car, he has to have the police
[01:16:19.280 --> 01:16:20.280] involved somehow.
[01:16:20.280 --> 01:16:22.560] I haven't quite figured out that.
[01:16:22.560 --> 01:16:27.360] That's only going to be if he's towing it from public property.
[01:16:27.360 --> 01:16:33.480] If he's towing from private property, then that won't be a requirement.
[01:16:33.480 --> 01:16:36.320] But then he's liable to whoever owns that property.
[01:16:36.320 --> 01:16:37.320] Hang on.
[01:16:37.320 --> 01:16:39.520] We'll pick this up and come back on the other side.
[01:16:39.520 --> 01:16:47.760] This is Randy Kelton, Deborah Stevens, Wheel of Our Radio, our caller number 512-646-1984.
[01:16:47.760 --> 01:16:53.720] We've got three more segments, so give us a call, see if we can play Stump the Chumps,
[01:16:53.720 --> 01:17:00.960] and we'll be right back.
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[01:20:27.400 --> 01:20:36.680] in Texas and I went to an auction and kind of got snookered into buying two 40 foot buses
[01:20:36.680 --> 01:20:41.480] and the house next to me between me and city hall I bought and tore it down so I got a
[01:20:41.480 --> 01:20:48.040] huge empty lot there and I put these buses on it and I come out there one day we got
[01:20:48.040 --> 01:20:51.560] a new mayor and he didn't like me anyway and he was kind of a smart mouth and he told me
[01:20:51.560 --> 01:20:59.160] I was going to have to either put plates on them but buses or move them so he come out the next
[01:20:59.160 --> 01:21:07.000] day and I had these big tarps that they use they use for signage on these big billboards and when
[01:21:07.000 --> 01:21:11.000] they take them off they don't have anything to do with them so I got a bunch of them and I covered
[01:21:11.000 --> 01:21:21.560] the buses with them check the ordinances okay well here's one of the things though Randy I did talk
[01:21:21.560 --> 01:21:28.520] to a sergeant at the the county sheriff's department I had his name written down somewhere
[01:21:29.240 --> 01:21:36.440] this going I was on the phone with him probably a good 15 minutes and telling him my perception
[01:21:36.440 --> 01:21:43.080] that it looks like they're getting ready to steal my car or my van never once did he mention any
[01:21:43.080 --> 01:21:50.040] kind of ordinances at all now I don't know if he would be privy to that type of information I would
[01:21:50.040 --> 01:21:57.320] think he would be but that's almost and I've talked to you know two police officers not neither one of
[01:21:57.320 --> 01:22:06.680] them had said anything about any kind of ordinances at all okay here's the thing be the ones that I
[01:22:06.680 --> 01:22:14.600] have never talked to a policeman that had a clue what the laws were even the ones they were enforcing
[01:22:16.280 --> 01:22:21.400] so the fact that they didn't reference ordinances would not I wouldn't be surprised at all
[01:22:21.400 --> 01:22:31.880] they just they don't know I understand but the one um seems to know quite a few things um and
[01:22:32.440 --> 01:22:38.440] but anyway regardless of that where would I go to look for these ordinances go to see hall
[01:22:39.240 --> 01:22:45.320] and ask the clerk to see the ordinances okay and they'll go get you the ordinance books you only
[01:22:45.320 --> 01:22:50.520] know as big as you think you know you'd expect and ask them if well you know if they're going to
[01:22:50.520 --> 01:22:56.680] if well you'd find the ordinances concerning abandoned vehicles on property they'll probably
[01:22:56.680 --> 01:23:03.320] point you right to it and you put you probably ask the secretary if there's an ordinance about
[01:23:03.320 --> 01:23:11.240] say I've got a antique car that I'm maintaining for investment purposes
[01:23:11.240 --> 01:23:19.880] uh can I tarp it if I put a tarp on it is it legal and show me where it's at in the ordinances
[01:23:20.600 --> 01:23:27.080] and most cities will have this ordinance if you have a boat or something you put here's the thing
[01:23:27.080 --> 01:23:33.240] brandy the tags were only out six days it's not like it's an abandoned vehicle it's not like it's
[01:23:33.240 --> 01:23:38.120] parked there and never moved okay well here's what I suggest if you're anything about my sister
[01:23:38.120 --> 01:23:43.800] fix the tags I want them to take it I want them to take it I want to fight it I don't want to
[01:23:43.800 --> 01:23:50.200] send them all to jail like that then check your check your codes first make sure they don't have
[01:23:50.200 --> 01:23:57.400] either code or contract to stand on okay but put a tag on it and then cover it with a tarp
[01:23:57.400 --> 01:24:08.440] well okay make sure where the tag is at you put duct tape around the tarp so
[01:24:08.440 --> 01:24:22.040] they can't pull it up and look oh hold on hold on uh how far from the street or right of way
[01:24:22.040 --> 01:24:31.560] are these vehicles parked if there is no parking there's no driveway it's like you pull into this
[01:24:31.560 --> 01:24:37.880] piece of land that you rent see I'm thinking that maybe you can tell me on this if I'm renting this
[01:24:37.880 --> 01:24:42.680] piece of property what kind of normal and I've got to look this up renter's rights do I have
[01:24:42.680 --> 01:24:50.440] is he allowed to come onto this lot that I'm renting and oh no no no no just because you rent
[01:24:50.440 --> 01:24:56.840] it don't mean you have less possessory rights you are in legal possession of the property
[01:24:56.840 --> 01:25:08.520] the reason I was asking that question is if you could put a barrier around it say get four cones
[01:25:09.480 --> 01:25:13.400] and drill your little hole through the top of them or you can thread a rope through it
[01:25:13.400 --> 01:25:22.280] thread the rope through the cone and put the rope around the vehicle and then put a little sign on
[01:25:22.280 --> 01:25:33.240] it that says no trespass no trespass won't help you if there is no barrier really okay it don't
[01:25:33.240 --> 01:25:40.520] matter how much the barrier is if a reasonable person of ordinary prudence could look at that
[01:25:40.520 --> 01:25:46.760] and tell that it was put there to prevent people from crossing it that's a barrier
[01:25:48.760 --> 01:25:56.200] I had a friend of mine drop a propane tank off next to my house and a few days later the police
[01:25:56.200 --> 01:26:00.760] come with a tow truck to pick it up and I said and the chief of police was a personal friend of mine
[01:26:01.640 --> 01:26:07.000] I said what are you doing so we'll get that tank no no you can't come on my property he said oh yes
[01:26:07.000 --> 01:26:15.800] I can he said now if you had stuck some popsicle sticks in the ground and tied a string around the
[01:26:15.800 --> 01:26:20.680] top of those popsicle sticks and wrapped it around your yard I couldn't cross it
[01:26:22.760 --> 01:26:25.800] but you don't have anything so I can cross it
[01:26:28.360 --> 01:26:34.680] okay one of the reasons Texas is open range okay we're not supposed to put any kind of
[01:26:34.680 --> 01:26:41.400] fencing or anything around here oh this is not fencing this is just a noticeable barrier this
[01:26:41.400 --> 01:26:45.240] is your private property and you don't want anybody to touch it that's why I said cones
[01:26:45.240 --> 01:26:51.160] you said cones down there yeah you're putting a marker that this is your private property you
[01:26:51.160 --> 01:26:59.320] don't want it touched and now when you hang the no trespass sign on it it says this is my property
[01:26:59.320 --> 01:27:06.520] I have legal possession of it even if I don't own it and I don't want anybody trespassing on this
[01:27:06.520 --> 01:27:16.200] portion of my property okay well the thing is if you got it covered with a tarp and it's legal
[01:27:18.760 --> 01:27:22.360] the only way they can find out it's legal is by criminal trespass
[01:27:22.360 --> 01:27:30.760] yes if you think all ahead and they ignore all of that or they you know make sure you
[01:27:31.560 --> 01:27:37.800] make sure you've checked law I will if the city requires that a vehicle be
[01:27:39.480 --> 01:27:45.560] they generally require that to be registered and inspected that's generally a municipal requirement
[01:27:45.560 --> 01:27:54.440] we uh we dropped the inspection because we just don't have the money yeah but that you check
[01:27:54.440 --> 01:28:01.080] check the ordinances if it's in the ordinances then they can tow it you won't have an argument
[01:28:02.200 --> 01:28:08.840] okay but look for the tarpy thing just throw a tarp over it and tape it down yeah you know pull
[01:28:08.840 --> 01:28:13.080] it down on the corners and put duct tape on it so you can't lift it up unless you pull the duct tape
[01:28:13.080 --> 01:28:21.640] off and if they pass the barrier and rip the duct tape off that's criminal trespass okay now
[01:28:21.640 --> 01:28:29.960] you won't win it but you got the claim say you guys want to play hardball welcome to the deep
[01:28:29.960 --> 01:28:38.600] end of the pool and see I want I'm just curious about this whole thing because there's a lot
[01:28:38.600 --> 01:28:46.760] other quote violations around here okay okay okay we do this all the time and it is great fun
[01:28:48.040 --> 01:28:56.280] but make sure you got everything on your side first yeah check the tarp laws if you can tarp
[01:28:56.280 --> 01:29:06.520] it tarp it you're good check the see if there's a requirement that property that any motor vehicle
[01:29:06.520 --> 01:29:16.120] any rodable type equipment must be inspected and registered if the ordinance is there they can pull
[01:29:16.120 --> 01:29:24.120] it and you're going to lose so make sure you got them where you can go after them okay and then
[01:29:24.120 --> 01:29:30.440] it's just all kind of stuff you can do if he if he comes to get it and you have the tarp over it
[01:29:30.440 --> 01:29:38.920] and you have it plated and the officer comes with a gun on his hip and does any huffing and puffing
[01:29:38.920 --> 01:29:44.520] oh you can really make them unhappy hang on randy helton david stevens rewild radio
[01:29:44.520 --> 01:30:02.440] uh calling number 512646 1984 give us a call we've got two more segments left we'll be right back
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[01:33:02.680 --> 01:33:07.640] you are listening to the logos radio network logosradionetwork.com
[01:33:07.640 --> 01:33:27.640] okay
[01:33:37.640 --> 01:33:44.640] We're Andy Kelton and Debra Stevens of Rue de la Radio and we're talking to Linda in
[01:33:44.640 --> 01:33:52.640] Tennessee and yeah, we really like to go after them and not out of meanness or spite but
[01:33:52.640 --> 01:34:01.760] sometimes we have to remind them that they're servants, they're public servants and you
[01:34:01.760 --> 01:34:09.000] and I, we're the masters and sometimes they forget that and it's like my kids, I love
[01:34:09.000 --> 01:34:15.800] my grandkids, I love them dearly but if one of them runs out in the street, I'm fixing
[01:34:15.800 --> 01:34:22.560] to tan his hide so sometimes we need to tan their hides a little but always make sure
[01:34:22.560 --> 01:34:26.520] you've got the law on your side before you start.
[01:34:26.520 --> 01:34:31.720] I am, while we were on break, I went and looked up the city ordinance here and there's a list
[01:34:31.720 --> 01:34:33.640] of them.
[01:34:33.640 --> 01:34:37.280] Under what kind of heading would, I'm not seeing anything that looks like...
[01:34:37.280 --> 01:34:40.840] It will probably be abandoned vehicles.
[01:34:40.840 --> 01:34:45.400] I don't see anything but I'll go over it.
[01:34:45.400 --> 01:34:51.960] It has vacant property and that might be something that I look under but I...
[01:34:51.960 --> 01:34:57.440] Probably if you ask the city secretary, she'll probably know exactly where it is, if it's
[01:34:57.440 --> 01:34:58.440] there.
[01:34:58.440 --> 01:34:59.440] Okay.
[01:34:59.440 --> 01:35:00.440] Okay.
[01:35:00.440 --> 01:35:06.240] If it's not there, then look at your lease agreement or your rental agreement and see
[01:35:06.240 --> 01:35:15.840] if it's in there and if it's not, make sure you have cameras ready and come on by, Bubba,
[01:35:15.840 --> 01:35:26.280] get your little rope around it so he has to commit criminal trespass and if you tarp it,
[01:35:26.280 --> 01:35:27.280] that would be...
[01:35:27.280 --> 01:35:34.920] Okay, you're the tow truck driver and you saw this truck out there and the sticker was
[01:35:34.920 --> 01:35:43.560] expired and you come back and they got a tarp over it and it's all taped down so you have
[01:35:43.560 --> 01:35:48.760] to whip it loose to get it up so you can see.
[01:35:48.760 --> 01:35:49.760] What do you do?
[01:35:49.760 --> 01:35:57.480] You know what, Randy, this guy was so cocky with me that he would probably go ahead and
[01:35:57.480 --> 01:35:58.480] do it.
[01:35:58.480 --> 01:36:03.560] He'd probably tear it off and you know...
[01:36:03.560 --> 01:36:05.720] Let me ask you one other thing.
[01:36:05.720 --> 01:36:14.720] If he's the only one that I have proof that is coming after me and he says that Allentown
[01:36:14.720 --> 01:36:21.800] has it, would I have, I'm sorry, I shouldn't have said their name, recourse to go after
[01:36:21.800 --> 01:36:25.000] the mobile home park?
[01:36:25.000 --> 01:36:34.000] If there is no provision in the rental agreement, as long as they don't have some established
[01:36:34.000 --> 01:36:39.080] written rules or some established covenant in the agreement, yes, they would have no
[01:36:39.080 --> 01:36:46.040] authority to touch your property but I can almost assure you that they're going to have
[01:36:46.040 --> 01:36:49.720] something to give them grounds to do this.
[01:36:49.720 --> 01:36:55.920] It may be that the city is ordering them to but there's going to be something that they're
[01:36:55.920 --> 01:36:58.400] standing on.
[01:36:58.400 --> 01:37:06.360] You know what, knowing some of the other things that they have done, for example, they told
[01:37:06.360 --> 01:37:09.640] the man next door, because we have a lot of Hispanics around here where English is not
[01:37:09.640 --> 01:37:15.080] their first language, told them that he was being evicted because he needed to paint his
[01:37:15.080 --> 01:37:16.080] porch.
[01:37:16.080 --> 01:37:20.160] He was so upset for two or three days going, I don't know where I'm going to go.
[01:37:20.160 --> 01:37:23.560] We looked online to see if they had done that.
[01:37:23.560 --> 01:37:26.960] They had not done that.
[01:37:26.960 --> 01:37:32.960] They made him sign a paper and because he couldn't read the English properly is that
[01:37:32.960 --> 01:37:41.680] they said, you can see that you are in receipt of eviction papers and he signed it.
[01:37:41.680 --> 01:37:42.680] I go, no.
[01:37:42.680 --> 01:37:43.680] Hold on here.
[01:37:43.680 --> 01:37:49.720] These people are just doing- There's a term for that.
[01:37:49.720 --> 01:37:52.240] You probably have a statute for that.
[01:37:52.240 --> 01:37:53.240] Harassing.
[01:37:53.240 --> 01:37:54.240] No, better.
[01:37:54.240 --> 01:37:55.240] What?
[01:37:55.240 --> 01:37:57.240] Simulating the legal process.
[01:37:57.240 --> 01:38:00.240] That sounds interesting.
[01:38:00.240 --> 01:38:03.240] That's a no-no.
[01:38:03.240 --> 01:38:14.800] See, they've done this to other people, too, and they've said, well, open your door.
[01:38:14.800 --> 01:38:21.480] That's not how eviction notices- Eviction is almost the same everywhere.
[01:38:21.480 --> 01:38:26.320] In order to evict, you must put a notice to vacate on the door.
[01:38:26.320 --> 01:38:29.960] It generally is a three-day notice to vacate.
[01:38:29.960 --> 01:38:36.080] When the tenant ignores the three-day notice to vacate, then you must go to the court and
[01:38:36.080 --> 01:38:39.760] file a petition for unlawful detainer.
[01:38:39.760 --> 01:38:45.440] Then they'll hold a hearing on the petition for unlawful detainer and then the judge will
[01:38:45.440 --> 01:38:54.480] issue an order to evict, and then the constable will come and put a 24-hour red tag or notice
[01:38:54.480 --> 01:38:57.600] to vacate.
[01:38:57.600 --> 01:39:02.560] After the 24 hours, then they will schedule a physical eviction.
[01:39:02.560 --> 01:39:07.840] This is how it's worked everywhere that I've worked, and I do a lot on foreclosures, so
[01:39:07.840 --> 01:39:10.360] I've got a lot of experience in that.
[01:39:10.360 --> 01:39:11.360] Okay.
[01:39:11.360 --> 01:39:20.440] If they... You know, header type of stationery and said,
[01:39:20.440 --> 01:39:21.440] you've got to get out.
[01:39:21.440 --> 01:39:22.440] That's the first step?
[01:39:22.440 --> 01:39:23.440] Yeah.
[01:39:23.440 --> 01:39:24.440] That's a notice to vacate.
[01:39:24.440 --> 01:39:25.440] Okay.
[01:39:25.440 --> 01:39:26.440] Notice to vacate.
[01:39:26.440 --> 01:39:29.440] That's... But hold on.
[01:39:29.440 --> 01:39:33.520] Have these guys... Are these guys rent up to date?
[01:39:33.520 --> 01:39:34.520] Yes.
[01:39:34.520 --> 01:39:35.520] Okay.
[01:39:35.520 --> 01:39:43.920] If you look at... You're going to have renter's rights laws.
[01:39:43.920 --> 01:39:49.720] The Obama administration passed a new set of laws concerning that because of all these
[01:39:49.720 --> 01:39:50.720] evictions.
[01:39:50.720 --> 01:39:56.720] There's a special set of laws to protect renters, but every state has a law to protect renters.
[01:39:56.720 --> 01:39:58.640] You need to look those up.
[01:39:58.640 --> 01:40:03.520] If you can find them stepping across one of them, you know, this is your home, and like
[01:40:03.520 --> 01:40:07.440] this guy next door, they come and tell him he's going to be evicted.
[01:40:07.440 --> 01:40:17.480] That is... It's emotionally stressful, and it can ruin his health and cause just severe
[01:40:17.480 --> 01:40:21.560] emotional distress.
[01:40:21.560 --> 01:40:27.560] If you commit... You cause emotional distress while you're exerting or purporting to exert
[01:40:27.560 --> 01:40:33.080] an authority you don't have, you're subject to civil tort.
[01:40:33.080 --> 01:40:41.480] But if you simulate a legal process, like if you give him a notice that he's been evicted,
[01:40:41.480 --> 01:40:44.720] apparently what you're talking about was just a notice to vacate.
[01:40:44.720 --> 01:40:45.720] No.
[01:40:45.720 --> 01:40:46.720] No.
[01:40:46.720 --> 01:40:57.040] They said... These people have... This is just one mobile home park among many that
[01:40:57.040 --> 01:41:00.160] they own that are owned by big attorneys.
[01:41:00.160 --> 01:41:07.160] So I am going to say, I'm going to guess, that they know how to use the right terms.
[01:41:07.160 --> 01:41:12.760] They got this man all upset, put him in a position and said, you must sign this, and
[01:41:12.760 --> 01:41:23.160] the sign said, you can see that you received notice of convict... No, not notice of eviction,
[01:41:23.160 --> 01:41:25.680] but not notice to vacate.
[01:41:25.680 --> 01:41:29.320] I would think that they would have their proper terminology.
[01:41:29.320 --> 01:41:30.320] Okay.
[01:41:30.320 --> 01:41:33.360] Where is the local justice of the peace?
[01:41:33.360 --> 01:41:34.360] I don't know.
[01:41:34.360 --> 01:41:38.360] Find out who the local JP is.
[01:41:38.360 --> 01:41:47.720] The JP would be the one where they would petition for a... I don't know, for a detainer.
[01:41:47.720 --> 01:41:51.560] Does this guy still have a copy of the document you're referencing?
[01:41:51.560 --> 01:41:52.560] Oh, yes.
[01:41:52.560 --> 01:41:55.840] I tell... Everybody around here who gives these notices, I say...
[01:41:55.840 --> 01:41:56.840] Okay.
[01:41:56.840 --> 01:41:57.840] Go pick up a... Okay.
[01:41:57.840 --> 01:42:02.160] They're liars.
[01:42:02.160 --> 01:42:05.560] You can welcome them to the deep end of the pool.
[01:42:05.560 --> 01:42:06.560] I would love to.
[01:42:06.560 --> 01:42:12.960] They are... They're especially vulnerable.
[01:42:12.960 --> 01:42:18.360] Lawyers are... They're terrified with good cause.
[01:42:18.360 --> 01:42:21.320] They're used to pushing people around, don't know what they're doing, but when you know
[01:42:21.320 --> 01:42:23.840] what you're doing, they run like rabbits.
[01:42:23.840 --> 01:42:24.840] Okay.
[01:42:24.840 --> 01:42:29.800] If they've done a couple of these, if they've done it more than once, then take the documents
[01:42:29.800 --> 01:42:39.240] themselves down to the JP and ask the JP to pull up the unlawful detainer hearing for
[01:42:39.240 --> 01:42:41.680] each one of these.
[01:42:41.680 --> 01:42:43.120] Okay.
[01:42:43.120 --> 01:42:49.920] If these documents say that they have been evicted, then that's something that only a
[01:42:49.920 --> 01:42:56.560] JP can do, or there's an order of eviction, and you go down to the JP and there is no
[01:42:56.560 --> 01:43:03.760] such thing, then they've committed fraud against a person, and they're not just ordinary human
[01:43:03.760 --> 01:43:04.760] beings.
[01:43:04.760 --> 01:43:13.320] They're learned at counsel, and as such, they are held to a higher ethical standard.
[01:43:13.320 --> 01:43:14.320] Yeah.
[01:43:14.320 --> 01:43:17.320] File a bar grievance against them.
[01:43:17.320 --> 01:43:24.320] That'll make them berserk, because you'll double their malpractice insurance.
[01:43:24.320 --> 01:43:30.520] It generally starts between $25,000 and $40,000 a year.
[01:43:30.520 --> 01:43:31.520] That would be fine.
[01:43:31.520 --> 01:43:35.520] Can I do this with some of these people who have already been evicted?
[01:43:35.520 --> 01:43:36.520] Yes.
[01:43:36.520 --> 01:43:37.520] Hold on.
[01:43:37.520 --> 01:43:38.520] We'll pick that up when we come back.
[01:43:38.520 --> 01:43:42.240] You can help them as well, and that'll make this even stronger.
[01:43:42.240 --> 01:43:49.480] Randy Kelton, Debra Stevens, read of our radio, our call in number 512-646-1984.
[01:43:49.480 --> 01:44:00.360] We're going to our last segment, and we'll be right back.
[01:44:00.360 --> 01:44:03.880] You feel tired when talking about important topics like money and politics?
[01:44:03.880 --> 01:44:04.880] Sorry.
[01:44:04.880 --> 01:44:07.720] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.720 --> 01:44:08.720] What?
[01:44:08.720 --> 01:44:12.640] You may be diagnosed with the deadliest disease known today, stupidity.
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[01:46:22.320 --> 01:46:36.720] Okay, we are back.
[01:46:36.720 --> 01:46:42.320] Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking to Linda in Tennessee.
[01:46:42.320 --> 01:46:47.360] And lawyers are especially vulnerable.
[01:46:47.360 --> 01:46:54.320] I had a lawyer once tell me that, I mentioned bar grievance, oh, you should be real careful
[01:46:54.320 --> 01:46:56.360] with those.
[01:46:56.360 --> 01:47:01.640] The way they do bar grievances is just patently unfair.
[01:47:01.640 --> 01:47:06.800] He said, one bar grievance, your first year of practice, they cancel immediately.
[01:47:06.800 --> 01:47:09.520] Two bar grievances, any one year of practice, they cancel.
[01:47:09.520 --> 01:47:16.240] Three, they'll cancel your law firm's malpractice insurance, and I've since found that was correct.
[01:47:16.240 --> 01:47:20.800] These lawyers go berserk when you start filing grievances against them.
[01:47:20.800 --> 01:47:27.200] The problem is, when you file a grievance against them, they're not allowed to say anything
[01:47:27.200 --> 01:47:32.000] to you about it.
[01:47:32.000 --> 01:47:33.000] I love that part.
[01:47:33.000 --> 01:47:38.520] I just think it's just like, I would have known this before.
[01:47:38.520 --> 01:47:44.960] I've had relationships with attorneys that have gone really bad, and I wish I would have
[01:47:44.960 --> 01:47:48.120] done this, it would have stopped them dead in their tracks.
[01:47:48.120 --> 01:47:51.720] Oh, it makes them crazy.
[01:47:51.720 --> 01:47:53.040] And they can't do anything about it.
[01:47:53.040 --> 01:47:57.440] They say one word about the bar grievance, you file one for that.
[01:47:57.440 --> 01:48:02.240] And if you file a bar grievance against a lawyer, the state bar association is going
[01:48:02.240 --> 01:48:06.680] to get that grievance, and they're going to throw it in the trash.
[01:48:06.680 --> 01:48:07.680] And that's a good thing.
[01:48:07.680 --> 01:48:15.600] I had one attorney fire me because I had a propensity towards an agreement or something.
[01:48:15.600 --> 01:48:20.120] Wait, you're breaking up a little bit.
[01:48:20.120 --> 01:48:21.120] Okay.
[01:48:21.120 --> 01:48:25.800] I just said that I was fired by an attorney once.
[01:48:25.800 --> 01:48:37.480] Wait, did you work for the attorney or?
[01:48:37.480 --> 01:48:40.520] Did I lose you Linda?
[01:48:40.520 --> 01:48:41.520] Oh.
[01:48:41.520 --> 01:48:44.520] Are you there?
[01:48:44.520 --> 01:48:45.520] I am there.
[01:48:45.520 --> 01:48:46.520] We are.
[01:48:46.520 --> 01:48:52.160] I am in Austin, and I'd lost you there for a minute, and I could hear thunder banging
[01:48:52.160 --> 01:48:53.720] and booming outside.
[01:48:53.720 --> 01:48:56.000] That's what's happening.
[01:48:56.000 --> 01:49:03.080] No, I hired the attorney because I was in a car accident, and I kept on questioning
[01:49:03.080 --> 01:49:06.080] what he was doing, and he didn't like that.
[01:49:06.080 --> 01:49:13.440] And he just said, he told me to go away, and I was just livid because here I was in the
[01:49:13.440 --> 01:49:16.160] middle of something that I didn't know what to do.
[01:49:16.160 --> 01:49:19.320] I wish I would have known about bar grievances then.
[01:49:19.320 --> 01:49:20.320] Oh yeah.
[01:49:20.320 --> 01:49:23.040] Now, this goes beyond bar grievance.
[01:49:23.040 --> 01:49:28.520] This goes to malpractice, which is a whole lot worse.
[01:49:28.520 --> 01:49:32.520] I have this book by a guy named Charles Herring.
[01:49:32.520 --> 01:49:33.640] He's out here out of Austin.
[01:49:33.640 --> 01:49:41.200] He wrote it in 1990, and I'm about to order his updated version, but I talk about this
[01:49:41.200 --> 01:49:42.200] on the air.
[01:49:42.200 --> 01:49:50.120] I say that it's a book on malpractice, and nobody who is a lawyer read this book before
[01:49:50.120 --> 01:49:55.520] they went to law school, or they'd go out and flip burgers.
[01:49:55.520 --> 01:50:01.480] You can sue these guys for everything.
[01:50:01.480 --> 01:50:03.960] Have you mentioned the book, or can you give me the title of it?
[01:50:03.960 --> 01:50:06.480] I would be interested in hearing it.
[01:50:06.480 --> 01:50:07.800] It is malpractice.
[01:50:07.800 --> 01:50:14.560] This one is specifically from Texas, because it's Texas malpractice, and you can find it
[01:50:14.560 --> 01:50:15.560] on Amazon.
[01:50:15.560 --> 01:50:24.920] It's like 118 bucks, but I'm going to get it, and I am designing an electronic lawyer,
[01:50:24.920 --> 01:50:30.960] and what I will be designing is I'll take this book.
[01:50:30.960 --> 01:50:39.220] It has all of the causes of action you can bring under malpractice, and then it has associated
[01:50:39.220 --> 01:50:44.680] case law, and it will have all of the elements of each of the causes of action.
[01:50:44.680 --> 01:50:50.480] What I'll do is I'll write up a questionnaire.
[01:50:50.480 --> 01:50:54.200] You take the questionnaire and just answer all the questions, and it will walk you down
[01:50:54.200 --> 01:50:57.240] through all this information.
[01:50:57.240 --> 01:51:00.120] It's a data mining tool.
[01:51:00.120 --> 01:51:05.160] You mine the codes and causes of action, and once they get working, you just walk down
[01:51:05.160 --> 01:51:10.280] through it, and it will spit you out the suit.
[01:51:10.280 --> 01:51:14.360] I think you had talked about that before, haven't you?
[01:51:14.360 --> 01:51:16.680] Yes, I've been working on this for seven years.
[01:51:16.680 --> 01:51:19.880] I finally got funding for it.
[01:51:19.880 --> 01:51:26.200] I'm about to... I'm hoping that within a month, I have an initial working model for
[01:51:26.200 --> 01:51:36.080] a criminal, and once I have the criminal evaluation model working, that's the framework on which
[01:51:36.080 --> 01:51:40.640] we will put everything else.
[01:51:40.640 --> 01:51:46.760] I want to be launched within four months, and then within a few months after that, I'll
[01:51:46.760 --> 01:51:49.280] be bringing these other issues online.
[01:51:49.280 --> 01:51:54.880] I would love to be at... We have a set of tools.
[01:51:54.880 --> 01:52:01.600] We have a way of taking all of the codes, all the statutes, rules, regulations, and
[01:52:01.600 --> 01:52:10.280] stringing them together in an interlinked system so that we go down through a set of
[01:52:10.280 --> 01:52:18.600] questions on an issue, and every time an answer implicates a particular statute or a particular
[01:52:18.600 --> 01:52:27.000] code or a particular case law, the system will branch off to that, and then come back.
[01:52:27.000 --> 01:52:37.000] As you follow a line of questions over an issue, it will link out to every code or statute.
[01:52:37.000 --> 01:52:39.440] Let me give you an example.
[01:52:39.440 --> 01:52:48.000] Under the American Bar Association model standards, I have that converted mostly into a questionnaire.
[01:52:48.000 --> 01:52:55.280] In four clicks, I can get you to any specific standard, but in there, there's one in particular
[01:52:55.280 --> 01:53:03.440] that says, did opposing counsel have an ex parte communication with the judge without
[01:53:03.440 --> 01:53:06.680] notifying you or your counsel?
[01:53:06.680 --> 01:53:13.400] If you say yes to that, that implicates a bar grievance, but it also implicates the
[01:53:13.400 --> 01:53:26.280] judicial canons, and it goes to malpractice, and it may even go to criminal.
[01:53:26.280 --> 01:53:31.320] It will link out to each one of those separate codes.
[01:53:31.320 --> 01:53:36.400] When you get to the end of it, everything that's implicated has been addressed.
[01:53:36.400 --> 01:53:38.600] Wow, that sounds awesome.
[01:53:38.600 --> 01:53:45.080] We do research, and anybody who does research, they'll all tell you the same thing.
[01:53:45.080 --> 01:53:51.480] They dig and they dig and they dig, and they find everything they can, but they're always
[01:53:51.480 --> 01:53:53.240] worrying.
[01:53:53.240 --> 01:54:00.600] That scoundrel lawyer on the other side, I just know he's going to find something I missed
[01:54:00.600 --> 01:54:06.280] and bring it into court and beat me over the head with it.
[01:54:06.280 --> 01:54:11.320] Every lawyer has that concern, every paralegal.
[01:54:11.320 --> 01:54:17.200] Once we get this all stitched together and you walk down through this, you won't have
[01:54:17.200 --> 01:54:23.440] to worry that you've missed something, or if something has been missed, then it's all
[01:54:23.440 --> 01:54:28.380] built in a structure, in a mapped out structure.
[01:54:28.380 --> 01:54:34.600] We can go to the map and say, okay, right there is where the issue was.
[01:54:34.600 --> 01:54:42.240] We need to put in this particular question, and give you an example on the criminal evaluation.
[01:54:42.240 --> 01:54:43.240] Were you arrested?
[01:54:43.240 --> 01:54:44.480] Yes.
[01:54:44.480 --> 01:54:47.280] Were you arrested on an existing warrant?
[01:54:47.280 --> 01:54:48.280] Yes.
[01:54:48.280 --> 01:54:53.720] Did you have reason to believe that the police officer who testified before the magistrate
[01:54:53.720 --> 01:54:57.000] to secure the warrant misrepresented the truth to the magistrate?
[01:54:57.000 --> 01:55:03.120] If you say yes, that implicates Frank's hearing, a hearing for the purpose of determining the
[01:55:03.120 --> 01:55:07.120] veracity of a police officer who testified before a magistrate to secure a warrant.
[01:55:07.120 --> 01:55:12.120] It veers off, it asks all the questions it needs to develop a Frank's hearing, then comes
[01:55:12.120 --> 01:55:15.160] back and keeps going.
[01:55:15.160 --> 01:55:21.080] It never, ever forgets to ask that question.
[01:55:21.080 --> 01:55:26.600] If we find a place where we missed a question, or there's some new issue in law, we go to
[01:55:26.600 --> 01:55:33.880] that place, we make the adjustments, and it's never, ever missed.
[01:55:33.880 --> 01:55:41.600] We will make, we have a technology whereby we can set down a professional and capture
[01:55:41.600 --> 01:55:46.640] his entire expertise in a form of a questionnaire.
[01:55:46.640 --> 01:55:48.320] I think that's awesome.
[01:55:48.320 --> 01:55:53.680] Then we take that questionnaire and show it to another expert, and let him fill in the
[01:55:53.680 --> 01:55:54.680] empty spaces.
[01:55:54.680 --> 01:56:01.440] Then we make it available to lawyers, and we'll do an evaluation with this and send
[01:56:01.440 --> 01:56:05.040] the evaluation to the lawyers and make the tool available to the lawyers so they can
[01:56:05.040 --> 01:56:06.040] look at it.
[01:56:06.040 --> 01:56:11.520] Any of these lawyers find something we missed, they put it in there, and we make the evaluation
[01:56:11.520 --> 01:56:16.560] available to the pro se.
[01:56:16.560 --> 01:56:22.000] He gets to come into court not with just an expertise, he gets to come into court with
[01:56:22.000 --> 01:56:26.280] everybody's expertise.
[01:56:26.280 --> 01:56:28.520] That's the idea.
[01:56:28.520 --> 01:56:34.840] We eliminate the profession of lawyer and get lawyers to pay us to do it.
[01:56:34.840 --> 01:56:39.520] There's just something so intuitively satisfying about that.
[01:56:39.520 --> 01:56:41.840] What would stop the lawyers from getting that?
[01:56:41.840 --> 01:56:42.840] Oh, nothing.
[01:56:42.840 --> 01:56:44.480] Actually, that's incorrect.
[01:56:44.480 --> 01:56:47.280] We won't eliminate the profession of lawyer.
[01:56:47.280 --> 01:56:55.040] What we will do with this is make it so that lawyers can actually do their jobs.
[01:56:55.040 --> 01:57:01.120] I don't think there's a single lawyer who went to law school so that when he got out,
[01:57:01.120 --> 01:57:07.480] he could spend the rest of his professional career kissing some arrogant judges behind,
[01:57:07.480 --> 01:57:12.440] but that's what they wound up doing.
[01:57:12.440 --> 01:57:18.160] The last lawyer I had, they dismissed the case to protect my lawyer from me.
[01:57:18.160 --> 01:57:19.880] I heard you talking about that.
[01:57:19.880 --> 01:57:20.880] That's what's so funny.
[01:57:20.880 --> 01:57:21.880] I love it.
[01:57:21.880 --> 01:57:24.280] But you see, the lawyer, he was ecstatic.
[01:57:24.280 --> 01:57:30.640] He actually, when he didn't get disbarred, but then he won the case.
[01:57:30.640 --> 01:57:34.920] He actually got to do his job.
[01:57:34.920 --> 01:57:41.640] We do this evaluation and we send them to lawyers as a solicitation for representation.
[01:57:41.640 --> 01:57:46.560] The lawyer gets you as a client, now he goes to the judge and says, your honor, I'm sorry
[01:57:46.560 --> 01:57:52.680] I have to actively adjudicate this case, but my client knows all this stuff I'm supposed
[01:57:52.680 --> 01:57:53.680] to do.
[01:57:53.680 --> 01:57:57.520] He's going to kick my behind if I don't.
[01:57:57.520 --> 01:57:59.880] Now the lawyer has plausible deniability.
[01:57:59.880 --> 01:58:02.520] He can do his job.
[01:58:02.520 --> 01:58:04.520] Everybody will do better from this.
[01:58:04.520 --> 01:58:06.920] I lost my story and I'm sticking to it.
[01:58:06.920 --> 01:58:13.360] Randy, I thank you so much for all the time that you've given me, you've given me hope.
[01:58:13.360 --> 01:58:17.240] You are most welcome.
[01:58:17.240 --> 01:58:21.080] You sound nearly as mean as my sister.
[01:58:21.080 --> 01:58:22.080] Thank you for calling.
[01:58:22.080 --> 01:58:28.840] This is Randy Kelton, Deborah Stevens, we will be back tomorrow night with our four
[01:58:28.840 --> 01:58:32.760] hour info marathon and we'll be taking calls all night.
[01:58:32.760 --> 01:58:38.880] I was hoping to have a guest on, I'm not sure if I'll have him yet, but even if I don't,
[01:58:38.880 --> 01:58:44.280] we'll be having phone lines open all night, so give us a call, we get to play Stump the
[01:58:44.280 --> 01:58:45.280] Chumps.
[01:58:45.280 --> 01:58:50.720] Thank you for listening, good night.
[01:58:50.720 --> 01:58:56.800] Bibles for America is offering absolutely free a unique study Bible called the New Testament
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