ROL_2014-07-17_16k.timecode

[00:00.000 --> 00:07.360]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[00:07.360 --> 00:08.360]  at TheLibertyBeat.com.
[00:08.360 --> 00:13.680]  I'm Brian Hagen with your Liberty Beat for Thursday, July 17, 2014.
[00:13.680 --> 00:16.200]  Gold opened today at $1,303.
[00:16.200 --> 00:18.400]  Silver opened at $20 and 82 cents.
[00:18.400 --> 00:22.080]  And Bitcoin is trading at $617.27.
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[00:47.760 --> 00:50.800]  That's 844-248-6246.
[00:50.800 --> 00:55.360]  In the news, the Texas Department of Public Safety is now taking full sets of fingerprints
[00:55.360 --> 00:57.920]  from every Texan old enough to drive.
[00:57.920 --> 01:00.960]  Adding them to a statewide criminal history database.
[01:00.960 --> 01:05.520]  Critics say the move is illegal, arguing DPS is misinterpreting a section of the transportation
[01:05.520 --> 01:10.440]  code that allows an applicant's thumb prints or fingerprints to be used for verification.
[01:10.440 --> 01:15.360]  Dallas Morning News columnist Dave Lever also broke the story and says the law is intended
[01:15.360 --> 01:20.440]  to allow only thumbs and index fingerprints to be taken, not the entire set.
[01:20.440 --> 01:24.760]  Donald Jackson, a political science professor at Texas Christian University, is offering
[01:24.760 --> 01:29.560]  legal support to anyone wishing to challenge the new policy in court.
[01:29.560 --> 01:34.800]  The New York Police Department has been hit with a First Amendment lawsuit after a woman
[01:34.800 --> 01:38.960]  alleged her rights were violated when she tried to record police activity last September
[01:38.960 --> 01:41.200]  on the Upper West Side in New York.
[01:41.200 --> 01:45.520]  Plaintiff Deborah Goodman was allegedly pushed by officers and detained for more than 24
[01:45.520 --> 01:46.520]  hours.
[01:46.520 --> 01:49.880]  Goodman also said officers grabbed her arm and handcuffed her after refusing to provide
[01:49.880 --> 01:50.880]  ID.
[01:50.880 --> 01:55.960]  The lawsuit asked a judge to force the NYPD to allow onlookers to record police publicly.
[01:55.960 --> 02:03.160]  As reported by WCBS TV, the NYPD declined requests for comment.
[02:03.160 --> 02:08.600]  The Obama administration is allocating $50 million towards a luxury Texas hotel equipped
[02:08.600 --> 02:13.880]  with various amenities with intentions to use a resort for housing undocumented children.
[02:13.880 --> 02:18.480]  Baptist Childhood Family Services has been contracted to purchase the Palmer Resort and
[02:18.480 --> 02:24.000]  Hotel in Westlaco, a town a few miles north of the Rio Grande in Hidalgo County.
[02:24.000 --> 02:30.000]  KRGV reports the site will house up to 600 children aged 12 to 17 and create jobs for
[02:30.000 --> 02:31.760]  650 people.
[02:31.760 --> 02:36.400]  The charity group said the resort would function as an intake facility and also a hospital.
[02:36.400 --> 02:40.920]  Support for Liberty Beat comes from AffordableSouth, CD and DVD duplication along with posters
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[02:47.760 --> 02:53.240]  at affordablesound.com, or call them up at 512-459-5253.
[02:53.240 --> 02:57.280]  This is the Liberty Beat for Thursday, July 17, 2014.
[02:57.280 --> 03:23.280]  Check out the website at thelibertybeat.com.
[03:27.280 --> 03:53.280]  This is the Liberty Beat for Thursday, July 17, 2014.
[03:53.280 --> 04:22.800]  Howdy Howdy, this is Randy Kelton, Deborah Stevens here with a special guest today, Ken
[04:22.800 --> 04:34.120]  Magnuson, on this July the 17, 2014, and today we're going to talk about the Dirty Rotten
[04:34.120 --> 04:36.480]  Scoundrels.
[04:36.480 --> 04:43.760]  We have been working up here in North Texas on the court systems, and we find they are
[04:43.760 --> 04:48.640]  like everyone else, everywhere else horribly corrupt, and we're looking for a way to get
[04:48.640 --> 05:00.680]  a fix in, and Ken has been very active with our local politicians, and we're looking at
[05:00.680 --> 05:08.600]  taking the behavior of these officials and see if we can't get them set up for a rather
[05:08.600 --> 05:09.600]  major lawsuit.
[05:09.600 --> 05:12.360]  Do you want to pick that up, Ken?
[05:12.360 --> 05:20.240]  Yes, I think the biggest issue here is that we've seen for 20 years that I've been working
[05:20.240 --> 05:27.520]  in this a degradation of the system that seems to be, I never thought it could get worse
[05:27.520 --> 05:29.360]  and then it gets worse.
[05:29.360 --> 05:36.000]  So we're finding that the rules of court, the rules of law, the statutory laws, the
[05:36.000 --> 05:43.400]  rules that protect our rights of due process and so forth are just cavalierly disregarded
[05:43.400 --> 05:52.320]  and denied while various jurists and their cronies, which include attorneys and various
[05:52.320 --> 05:57.360]  entities within the government, depending on whether you're in a criminal or civil case,
[05:57.360 --> 06:03.840]  and they have essentially conspired to either deny you due process wholesale and just dismiss
[06:03.840 --> 06:09.600]  your case, or to churn your case in order to make a lot of money for the counsel that
[06:09.600 --> 06:11.720]  are involved.
[06:11.720 --> 06:19.400]  Many counsel have openly admitted that this is happening and many of them prescribe to
[06:19.400 --> 06:25.840]  the idea of, well, let's not do anything offensive, we don't want to piss off the judge.
[06:25.840 --> 06:32.280]  So the idea of following the rules and due process seems to be a secondary consideration
[06:32.280 --> 06:36.200]  to the political goal of not pissing off the judge.
[06:36.200 --> 06:42.640]  And one of the reasons for this, and I'm not making this statement about this book because
[06:42.640 --> 06:47.280]  I did any kind of royalties or anything, it's just a good read because it gives you a perspective,
[06:47.280 --> 06:52.240]  but there's a book out there by Michael Minns called The Underground Lawyer.
[06:52.240 --> 06:55.920]  And essentially everybody out there that's been fighting this battle, that's not a lawyer,
[06:55.920 --> 07:00.360]  but has been in the trenches and really done the research and written pleadings and so
[07:00.360 --> 07:01.680]  forth.
[07:01.680 --> 07:05.160]  You're fighting that battle, you're one of the underground lawyers.
[07:05.160 --> 07:11.800]  But in that book, he describes the various aspects of how lawyers have various personalities
[07:11.800 --> 07:17.000]  and one of the things he says in this book, which is really poignant, is the fact that
[07:17.000 --> 07:23.480]  clients come and go, but the other lawyers and judges you argue with or make your cases
[07:23.480 --> 07:28.040]  in front of are with, usually last decades.
[07:28.040 --> 07:35.360]  So why fight amongst ourselves when I can just throw my client under the bus and pick
[07:35.360 --> 07:37.360]  it up next time?
[07:37.360 --> 07:38.880]  I don't have to worry about it.
[07:38.880 --> 07:44.920]  My colleague doesn't go after me with a sledgehammer approach.
[07:44.920 --> 07:50.360]  There's just this quid pro quo type of, you win this one, I'll win the next one type of
[07:50.360 --> 07:51.360]  deal.
[07:51.360 --> 07:58.320]  And the clients are clueless or they don't get a sense of injustice until it's almost
[07:58.320 --> 08:00.640]  all done.
[08:00.640 --> 08:08.160]  Frequently, this may be done in various court cases in which the judge off the record will
[08:08.160 --> 08:13.680]  insinuate or imply to one counsel that you need to sit down and make a deal with the
[08:13.680 --> 08:18.560]  other side or I'm going to sanction you or I'm going to find for the other party in this
[08:18.560 --> 08:19.560]  motion.
[08:19.560 --> 08:23.440]  And just before they've heard any testimony, they've already made these statements.
[08:23.440 --> 08:27.720]  I've sat in courtrooms and heard this kind of thing happening and I've heard stories
[08:27.720 --> 08:32.440]  from attorneys that are really sick about the system the way it is.
[08:32.440 --> 08:39.480]  So the fact that we've got courts like that, we need to start collecting information.
[08:39.480 --> 08:44.240]  People that are out there that are around the various states, you need to start putting
[08:44.240 --> 08:47.760]  together a statement of fact about your case.
[08:47.760 --> 08:51.280]  And when we talk about the statement of facts in Randy, we'll go into that in more detail.
[08:51.280 --> 08:55.240]  He's very up on how to do statements of fact.
[08:55.240 --> 09:00.000]  It's not about the emotional battle of how they damaged you or how you feel.
[09:00.000 --> 09:08.640]  It's about what specific rules, what specific rights, what constitutional law did they violate
[09:08.640 --> 09:11.400]  and how did they violate it?
[09:11.400 --> 09:16.920]  And the list of facts are what took place, what got filed, chronological order, who
[09:16.920 --> 09:21.280]  filed what motion, when it was filed, when it was heard by the court, when the order
[09:21.280 --> 09:24.840]  was signed, if an order was ever signed.
[09:24.840 --> 09:29.080]  And I'm going to deviate off the topic on orders for just a second.
[09:29.080 --> 09:32.920]  It's one of the things that we've heard over and over and over again from various kinds
[09:32.920 --> 09:39.280]  of conferences is that appellate court judges are telling the trial court judges, if you've
[09:39.280 --> 09:44.800]  got pro-sale lit against, the best way to screw them over is not sign any orders.
[09:44.800 --> 09:49.600]  So I'm going to reiterate again, like, you know, I think it's a good technique to make
[09:49.600 --> 09:55.040]  sure that you understand that you don't preserve your error in your case for appeal or for
[09:55.040 --> 09:59.960]  any kind of complaint unless you have a signed order that's against you.
[09:59.960 --> 10:05.840]  I mean, if you had a motion that was denied, you need that order signed, denied.
[10:05.840 --> 10:10.200]  And I've walked in and even had happened to me where I've handed the judge the order
[10:10.200 --> 10:15.800]  to sign it and deny it and the judge has thrown it on the floor.
[10:15.800 --> 10:21.600]  So you file a motion to compel the judge to sign it and then you put whatever quote when
[10:21.600 --> 10:30.440]  you ask why not, you put that in there as an affidavit in what's called a verified pleading
[10:30.440 --> 10:36.680]  and you ask the court to sign the motions as is their, you know, ministerial duty to do
[10:36.680 --> 10:37.680]  so.
[10:37.680 --> 10:41.800]  So once you put that motion before the court, there's really not much else you have to do.
[10:41.800 --> 10:47.480]  You preserve your error by the fact that the court refuses to follow its ministerial duty.
[10:47.480 --> 10:54.200]  I've never, ever had a judge not sign an order after I file one of those motions.
[10:54.200 --> 10:56.280]  So that's how you preserve the errors.
[10:56.280 --> 11:00.280]  So you need to write your statements of fact and talk about the orders.
[11:00.280 --> 11:04.440]  One of the things that I do personally and tell other people to do this is when you get
[11:04.440 --> 11:08.840]  orders from the court, you scan them in your computer and in the file on whatever case
[11:08.840 --> 11:12.320]  you're working on, there should be a folder that says court orders.
[11:12.320 --> 11:16.360]  You can always go there and reproduce these orders anytime you want, but at least you
[11:16.360 --> 11:20.040]  got them in chronological order out there and you know where to find them so you know
[11:20.040 --> 11:24.360]  exactly what you're allowed to do and what not to do if there's been some sort of restraining
[11:24.360 --> 11:30.520]  orders or orders by the court for you to compel you to do something.
[11:30.520 --> 11:35.240]  So once you put the statement of facts and all these orders together, you can then start
[11:35.240 --> 11:40.840]  looking at what specific rules, what specific errors did they make.
[11:40.840 --> 11:47.040]  If there is a rule and they have discretion, meaning if you ask for a continuance and they
[11:47.040 --> 11:52.200]  have the discretion whether to grant it or not, then when they deny it, the issue is
[11:52.200 --> 11:56.760]  is how did they deny it or why did they deny it and it becomes whether or not they abused
[11:56.760 --> 11:57.760]  the discretion.
[11:57.760 --> 12:02.600]  But there's many statutory rules out there where they have to comply and there isn't
[12:02.600 --> 12:05.920]  any discretion yet they violate statutory rules.
[12:05.920 --> 12:14.480]  I'm going to point one out right now in a, in Texas family law cases under the Texas
[12:14.480 --> 12:22.840]  Family Code which is, I believe it's 157, don't get me, you know, I could be mistaken about
[12:22.840 --> 12:28.640]  what specific number but it's about people with regards to compelling them to do something,
[12:28.640 --> 12:32.400]  ordering them to pay say child support or whatever and maybe the person's just lost
[12:32.400 --> 12:36.000]  their job or whatever, they don't, they don't have the ability to pay.
[12:36.000 --> 12:42.720]  So there's a contempt hearing either the opposing side or one of the amicus attorneys or somebody
[12:42.720 --> 12:48.680]  from the attorney general's office or domestic relations office if there is one in that city
[12:48.680 --> 12:54.200]  will file a motion to ask the person to be compelled to appear and have a contempt hearing
[12:54.200 --> 12:59.200]  and they may ask them to go to jail for that contempt until such time as they pay the arrearage
[12:59.200 --> 13:00.200]  in child support.
[13:00.200 --> 13:06.680]  Well we've got a local judge here that has had a case like that but the person was indigent
[13:06.680 --> 13:13.400]  and in the actual statute it requires number one notice of the contempt citation to the
[13:13.400 --> 13:20.080]  other party and a notice of the hearing before any orders of arrest can be made or what they
[13:20.080 --> 13:24.000]  call a capious, a warrant.
[13:24.000 --> 13:30.480]  And this judge essentially violated that, this specifically didn't follow the law.
[13:30.480 --> 13:36.160]  The attorney that urged him to do this didn't follow the law and actually pled in the pleadings
[13:36.160 --> 13:41.160]  no notice is required even though that was absolutely categorically false.
[13:41.160 --> 13:46.680]  The statute clearly spells it out, this is a statute passed by the state legislature
[13:46.680 --> 13:49.840]  and it's absolutely required to be followed.
[13:49.840 --> 13:59.840]  So when a judge violates the statutory law, Randy would you call that an issue of moral
[13:59.840 --> 14:00.840]  purposes?
[14:00.840 --> 14:03.960]  Well, a statute?
[14:03.960 --> 14:12.280]  It's an issue for criminal prosecution, 39.03 penal code for public official acting under
[14:12.280 --> 14:19.600]  the color, meaning pretense of his official capacity fails to perform a duty he is required
[14:19.600 --> 14:24.360]  to perform, that's misfeasance in office.
[14:24.360 --> 14:28.320]  That would automatically I believe go to moral turpitude.
[14:28.320 --> 14:32.560]  If you're not willing to follow the statutes of the state and you swore an oath to follow
[14:32.560 --> 14:37.400]  the laws of the state and the constitution of Texas and the constitution of the United
[14:37.400 --> 14:43.320]  States and then deliberately maliciously violate that statute and then when it's pointed
[14:43.320 --> 14:46.880]  out to you, you don't correct it, you recalculate against somebody.
[14:46.880 --> 14:53.080]  I would definitely call that moral turpitude, the person as well as crimes.
[14:53.080 --> 15:00.960]  Moral turpitude kind of goes to cheating on your wife, keeping a dirty house.
[15:00.960 --> 15:07.000]  This is even worse than this is this is vacating the office, right?
[15:07.000 --> 15:13.560]  But it also rises to this because all of the appellate decisions out there talk about abusive
[15:13.560 --> 15:18.040]  discretion, abusive discretion, abusive discretion and sending it back to the trial court.
[15:18.040 --> 15:23.160]  And I've seen appellate court cases where they talk about a violation of statutory
[15:23.160 --> 15:27.040]  law as abusive discretion where they had no discretion.
[15:27.040 --> 15:31.840]  And the only reason the appellate court writes it that way is if you use abusive power, which
[15:31.840 --> 15:38.000]  is what it is if you violate statutory law intentionally, it's abusive power, that goes
[15:38.000 --> 15:39.000]  to moral turpitude.
[15:39.000 --> 15:41.920]  So the appellate courts never write the decisions that way.
[15:41.920 --> 15:46.680]  I've never seen an appellate court in the state of Texas where they wrote that the judge
[15:46.680 --> 15:49.040]  abused his power.
[15:49.040 --> 15:50.520]  But that's exactly what it is.
[15:50.520 --> 15:56.560]  Well, you've got judges looking out after judges, so we expect that.
[15:56.560 --> 16:04.400]  We have to craft what we do to find a way to interrupt that kind of behavior.
[16:04.400 --> 16:05.760]  Totally agree.
[16:05.760 --> 16:07.400]  And we're working on it.
[16:07.400 --> 16:18.440]  I have a new thing I'm working on and it would help if we can get, people call in with stories.
[16:18.440 --> 16:20.800]  We get artsy stories.
[16:20.800 --> 16:23.440]  It would help if we could get those stories in writing.
[16:23.440 --> 16:33.200]  I put up a site, Citizens for Legal Reform, I think it's.org.
[16:33.200 --> 16:37.800]  And I have it up in a WordPress site, but I haven't had time to, I just got the site
[16:37.800 --> 16:44.080]  up, haven't had time to dress it up, but since it is a WordPress site, we make it that set
[16:44.080 --> 16:50.320]  up where you can upload your stories to the site.
[16:50.320 --> 16:57.040]  Primarily, we're out of time, so I'll try to keep from falling off the cliff again.
[16:57.040 --> 17:00.800]  This is Randy Kelton, David Stevens.
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[19:00.560 --> 19:29.560]  If you are listening to the Logos Radio Network, logosradionetwork.com.
[19:29.560 --> 19:36.040]  Today we are back, Randy Kelton, Deborah Stevens here with Ken Magnuson, and we're talking
[19:36.040 --> 19:41.320]  about how to really start doing something to get something done.
[19:41.320 --> 19:48.360]  We've been a long time looking and studying and figuring out what's wrong, and that's
[19:48.360 --> 19:56.920]  not very satisfying because Ken and I figured out what was wrong 10, 15 years ago, big deal.
[19:56.920 --> 20:05.880]  Now we're working on what we can do to make things right, or at least to nudge things
[20:05.880 --> 20:09.240]  in that direction.
[20:09.240 --> 20:17.240]  And we're looking at putting together a RICO suit against the state.
[20:17.240 --> 20:27.480]  And to show that the legal system as a whole has turned into one grand conspiracy to fleece
[20:27.480 --> 20:29.840]  the public.
[20:29.840 --> 20:37.120]  Our judges and lawyers could care less about justice, the right of things, it's all about
[20:37.120 --> 20:39.520]  the money.
[20:39.520 --> 20:48.040]  And this is a problem, but it's our fault because judges and lawyers are in the business,
[20:48.040 --> 20:55.360]  and they're not necessarily in the business to do the right thing for the right reasons.
[20:55.360 --> 21:03.440]  They're in business to make money, and it was our place to put checks and balances before
[21:03.440 --> 21:12.240]  them to prevent them from doing those things that makes them the most money with the least
[21:12.240 --> 21:13.440]  work.
[21:13.440 --> 21:17.440]  We haven't done that, it's time we started.
[21:17.440 --> 21:23.840]  And a nice RICO suit against the state itself, that we could take to DC.
[21:23.840 --> 21:28.920]  But in order to claim the state itself, we need documentation.
[21:28.920 --> 21:37.520]  We need people to send us documentation of where they've been screwed around by the courts.
[21:37.520 --> 21:42.760]  The more documentation we can take with us, the better we're going to be.
[21:42.760 --> 21:46.680]  You can email it to me if you have stories about how you've been screwed around by the
[21:46.680 --> 21:50.840]  courts, write them up, send them to me.
[21:50.840 --> 22:02.080]  And we need to spend some time talking about how to write up these stories, and primarily
[22:02.080 --> 22:05.040]  write up your stories with a statement of facts.
[22:05.040 --> 22:12.520]  My niece recently separated from her husband, they're having difficulty, and he's getting
[22:12.520 --> 22:13.520]  out of hand.
[22:13.520 --> 22:19.000]  We prepared a petition for a protective order.
[22:19.000 --> 22:26.400]  And everybody around me is getting frustrated because it took me three days to get the statement
[22:26.400 --> 22:33.400]  of facts correct, to get all the argument out of it, all of the opinion out of it, and
[22:33.400 --> 22:36.800]  get it down to a set of facts.
[22:36.800 --> 22:41.560]  After three days, I finally got her, of course she understood what we were after, we got
[22:41.560 --> 22:48.000]  a good, clean statement of facts, took it down, handed it to the clerk, the clerk took
[22:48.000 --> 22:52.880]  it in, handed it to the judge, he read it, signed it, gave it back to her, never even
[22:52.880 --> 22:53.880]  talked to her.
[22:53.880 --> 23:02.280]  Didn't ask her one question, because every question he would have asked was in that document.
[23:02.280 --> 23:06.960]  In facts, there was no opinion in there.
[23:06.960 --> 23:12.040]  We didn't tell the judge what he should think about this behavior or that behavior.
[23:12.040 --> 23:16.440]  We just said this behavior occurred, this behavior occurred, and walked right down through
[23:16.440 --> 23:22.280]  the facts and let the judge come to his own conclusions.
[23:22.280 --> 23:27.680]  Now we didn't tell every fact on earth.
[23:27.680 --> 23:38.680]  We told those facts that would tend to encourage a reasonable person of ordinary prudence to
[23:38.680 --> 23:46.760]  come to a certain set of conditions, certain set of conclusions.
[23:46.760 --> 23:54.800]  Now perhaps if the other side wrote it, he might include some different facts.
[23:54.800 --> 23:59.040]  That's the artistry of writing a statement of facts.
[23:59.040 --> 24:05.680]  Unlike Jack Webb, just the facts, ma'am, is not just the facts.
[24:05.680 --> 24:09.760]  We first get in there all the facts and then we go look at it.
[24:09.760 --> 24:11.160]  These facts are not relevant.
[24:11.160 --> 24:12.160]  These are not relevant.
[24:12.160 --> 24:20.280]  We get in all the relevant facts and then we try to arrange those facts so that it would
[24:20.280 --> 24:26.160]  lead an ordinary person to certain conclusions.
[24:26.160 --> 24:27.160]  I hope that makes sense.
[24:27.160 --> 24:29.160]  That makes sense, Kent.
[24:29.160 --> 24:39.680]  Yes, when crafting a list of facts, you don't want to omit anything that essentially taints
[24:39.680 --> 24:43.080]  one of the facts you said that happened.
[24:43.080 --> 24:46.720]  I'm trying to think of a good example, and I can't off the top of my head, but...
[24:46.720 --> 24:48.720]  Just a second.
[24:48.720 --> 24:57.400]  You can't delete anything that is material, even if it looks bad for you.
[24:57.400 --> 25:00.320]  If it happened, it happened.
[25:00.320 --> 25:09.320]  You can craft the statements around it so it looks less bad for you, but if it's material
[25:09.320 --> 25:15.840]  and you don't put it in there, then the judge is going to consider that lying by omission.
[25:15.840 --> 25:23.760]  We have to be careful about the parts we leave out, but even with those restrictions, we
[25:23.760 --> 25:25.760]  can use some art.
[25:25.760 --> 25:28.360]  Okay, I'll shut up, Kent.
[25:28.360 --> 25:35.440]  Well, the issue is also when you're writing the facts, there's ways of saying things that
[25:35.440 --> 25:42.720]  say the open, honest truth, but then there's ways to use the language to not make it sound
[25:42.720 --> 25:45.080]  so ugly.
[25:45.080 --> 25:51.640]  In some cases, you want to write it so that you take the high moral ground in the statement
[25:51.640 --> 25:57.120]  itself, whereas instead of saying, I'm trying to think of some examples, and I'm just coming
[25:57.120 --> 26:00.480]  up blank with an example on this.
[26:00.480 --> 26:07.640]  The idea is if somebody did something, you don't say, so-and-so, hit so-and-so.
[26:07.640 --> 26:11.720]  You might say, so-and-so, bump so-and-so.
[26:11.720 --> 26:16.920]  Bumped is a less aggressive word than the word hit.
[26:16.920 --> 26:18.520]  Hit sounds like a salt.
[26:18.520 --> 26:22.120]  You don't say the word Joe assaulted Sue.
[26:22.120 --> 26:26.920]  You would say Joe bumped Sue, implying that maybe it was accidental, okay?
[26:26.920 --> 26:34.760]  That's a really good point on how to write a statement of facts.
[26:34.760 --> 26:42.520]  You wouldn't say that Joe assaulted Sue because assaulted is a conclusion.
[26:42.520 --> 26:47.280]  You would say what actually happened and let the judge come to the conclusion that it's
[26:47.280 --> 26:50.560]  a salt or not a salt.
[26:50.560 --> 26:53.320]  Does that make sense?
[26:53.320 --> 26:59.240]  Well, with the word assault in the common usage in the language, that's one of the poor
[26:59.240 --> 27:06.240]  examples that might fall into where you could say assaulted because it means to strike in
[27:06.240 --> 27:10.520]  the common use of the language, not in the legal use of the language.
[27:10.520 --> 27:15.280]  Whether or not an assault from the legal definition occurred would then be determined
[27:15.280 --> 27:16.280]  by the judge.
[27:16.280 --> 27:23.680]  But the issue is that using the word assault would not be beneficial to Joe's perspective,
[27:23.680 --> 27:29.280]  so you wouldn't want to use it if you're trying to indicate what actually took place.
[27:29.280 --> 27:31.840]  And even the word hit.
[27:31.840 --> 27:37.640]  Now, if he bumped me, then he assaulted me.
[27:37.640 --> 27:40.960]  If I bumped him, I just bumped him.
[27:40.960 --> 27:41.960]  Right.
[27:41.960 --> 27:42.960]  Right.
[27:42.960 --> 27:47.800]  So that goes to phraseology of how you make arguments and everything, but you've got to
[27:47.800 --> 27:53.480]  be very careful not to take something so far out of context that when the actual truth
[27:53.480 --> 28:00.160]  of what took place comes out, you look like you toned it down deliberately to make yourself
[28:00.160 --> 28:07.120]  look less guilty if some particular occurrence took place if you actually did hit Sue.
[28:07.120 --> 28:13.280]  Now, you could say you pumped her in the arm with your fist as to indicate please stop
[28:13.280 --> 28:20.720]  talking or something of that nature as opposed to you hit her in the mouth to shut her up.
[28:20.720 --> 28:26.440]  That would be a more provocative statement, which now starts looking like a criminal assault.
[28:26.440 --> 28:35.240]  But the issue is that when anything happens, there are usually lots of room with regards
[28:35.240 --> 28:38.120]  to how you articulate what took place.
[28:38.120 --> 28:45.440]  Oh, and one thing when you're in a circumstance, if you expect a circumstance to come to court,
[28:45.440 --> 28:51.000]  always think what's going to look good before a jury.
[28:51.000 --> 28:55.520]  I threw my nephew off my property physically.
[28:55.520 --> 28:58.360]  You might say I assaulted him.
[28:58.360 --> 29:02.640]  But when I ask him if I'm going to have to remove you physically from this property,
[29:02.640 --> 29:07.120]  he said, yes, and I'm thinking, you know, what's going to look good if I have to testify
[29:07.120 --> 29:08.120]  about this?
[29:08.120 --> 29:12.480]  I grabbed the back of his shirt, jerked him around, grabbed the seat of his pants and
[29:12.480 --> 29:14.320]  walked him out to the property line.
[29:14.320 --> 29:19.840]  Now, he might say I assaulted him, but when you tell the jury how I did that, they're
[29:19.840 --> 29:21.520]  going to struggle to keep from laughing.
[29:21.520 --> 29:26.560]  So it's not going to sound so assaulted when you're in these circumstances.
[29:26.560 --> 29:35.560]  Think about what is a jury going to think about what I'm about to say or about to do.
[29:35.560 --> 29:36.560]  Hang on.
[29:36.560 --> 29:38.560]  We're about to go to break.
[29:38.560 --> 29:41.200]  Jeff, we've been hanging on there for a while.
[29:41.200 --> 29:45.200]  When we come back, we'll pick you up and then we can get back to this subject.
[29:45.200 --> 29:48.440]  I want to talk to you about your gun charts.
[29:48.440 --> 29:53.360]  This is Randy Kelton, Deborah Stevens here with our special guest, Ken Magnuson, our
[29:53.360 --> 29:57.560]  colleague number 512-646-1984.
[29:57.560 --> 30:02.800]  We'll be right back.
[30:02.800 --> 30:07.840]  Genetically modified plans threaten entire ecosystems, but there's one GM crop that could
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[30:14.480 --> 30:15.480]  you sterile.
[30:15.480 --> 30:16.480]  Next.
[30:16.480 --> 30:18.720]  Privacy is under attack.
[30:18.720 --> 30:22.320]  When you give up data about yourself, you'll never get it back again.
[30:22.320 --> 30:27.320]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.320 --> 30:28.840]  So protect your rights.
[30:28.840 --> 30:32.400]  Say no to surveillance and keep your information to yourself.
[30:32.400 --> 30:33.400]  Privacy.
[30:33.400 --> 30:35.080]  It's worth hanging on to.
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[31:14.480 --> 31:19.280]  The company promises it won't grow this corn near other crops, but I don't buy it.
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[32:00.600 --> 32:05.880]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.880 --> 32:09.400]  In today's America, we live in a us against them society, and if we, the people, are ever
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[32:13.440 --> 32:16.600]  Among those rights are the right to travel freely from place to place, the right to
[32:16.600 --> 32:20.840]  act in our own private capacity, and most importantly, the right to due process of law.
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[33:07.360 --> 33:17.360]  Yes, Mr. Officer, you're taking the line, get ahead.
[33:17.360 --> 33:22.360]  Won't you follow the law of the land?
[33:22.360 --> 33:23.360]  I don't understand.
[33:23.360 --> 33:39.360]  The job is to protect our service, not to be unabused.
[33:39.360 --> 33:49.520]  Okay, we are back, Randy Pelton, there was two of us here with Steve Skidmore and we're
[33:49.520 --> 33:53.720]  going to go to Jeff in Mississippi.
[33:53.720 --> 33:54.720]  Hello, Jeff.
[33:54.720 --> 33:57.880]  Hey, Randy, thanks for having me on.
[33:57.880 --> 33:59.720]  Oh, glad to have you.
[33:59.720 --> 34:02.160]  What is happening with your case?
[34:02.160 --> 34:10.760]  Well, my trial is coming up in about three weeks, so I'm getting ready for it, got kind
[34:10.760 --> 34:14.000]  of a big question and then a real short question.
[34:14.000 --> 34:15.000]  Okay.
[34:15.000 --> 34:20.320]  Okay, so here's what I have on my side.
[34:20.320 --> 34:25.200]  Just to catch people up, I was in an apartment across the street from a campus when I got
[34:25.200 --> 34:26.200]  caught with a rifle.
[34:26.200 --> 34:28.640]  I had a rifle in the apartment.
[34:28.640 --> 34:34.280]  Now I went and got the land title to the apartment and it says that the apartment is private
[34:34.280 --> 34:36.680]  property and that's fine.
[34:36.680 --> 34:43.000]  I also wrote a letter to the clerk asking for the transcripts of the grand jury and
[34:43.000 --> 34:51.040]  she wrote me back saying there are no transcripts to the grand jury and code 13725 of Mississippi
[34:51.040 --> 34:57.880]  states that during the proceedings of a grand jury, the court reporter should be there taking
[34:57.880 --> 35:03.920]  the minutes and that the defendant has the right to look over the transcripts.
[35:03.920 --> 35:07.360]  So what's going to happen, here's what I see is going to happen.
[35:07.360 --> 35:12.600]  I'm trying to set up a battle strategy because they're going to fight this out.
[35:12.600 --> 35:18.960]  When I get to court and I show them the land title to the apartments, I think that the
[35:18.960 --> 35:24.160]  first thing the prosecutor's going to do, he's going to jump on is he's going to say
[35:24.160 --> 35:31.800]  because he can do this under the statute that I was charged with, the definition of educational
[35:31.800 --> 35:36.800]  property is that the campus owns or operates.
[35:36.800 --> 35:41.600]  So when I show the land title, he's immediately going to jump up and start laughing and saying,
[35:41.600 --> 35:47.400]  well, we may not own it, but we operate the apartment and I wouldn't doubt if he doesn't
[35:47.400 --> 35:53.000]  bring some person to come in there and say that he's the manager.
[35:53.000 --> 35:56.000]  That's what I see happening because I don't see them laying down.
[35:56.000 --> 35:58.600]  I was going to ask you about that.
[35:58.600 --> 36:05.920]  When the campus security guard gets up on the stand to testify and I covered this last
[36:05.920 --> 36:10.920]  week, I just want to do it again, I want to ask him, well, what type of evidence did you
[36:10.920 --> 36:17.760]  present to the grand jury because it looks like I'm holding the land title?
[36:17.760 --> 36:18.760]  And that's it.
[36:18.760 --> 36:19.760]  Okay.
[36:19.760 --> 36:26.520]  The first question is kind of a good one.
[36:26.520 --> 36:32.080]  What constitutes operating property?
[36:32.080 --> 36:42.880]  Did the college, how would you tell if a property doesn't just go to what the actual
[36:42.880 --> 36:52.040]  facts were, it goes to reasonableness, if you were given a room off what appeared to be
[36:52.040 --> 37:01.160]  off campus, how could you know that this was not off campus?
[37:01.160 --> 37:06.480]  Was there anything there to indicate that this was part of the campus?
[37:06.480 --> 37:08.480]  No.
[37:08.480 --> 37:15.600]  Was there anything to indicate that this was a private apartment complex, like a complex
[37:15.600 --> 37:18.600]  name?
[37:18.600 --> 37:24.080]  The name of the complex is called Aiken Village, but then underneath it it says University
[37:24.080 --> 37:25.080]  Housing.
[37:25.080 --> 37:34.680]  So it doesn't say Aiken Village Apartments, it says University Housing, however, it doesn't
[37:34.680 --> 37:41.640]  use the crest and the sign that other signs on campus use.
[37:41.640 --> 37:48.200]  So that's what, to me, it just looked like they were used in the name University to capitalize.
[37:48.200 --> 38:00.360]  Oh, okay, so we provide housing for university students, I'm saying it says University Housing,
[38:00.360 --> 38:08.800]  but as a way of saying that we provide housing for university students, so you weren't adequately
[38:08.800 --> 38:14.880]  noticed that this was on campus even if they did operate, and did they actually operate
[38:14.880 --> 38:16.440]  the property?
[38:16.440 --> 38:21.720]  This is the property manager and employee of the university.
[38:21.720 --> 38:27.800]  I don't know, my lawyer is refusing to send my discovery packet.
[38:27.800 --> 38:29.760]  Have you bargerived your lawyer?
[38:29.760 --> 38:35.800]  Yes, I have, they are being sent out in the mail, I've got ten of them.
[38:35.800 --> 38:40.480]  Good, that might get him off the dime.
[38:40.480 --> 38:43.760]  Let me chime in, Mr. Kent.
[38:43.760 --> 38:47.760]  Now the first thing I would think of is if they were operating it, they would have a
[38:47.760 --> 38:51.200]  contract with whoever actually owns the property.
[38:51.200 --> 38:57.120]  The university would say we're renting this facility for X for you to manage our students,
[38:57.120 --> 39:03.760]  but who do you make your, I look in your rental agreement with the department complex to see
[39:03.760 --> 39:06.200]  whether or not there's any notice in there.
[39:06.200 --> 39:09.960]  That's the primary document that you need to bring into court is the contract makes
[39:09.960 --> 39:14.400]  no mention that the university has anything to do with the property or that you made any
[39:14.400 --> 39:18.640]  agreement with the university with regard to renting the facility.
[39:18.640 --> 39:24.200]  Uh-huh, I don't have one.
[39:24.200 --> 39:31.040]  Okay, how did your, okay, how did your possession of the property come about?
[39:31.040 --> 39:36.760]  I was in my dormitory and the college called me and said that they are overcrowded so that
[39:36.760 --> 39:40.360]  they were throwing me out due to overcrowding.
[39:40.360 --> 39:44.640]  And they said that we're having to throw a lot of juniors and seniors out and put them
[39:44.640 --> 39:47.400]  into apartments off campus.
[39:47.400 --> 39:52.160]  So your job is to report here.
[39:52.160 --> 39:59.120]  So they, oh and hold on, were you accused of having that weapon in the dormitory?
[39:59.120 --> 40:00.960]  No.
[40:00.960 --> 40:09.080]  So you didn't have the weapon in the dormitory, but you were a hunter or whatever.
[40:09.080 --> 40:16.560]  And since you were off campus, then you had reason to believe you could have the weapon.
[40:16.560 --> 40:20.240]  And they told you they were putting you into apartments.
[40:20.240 --> 40:22.440]  Did you get that notice in writing?
[40:22.440 --> 40:25.120]  No, I did not.
[40:25.120 --> 40:26.560]  It was just over the phone.
[40:26.560 --> 40:30.480]  So that was, that was thrown out as hearsay.
[40:30.480 --> 40:34.080]  You need to find out who called you.
[40:34.080 --> 40:38.160]  I've checked and it turned out that it was some student worker that doesn't work there
[40:38.160 --> 40:39.840]  anymore.
[40:39.840 --> 40:43.880]  And we've already had a trial and they've brought in some paperwork, but there's just
[40:43.880 --> 40:45.600]  not a lot of paperwork.
[40:45.600 --> 40:48.200]  There's no lease and there's no rental agreement.
[40:48.200 --> 40:49.200]  Okay.
[40:49.200 --> 40:51.200]  Wait a minute, hold on.
[40:51.200 --> 40:55.400]  There's no lease or rental agreement with the university?
[40:55.400 --> 41:04.280]  Or with me signing with Aiken Village, by necessary to deposit or anything.
[41:04.280 --> 41:05.280]  Basically I don't exist.
[41:05.280 --> 41:06.280]  I'm invisible.
[41:06.280 --> 41:07.280]  Okay.
[41:07.280 --> 41:09.960]  How do you make your checks out when you pay the rent?
[41:09.960 --> 41:11.600]  Well, I didn't.
[41:11.600 --> 41:18.240]  They had taken the money that I had paid for the dormitory and paid for the apartments.
[41:18.240 --> 41:30.320]  Okay, so the unit, did you get the rental agreement with the university and the apartment
[41:30.320 --> 41:31.320]  complex?
[41:31.320 --> 41:37.600]  Months before, like three or four months before with the dormitory, but never with the apartments.
[41:37.600 --> 41:45.640]  No, no, I'm talking about the lease that the university had for the property that you
[41:45.640 --> 41:46.640]  were on.
[41:46.640 --> 41:48.280]  Oh, no.
[41:48.280 --> 41:51.160]  Have you tried to get that?
[41:51.160 --> 41:53.560]  Yes, that doesn't exist.
[41:53.560 --> 41:57.640]  I've been to the housing office and...
[41:57.640 --> 42:03.120]  Oh, so the university is saying that there is no lease agreement?
[42:03.120 --> 42:07.240]  Yes, I'm saying there's no lease agreement.
[42:07.240 --> 42:11.120]  There is no paperwork.
[42:11.120 --> 42:18.400]  And was the university holding the property by adverse possession?
[42:18.400 --> 42:20.400]  I don't know.
[42:20.400 --> 42:22.280]  I don't know what that means.
[42:22.280 --> 42:24.440]  That's a good question to ask.
[42:24.440 --> 42:33.040]  If you don't have any agreement allowing you to possess property, there's nothing to indicate
[42:33.040 --> 42:38.840]  that you have permission to use the property, then the presumption is you're holding it
[42:38.840 --> 42:45.240]  by adverse possession, and how can the university charge you to rent you property?
[42:45.240 --> 42:50.400]  They're holding by adverse possession, and that goes to equity skimming.
[42:50.400 --> 42:53.840]  Okay, this is Ken again.
[42:53.840 --> 42:55.800]  Let me chime in on another issue.
[42:55.800 --> 43:02.120]  The other issue is, are there tenants in that building that weren't paid for by the university?
[43:02.120 --> 43:03.120]  I don't know.
[43:03.120 --> 43:06.160]  I was only there for three weeks.
[43:06.160 --> 43:12.640]  You may want to go back and knock on doors and find out if anybody's got a rental agreement.
[43:12.640 --> 43:16.800]  Because that rental agreement will show as prima facie whether or not it's an independent...
[43:16.800 --> 43:21.560]  It sounds like they're an independent subcontractor of the university when there's overflow, but
[43:21.560 --> 43:24.560]  it said they were moving you off campus.
[43:24.560 --> 43:28.640]  And the issue then is to get the deed to the property for the campus to show here's
[43:28.640 --> 43:33.560]  where the university is, and here's where it's not university, and the issue is that
[43:33.560 --> 43:38.480]  you had no lawful notice that they were controlling that property.
[43:38.480 --> 43:43.480]  The other issue is you talked about the grand jury, and does it say should take minutes
[43:43.480 --> 43:51.560]  of the grand jury testimony, or shall, then move to quash the indictment?
[43:51.560 --> 43:52.560]  There are no minutes.
[43:52.560 --> 43:53.560]  There are no...
[43:53.560 --> 43:54.560]  There's no transcript.
[43:54.560 --> 43:55.560]  Okay.
[43:55.560 --> 43:56.560]  Okay.
[43:56.560 --> 43:57.560]  Hang on.
[43:57.560 --> 44:00.560]  We'll be right back.
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[46:26.360 --> 46:52.360]  Okay, we are back.
[46:52.360 --> 47:02.360]  Randy Kelton, Steve Skidmore.
[47:02.360 --> 47:07.360]  We're talking to Jeff in Mississippi.
[47:07.360 --> 47:11.360]  Steve will be on tomorrow night, and he will punish me for that.
[47:11.360 --> 47:21.360]  Okay, but with a break, we were talking about this deal of the impropriety of the indictment.
[47:21.360 --> 47:28.360]  And that is something that absolutely has to be challenged before trial.
[47:28.360 --> 47:33.360]  Because once you get to trial, you can't challenge the indictment anymore.
[47:33.360 --> 47:35.360]  Oh, you can? Okay.
[47:35.360 --> 47:46.360]  Yeah, so you need to get your bar grievance in against this lawyer and insist on the challenge to the indictment.
[47:46.360 --> 47:51.360]  And if he objects, then you follow a malpractice suit against him immediately,
[47:51.360 --> 47:55.360]  and then move for ineffective counsel.
[47:55.360 --> 47:57.360]  Ken, how would you do that?
[47:57.360 --> 48:03.360]  I'm not exactly sure, because some of that's going to be governed by the laws in Mississippi.
[48:03.360 --> 48:06.360]  And I'm going to tell you, I haven't read any laws in Mississippi.
[48:06.360 --> 48:12.360]  So I'm assuming that a lot of this is based on the parallel laws that we've seen elsewhere.
[48:12.360 --> 48:19.360]  The basic issue would be that what it is, is it's a motion to quash the indictment,
[48:19.360 --> 48:23.360]  because the indictment can't stand because it denies you due process,
[48:23.360 --> 48:29.360]  based on the fact that a statutory mandate was not met,
[48:29.360 --> 48:40.360]  as far as having the grand jury's minutes from the grand jury hearing, the testimony before the grand jury.
[48:40.360 --> 48:51.360]  So that denies you due process in order to attack the witnesses that may have misrepresented the facts before the grand jury,
[48:51.360 --> 49:00.360]  which if it's the case, you could challenge on spec based on the fact that the grand jury would not have indicted you had they had the facts.
[49:00.360 --> 49:02.360]  Got it.
[49:02.360 --> 49:05.360]  And that brings up an issue.
[49:05.360 --> 49:08.360]  Everything's political in the end.
[49:08.360 --> 49:20.360]  And I suspect at this point, the state is concerned about you suing the state for wrongful incarceration if you win.
[49:20.360 --> 49:28.360]  So this politics on their side, encouraging them to try to get a conviction.
[49:28.360 --> 49:44.360]  What if you could generate some politics on the other side, like how many indictments did you guys get without a court reporter?
[49:44.360 --> 49:45.360]  That's a good one.
[49:45.360 --> 49:47.360]  Can I say that in court?
[49:47.360 --> 49:52.360]  I know you do that in information requests.
[49:52.360 --> 50:00.360]  You go back and asks for all of the.
[50:00.360 --> 50:04.360]  Billings for the court reporter.
[50:04.360 --> 50:11.360]  To the theory for you have court reporter for.
[50:11.360 --> 50:15.360]  Reporting on grand jury hearings.
[50:15.360 --> 50:20.360]  There's no way they can call that privileged.
[50:20.360 --> 50:23.360]  Because that's about money.
[50:23.360 --> 50:39.360]  So instead of going and asked for grand jury transcripts, which are going to want to charge you for all of them, you go and ask for the building that the court reporter made for their work before the grand jury.
[50:39.360 --> 50:49.360]  With that, you get a list of all the times the grand jury, the court reporter set before grand jury, which may be none.
[50:49.360 --> 50:57.360]  Okay, even if it's not none, then you can start comparing it to indictments and see how that works for them.
[50:57.360 --> 50:59.360]  Okay.
[50:59.360 --> 51:07.360]  Now, when they're up on the stand or when the court, when the trial begins, I know that they're going to try to win this thing.
[51:07.360 --> 51:12.360]  They're going to bring some guy in there to claim that he's the manager and then they're just going to come up with some paperwork.
[51:12.360 --> 51:13.360]  What could I do?
[51:13.360 --> 51:15.360]  Because I don't want to get surprised.
[51:15.360 --> 51:19.360]  You can't surprise you, you've got to have it beforehand.
[51:19.360 --> 51:20.360]  Okay.
[51:20.360 --> 51:25.360]  And my attorney is refusing to send my discovery packet and I've already...
[51:25.360 --> 51:26.360]  Okay.
[51:26.360 --> 51:39.360]  How about if you file a written man's damage to the court and ask the court to order your lawyer to request discovery?
[51:39.360 --> 51:40.360]  Okay.
[51:40.360 --> 51:44.360]  That'll tie everybody in a knot.
[51:44.360 --> 51:48.360]  Is it to quash the indictment because of no minutes?
[51:48.360 --> 51:49.360]  Yes.
[51:49.360 --> 51:52.360]  That's a separate motion.
[51:52.360 --> 51:57.360]  Okay, got it.
[51:57.360 --> 52:13.360]  Yeah, you might, all the things that the lawyer's not doing, you might petition the court or file your own mandamus with the court of appeals.
[52:13.360 --> 52:16.360]  Ask them to order him to.
[52:16.360 --> 52:25.360]  It's not because these won't really be valid, but you start putting these things in the record.
[52:25.360 --> 52:27.360]  Let me chime in for a second.
[52:27.360 --> 52:37.360]  If you're going to do that, make this a verified petition where you state what your attorney has done and hasn't done, as the case may be, and you swear that these are the facts.
[52:37.360 --> 52:43.360]  So what you're sticking the attorney with is that's your premise for incompetent counsel.
[52:43.360 --> 52:53.360]  And if the court didn't make him follow the rules and actually do discovery, when they knew you had requested discovery, you hadn't waived it.
[52:53.360 --> 52:55.360]  Your counsel had failed to do it.
[52:55.360 --> 52:59.360]  I think you established the prima facie case for malpractice.
[52:59.360 --> 53:00.360]  Yeah.
[53:00.360 --> 53:01.360]  Good.
[53:01.360 --> 53:14.360]  And if you sue him beforehand, before you get to trial, you sue him in the civil court, then you get to put all this stuff in the court record.
[53:14.360 --> 53:17.360]  Well, the trial's coming up in two and a half weeks.
[53:17.360 --> 53:19.360]  I don't know, and I'm getting pretty nervous.
[53:19.360 --> 53:27.360]  I'm not sure if I can get all of that done, but I can at least try to get that rid of mandamus in the mail.
[53:27.360 --> 53:33.360]  And you might have filed something with the court.
[53:33.360 --> 53:36.360]  Is this court appointed counsel?
[53:36.360 --> 53:37.360]  Yes.
[53:37.360 --> 53:38.360]  Oh, definitely.
[53:38.360 --> 53:52.360]  You want to file an objection for ineffective representation of counsel and ask the court to order the, since the court appointed him, ask the court to order him to do his job.
[53:52.360 --> 53:53.360]  Right.
[53:53.360 --> 54:03.360]  Well, wait, and an idea here is in the alternative, ask them to allow him to be released and order the appointment of competent counsel.
[54:03.360 --> 54:08.360]  And you want to make sure you couple those two words together, competent counsel.
[54:08.360 --> 54:11.360]  Complaint counsel, okay.
[54:11.360 --> 54:17.360]  Well, what I was, what I'm looking at is if you hammer this lawyer and then don't let it go.
[54:17.360 --> 54:18.360]  Right.
[54:18.360 --> 54:25.360]  Now he's got a problem. Now the court's going to have to, he's going to go to the court and say, you guys got to cover my behind.
[54:25.360 --> 54:29.360]  I was trying to cover your behind. Now he's coming after me.
[54:29.360 --> 54:30.360]  Yes.
[54:30.360 --> 54:33.360]  You filed civil action against him.
[54:33.360 --> 54:39.360]  And the civil action don't have to be too complete because you can always amend.
[54:39.360 --> 54:47.360]  You filed against him for, for taking state funds and then failing to provide adequate counsel.
[54:47.360 --> 54:50.360]  That's going to look really bad for him.
[54:50.360 --> 54:55.360]  Okay. This objection that I've, this objection to the court, this thing that I'm supposed to write.
[54:55.360 --> 55:01.360]  Do you have an example of that on juristprudence.com, juristimprudence?
[55:01.360 --> 55:06.360]  No, I don't. This is kind of an unusual thing.
[55:06.360 --> 55:14.360]  You just write a, a, a objection to, a, a competent counsel.
[55:14.360 --> 55:16.360]  No, I don't have anything on my side for that.
[55:16.360 --> 55:18.360]  Have you got anything on that too?
[55:18.360 --> 55:21.360]  No, I haven't been in, in, in the, in the criminal side.
[55:21.360 --> 55:41.360]  I'm going to tell you the truth. You go out and Google, start with, start Googling Mississippi motion to appoint, I mean, to dismiss incompetent counsel criminal and see what you come up and then do form behind it or forms.
[55:41.360 --> 55:46.360]  And you may actually find some stuff out on the internet that's been done by somebody else.
[55:46.360 --> 55:53.360]  You may find stuff from other states and I'm just, and this is not one where I'm not sure there's any specific rules in Mississippi.
[55:53.360 --> 56:03.360]  It's just, you title it about ineffective counsel, objection to ineffective counsel and file it and just put the act in.
[56:03.360 --> 56:13.360]  Ineffective assistance of counsel first hit when I did a search for Mississippi objection to incompetent counsel.
[56:13.360 --> 56:17.360]  There you go. So that's the first place you need to look. Everybody listening.
[56:17.360 --> 56:22.360]  First place you need to do is Google whatever you're trying to Google and put forms behind it.
[56:22.360 --> 56:26.360]  You may find it in your state and it may already be out online.
[56:26.360 --> 56:33.360]  Most of my legal research is right straight on the internet.
[56:33.360 --> 56:47.360]  I have better luck just doing a Google search or a start page search to get my first case on point than I do trying to use something like Lexus or Westlaw.
[56:47.360 --> 56:54.360]  Okay, so my objection letter is going to be in the form of a motion for ineffective assistance of counsel.
[56:54.360 --> 57:02.360]  Yes. No, it's actually just an objection and a motion to compel counsel for the ineffective.
[57:02.360 --> 57:09.360]  Work it into a motion to compel him to do his job and an objection to ineffective counsel.
[57:09.360 --> 57:15.360]  The key words in the title need to be objection to ineffective counsel.
[57:15.360 --> 57:21.360]  And then in the prayer you can put move to compel him to do blah, blah, blah, blah, blah.
[57:21.360 --> 57:26.360]  What do you want him to do? This first site went to Rhode Island, but a brief definition.
[57:26.360 --> 57:30.360]  First, the defendant must show that counsel's performance was deficient.
[57:30.360 --> 57:40.360]  This requires showing that counsel made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the sixth amendment.
[57:40.360 --> 57:44.360]  Okay. And that's after conviction it sounds like.
[57:44.360 --> 57:47.360]  It didn't say. It's just you can show that now.
[57:47.360 --> 57:51.360]  I've read some of those before and that sounds like after conviction.
[57:51.360 --> 57:55.360]  So we are trying to nip this in the bud type of thing.
[57:55.360 --> 58:15.360]  And I think, you know, ineffective counsel and then the prayer is to move the court to order him to, you know, provide discovery, you know, whatever procedures necessary in order to provide a punctilious offense.
[58:15.360 --> 58:20.360]  Okay. So it'll definitely be in the form of emotion.
[58:20.360 --> 58:25.360]  Almost everything you said to the courts in a form of emotion, even an objection.
[58:25.360 --> 58:27.360]  Either emotion or a pleading. So everything's right.
[58:27.360 --> 58:31.360]  You look like I'm writing a letter to my aunt in Washington.
[58:31.360 --> 58:33.360]  Never. Okay. Hang on.
[58:33.360 --> 58:35.360]  This is Randy Kelton.
[58:35.360 --> 58:37.360]  Steve's Kidmore. Steve's Kidmore.
[58:37.360 --> 58:45.360]  Kid Magnuson, Rufla Radio. I'll call it number 512-646-1984. We'll be right back.
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[59:50.360 --> 01:00:03.360]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:03.360 --> 01:00:09.360]  This is The Liberty Week, your daily source for Liberty News and activist updates online at TheLibertyBeat.com.
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[01:00:50.360 --> 01:01:00.360]  In the news, the Texas Department of Public Safety is now taking full sets of fingerprints from every Texan old enough to drive, adding them to a statewide criminal history database.
[01:01:00.360 --> 01:01:09.360]  Critics say the move is illegal, arguing DPS is misinterpreting a section of the transportation code that allows an applicant's thumb prints or fingerprints to be used for verification.
[01:01:09.360 --> 01:01:19.360]  Dallas Morning News columnist Dave Lever also broke the story and says the law is intended to allow only thumbs and index fingerprints to be taken, not the entire set.
[01:01:19.360 --> 01:01:28.360]  Donald Jackson, a political science professor at Texas Christian University, is offering legal support to anyone wishing to challenge the new policy in court.
[01:01:28.360 --> 01:01:40.360]  The New York Police Department has been hit with a First Amendment lawsuit after a woman alleged to her rights were violated when she tried to record police activity last September on the Upper West Side in New York.
[01:01:40.360 --> 01:01:45.360]  Plaintiff Deborah Goodman was allegedly pushed by officers and detained for more than 24 hours.
[01:01:45.360 --> 01:01:50.360]  Goodman also said officers grabbed her arm and handcuffed her after refusing to provide ID.
[01:01:50.360 --> 01:02:00.360]  The lawsuit asked a judge to force the NYPD to allow onlookers to record police publicly, as reported by WCBS-TV, the NYPD declined requests for comment.
[01:02:00.360 --> 01:02:13.360]  The Obama administration is allocating $50 million towards a luxury Texas hotel equipped with various amenities with intentions to use the resort for housing undocumented children.
[01:02:13.360 --> 01:02:23.360]  Baptist Child and Family Services has been contracted to purchase the Palmer Resort and Hotel in Westlaco, a town a few miles north of the Rio Grande in Hidalgo County.
[01:02:23.360 --> 01:02:31.360]  KRGV reports the site will house up to 600 children aged 12 to 17 and create jobs for 650 people.
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[01:02:53.360 --> 01:03:10.360]  This is the Liberty Beat for Thursday, July 17, 2014. Check out the website at thelibertybeat.com.
[01:03:23.360 --> 01:03:48.360]  Okay, we are back. Randy Kelton, Ken Magnuson, you're talking to Jeff from Mississippi.
[01:03:48.360 --> 01:03:58.360]  And you have petitions and pleadings. I'm sorry, petitions, pleadings and motions. Everything's a pleading or a motion.
[01:03:58.360 --> 01:04:10.360]  An original petition is a pleading, pleaded jurisdiction and a plea for double jeopardy, I think, are the three pleadings.
[01:04:10.360 --> 01:04:14.360]  Actually, motions are kind of pleading.
[01:04:14.360 --> 01:04:27.360]  Well, they're listed as the Texas lists three kinds of pleadings, an original petition, a pleaded jurisdiction and a pleaded double jeopardy.
[01:04:27.360 --> 01:04:32.360]  And I think there's one more, I don't remember what it was, and everything else is considered a motion.
[01:04:32.360 --> 01:04:53.360]  It's kind of like a letter to the judge, but we have some guys say in legal reforms, oh, don't file motions, file affidavits.
[01:04:53.360 --> 01:05:03.360]  Well, affidavits, nice, but if you want the judge to do something, you have to ask him to do something and affidavit doesn't ask him to do something.
[01:05:03.360 --> 01:05:15.360]  You have to move the court and you just give it the court heading and you start out by essentially telling the judge what you want.
[01:05:15.360 --> 01:05:29.360]  Then you give the judge the facts supporting what you're wanting. You give him the law that applies those facts to the situation.
[01:05:29.360 --> 01:05:33.360]  And then you ask, and that's what the prayer is.
[01:05:33.360 --> 01:05:41.360]  I had a guy send me a case once on debt collection and he asked me what I thought and I said they hadn't got a prayer.
[01:05:41.360 --> 01:05:45.360]  And he said, why not? I don't know. They don't have one.
[01:05:45.360 --> 01:05:47.360]  You don't have one.
[01:05:47.360 --> 01:06:02.360]  So that's how a motion is structured, just a brief of what you want the judge to do, the facts in the case, and then the law as it applies to those facts, and then ask him for what you want.
[01:06:02.360 --> 01:06:12.360]  And we're back to the issue of go out and Google Mississippi Pleading's criminal court motions and see what you find for forms.
[01:06:12.360 --> 01:06:30.360]  And you'll see the format of what a motion looks like and technically the issue regarding a defendant in a case is going to be a lot less lax with regards to any kind of rules or regulations
[01:06:30.360 --> 01:06:33.360]  as far as meeting any specific pleading requirements.
[01:06:33.360 --> 01:06:37.360]  Style is generally not as important as most people think it is.
[01:06:37.360 --> 01:06:44.360]  As content and keep in mind, you expect the court to rule against you out of hand.
[01:06:44.360 --> 01:06:50.360]  Your purpose for being in the trial court is to set the record for appeal.
[01:06:50.360 --> 01:06:54.360]  And this will help set the record.
[01:06:54.360 --> 01:06:56.360]  Okay.
[01:06:56.360 --> 01:07:00.360]  You're going to file this motion. The judge is going to deny it out of hand.
[01:07:00.360 --> 01:07:03.360]  Okay. No problymo.
[01:07:03.360 --> 01:07:08.360]  We'll see if the court of appeals denies that out of hand.
[01:07:08.360 --> 01:07:17.360]  One thing on that, which we just talked about a few minutes ago, is if he denies it, you need to have a copy of the order so that he can deny it and sign it and writing.
[01:07:17.360 --> 01:07:22.360]  You don't get a written order. They're going to say the same thing. You didn't preserve the error.
[01:07:22.360 --> 01:07:24.360]  Oh, okay. Thank you.
[01:07:24.360 --> 01:07:27.360]  Okay. Good.
[01:07:27.360 --> 01:07:34.360]  And always register your objection, your exception to the ruling.
[01:07:34.360 --> 01:07:36.360]  How do you register during the trial?
[01:07:36.360 --> 01:07:44.360]  Objection. Let the record reflect defendant's exception to the ruling.
[01:07:44.360 --> 01:07:45.360]  Got it.
[01:07:45.360 --> 01:07:55.360]  I've had the court say, Mr. Kelton, enough. We will register your exception to every ruling we make.
[01:07:55.360 --> 01:07:58.360]  That'll work.
[01:07:58.360 --> 01:08:07.360]  But make sure you get it in there because these guys are going to try to take you apart on the details when you get to court of appeals.
[01:08:07.360 --> 01:08:15.360]  The one thing I was talking about is verified pleadings. That is at the end of all of this. Whatever you're pleading is fact.
[01:08:15.360 --> 01:08:19.360]  You're going to put an affidavit you're at saying this is true and correct.
[01:08:19.360 --> 01:08:25.360]  So look for verified pleadings and then you'll get an example of what verified pleadings look like.
[01:08:25.360 --> 01:08:37.360]  This has to be sworn to under oath. If you verify a pleading that does not need to be verified, no harm, no foul.
[01:08:37.360 --> 01:08:44.360]  But if you don't verify a pleading that does need to be verified, that is a problem.
[01:08:44.360 --> 01:08:45.360]  All right.
[01:08:45.360 --> 01:08:51.360]  So the rule is if went in doubt, verify. It's just a matter of getting a notary's side.
[01:08:51.360 --> 01:08:59.360]  Well, it's Thursday. You should be able to do this in a mandamus by Monday. It's really not that big a deal.
[01:08:59.360 --> 01:09:02.360]  You don't have that much to put in there.
[01:09:02.360 --> 01:09:08.360]  I will get that done. And can I just personally walk in and hand it to the clerk?
[01:09:08.360 --> 01:09:09.360]  I suggest.
[01:09:09.360 --> 01:09:17.360]  I would mail it. I would mail it. And I would mail it always with a cover letter telling the clerk to bring this to the immediate attention of the court.
[01:09:17.360 --> 01:09:25.360]  Texas has done this over and over and over again where they make new rules spontaneously for pro se litigants.
[01:09:25.360 --> 01:09:29.360]  So you walk in and you hand them a motion and they'll pretend they'll file stamp it.
[01:09:29.360 --> 01:09:36.360]  They'll sit it in the file and nobody will see it unless you tell them to bring it to the immediate attention of the court.
[01:09:36.360 --> 01:09:37.360]  Got it.
[01:09:37.360 --> 01:09:51.360]  I suggest you, if you're concerned and you should be, go to the court while the court's having a hearing, call the bailiff over and tell the bailiff to instruct the judge you have business with the court.
[01:09:51.360 --> 01:09:59.360]  And he'll ask you what the nature of the business is and you give him a sealed envelopes and here give this to the judge.
[01:09:59.360 --> 01:10:03.360]  And then turn and walk out.
[01:10:03.360 --> 01:10:11.360]  Now it's now it's filed. Now you don't have this problem of it not being brought to the attention of the judge because you filed it in court.
[01:10:11.360 --> 01:10:22.360]  And I'm sure that Mississippi has the same statute that Texas has that when the emotion is presented to the judge, it is filed.
[01:10:22.360 --> 01:10:38.360]  In Waco case was closed. We were filing a challenge subject matter jurisdiction. The clerk refused to take it. So we went to the judge and asked for the clerk and I said, you know, will you show the judge this?
[01:10:38.360 --> 01:10:41.360]  This is something that we're trying to file and the clerk giving us a problem.
[01:10:41.360 --> 01:10:42.360]  She said, sure.
[01:10:42.360 --> 01:10:45.360]  The judge came back out with it.
[01:10:45.360 --> 01:10:52.360]  It said, well, this case is closed. You can't file this. Sorry, Bubba. We just did.
[01:10:52.360 --> 01:10:54.360]  He said, well, I'm not taking it.
[01:10:54.360 --> 01:10:58.360]  I said, you got it. Well, here you take it back. I'm not touching it. You got it.
[01:10:58.360 --> 01:11:02.360]  I'll throw it in the trash and you do whatever you want to with it.
[01:11:02.360 --> 01:11:04.360]  But you better have a witness if you do that.
[01:11:04.360 --> 01:11:05.360]  Oh, I did.
[01:11:05.360 --> 01:11:13.360]  No, no, I'm telling the caller you better have a witness because they can say they never got it. You never served it on him.
[01:11:13.360 --> 01:11:17.360]  That's why by certified mail, the letter goes to the clerk.
[01:11:17.360 --> 01:11:26.360]  The clerk has to bring it to the attention of the court and it's been filed because all you got to do is show the certified letter and the return green card stuff.
[01:11:26.360 --> 01:11:33.360]  And that's it. It was sent. They received it. If they send it back, that's their problem, not yours.
[01:11:33.360 --> 01:11:45.360]  Okay. On my second question, the officer of the campus security guard is going to get up and testify and he's going to tell the prosecutor that he made an investigation.
[01:11:45.360 --> 01:11:52.360]  When I get up there, I'm going to jump on him because I'm going to say that, well, here's the land title.
[01:11:52.360 --> 01:12:01.360]  It says private property. If you made an investigation and the land title says private property, what did you tell to the grand jury?
[01:12:01.360 --> 01:12:04.360]  What did you testify? Can I do that?
[01:12:04.360 --> 01:12:06.360]  Wrong approach.
[01:12:06.360 --> 01:12:13.360]  First approach is to walk him through the whole process of who he is and how he got his job. What his credentials are to be.
[01:12:13.360 --> 01:12:19.360]  No, no, wait, wait. He's going to be a hostile witness. The prosecutor's going to bring him so he don't have to.
[01:12:19.360 --> 01:12:25.360]  Right, right, right. But you're going to start walking through that process and if any time you objected, he starts avoiding questions.
[01:12:25.360 --> 01:12:32.360]  What you want to do is ask what the content of his investigation is. So you ask him, do you know who the owner of the department complex is?
[01:12:32.360 --> 01:12:38.360]  Don't tell him. You're not introducing evidence at this point. You're asking him whether or not he knows this.
[01:12:38.360 --> 01:12:51.360]  Well, who is it? See what I'm saying? Get him to show that he really didn't do an investigation by not being able to answer the questions.
[01:12:51.360 --> 01:12:54.360]  Who actually owns the property?
[01:12:54.360 --> 01:12:58.360]  And can I say, well, what did you say to the grand jury then?
[01:12:58.360 --> 01:13:11.360]  Right. Well, first you elicit the fact that there is no rental agreement between the university and the complex.
[01:13:11.360 --> 01:13:17.360]  And if he says there is, Jeff, your honor, where is that rental agreement?
[01:13:17.360 --> 01:13:18.360]  Right.
[01:13:18.360 --> 01:13:29.360]  We've asked for it. We've been unable to find it. He says there's a rental agreement. We asked that the prosecution be required to produce it.
[01:13:29.360 --> 01:13:35.360]  I think that the prosecution is going to write something up before court and then hand it to me.
[01:13:35.360 --> 01:13:48.360]  I don't know. That gets pretty... Probably criminal rules in most states require a list of witnesses, which you need to know in advance.
[01:13:48.360 --> 01:13:58.360]  In Texas, it's at least three days noticed before trial for any witnesses. If they're going to have any exhibits, you need to make a request under discovery for all exhibits.
[01:13:58.360 --> 01:14:04.360]  That's what he can't get his lawyer to do.
[01:14:04.360 --> 01:14:06.360]  Dirty rotten.
[01:14:06.360 --> 01:14:13.360]  Two or three days before the trial, then all of a sudden they'll come up with some piece of paper that says that they managed the property.
[01:14:13.360 --> 01:14:17.360]  They're going to pull a fast one, so I don't want to get caught surprised.
[01:14:17.360 --> 01:14:27.360]  But still, they can't come in there. Even if you get three days, that comes as a surprise and you can do a motion for continuance based on the fact that they didn't tell you this beforehand.
[01:14:27.360 --> 01:14:37.360]  It was intended to surprise you or whatever, but your attorney needs to get... You need to do the attorney and you need to move to quash the indictment to begin with before you even get there.
[01:14:37.360 --> 01:14:40.360]  And I get that in next week.
[01:14:40.360 --> 01:14:44.360]  Okay, you betcha. I'll do it and I'll call you guys next week. Thank you.
[01:14:44.360 --> 01:14:51.360]  While you're sending all these motions in, I have a suggestion.
[01:14:51.360 --> 01:14:52.360]  Okay.
[01:14:52.360 --> 01:15:05.360]  Don't hear me say this, but send all the motions in to the clerk and leave them unsigned.
[01:15:05.360 --> 01:15:11.360]  Put your lawyer's name at the bottom of them, unsigned, and put the return address to your lawyer.
[01:15:11.360 --> 01:15:16.360]  Or put an envelope in there to return one to your lawyer and one to you.
[01:15:16.360 --> 01:15:25.360]  If they don't see it, that you sent it, they'll go ahead and file it.
[01:15:25.360 --> 01:15:29.360]  You see what I'm getting at? Get them to think your lawyer sent it.
[01:15:29.360 --> 01:15:31.360]  Okay.
[01:15:31.360 --> 01:15:34.360]  All right. There's another issue here.
[01:15:34.360 --> 01:15:44.360]  I peg Mississippi for the most part as a fairly constitutional rights under the Second Amendment, pretty heavy state.
[01:15:44.360 --> 01:15:53.360]  You need to find yourself a state representative or state senator to go and talk to about this situation and that you're not getting any cooperation.
[01:15:53.360 --> 01:15:59.360]  And they're essentially infringing on your Second Amendment rights on private property.
[01:15:59.360 --> 01:16:14.360]  Get them to run the police, see if they can get involved in this from a political perspective that essentially they're trying to usurp the United States Constitution and the Constitution of Mississippi with regards to gun ownership off campus.
[01:16:14.360 --> 01:16:23.360]  And this is where all they care about is the conviction. They don't care whether or not the facts support the charge.
[01:16:23.360 --> 01:16:27.360]  Especially at this point because if they don't get a conviction, they get sued.
[01:16:27.360 --> 01:16:28.360]  Right.
[01:16:28.360 --> 01:16:36.360]  You got to get somebody, you got to get somebody involved politically to start making phone calls, running it off the flagpole.
[01:16:36.360 --> 01:16:44.360]  Okay. Okay. Hang on. We're approaching another break. Michael, we see you there. We will get to you shortly. This is Randy Kelton.
[01:16:44.360 --> 01:17:00.360]  Kid Baggesson, the rule of law radio, our call in number 512-646-1984. Give us a call. We'll be taking calls the rest of the night. We'll be right back.
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[01:19:25.360 --> 01:19:29.360]  Well...
[01:19:29.360 --> 01:19:35.360]  Ain't gonna fool me with that same old trick again
[01:19:35.360 --> 01:19:41.360]  I was blindsided but now I can see your eyes
[01:19:41.360 --> 01:19:46.360]  You put the fear in my pockets, took the money from my hands
[01:19:46.360 --> 01:19:55.360]  Ain't gonna fool me with that same old trick again
[01:19:55.360 --> 01:20:11.360]  Ain't gonna fool me with that same old trick again
[01:20:11.360 --> 01:20:16.360]  Ain't gonna drive me with that same old sucker punch
[01:20:16.360 --> 01:20:25.360]  I get it now, but then I must now know
[01:20:25.360 --> 01:20:29.360]  Okay, we are back, Randy Kelton and Ken Magnuson here talking to you, Jeff in Mississippi.
[01:20:29.360 --> 01:20:32.360]  Okay, Jeff, where were we?
[01:20:32.360 --> 01:20:42.360]  Well, I took a few notes down, and just to recap, because I'm still at a simple thinking level,
[01:20:42.360 --> 01:20:47.360]  I'm gonna title my motion, Motion for Ineffective Assistance of a Council,
[01:20:47.360 --> 01:20:54.360]  and then in the prayer I'm gonna pray to compel.
[01:20:54.360 --> 01:20:58.360]  Does that sound good?
[01:20:58.360 --> 01:21:03.360]  I would look at it more like a motion to compel ineffective counsel.
[01:21:03.360 --> 01:21:08.360]  The title of the motion is what you really want them to do.
[01:21:08.360 --> 01:21:12.360]  Okay, motion, okay, beautiful. Okay, good.
[01:21:12.360 --> 01:21:16.360]  Motion to compel, due to Ineffective Assistance of a Council.
[01:21:16.360 --> 01:21:19.360]  You want to get an idea on how this motion game works.
[01:21:19.360 --> 01:21:26.360]  You need to go down to that courthouse and find, they've charged you with, is this a misdemeanor or a felony?
[01:21:26.360 --> 01:21:28.360]  That's felony.
[01:21:28.360 --> 01:21:37.360]  Okay, you need to go down there and find a murder case or something in which the case is, you know, the case file is three inches thick.
[01:21:37.360 --> 01:21:42.360]  Then you'll see examples of every motion under the sun.
[01:21:42.360 --> 01:21:43.360]  Oh, good.
[01:21:43.360 --> 01:21:45.360]  Written by real attorneys.
[01:21:45.360 --> 01:21:47.360]  Okay.
[01:21:47.360 --> 01:21:54.360]  So, especially if it's against somebody that has money, and he's hired counsel, not appointed counsel.
[01:21:54.360 --> 01:22:01.360]  That's silly. If the file is three inches thick, of course, it's gonna be hired counsel.
[01:22:01.360 --> 01:22:05.360]  If the file won't be that thick, it's appointed counsel.
[01:22:05.360 --> 01:22:13.360]  Yeah. Okay, well, I'll let you move on to your next caller, and I sure appreciate it. I'll call you next week.
[01:22:13.360 --> 01:22:17.360]  Do we have a leak in the submarine here? I hear noises.
[01:22:17.360 --> 01:22:20.360]  No, that's my phone. I can't get it to quit.
[01:22:20.360 --> 01:22:28.360]  Stop it. I got one of these new droid phones, and I don't have a 10-year-old to show me how to use it.
[01:22:28.360 --> 01:22:30.360]  Exactly.
[01:22:30.360 --> 01:22:35.360]  Okay. Thank you, Jeff. And keep us up to date on how this goes.
[01:22:35.360 --> 01:22:36.360]  Thank you.
[01:22:36.360 --> 01:22:41.360]  Okay. We're going to Michael in Texas. Hello, Michael.
[01:22:41.360 --> 01:22:44.360]  Hello. Hope you all are doing well.
[01:22:44.360 --> 01:22:53.360]  If you have answers to any of these questions, I would be curious, because I just got finished with a court trial in which I went pro se.
[01:22:53.360 --> 01:23:03.360]  I'll start by saying I was pretty dismayed by the end of it, mainly because of the way that the jury behaved, that I essentially kind of shook my head and said,
[01:23:03.360 --> 01:23:11.360]  okay, fine, I'll learn my lessons from this one, and I will possibly even have some basis to go against the judge or the cop.
[01:23:11.360 --> 01:23:14.360]  But then I just basically signed a sheet of paper saying, eh, I'm not gonna appeal.
[01:23:14.360 --> 01:23:19.360]  You know, I know I could have would or should have, but I feel like I tortured myself and my family enough.
[01:23:19.360 --> 01:23:32.360]  But my questions are along these lines. First of all, I read up a fair amount on like criminal, code of criminal procedure, like article 36.14 mentions the charge of the court.
[01:23:32.360 --> 01:23:37.360]  And that the judge shall, before the argument begins, deliver to the jury and so forth.
[01:23:37.360 --> 01:23:42.360]  And the defendant or his counsel shall have a reasonable time to examine the same.
[01:23:42.360 --> 01:23:54.360]  And the way that the judge handled the charge to the court, the charge to the jury, was that she had some of one of her minions kind of slip it in my paperwork when I wasn't even looking.
[01:23:54.360 --> 01:23:59.360]  And the charge had already been delivered, basically, and it was too late at that point.
[01:23:59.360 --> 01:24:02.360]  And I took, I took issue with that.
[01:24:02.360 --> 01:24:06.360]  That's one of a handful of things I was concerned with about the judge.
[01:24:06.360 --> 01:24:13.360]  The other key women, is this a misdemeanor or felony misdemeanor?
[01:24:13.360 --> 01:24:19.360]  Okay, I suggest you agree the parpola out of the judge.
[01:24:19.360 --> 01:24:25.360]  Okay, and the prosecutor bar, grieve the prosecutor, judicial conduct complaint to judge.
[01:24:25.360 --> 01:24:28.360]  That's something you can still do.
[01:24:28.360 --> 01:24:41.360]  And the lesson to everybody listening, never sign a piece of paper saying you won't appeal it until you've had time to sleep on it.
[01:24:41.360 --> 01:24:45.360]  Never sign a piece of paper saying you won't appeal anyway.
[01:24:45.360 --> 01:24:47.360]  Right.
[01:24:47.360 --> 01:24:49.360]  Yeah.
[01:24:49.360 --> 01:24:58.360]  But I put a lot of time into it and I had several key core objectives and I felt like I met them even though I was disgusted at the way it all played out.
[01:24:58.360 --> 01:25:13.360]  The main thing I learned, and you could maybe educate me on this one, I really don't want to get sidetracked, but it was rather sobering to come to the realization that I kind of have all of the due process history and all of the right that I believe I'm entitled to and so forth.
[01:25:13.360 --> 01:25:22.360]  But when you get into that courtroom, they basically, they pigeonhole you so that the only thing they want to hear are just facts about what they consider to be the offense.
[01:25:22.360 --> 01:25:25.360]  They don't want to hear anything about due process violations.
[01:25:25.360 --> 01:25:28.360]  They don't even allow it and it's just ridiculous.
[01:25:28.360 --> 01:25:49.360]  So the other thing that I thought I would bring up, unless you had an interjection beforehand, is that both verbally and in writing, and I do have it on record, I made motion after motion to the judge saying that the prosecution has not delivered any evidence that there is even jurisdiction over me.
[01:25:49.360 --> 01:25:58.360]  And I was very clear to say I want to see facts and evidence that I want circular logic that says that the code applies because the code applies.
[01:25:58.360 --> 01:26:10.360]  I wanted to put the onus on the prosecution since it's supposed to be an adversarial proceeding in which the judge is supposedly giving me a fair trial to do just that and to pony up and be honest about it.
[01:26:10.360 --> 01:26:15.360]  But time and time again, even though I did it in writing into her face on the record.
[01:26:15.360 --> 01:26:21.360]  Did you file a written challenge to subject matter jurisdiction?
[01:26:21.360 --> 01:26:28.360]  To jurisdiction not to subject matter jurisdiction or to impersonal. I didn't distinguish it that far.
[01:26:28.360 --> 01:26:32.360]  Okay, you just filed a challenge to jurisdiction.
[01:26:32.360 --> 01:26:33.360]  Correct.
[01:26:33.360 --> 01:26:36.360]  It doesn't matter if you say subject matter or not.
[01:26:36.360 --> 01:26:37.360]  Right.
[01:26:37.360 --> 01:26:46.360]  The jurisdiction is played as jurisdiction and I did a request for discovery and Brady, but I'll get into that later if you have time.
[01:26:46.360 --> 01:26:51.360]  Did the lawyer present anything?
[01:26:51.360 --> 01:26:57.360]  Okay, you said he did. He did answer the jurisdiction challenge.
[01:26:57.360 --> 01:27:10.360]  No, not at all. The entire time he was completely mute and stood behind the judge who bore his burden shamelessly, completely bored.
[01:27:10.360 --> 01:27:14.360]  I understand I've heard this, but I believe I have jurisdiction.
[01:27:14.360 --> 01:27:19.360]  Okay, hold on. Hold on. I'm going to a point here.
[01:27:19.360 --> 01:27:26.360]  You filed a challenge to jurisdiction. Was your challenge to jurisdiction heard?
[01:27:26.360 --> 01:27:28.360]  Yes.
[01:27:28.360 --> 01:27:34.360]  Did the prosecutor present evidence of jurisdiction?
[01:27:34.360 --> 01:27:36.360]  Nay, my friend. Nay.
[01:27:36.360 --> 01:27:44.360]  Now, wait a minute. Did he present evidence that he claims to afford a jurisdiction? I'm not asking whether you agreed with the evidence.
[01:27:44.360 --> 01:27:53.360]  What I'm getting at is was there something presented to the judge or did the judge just rule out of hand?
[01:27:53.360 --> 01:28:01.360]  Rule out of hand, as far as I'm concerned, unless you consider the complaint evidence.
[01:28:01.360 --> 01:28:15.360]  No. If you file a challenge, subject matter jurisdiction. Subject matter jurisdiction is lost until proven and it's not that it is the place of the court to prove up jurisdiction.
[01:28:15.360 --> 01:28:20.360]  If they fail to accept it, this is Ken jumping in here.
[01:28:20.360 --> 01:28:26.360]  Yeah, I still think you can go to the appellate court with a mandamus indicating that they never had subject matter jurisdiction.
[01:28:26.360 --> 01:28:33.360]  I think you can sue the judge, civilly, for acting without subject matter jurisdiction.
[01:28:33.360 --> 01:28:45.360]  Sewer civilly? So would you recommend for a challenge like that to do it solo or maybe? I do have access to legal counsel through prepaid legal, but I am very aware that...
[01:28:45.360 --> 01:28:48.360]  You will never get the counsel.
[01:28:48.360 --> 01:28:51.360]  Yeah, yeah. Don't ever participate.
[01:28:51.360 --> 01:28:54.360]  They won't have anything to do with that. You have to do that on your own.
[01:28:54.360 --> 01:29:01.360]  Okay, they're going to throw out your suit, but it's going to sting that judge big time.
[01:29:01.360 --> 01:29:06.360]  When they get sued, that stings them big time.
[01:29:06.360 --> 01:29:16.360]  Send me an email, Randy at Rule of Law Radio, and I'll send you my subject matter jurisdiction challenges, and it has all the case law in there.
[01:29:16.360 --> 01:29:20.360]  They can't regain jurisdiction by just you participating.
[01:29:20.360 --> 01:29:24.360]  If you challenged it and they never proved it, it can't be waived.
[01:29:24.360 --> 01:29:34.360]  And the case law says subject matter jurisdiction may not be presumed. It must be proven.
[01:29:34.360 --> 01:29:49.360]  Hang on, this is Randy Kelton, Ken Magnuson, the Rule of Law Radio, our call in number 512-646-1984. Give us a call. We've got a couple more segments.
[01:29:49.360 --> 01:29:56.360]  Oh, I see we've got Gary and John. They look like the call board's filling up. Okay, we'll be right back.
[01:29:56.360 --> 01:30:13.360]  The Indian government may be wiping the smile off of Colgate's face. Activists claim the toothpaste giant patented an ancient Indian recipe they've been using for thousands of years.
[01:30:13.360 --> 01:30:17.360]  Dr. Catherine Albrecht, I'll be back in a moment to tell you more.
[01:30:17.360 --> 01:30:27.360]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.360 --> 01:30:35.360]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:30:35.360 --> 01:30:46.360]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:30:46.360 --> 01:30:55.360]  Is Colgate a copycat? Indian activists say the company's newly minted patent for tooth powder is an ancient recipe and they plan to fight it.
[01:30:55.360 --> 01:31:06.360]  Colgate is brushing this off. It claims a new twist on the traditional formula. The patent calls for red iron oxide instead of red ochre, but red ochre contains iron oxide. Hmm.
[01:31:06.360 --> 01:31:13.360]  The threatened patent challenge could have teeth. In 1995, India fought U.S. efforts to patent turmeric, India won.
[01:31:13.360 --> 01:31:24.360]  In the meantime, India is documenting 30 million webpages worth of its ancient herbal formulas. Officials hope this step will prevent companies like Colgate from patenting India's age-old recipes.
[01:31:24.360 --> 01:31:31.360]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.360 --> 01:31:38.360]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. The government says that fire brought it down.
[01:31:38.360 --> 01:31:43.360]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.360 --> 01:31:46.360]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.360 --> 01:31:49.360]  Thousands of my fellow first responders have died.
[01:31:49.360 --> 01:31:50.360]  I'm not a conspiracy theorist.
[01:31:50.360 --> 01:31:51.360]  I'm a structural engineer.
[01:31:51.360 --> 01:31:53.360]  I'm a New York City correction officer.
[01:31:53.360 --> 01:31:54.360]  I'm an Air Force pilot.
[01:31:54.360 --> 01:31:55.360]  I'm a father who lost his son.
[01:31:55.360 --> 01:31:58.360]  We're Americans, and we deserve the truth.
[01:31:58.360 --> 01:32:01.360]  Go to RememberBuilding7.org today.
[01:32:01.360 --> 01:32:05.360]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.360 --> 01:32:07.360]  Hey, listen to me.
[01:32:07.360 --> 01:32:08.360]  Who are you?
[01:32:08.360 --> 01:32:12.360]  I knew years ago when you felt healthy and young and everything worked on your body.
[01:32:12.360 --> 01:32:13.360]  Do you remember that?
[01:32:13.360 --> 01:32:15.360]  Yes, I wish I felt like that now.
[01:32:15.360 --> 01:32:20.360]  You can feel like that again with a new micro-powder formulation called iodine now.
[01:32:20.360 --> 01:32:25.360]  It cleans the entire body from head to toe and feeds the body what it really needs.
[01:32:25.360 --> 01:32:28.360]  You'll be in a better mood and you'll find more drive in your romantic life.
[01:32:28.360 --> 01:32:29.360]  Really?
[01:32:29.360 --> 01:32:32.360]  I gotta try iodine now and feel good again.
[01:32:32.360 --> 01:32:38.360]  It also protects you from radiation, heavy metals, fluoride, chlorine and bromine including cancer and most major diseases.
[01:32:38.360 --> 01:32:39.360]  You'll be amazed.
[01:32:39.360 --> 01:32:41.360]  You can be your own doctor.
[01:32:41.360 --> 01:32:44.360]  I want to keep you out of the hospital and off pharmaceuticals.
[01:32:44.360 --> 01:32:46.360]  Wow, why are you so nice to me?
[01:32:46.360 --> 01:32:47.360]  Because I'm you.
[01:32:47.360 --> 01:33:13.360]  You're out of shape and I need a better looking future.
[01:33:13.360 --> 01:33:22.360]  Yeah, I want to keep you from free-tolling.
[01:33:22.360 --> 01:33:24.360]  Okay, we are back.
[01:33:24.360 --> 01:33:31.360]  I'm Brian DeCeltain, Kevin Magnussen and we're talking to Michael in Texas.
[01:33:31.360 --> 01:33:38.360]  Okay, send me an email and I will send you all my stuff on subject matter jurisdiction.
[01:33:38.360 --> 01:33:48.560]  The only time you can sue a judge is when he acts without subject matter jurisdiction.
[01:33:48.560 --> 01:33:53.880]  And when you challenge his jurisdiction and he didn't prove it up, he didn't have it.
[01:33:53.880 --> 01:33:58.440]  Now you won't be able to win this suit.
[01:33:58.440 --> 01:34:02.200]  They will fight this suit like crazy.
[01:34:02.200 --> 01:34:10.200]  Just suing the judge, is he a municipal judge, JP or county?
[01:34:10.200 --> 01:34:15.880]  Randy, she is a municipal court judge and she's part of the court.
[01:34:15.880 --> 01:34:17.360]  Oh, goody, goody, goody.
[01:34:17.360 --> 01:34:20.240]  Oh, the judicial conduct complaint might do them in.
[01:34:20.240 --> 01:34:23.200]  Oh, they're terrified of those.
[01:34:23.200 --> 01:34:29.720]  And a lawsuit against the city, you got to send them a tort letter.
[01:34:29.720 --> 01:34:35.880]  Sixty days prior to suing them, tell them you've been harmed.
[01:34:35.880 --> 01:34:41.480]  And come up with a number you could do in a small claims court.
[01:34:41.480 --> 01:34:44.760]  It only cost you about 60 bucks to file.
[01:34:44.760 --> 01:34:51.680]  And this will play havoc on the city's boundary.
[01:34:51.680 --> 01:34:57.040]  OK, when they're talking about 60 days before a small claims suit, what was the other part about?
[01:34:57.040 --> 01:34:58.360]  Sorry, missed something in there.
[01:34:58.360 --> 01:34:59.800]  Tort letter to the city.
[01:34:59.800 --> 01:35:03.360]  It has to be done 60 days before the suit in a small claims court.
[01:35:03.360 --> 01:35:12.400]  Yeah, in Texas, you have to, before you can sue a governmental entity, you have to give them notice and opportunity to cure.
[01:35:12.400 --> 01:35:15.040]  OK, so interject and ask that question, Randy.
[01:35:15.040 --> 01:35:18.120]  Where is that in the code, that requirement?
[01:35:18.120 --> 01:35:21.080]  It's in local government code.
[01:35:21.080 --> 01:35:23.000]  OK, so people can look for it.
[01:35:23.000 --> 01:35:27.320]  Yeah, and it's generally a county requirement.
[01:35:27.320 --> 01:35:29.320]  So each county requires that.
[01:35:29.320 --> 01:35:30.600]  So it's kind of standard.
[01:35:30.600 --> 01:35:33.800]  So then it's not a bad idea to give a tort letter anyway.
[01:35:33.800 --> 01:35:40.520]  Tort letters are great fun because that would give them jumping up and down and chewing out the magistrate.
[01:35:40.520 --> 01:35:46.760]  And then once you file a suit, that's really going to play havoc on their bond rating.
[01:35:46.760 --> 01:35:48.880]  That's the part we got to understand.
[01:35:48.880 --> 01:35:54.920]  These guys are they're no good scoundrels and they're going to rule in their favor all the time.
[01:35:54.920 --> 01:36:01.200]  So the way we beat them is we find out where their weaknesses are, who can't they control?
[01:36:01.200 --> 01:36:06.400]  And the primary one they can't control are their insurance companies.
[01:36:06.400 --> 01:36:09.640]  So we play to the insurance company.
[01:36:09.640 --> 01:36:16.040]  You get if that judges gets sued two or three times, they're going to fire her behind.
[01:36:16.040 --> 01:36:20.040]  Get one that doesn't get sued.
[01:36:20.040 --> 01:36:24.840]  So would you do a tort letter and all that and plus a judicial conduct complaint and all that?
[01:36:24.840 --> 01:36:26.040]  Oh, yeah.
[01:36:26.040 --> 01:36:27.120]  And bar grievance.
[01:36:27.120 --> 01:36:29.520]  Just have great fun with it.
[01:36:29.520 --> 01:36:39.120]  If you bar grieve a lawyer, even if he's a prosecutor, if he's a municipal prosecutor, he probably has a private practice.
[01:36:39.120 --> 01:36:42.560]  And this will sting even good.
[01:36:42.560 --> 01:36:46.200]  You if you said to go ahead, I'm going to interject something.
[01:36:46.200 --> 01:36:53.840]  If you do these complaints, send a copy to us and any correspondence you get from judicial conduct or the state bar of Texas.
[01:36:53.840 --> 01:36:57.440]  The state bar of Texas goes under sunset review next year.
[01:36:57.440 --> 01:37:03.920]  And we want to have a lot of complaints in which the bar essentially turned a blind eye to the corruption by their attorneys.
[01:37:03.920 --> 01:37:11.240]  And we need evidence and that's the evidence that you're creating by doing this, showing here's a legitimate complaint and here's what the bar did.
[01:37:11.240 --> 01:37:19.560]  And if we've got that in the folder and we go down there to the judicial conduct, I mean, to the state Sunset Commission and the legislature, we've got something to work with.
[01:37:19.560 --> 01:37:23.320]  But if people don't send them to us, we have nothing because they're secret.
[01:37:23.320 --> 01:37:23.640]  Gotcha.
[01:37:23.640 --> 01:37:24.120]  Okay, thank you.
[01:37:24.120 --> 01:37:27.160]  We can't get them from anybody but you.
[01:37:27.160 --> 01:37:28.560]  Okay, that's fair.
[01:37:28.560 --> 01:37:31.120]  Last thing I want to bring up real quick and I know you have people waiting.
[01:37:31.120 --> 01:37:32.560]  I'll be very quick.
[01:37:32.560 --> 01:37:40.280]  I was also trying to attack the officer on the stand asking about whether, in fact, he definitely was, you know,
[01:37:40.280 --> 01:37:53.920]  to get him to admit it on the stand, whether he definitely was or was not authorized to enforce, according to the Texas administrative code section, it's rule 4.13, 644, I forget here.
[01:37:53.920 --> 01:38:04.360]  But anyway, and he, oh yeah, chapter 644, and he said that he was and I've gone about doing a public information request and I'm not quite sure.
[01:38:04.360 --> 01:38:07.560]  But the first list I got, what city is it?
[01:38:07.560 --> 01:38:09.040]  The?
[01:38:09.040 --> 01:38:11.160]  Cappell, Texas.
[01:38:11.160 --> 01:38:13.880]  Oh, you're in my neck of the woods.
[01:38:13.880 --> 01:38:16.840]  Okay, Cappell.
[01:38:16.840 --> 01:38:19.120]  Cappell's in Tarrant County?
[01:38:19.120 --> 01:38:20.120]  No, it's in Dallas.
[01:38:20.120 --> 01:38:21.320]  Yeah, Dallas County.
[01:38:21.320 --> 01:38:26.680]  Okay, Dallas County has the population slurging up.
[01:38:26.680 --> 01:38:30.200]  But there are certain requirements that he has to go through.
[01:38:30.200 --> 01:38:33.560]  If you can send me that email.
[01:38:33.560 --> 01:38:44.760]  I put in a request for exactly for evidence of compliance with the specific code for that purpose.
[01:38:44.760 --> 01:38:49.240]  And I gave them an information request for it.
[01:38:49.240 --> 01:38:54.280]  And this is a nasal text in the clerk come out and she said, I read your request.
[01:38:54.280 --> 01:38:56.440]  I'm not sure what you're asking for.
[01:38:56.440 --> 01:38:57.960]  Can you be more specific?
[01:38:57.960 --> 01:38:59.640]  I said, well, certainly.
[01:38:59.640 --> 01:39:06.200]  I want exactly what I asked for in that request.
[01:39:06.200 --> 01:39:14.760]  And she stood there looking at me like, could I get one of these officers to shoot this smart mouth?
[01:39:14.760 --> 01:39:15.960]  Let me interject something.
[01:39:15.960 --> 01:39:16.680]  This is Ken.
[01:39:17.720 --> 01:39:22.280]  One of the things that you will probably notice is that one of the things that I see in government
[01:39:22.280 --> 01:39:23.640]  all the time is incompetence.
[01:39:23.640 --> 01:39:29.480]  Number one, corruption comes by the smart people that recognize that all their underlings
[01:39:29.480 --> 01:39:31.720]  and coworkers are incompetent.
[01:39:31.720 --> 01:39:37.880]  So the issue here is, you know, these people aren't necessarily being mean to you as far
[01:39:37.880 --> 01:39:40.360]  as the clerks and everything because they want to be.
[01:39:40.360 --> 01:39:45.000]  It's just that they don't really hire the sharpest knives in the drawer for the jobs they're doing
[01:39:45.000 --> 01:39:46.120]  because they don't pay that much.
[01:39:46.120 --> 01:39:51.720]  And frankly, the prosecutor and the judge in the city doesn't want to hire somebody who's competent.
[01:39:51.720 --> 01:39:53.960]  They want to hire somebody who's willing to take orders.
[01:39:54.840 --> 01:39:55.320]  And that's it.
[01:39:55.320 --> 01:39:55.960]  They're cheap.
[01:39:55.960 --> 01:39:57.640]  I'm very busy.
[01:39:57.640 --> 01:40:00.840]  I've got a lot of callers waiting, so I'll jump off, but I'll send you all that, Randy.
[01:40:00.840 --> 01:40:01.640]  And thank you, Ken.
[01:40:01.640 --> 01:40:02.360]  Thank you both.
[01:40:02.360 --> 01:40:03.240]  You're welcome.
[01:40:03.240 --> 01:40:03.240]  Okay.
[01:40:03.240 --> 01:40:04.200]  Thank you, Michael.
[01:40:04.200 --> 01:40:12.680]  And just one thing, we have a rule, never interrupt somebody when they're screwing up.
[01:40:13.880 --> 01:40:19.960]  And if a public official is doing something improper, never, ever get upset about it because
[01:40:19.960 --> 01:40:24.200]  you never ask a public official to do anything you actually want them to do.
[01:40:24.200 --> 01:40:26.520]  You want them to not do it so you can hammer them.
[01:40:27.720 --> 01:40:33.480]  So if you're waiting to hammer them, then you don't feel betrayed and mistreated when
[01:40:33.480 --> 01:40:35.320]  they don't do what you ask them to do.
[01:40:36.680 --> 01:40:38.120]  It makes life a lot more fun.
[01:40:38.120 --> 01:40:38.620]  Okay.
[01:40:38.620 --> 01:40:42.120]  We're going to go to John in Florida.
[01:40:42.120 --> 01:40:43.160]  Hello, John.
[01:40:44.200 --> 01:40:45.320]  Hello, Randy.
[01:40:45.320 --> 01:40:46.440]  How are you, sir?
[01:40:47.320 --> 01:40:48.120]  I'm good.
[01:40:48.920 --> 01:40:50.440]  I don't care what Ken says.
[01:40:50.440 --> 01:40:52.440]  I don't care what Ken says.
[01:40:54.440 --> 01:40:55.880]  Over and over.
[01:40:56.840 --> 01:40:58.120]  Hey, what do you have for us tonight?
[01:40:59.400 --> 01:40:59.800]  Okay.
[01:40:59.800 --> 01:41:01.720]  I've spoken with Eddie privately.
[01:41:01.720 --> 01:41:03.480]  He's helped me along the way.
[01:41:03.480 --> 01:41:08.280]  I have, right now, I'm currently in the middle of a lawsuit.
[01:41:08.280 --> 01:41:09.400]  I have a countersuit.
[01:41:09.400 --> 01:41:11.480]  They filed suit with me for eviction.
[01:41:13.000 --> 01:41:19.080]  I have, again, I'm a tenant at an apartment complex for two years straight
[01:41:19.080 --> 01:41:22.200]  and our two consecutive separate lease agreements.
[01:41:22.200 --> 01:41:24.840]  At the end of the second one, I signed a month to month.
[01:41:25.480 --> 01:41:30.280]  Now, at that point, at the end of my term of my second lease, year lease,
[01:41:31.240 --> 01:41:36.760]  at the time that I signed my month to month, I had also the last month of that
[01:41:36.760 --> 01:41:43.160]  second year of tenancy under the second lease agreement, I rented a second garage storage unit.
[01:41:44.360 --> 01:41:45.640]  I got a receipt for it.
[01:41:45.640 --> 01:41:51.560]  They did not have me sign, they did not present to me two signs.
[01:41:51.560 --> 01:41:52.520]  They garage a denim.
[01:41:52.520 --> 01:41:55.720]  I had one on file with the company for the first garage that I had.
[01:41:56.600 --> 01:42:03.720]  But I got a receipt from them and I have lost the copy of the cashier's cheque that I gave to them.
[01:42:03.720 --> 01:42:04.760]  But they have it on file.
[01:42:04.760 --> 01:42:07.880]  I can do a request for admission, which I did.
[01:42:08.840 --> 01:42:12.840]  But what I'm getting at here now is that the point that we've gotten to with me writing
[01:42:12.840 --> 01:42:17.480]  them several letters directly to the complex demanding what they've done,
[01:42:17.480 --> 01:42:19.000]  so let me get back to what they did.
[01:42:20.120 --> 01:42:24.520]  When I paid for that garage two weeks into it because they did not do their due diligence
[01:42:24.520 --> 01:42:26.600]  properly, did not input the system.
[01:42:26.600 --> 01:42:33.640]  When they came across the garage, they found stuff in there, $3,285 worth of private property.
[01:42:34.520 --> 01:42:39.400]  They unlawfully removed it, unlawfully answered them, unlawfully removed it.
[01:42:39.400 --> 01:42:46.520]  In response to that, I sent them several letters demanding that they make remunerations to me
[01:42:47.080 --> 01:42:50.840]  to which they got, I got no reply, but we're not going to do that.
[01:42:52.360 --> 01:42:56.600]  Then they ended my month-to-month retaliation.
[01:42:56.600 --> 01:42:59.800]  They ended my month-to-month agreement with them.
[01:42:59.800 --> 01:43:04.120]  I mean, within the specified time under the state laws, but they still ended the 10 days
[01:43:04.120 --> 01:43:09.400]  after it was signed, funny that they did that right after I brought this to their attention,
[01:43:09.400 --> 01:43:11.480]  that they owed me this money for taking my property.
[01:43:12.120 --> 01:43:16.040]  And then at which time I wrote them a letter and said, well, I'm not going anywhere,
[01:43:16.040 --> 01:43:21.400]  and I've cited statutes that allow for this in Florida that I can stay here in the department
[01:43:22.200 --> 01:43:25.960]  as compensation for damages until such time this is settled.
[01:43:26.840 --> 01:43:30.440]  One of the statutes, the section of the statute specifically provides for
[01:43:30.440 --> 01:43:35.000]  three months of rent compensation at which point I'm at the end of the third month right now
[01:43:35.000 --> 01:43:35.800]  in the end of July.
[01:43:37.640 --> 01:43:39.800]  Okay, hang on. We're about to go to break.
[01:43:40.680 --> 01:43:42.200]  We'll pick this up on the other side.
[01:43:42.760 --> 01:43:45.640]  This is Kid Magnuson and Randy Kelton.
[01:43:45.640 --> 01:43:46.600]  We have our radio.
[01:43:48.840 --> 01:43:50.040]  Gary, I see you there.
[01:43:50.040 --> 01:43:55.320]  We will finish this up and get you when we get back on the other side, but we'll be right back.
[01:43:55.320 --> 01:44:03.960]  You feel tired when talking about important topics like money and politics?
[01:44:03.960 --> 01:44:04.360]  Sorry.
[01:44:04.360 --> 01:44:07.640]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.640 --> 01:44:08.120]  What?
[01:44:08.120 --> 01:44:12.920]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:44:23.000 --> 01:44:28.120]  home in America, the television. Unfortunately, that puts most Americans at risk of catching
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[01:45:56.440 --> 01:46:23.480]  or call toll-free 866-LAW-EZ. Okay, we are back. Randy Kelton, Kim Magnuson left us just because
[01:46:23.480 --> 01:46:30.120]  his stake was ready. What a chomp. Okay, we're going to talk into John in Florida.
[01:46:31.480 --> 01:46:37.800]  And okay, you got the details down. Now, what's your question? What's the issue now?
[01:46:37.800 --> 01:46:43.960]  Well, so I said I filed several motions, notices of anything that was going on along the way.
[01:46:44.760 --> 01:46:48.360]  Father, police report on the burglary, which the cop was trying to shield the apartment complex,
[01:46:48.360 --> 01:46:54.600]  these bodies with them. So it comes to court now for the hearing, which happened yesterday.
[01:46:57.080 --> 01:47:02.840]  Now, first of all, in their pleading, they had nine paragraphs. I introduced one of them,
[01:47:02.840 --> 01:47:07.080]  the first two, and their assertions were that there are business and good standing,
[01:47:07.080 --> 01:47:13.400]  and number two, that they own real property at this address. Well, per Eddie Craig's
[01:47:13.400 --> 01:47:19.800]  suggestion, I went ahead and challenged that. Without knowledge, they need to strict,
[01:47:19.800 --> 01:47:27.800]  provide strict proof thereof. And really what it was is I stated motion for the judge to compel
[01:47:27.800 --> 01:47:32.040]  them to provide strict proof thereof, but they're good standing. The Secretary of State
[01:47:32.040 --> 01:47:36.600]  had the taxes paid, blah, blah, blah, and they own this property. None of which happened.
[01:47:36.600 --> 01:47:45.400]  Oh, the judge did not compel them to do so. He did not order. That's pretty well discretionary
[01:47:45.400 --> 01:47:50.200]  on part of the judge. If he believed them and you had no evidence to the contrary,
[01:47:50.760 --> 01:47:56.600]  they're making the statement in the court, this prima facie evidence of the fact,
[01:47:57.560 --> 01:48:01.720]  you would need to bring some evidence to the contrary to overcome the prima facie.
[01:48:01.720 --> 01:48:07.400]  I'm not sure if I follow you. So basically them stating that there are a business and
[01:48:07.400 --> 01:48:11.560]  good standing, registered to business in the county and the state, that I challenge
[01:48:11.560 --> 01:48:17.080]  that they have to prove it and they don't have to? Well, their statement,
[01:48:17.800 --> 01:48:25.400]  the court will take as prima facie evidence of the fact. In your challenge, you would need to
[01:48:25.400 --> 01:48:36.040]  show some fact that would tend to put their facts at issue. Just a bald challenge doesn't rise to
[01:48:36.040 --> 01:48:42.840]  a level that would compel the judge or would give the judge cause to compel them to bring more evidence.
[01:48:44.040 --> 01:48:47.240]  All right. So what's the stop? Anyone from saying they own this property and that they're
[01:48:47.240 --> 01:48:52.120]  going to fix me? I mean, if I cannot challenge that to say, show that you actually own this
[01:48:52.120 --> 01:48:55.560]  property, show that you're going to fix the business or business registered in the state.
[01:48:55.560 --> 01:49:04.280]  Okay. It's all about evidence. They make the statement that's prima facie on his face.
[01:49:05.720 --> 01:49:15.880]  And this is, you sued them about that property and they responded to the suit
[01:49:16.920 --> 01:49:21.240]  about that property. The presumption is that they're the owners of the property,
[01:49:21.240 --> 01:49:25.640]  or at least have legal control of the property. And they stated that they did.
[01:49:26.760 --> 01:49:32.280]  Now, you need to come up with some evidence to show that their statement was untrue or
[01:49:32.920 --> 01:49:40.360]  not completely true in order to compel them to bring more evidence.
[01:49:42.360 --> 01:49:49.000]  Okay. Those are distinctions essential without a difference. Did you sue these? Were they the
[01:49:49.000 --> 01:49:55.800]  point, the defendants? They're the plaintiffs. I'm the defendant. However, they counterclaimed
[01:49:55.800 --> 01:50:03.000]  against them with my answer. Okay. Did you, then if you have reason to believe that they
[01:50:03.000 --> 01:50:07.480]  don't have standing to bring the suit, you need to file a challenge subject matter jurisdiction.
[01:50:10.440 --> 01:50:13.320]  And challenge subject matter jurisdiction can be brought at any time. You can
[01:50:13.320 --> 01:50:22.280]  maintain that the plaintiff lacks either agency standing or capacity to bring the action,
[01:50:22.280 --> 01:50:26.360]  and therefore is unable to invoke the subject matter jurisdiction of the court.
[01:50:29.000 --> 01:50:32.600]  Do you have any reason to believe that these are not the proper parties?
[01:50:35.000 --> 01:50:39.720]  Okay. Not any more than that they have not provided no evidence for the fact that they
[01:50:39.720 --> 01:50:46.440]  are in good standing in the legislative business in the state. Okay. Hold on. How is that material?
[01:50:48.520 --> 01:50:54.920]  Okay. Per A's suggestion and his reasoning is that, you know, don't give them an inch,
[01:50:54.920 --> 01:50:58.440]  make them prove everything they say. So if they're saying they're on the property,
[01:50:58.440 --> 01:51:01.560]  prove it. If they're saying that they're registering the business in the county, prove it.
[01:51:02.840 --> 01:51:07.960]  Yeah. You can ask them to prove it, but this goes to the discretion of the judge, especially
[01:51:07.960 --> 01:51:17.240]  if it's not material. If it's not material, then the judge is going to look at it as a distinction
[01:51:17.240 --> 01:51:23.960]  without a difference, and he's not going to waste the court's time on it. I mean, if they don't,
[01:51:23.960 --> 01:51:27.640]  I mean, it's material in that if they're not registered to do business, or they don't own
[01:51:27.640 --> 01:51:33.080]  the property, how can they do that? So have you checked to see if they're registered to do business?
[01:51:33.080 --> 01:51:37.640]  I personally have not. I thought, you know, whatever you present, I'll do that.
[01:51:37.640 --> 01:51:44.040]  Okay. Here's the deal. I do that. Okay. The court is not going to compel the other side
[01:51:44.040 --> 01:51:52.680]  to bring information that you have equal access to. If this is, if you have a reason to believe
[01:51:52.680 --> 01:51:58.120]  that they're not properly registered to do business, then due diligence would require you to go to
[01:51:58.120 --> 01:52:03.560]  the secretary of state and see if they show up. If they don't show up, now you have primary
[01:52:03.560 --> 01:52:08.120]  facial evidence that they're not what they said they were. You bring that to the court,
[01:52:09.080 --> 01:52:14.440]  and now the court's in a position to where they have to move. Does that make sense?
[01:52:15.880 --> 01:52:19.480]  Absolutely. So does that mean I have to do a records request for the secretary of state?
[01:52:20.120 --> 01:52:25.720]  No, you can just call them. They call them. They got a section for that and ask them,
[01:52:25.720 --> 01:52:30.280]  is this person in good standing, or they file to do business, and they'll look them up for you.
[01:52:31.880 --> 01:52:37.800]  Okay. So as far as the only real property, I just checked with the county text selector.
[01:52:38.360 --> 01:52:39.960]  Yeah, county registrar deeds.
[01:52:42.520 --> 01:52:46.120]  It'll be, if they own the property, they'll be filed in the county registrar's office.
[01:52:47.800 --> 01:52:50.200]  Registrar's office, they'll kind of suit them.
[01:52:50.200 --> 01:52:57.080]  Okay. What if there's some convoluted, you know, match where, you know, there's corporations
[01:52:57.800 --> 01:53:02.040]  that own it by their own, or by one name, they're doing business with another. I mean, what if
[01:53:02.840 --> 01:53:06.680]  Okay, so that you can bring into court. So your Honor, I wouldn't look into records,
[01:53:06.680 --> 01:53:11.960]  and I can't tell from the records if they own this property or not. Now you've brought him something.
[01:53:13.240 --> 01:53:19.560]  Okay. So he's going to say why are you asking this question, and you need to be able to tell
[01:53:19.560 --> 01:53:26.760]  him why you asked the question. And if you can tell him why, then he's likely to give you what you ask.
[01:53:28.280 --> 01:53:32.440]  I understood. Okay. So I've covered those two points here. I thought maybe that would have
[01:53:32.440 --> 01:53:38.840]  a, an impact on maybe how that hearing should have went yesterday when standing in front of the judge
[01:53:38.840 --> 01:53:43.800]  with the plaintiff on the other side. And this hearing was specifically, specifically to determine
[01:53:43.800 --> 01:53:50.440]  should rents be paid and held by the courts until this is sorted out. And there was a trial set
[01:53:51.160 --> 01:53:57.720]  at this point by the end of that, his judgment was rent need to be paid for the three months up
[01:53:57.720 --> 01:54:05.400]  to this point, despite my claim for damages and the state statutes that support my claim of not
[01:54:05.400 --> 01:54:10.920]  paying rent and maintaining possession of property as compensation. That will be just,
[01:54:10.920 --> 01:54:16.680]  I justify the reason enough to not have to pay rent until this is settled. Okay. That is not a,
[01:54:17.400 --> 01:54:24.760]  you know, the court's going to make a conservative ruling. Right. If he rules that you don't have
[01:54:24.760 --> 01:54:32.280]  to pay rent and you lose. Now the other side, because of the litigation is put in a position
[01:54:32.280 --> 01:54:39.640]  to where they have to try to collect this rent. It's back right. And the court's saying that the
[01:54:39.640 --> 01:54:47.400]  other side shouldn't be punished by having their rent withheld when they may be in the right
[01:54:49.000 --> 01:54:52.360]  and then be putting in a position to where they would have to try to collect.
[01:54:54.200 --> 01:55:00.440]  Okay. So what is ruling by then that, you know, by Friday being tomorrow and the business 4pm
[01:55:00.440 --> 01:55:06.280]  courthouse closes, that the three months for the amount of rent that has to be deposited in full
[01:55:06.280 --> 01:55:12.040]  in order to carry forward with the trial, which would be that Wednesday of next week, the 23rd,
[01:55:12.840 --> 01:55:19.400]  at which point, you know, he said in that trial, he is not going to hear, will not hear
[01:55:20.040 --> 01:55:26.520]  my counterclaim as part of the argument for, you know, my claim that they basically unlawfully
[01:55:26.520 --> 01:55:30.280]  entered and unlawfully removed my property and deprived me of that property and I suffered
[01:55:30.280 --> 01:55:38.120]  damages, the amount of $23,285, he will not hear that as a counterclaim. He may consider it
[01:55:38.840 --> 01:55:45.800]  as an, consider the facts of it as an offsetting of what rents on my dough. So say I deposit the
[01:55:45.800 --> 01:55:51.560]  full amount with the clerk, he decides, okay, fine, the $3,000 he made enough of the case,
[01:55:51.560 --> 01:55:58.280]  he'll deduct that, give them the balance, give me back my $3,200. But I don't understand why
[01:55:58.280 --> 01:56:03.320]  he won't just have the counterclaim heard in the hearing. They said, and if I don't deposit the
[01:56:03.320 --> 01:56:09.560]  amount of rent, I can't make, you know, I can't give a reason on that, that's going to go strictly
[01:56:09.560 --> 01:56:15.320]  to Florida law. Okay, so you don't, you can't see anything wrong with that right off the bat?
[01:56:15.960 --> 01:56:22.200]  Yeah, that goes right to how Florida law is structured and it sounds like he's probably
[01:56:22.200 --> 01:56:28.840]  standing square on Florida law. Okay. And saying, well, this is an issue.
[01:56:30.280 --> 01:56:36.840]  That issue doesn't have anything to do with this issue. And that is probably something that restricts
[01:56:36.840 --> 01:56:42.600]  that from being brought into this issue. Okay, and so therefore he's saying, he's only wants to hear
[01:56:42.600 --> 01:56:48.520]  possession on the apartment, that's it, either. Yeah. Oh, if this is an unlawful detainer hearing,
[01:56:48.520 --> 01:56:55.160]  that's all it's going to be about. The other claims would have to be separate.
[01:56:55.160 --> 01:57:03.400]  If it's unlawful detainer, absolutely, he's in the right. Okay. I really have to go. I'm going to
[01:57:03.400 --> 01:57:09.160]  get Gary in. He's been waiting for quite a while. I don't think I can help you because it's kind of
[01:57:09.160 --> 01:57:16.040]  out of my league. I would have to know more about very much. Okay. Thank you, John. Okay. Now I'm
[01:57:16.040 --> 01:57:23.320]  going to Gary in Texas. I'm sorry. I got to you so late, Gary. Oh, that's okay. My questions are easy.
[01:57:24.360 --> 01:57:31.880]  I've got a family member that was charged with a felony drug possession and misdemeanor,
[01:57:31.880 --> 01:57:38.120]  and both cases were dismissed. And so now we're putting together the expunction. It's been about
[01:57:38.120 --> 01:57:46.520]  60 days. And the court is telling me that we're going to have to pay a filing piece equaling
[01:57:46.520 --> 01:57:55.320]  about 2,500 bucks. And my king never heard of such a thing. Yeah. For expungement?
[01:57:56.760 --> 01:58:04.040]  Yeah, for expungement. I've never heard of such a thing. How about if I follow up with you later
[01:58:04.040 --> 01:58:10.920]  on? Yes. Send me an email and we'll get together over the weekend on it. I've never heard of such a
[01:58:10.920 --> 01:58:17.000]  thing. Okay. Thanks a lot. So have a great evening. Okay. Thank you, Gary. Okay. This is
[01:58:17.000 --> 01:58:24.280]  Randy Kelton, Deborah Stevens. We have our radio. And make sure you turn in tomorrow night for our
[01:58:24.280 --> 01:58:30.680]  four hour info marathon. I'm hoping to have a couple of good people on with some really interesting
[01:58:30.680 --> 01:58:36.920]  questions concerning, we'll start out the first hour with foreclosure and then we'll go to questions
[01:58:36.920 --> 01:58:44.520]  on any topic. So we'll have Steve Skidmore and Joe Esquivel. So give us a call. Thank you for
[01:58:44.520 --> 01:58:55.160]  listening and good night. Bibles for America is offering absolutely free, a unique study Bible
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