ROL_2017-02-24_16k_Hr1-2.timecode
[00:00.000 --> 00:07.760] The following newsflash is brought to you by the Lone Star Lowdown, providing you daily
[00:07.760 --> 00:09.960] bulletins for the commodities market.
[00:09.960 --> 00:23.360] Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.360 --> 00:29.800] Markets for Wednesday the 22nd of February 2017 are currently trading with gold at $1,237.21
[00:29.800 --> 00:36.560] an ounce, silver $18.01 an ounce, Texas crude $53.40 a barrel, and Bitcoin is still rising
[00:36.560 --> 00:45.720] sitting at about $1,130 U.S. currency.
[00:45.720 --> 00:51.480] Today in history, the year 1943, members of the White Rose Resistance, a nonviolent intellectual
[00:51.480 --> 00:55.760] resistance group in Nazi Germany led by a group of students and a professor at the University
[00:55.760 --> 01:00.920] of Munich that conducted an anonymous leaflet and graffiti campaign which called for active
[01:00.920 --> 01:06.120] opposition against the Nazi regime, started on June 27, 1942 and ending with the arrest
[01:06.120 --> 01:12.480] of the core group, Sophie Scholl, Hans Scholl, and Christoph Props by the Gustapo on February
[01:12.480 --> 01:19.560] 18 were executed today in history.
[01:19.560 --> 01:24.960] In recent years, the Palestinian Baduin village of Can al-Amar near Jerusalem was raided by
[01:24.960 --> 01:29.440] Israeli defense forces on Sunday after Israeli's government issued a demolition order for the
[01:29.440 --> 01:30.520] Palestinian village.
[01:30.520 --> 01:34.560] The IDF imposed a military closure on dozens of structures, homes, and the only school
[01:34.560 --> 01:39.440] in the area giving residents just a few days until Thursday of this week to evacuate.
[01:39.440 --> 01:43.240] It's estimated that 40 Palestinian homes in the central West Bank community are targeted
[01:43.240 --> 01:44.240] for demolition.
[01:44.240 --> 01:49.160] In 2014, the United Nations Office for the Coordination of Humanitarian Affairs identified
[01:49.160 --> 01:54.460] the Can al-Amar village as one of the 46 settlements in the area that's at risk of forced relocation
[01:54.460 --> 01:55.460] by Israel.
[01:55.460 --> 01:58.640] Villagers were given construction termination warrants and will have a chance to present
[01:58.640 --> 02:01.120] their case during a hearing on Thursday.
[02:01.120 --> 02:04.440] Israeli officials maintain that the village was built illegally in the hotly disputed
[02:04.440 --> 02:14.720] E1 corridor which physically links East Jerusalem and the Mali Adumim settlement.
[02:14.720 --> 02:18.360] According to the Canadian Border Service Agency, more than 1,400 people have made claims at
[02:18.360 --> 02:23.280] land border ports of entry in the region since November, which is more in the last four months
[02:23.280 --> 02:25.800] than the entire year of 2015.
[02:25.800 --> 02:30.120] Apparently a number of people seeking asylum has soared in the last year and spiked recently,
[02:30.120 --> 02:32.280] with Quebec seeing the greatest numbers.
[02:32.280 --> 02:35.880] Canadian authorities are saying that the migrants come from all over the world and ranging in
[02:35.880 --> 02:39.000] all ages, from parents with infants to the elderly.
[02:39.000 --> 02:43.080] Inspector Martin Roach of the Royal Canadian Mountain Police stated that since, quote,
[02:43.080 --> 02:46.960] they're not reporting to the open port of entry, they're being placed under arrest and
[02:46.960 --> 02:50.600] then interviewed to make sure there's no national security nexus.
[02:50.600 --> 02:57.600] This is Kurt Brody with the Lowdown for February 22nd, 2017.
[03:20.600 --> 03:34.000] OK, howdy, howdy, Randy Kelton, Wheel of Love Radio on this, the 24th day of February 2017.
[03:34.000 --> 03:36.760] Welcome to our four-hour info marathon.
[03:36.760 --> 03:38.200] I have the phones on.
[03:38.200 --> 03:40.560] I'll keep them on all night.
[03:40.560 --> 03:49.600] Our call-in number is 512-646-1984, and I'm going to start out with a decision out of
[03:49.600 --> 04:02.480] the Fifth Circuit, and the nature of the decision is, the way it came to the decision is especially
[04:02.480 --> 04:03.480] gratifying.
[04:03.480 --> 04:15.440] Turner, Philip Turner, a college student in the Dallas-Fort Worth area, went down to the
[04:15.440 --> 04:21.680] Fort Worth police station and filmed the police, and they, as expected, the police came out
[04:21.680 --> 04:27.440] and hopped up and down and got all excited and cuffed him and stuck him in the car for
[04:27.440 --> 04:30.120] a while and then decided to release him.
[04:30.120 --> 04:36.600] Well, so he filed suit, and we just got the decision out of the Fifth Circuit today.
[04:36.600 --> 04:39.120] I was just reading it.
[04:39.120 --> 04:48.920] One of my other listeners sent me a YouTube video, and I found a link to it, and the Fifth
[04:48.920 --> 04:55.080] Circuit clearly established the right to record the police.
[04:55.080 --> 05:04.580] What their position was is that this case actually ruled in favor of the police officers.
[05:04.580 --> 05:12.600] The police officers were sued on 42 U.S. Code 1983, and they claimed that the right to film
[05:12.600 --> 05:22.840] the police was not clearly established at the time, and the court agreed with them and
[05:22.840 --> 05:30.400] granted them qualified immunity, but went on to uphold the right to film the police.
[05:30.400 --> 05:38.560] So, it's clear now in the Fifth Circuit in Texas that we have a right to film our public
[05:38.560 --> 05:39.560] officials.
[05:39.560 --> 05:52.600] So, my next trip is going to be to a local court, and I'm going to film the court.
[05:52.600 --> 05:57.320] And when the judge objects, Your Honor, I'm here filming the bailiffs.
[05:57.320 --> 06:04.680] If you happen to get in the way, tough, but this should clear the way so that we can begin
[06:04.680 --> 06:08.520] recording these courts.
[06:08.520 --> 06:12.360] That will help to change everything.
[06:12.360 --> 06:18.600] These courts have been saying that they could prevent us from filming.
[06:18.600 --> 06:22.720] I had Judge Hayes, a Justice of the Peace out of Mansfield.
[06:22.720 --> 06:27.880] Now, this guy's been a Justice of the Peace for a really long time.
[06:27.880 --> 06:33.480] He's not a lawyer, but he can't pretend he didn't know better when he told me that it
[06:33.480 --> 06:42.280] was illegal for him to keep a record of his court proceedings because he was not a court
[06:42.280 --> 06:43.280] of record.
[06:43.280 --> 06:49.800] I said, are you kidding me?
[06:49.800 --> 06:52.440] That merely means you don't have to keep a record.
[06:52.440 --> 06:53.440] Oh, no.
[06:53.440 --> 06:59.440] He insisted that because it wasn't a court of record, he was forbidden to keep a record,
[06:59.440 --> 07:00.440] and so was I.
[07:00.440 --> 07:03.440] Now, that didn't make sense.
[07:03.440 --> 07:06.920] Well, that's taken care of now.
[07:06.920 --> 07:13.480] But in reading the opinion, I was struck with an issue.
[07:13.480 --> 07:22.040] The courts granted these police officers qualified immunity because the right was not clearly
[07:22.040 --> 07:23.680] established at the time.
[07:23.680 --> 07:26.200] What the heck is that crap?
[07:26.200 --> 07:28.040] The right was not clearly established.
[07:28.040 --> 07:32.280] Of course it was clearly established.
[07:32.280 --> 07:35.320] It's not a right that needs to be clearly established.
[07:35.320 --> 07:40.080] It is a prohibition that needs to be clearly established.
[07:40.080 --> 07:43.160] They've turned the law on its head.
[07:43.160 --> 07:49.200] They've made it such that the police can do anything they want to unless they are specifically
[07:49.200 --> 07:52.280] forbidden to do something.
[07:52.280 --> 07:56.320] Now, that's backwards.
[07:56.320 --> 08:02.080] The police may only do what they're specifically authorized to do.
[08:02.080 --> 08:11.120] I guess that needs to be an issue brought before the courts for clarification.
[08:11.120 --> 08:13.400] But right now, we can film.
[08:13.400 --> 08:19.440] We've got a caller, Scott from Texas, and he's probably going to have something to say
[08:19.440 --> 08:20.440] about this issue.
[08:20.440 --> 08:21.440] Hello, Scott.
[08:21.440 --> 08:25.080] Well, how are you doing tonight, Randy?
[08:25.080 --> 08:28.680] Oh, I'm just dancing for joy.
[08:28.680 --> 08:40.360] Well, I just want to have to kind of change the whole paradigm and the shift on the way
[08:40.360 --> 08:49.200] everything is really...the way I've seen a bunch of changes that have overcome with
[08:49.200 --> 08:55.280] the court system since I've been dealing with it.
[08:55.280 --> 08:59.080] You're totally right about a lot of things.
[08:59.080 --> 09:06.760] The training is part of it with the cops and all that stuff, but the whole problem is the
[09:06.760 --> 09:15.880] way people are addressing when they are getting a citation with a cop or any interaction with
[09:15.880 --> 09:26.200] a government official, because soon as a complaint is being made, you have to make a counterclaim.
[09:26.200 --> 09:36.680] And I know you even balk at it when it's even mentioned, but as soon as you put in a counterclaim,
[09:36.680 --> 09:42.560] stating that whatever claim that a person has made against you, because you even mentioned
[09:42.560 --> 09:49.720] it on your show last night when you were talking about on a federal case, how as soon as a
[09:49.720 --> 09:55.760] claim was made against the federal official that whatever charges were brought and he
[09:55.760 --> 10:04.280] couldn't actually sustain those claims, then they ran away.
[10:04.280 --> 10:13.960] The problem is that nobody is addressing these charges and making a counterclaim and then...
[10:13.960 --> 10:17.800] Let me clarify how that works.
[10:17.800 --> 10:22.080] You can't sustain a counterclaim in a criminal action.
[10:22.080 --> 10:25.680] Criminal action is a special type of pleading.
[10:25.680 --> 10:36.600] Well, Randy, check it out, because when Jody down in Polk County put in the counterclaim,
[10:36.600 --> 10:42.920] the county court-at-law judge said he could not proceed with a criminal proceeding because
[10:42.920 --> 10:49.240] this counterclaim was put in and it was a civil case now, and so it was waiting on a
[10:49.240 --> 10:52.160] civil matter, so they had to sit all up on that.
[10:52.160 --> 10:55.880] He actually admitted to it and set it aside.
[10:55.880 --> 10:56.880] That's not in law.
[10:56.880 --> 10:59.560] He just didn't know what he was doing.
[10:59.560 --> 11:03.280] Well, no, he actually did know what he was doing.
[11:03.280 --> 11:06.080] No, no, listen, listen.
[11:06.080 --> 11:10.720] In order to make a claim, you have to file a civil action.
[11:10.720 --> 11:11.720] Exactly.
[11:11.720 --> 11:18.240] There's no accommodation in law for a counterclaim in a criminal action.
[11:18.240 --> 11:25.360] The counterclaim was rebuking that and it was taking on a civil matter, so the judge
[11:25.360 --> 11:32.480] actually admitted that this was a civil action and he had to wait until the civil proceeding
[11:32.480 --> 11:37.440] would conclude before he could go ahead with the criminal.
[11:37.440 --> 11:42.320] The only reason I know this actually happened because I sent it up to another guy in Missouri
[11:42.320 --> 11:49.480] and the judge balked and had to wait and freaked out because they had a counterclaim in there
[11:49.480 --> 11:54.800] and they didn't know what was going on because the claim was refuted from what it cost.
[11:54.800 --> 12:01.520] Let me address an issue in the legal reform movement.
[12:01.520 --> 12:07.840] We tend to do things that lawyers don't do.
[12:07.840 --> 12:14.960] Sometimes we do things and the judge just has no idea how to handle it.
[12:14.960 --> 12:20.040] When we do something like that and it gets us results, we think it's working because
[12:20.040 --> 12:25.560] it's based on some kind of supportive law, when really it's based on the fact that the
[12:25.560 --> 12:27.720] courts don't know what to do with it.
[12:27.720 --> 12:34.600] They don't know yet how to handle this, so they back up so they can look to make sure
[12:34.600 --> 12:37.920] they don't screw up.
[12:37.920 --> 12:44.320] That's the problem because they're supposed to address any time a claim has been rebutted,
[12:44.320 --> 12:49.680] they have to address that claim and if they don't, which they railroaded me several times
[12:49.680 --> 12:54.720] as you well know through all my experiences, the only reason I know is because all these
[12:54.720 --> 13:01.440] experiences I've seen come out to the outcome and then I went and filed federal lawsuits
[13:01.440 --> 13:08.000] on them and now I'm addressing them in the federal court because of what has happened.
[13:08.000 --> 13:09.000] Okay, hold on.
[13:09.000 --> 13:14.120] Let's go back to making a claim in a criminal complaint.
[13:14.120 --> 13:17.440] You just bumped me up against one of my rules.
[13:17.440 --> 13:18.440] Sure.
[13:18.440 --> 13:24.000] One of my rules is never make a proactive statement of law out of your own mouth.
[13:24.000 --> 13:31.320] While I'm saying this to you, I'm going inside and scanning around and trying to find something
[13:31.320 --> 13:43.600] in law that says a criminal descendant may not make a counterclaim against the state.
[13:43.600 --> 13:46.520] Well, the sad thing is-
[13:46.520 --> 13:48.480] Wait a minute.
[13:48.480 --> 13:51.240] I've never seen that anywhere.
[13:51.240 --> 13:57.200] I've heard judges say it, but I've never seen that in law.
[13:57.200 --> 14:00.440] It's not in the Code of Criminal Procedure anywhere.
[14:00.440 --> 14:03.520] So you're saying it cannot happen, so it cannot happen?
[14:03.520 --> 14:04.520] No, no, no.
[14:04.520 --> 14:05.520] Wait, wait.
[14:05.520 --> 14:11.120] I was saying it cannot happen and while I'm saying it cannot happen, I'm pulling out my
[14:11.120 --> 14:16.080] rules and my rule was saying you're making a proactive statement of law out of your own
[14:16.080 --> 14:17.080] mouth.
[14:17.080 --> 14:22.520] You're not quoting code and I'm scanning my brain for the code.
[14:22.520 --> 14:24.800] I can't find any.
[14:24.800 --> 14:29.080] So you could well be right.
[14:29.080 --> 14:35.400] It's federal procedure that it comes down to any claim that is made against you because
[14:35.400 --> 14:43.800] all criminal cases, no matter what, even in federal law, it comes down to they are all
[14:43.800 --> 14:51.080] civil proceedings and any claim that is made against you, you can file a counterclaim and
[14:51.080 --> 14:57.360] you can claim... You can rebut the claim that's made against you and that's what's
[14:57.360 --> 15:04.720] being made in a counterclaim, even in what you said last night when you were talking
[15:04.720 --> 15:09.520] about that federal case with that guy that was on... He was having some kind of mess
[15:09.520 --> 15:18.200] going on in Tennessee and you talked about a federal case where the guy actually filed
[15:18.200 --> 15:24.520] a claim against the prosecutor and the prosecutor ran out of court because that's effectively
[15:24.520 --> 15:26.720] almost like a counterclaim.
[15:26.720 --> 15:34.040] Well, that was something that's... When you file a criminal complaint against the prosecutor,
[15:34.040 --> 15:39.480] that's something you can actually do, but that's a separate case from the one that's
[15:39.480 --> 15:40.480] against you.
[15:40.480 --> 15:41.640] That's a counterclaim.
[15:41.640 --> 15:46.760] Now you're effectively talking a counterclaim and it's different because you're suing.
[15:46.760 --> 15:47.760] You're going back...
[15:47.760 --> 15:48.760] Wait, wait, wait, wait.
[15:48.760 --> 15:50.360] I'm trying to get to something.
[15:50.360 --> 15:53.160] We're splitting things up here.
[15:53.160 --> 15:59.600] First, you're saying that you can file a counterclaim in the criminal action.
[15:59.600 --> 16:06.760] I would say no, you can't, but in thinking about it, I don't know of anything in law.
[16:06.760 --> 16:10.440] I can't find anything in law that prevents it.
[16:10.440 --> 16:18.760] It doesn't because it's been done, but here's the thing, the judges here in Dallas County
[16:18.760 --> 16:26.440] railroaded me straight up over... I mean, railroaded me, but Jody down there in Kodak
[16:26.440 --> 16:34.160] County, Pope County, the judge actually recognized it and I've seen another guy in Missouri,
[16:34.160 --> 16:35.160] he recognized it.
[16:35.160 --> 16:36.160] Take a look.
[16:36.160 --> 16:37.160] I've heard of this happening before.
[16:37.160 --> 16:38.160] Hang on.
[16:38.160 --> 16:45.240] Dr. Goethebrecht, Randy Kelton, Brutabla Radio, we have our fundraiser on, so go to Logos
[16:45.240 --> 16:53.680] Radio Network and check out our gun giveaway, and I've got the ebook up there and Eddie's
[16:53.680 --> 16:56.160] traffic seminar, so help support this station.
[16:56.160 --> 16:57.160] We'll be right back.
[16:57.160 --> 16:58.160] Dang, cookies.
[16:58.160 --> 16:59.160] Cookies?
[16:59.160 --> 17:00.160] Me love cookies.
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[17:01.160 --> 17:02.160] No, these are yucky cookies.
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[17:22.160 --> 17:23.160] Yucky cookies are cyber cookies, and they clog up your computer.
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[17:28.160 --> 17:33.240] I click Control, Shift, Delete, and then scroll down to Cookies, and clear them.
[17:33.240 --> 17:34.480] Bye-bye, yucky cookies.
[17:34.480 --> 17:40.160] Now, I go to LogosRadioNetwork.com, and I click on the Amazon box in the upper right
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[17:49.160 --> 17:51.160] Consider it an early Christmas present.
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[17:57.160 --> 17:58.160] B is for cookie.
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[19:16.160 --> 19:18.160] Okay, we are back.
[19:18.160 --> 19:25.160] Randy Kelton, Rule of Law Radio on this Friday, the 24th day of February 2017.
[19:25.160 --> 19:28.160] And we're talking to Scott in Texas.
[19:28.160 --> 19:33.160] So, I'm going to have to do some research on this, Scott.
[19:33.160 --> 19:47.160] To see if I can find anything in law that would prevent a defendant from filing a counterclaim against the state.
[19:47.160 --> 19:49.160] Well, here's the thing.
[19:49.160 --> 19:56.160] As soon as they make the claim, you make the counterclaim against them immediately.
[19:56.160 --> 19:58.160] File it within 30 days.
[19:58.160 --> 20:00.160] Because here's the rule of thumb.
[20:00.160 --> 20:12.160] Soon as you are charged with a ticket, you have 30 days to answer that claim that they have made against you that you got this ticket, right?
[20:12.160 --> 20:17.160] But they always said it later than 30 days that you have to go to court.
[20:17.160 --> 20:21.160] So, technically, 30 days, you didn't answer that.
[20:21.160 --> 20:22.160] Wait, wait, wait.
[20:22.160 --> 20:23.160] It's always 10 days.
[20:23.160 --> 20:27.160] The statute requires at least 10 days.
[20:27.160 --> 20:29.160] But the statute doesn't...
[20:29.160 --> 20:33.160] Here's kind of the crux of the issue, though.
[20:33.160 --> 20:41.160] They're kind of mixing like common law and criminal law and maritime law and all these...
[20:41.160 --> 20:42.160] No, no, no, no, no.
[20:42.160 --> 20:43.160] Wait, wait, wait.
[20:43.160 --> 20:49.160] What we're mixing here is the Code of Criminal Procedure and the Rules of Civil Procedure.
[20:49.160 --> 20:53.160] The Rules of Civil Procedure give you 30 days to respond.
[20:53.160 --> 21:01.160] But the Code of Criminal Procedure doesn't address a response at all because it doesn't require a response.
[21:01.160 --> 21:03.160] Well, Steve, now we got a...
[21:03.160 --> 21:06.160] As far as I can tell, there is no time limit.
[21:06.160 --> 21:16.160] Well, Steve, but here's the deal because according to federal, all cases are civil.
[21:16.160 --> 21:22.160] You take every criminal case and it's supposedly civil in nature.
[21:22.160 --> 21:23.160] Yeah.
[21:23.160 --> 21:36.160] Well, where they're going is a criminal case, the Code of Criminal Procedure is a subset of the Rules of Civil Procedure.
[21:36.160 --> 21:45.160] And thereby, anything that's not specifically covered in the Code of Criminal Procedure would revert back to the Rules of Civil Procedure.
[21:45.160 --> 21:49.160] So Code of Criminal Procedure doesn't address everything.
[21:49.160 --> 21:51.160] It doesn't tell you how to file a motion.
[21:51.160 --> 21:54.160] It doesn't tell you how a motion to be structured.
[21:54.160 --> 21:57.160] It's all kind of stuff that's not in the Code of Criminal Procedure.
[21:57.160 --> 22:00.160] And so that'll go back to civil.
[22:00.160 --> 22:05.160] That's how they're saying that they're all essentially civil.
[22:05.160 --> 22:07.160] Civil is precedent.
[22:07.160 --> 22:22.160] So if we run on that assumption then 30 days, if you do not answer the complaint that they filed against you by counterclaim, blah, blah, blah, then now you're in default.
[22:22.160 --> 22:29.160] Well, once you're in default, you're always in a defensive position trying to defend your way out of this case.
[22:29.160 --> 22:43.160] And now you have a problem because what you're not addressing is they're violating your rights because they have usurped your rights by their constitutional limitations.
[22:43.160 --> 22:52.160] And now you need to assert your rights by going as a plaintiff and suing.
[22:52.160 --> 23:01.160] That's why I have filed a $33 million lawsuit against the Rockwell County Judge the other day, just this last week.
[23:01.160 --> 23:19.160] And I'm fixing to put one on the Dallas County Judge for $66 million Monday morning for violating the Brady policy because they don't even have the mandatory training to have these officers out there
[23:19.160 --> 23:22.160] and already had the FOIA request answered.
[23:22.160 --> 23:27.160] So I already have the answers because they don't even have anything.
[23:27.160 --> 23:29.160] They don't have nothing.
[23:29.160 --> 23:35.160] So all goes back to the whole thing was a complete setup.
[23:35.160 --> 23:36.160] It is so sweet.
[23:36.160 --> 23:38.160] It is like butter.
[23:38.160 --> 23:39.160] Okay.
[23:39.160 --> 23:40.160] And this is – okay.
[23:40.160 --> 23:45.160] You have – you've got my attention.
[23:45.160 --> 23:49.160] This sounds like great fun.
[23:49.160 --> 23:54.160] I am putting together a set of pleadings for traffic tickets.
[23:54.160 --> 24:02.160] And, you know, Scott, we've been making accusations against the officer and against the –
[24:02.160 --> 24:03.160] Now, I'm not worried –
[24:03.160 --> 24:04.160] – the jurisdiction, so –
[24:04.160 --> 24:10.160] I'm going after the county judges because they are the ones that are allowing –
[24:10.160 --> 24:11.160] I got that.
[24:11.160 --> 24:12.160] I got that.
[24:12.160 --> 24:14.160] We're going to go back us.
[24:14.160 --> 24:16.160] We're talking about how.
[24:16.160 --> 24:25.160] And the idea of immediately filing a counterclaim in the criminal case,
[24:25.160 --> 24:30.160] unless I can find some law that prevents it.
[24:30.160 --> 24:34.160] You know, anytime somebody comes after me in the courts,
[24:34.160 --> 24:40.160] I tend to have the right to raise issues against them.
[24:40.160 --> 24:48.160] I don't remember seeing anything in the code that prevented me from doing that in a criminal case.
[24:48.160 --> 24:55.160] And this is part of the problems that everybody who deals in these areas have,
[24:55.160 --> 24:59.160] the judges and the prosecutors and the lawyers.
[24:59.160 --> 25:04.160] They do things the way people have always done things.
[25:04.160 --> 25:11.160] And some things are so entrenched that we don't question them.
[25:11.160 --> 25:17.160] It's hard sometimes to find those places where I should ask a question and I haven't.
[25:17.160 --> 25:20.160] Now you made me feel stupid.
[25:20.160 --> 25:23.160] And I bet you feel bad about that, don't you?
[25:23.160 --> 25:26.160] Well, no, I don't, because I love you, man.
[25:26.160 --> 25:31.160] You have been a big inspiration and a huge help to me, man.
[25:31.160 --> 25:35.160] I just don't know. I mean, you taught me how to write some of this stuff.
[25:35.160 --> 25:39.160] This is the part I like the best,
[25:39.160 --> 25:45.160] when I find myself realizing something I've been doing the whole time
[25:45.160 --> 25:50.160] and hadn't considered the ramifications of what I was doing.
[25:50.160 --> 25:53.160] So this is great. This is great.
[25:53.160 --> 26:02.160] Okay, so we start making the claim immediately, and how are they going to fight against it?
[26:02.160 --> 26:04.160] Well, here's the thing.
[26:04.160 --> 26:08.160] I mean, did you even hear some of the things I was saying?
[26:08.160 --> 26:12.160] I don't know. Your microphone is pretty damn powerful.
[26:12.160 --> 26:16.160] I was telling you, I love you, man. You taught me how to write.
[26:16.160 --> 26:18.160] You did a lot of shit for me.
[26:18.160 --> 26:23.160] I'm sorry. You did a lot of things for me.
[26:23.160 --> 26:28.160] You know, I've learned so much.
[26:28.160 --> 26:33.160] I mean, I've gone on a huge, huge learning curve.
[26:33.160 --> 26:38.160] And once we found this, this is the whole crux of the issue,
[26:38.160 --> 26:47.160] is all this comes down to the lack of training from the prosecutors to the cops.
[26:47.160 --> 26:52.160] The cops are being used as skinny pigs at the expense of the county courts
[26:52.160 --> 26:58.160] and the commissioners and the judges, and nobody's holding these people accountable.
[26:58.160 --> 27:01.160] And guess what?
[27:01.160 --> 27:10.160] It's time everybody figured out what is going on and started doing something about it.
[27:10.160 --> 27:15.160] Well, good. And this would be a good approach.
[27:15.160 --> 27:22.160] I'm building a set of pleadings that you can, once I have it worked out,
[27:22.160 --> 27:27.160] I've been working on the technology for quite a while, and I've got most of the technology down,
[27:27.160 --> 27:30.160] where you go on and fill out this questionnaire,
[27:30.160 --> 27:37.160] and then the system will start spitting out all the documents that are indicated.
[27:37.160 --> 27:47.160] And I intend that this system be pedantic in that it spits out everything.
[27:47.160 --> 27:53.160] It doesn't miss anything. Bar grievances, judicial conduct complaints.
[27:53.160 --> 28:01.160] I found the T-CLOS, the Texas Commission on Law Enforcement complaint forms,
[28:01.160 --> 28:08.160] and I'll integrate those into the system so as you answer the questions,
[28:08.160 --> 28:15.160] if an officer, like I was going through intoxication offenses,
[28:15.160 --> 28:28.160] and the first paragraph says that if you are in a public place and you are intoxicated, it is a crime.
[28:28.160 --> 28:34.160] But then it goes on to define a public place.
[28:34.160 --> 28:53.160] A public place under this statute is a facility licensed to sell alcoholic beverages, period.
[28:53.160 --> 28:58.160] That's it. It's the only place you can get public intox.
[28:58.160 --> 29:02.160] If you're in a beer joint or convenience store and you're drunk.
[29:02.160 --> 29:03.160] Right, right.
[29:03.160 --> 29:10.160] Out on the street, in your yard, those are public places.
[29:10.160 --> 29:20.160] So if the police officer arrests you in a generally public place for public intoxication,
[29:20.160 --> 29:25.160] but it's not a location that's authorized to sell alcoholic beverages,
[29:25.160 --> 29:31.160] that gets false arrest against the officer, a T-CLOS complaint against the officer,
[29:31.160 --> 29:36.160] tampering with the government document if you wrote out the criminal complaint,
[29:36.160 --> 29:42.160] stating that you were in a public place, you're stealing these guys good.
[29:42.160 --> 29:45.160] All right. Well, I've got one case in point I want to point out.
[29:45.160 --> 29:48.160] Yeah, but you can't get to it because we're out of time.
[29:48.160 --> 29:50.160] Hang on. What?
[29:50.160 --> 29:52.160] Break. Ready, Kelton?
[29:52.160 --> 30:03.160] We'll be right back.
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[33:16.160 --> 33:18.160] Okay, we are back.
[33:18.160 --> 33:21.160] We're in the Calhoun, Rule of Law Radio.
[33:21.160 --> 33:27.160] And over the break, I did a search for counterclaim in a criminal case
[33:27.160 --> 33:33.160] and got some lawyer, Denise Carter, that answered the question
[33:33.160 --> 33:37.160] that said you cannot file a counterclaim in a criminal case.
[33:37.160 --> 33:39.160] But she didn't give any law to support that.
[33:39.160 --> 33:42.160] She just said it.
[33:42.160 --> 33:43.160] And did you give...
[33:43.160 --> 33:44.160] Wait, wait, wait, wait.
[33:44.160 --> 33:54.160] Did you just say that an attorney gave you his opinion about a counterclaim?
[33:54.160 --> 33:58.160] This is just a response to a law.
[33:58.160 --> 34:02.160] Which is an attorney's opinion, though, is that how that's the question?
[34:02.160 --> 34:04.160] Yes, yes, it's an attorney's opinion.
[34:04.160 --> 34:09.160] Oh, that doesn't rise to the level of law, though, does it?
[34:09.160 --> 34:13.160] That doesn't rise to the level of anything.
[34:13.160 --> 34:16.160] Because she stated it out of her own mouth.
[34:16.160 --> 34:19.160] She didn't state it out of any case law or anything.
[34:19.160 --> 34:22.160] So my question to her would be, where did you get that?
[34:22.160 --> 34:24.160] Did you just make it up?
[34:24.160 --> 34:27.160] Yeah, well, that's your opinion, though.
[34:27.160 --> 34:28.160] Well, guess what?
[34:28.160 --> 34:30.160] I got an opinion, too.
[34:30.160 --> 34:32.160] Yours sucks.
[34:32.160 --> 34:36.160] Yeah, well, that was my point, that she didn't give any support.
[34:36.160 --> 34:42.160] And it could be that she was saying that the same way I was saying that.
[34:42.160 --> 34:44.160] Well, I just said that.
[34:44.160 --> 34:46.160] I just said, who the hell are you?
[34:46.160 --> 34:49.160] Tell me your opinion better than mine.
[34:49.160 --> 34:53.160] My point is, she was saying that not because it's law,
[34:53.160 --> 34:58.160] but because it's the way things were always done and she never questioned it.
[34:58.160 --> 35:00.160] Well, I just did.
[35:00.160 --> 35:02.160] It's time to question it.
[35:02.160 --> 35:04.160] Well, I just did.
[35:04.160 --> 35:06.160] Yeah, but you didn't...
[35:06.160 --> 35:11.160] Just questioning out in the air is irrelevant.
[35:11.160 --> 35:15.160] Questioning it through the courts, that's relevant.
[35:15.160 --> 35:18.160] Well, before a court.
[35:18.160 --> 35:20.160] Well, you're doing that.
[35:20.160 --> 35:22.160] Well, I'll get that answer,
[35:22.160 --> 35:27.160] because I've got a friend going to court here next month,
[35:27.160 --> 35:32.160] and we'll prepare a counterclaim and see how they dance with it.
[35:32.160 --> 35:40.160] Well, I've already got several all over North Texas.
[35:40.160 --> 35:42.160] Well, you're doing good.
[35:42.160 --> 35:46.160] When you file civil suits, it really makes a difference.
[35:46.160 --> 35:50.160] About 11 or 12 years ago,
[35:50.160 --> 35:55.160] I filed an $11 million lawsuit against Denton County.
[35:55.160 --> 36:01.160] Brandy, I got my fourth civil suit right now,
[36:01.160 --> 36:07.160] and I'm filing my fifth Monday morning against Dallas County Clay Jenkins.
[36:07.160 --> 36:08.160] I got that.
[36:08.160 --> 36:09.160] You said that already.
[36:09.160 --> 36:10.160] We got that.
[36:10.160 --> 36:12.160] You're filing a lot of good ones.
[36:12.160 --> 36:15.160] How many federal suits do you have so far?
[36:15.160 --> 36:17.160] All of them are federal.
[36:17.160 --> 36:20.160] Oh, wonderful.
[36:20.160 --> 36:21.160] Okay, let me...
[36:21.160 --> 36:27.160] I was telling you how effective these are, even if you don't win.
[36:27.160 --> 36:31.160] I sued Denton County for $11 million about 12 years ago.
[36:31.160 --> 36:34.160] I named 24 litigants.
[36:34.160 --> 36:39.160] I accused each litigant of following policy.
[36:39.160 --> 36:42.160] And in the first hearing,
[36:42.160 --> 36:46.160] the lawyer got all the litigants to deny all accusations by Kelvin.
[36:46.160 --> 36:50.160] And I told the judge, that's perjury,
[36:50.160 --> 36:55.160] because all of the accusations I made are matters of public record.
[36:55.160 --> 37:00.160] And for them to deny them, that's aggravated perjury.
[37:00.160 --> 37:03.160] And it wasn't my intent to harm anyone.
[37:03.160 --> 37:05.160] I wanted to get law changed.
[37:05.160 --> 37:07.160] But if I pursue this case,
[37:07.160 --> 37:10.160] I'm going to have to file aggravated perjury against every one of them.
[37:10.160 --> 37:14.160] So I want you to tell that lawyer over there to instruct these people
[37:14.160 --> 37:20.160] to withdraw their answer and file one that's not perjurious.
[37:20.160 --> 37:24.160] And the judge said here, Mr. Kelvin, I don't have that authority.
[37:24.160 --> 37:28.160] I said, well, I promised one of these litigants that I wouldn't allow this to harm her,
[37:28.160 --> 37:34.160] so I have no option but to non-suit this case.
[37:34.160 --> 37:37.160] So I filed a $11 million lawsuit.
[37:37.160 --> 37:40.160] First hearing, I non-suited.
[37:40.160 --> 37:43.160] Just a couple of weeks ago, I met a friend of mine
[37:43.160 --> 37:49.160] who just got a job at the Wise County Sheriff's Department in the jail.
[37:49.160 --> 37:51.160] But before she could go to work in the jail,
[37:51.160 --> 37:58.160] she had to take a course on how to handle difficult people in Denton County.
[37:58.160 --> 38:04.160] And they used someone as an example of a difficult person to handle.
[38:04.160 --> 38:07.160] That person was me.
[38:07.160 --> 38:12.160] And that's over a suit that I dropped almost immediately.
[38:12.160 --> 38:18.160] You've got to know, these suits really get their attention.
[38:18.160 --> 38:21.160] Well, here's the thing I want to tell everybody.
[38:21.160 --> 38:27.160] Immediately, as soon as they get a ticket, no matter what,
[38:27.160 --> 38:31.160] follow a counterclaim against that ticket,
[38:31.160 --> 38:35.160] and you're going to have to be prepared to go to court and do all that stuff.
[38:35.160 --> 38:39.160] But fight this crap, and because the whole thing,
[38:39.160 --> 38:44.160] it's all being funded because everybody just rolls over.
[38:44.160 --> 38:51.160] You know, here's a paradigm that a lot of people should think about really seriously.
[38:51.160 --> 38:55.160] Why is the 99% ruled by the 1%?
[38:55.160 --> 39:04.160] Well, let's just look at what is the average conviction, the traffic conviction rate, 99.6%.
[39:04.160 --> 39:09.160] And we wonder why the 99% is ruled by the 1%.
[39:09.160 --> 39:12.160] Look at traffic.
[39:12.160 --> 39:20.160] It's always been that way, and it probably always will be that way.
[39:20.160 --> 39:22.160] Is that a scary thought?
[39:22.160 --> 39:25.160] No, it's kind of normal.
[39:25.160 --> 39:31.160] The thing that's reassuring is that the 1%, like you,
[39:31.160 --> 39:36.160] can march through these guys and work them over.
[39:36.160 --> 39:43.160] And the 1% can make changes and adjustments.
[39:43.160 --> 39:47.160] It's been this way forever, and we've been able to...
[39:47.160 --> 39:53.160] The standard, Randy, Randy, Randy, Randy, we're setting the community standard.
[39:53.160 --> 39:57.160] Yes.
[39:57.160 --> 39:58.160] We set the standard.
[39:58.160 --> 40:08.160] The 1% will do it, and we're 1% addressing this particular area.
[40:08.160 --> 40:14.160] We have some other 1%ers addressing other areas.
[40:14.160 --> 40:21.160] Everybody is the 1%er in the area that's most important to them.
[40:21.160 --> 40:30.160] And we can't expect everybody to hold our values as important to them as we hold them to us.
[40:30.160 --> 40:36.160] So we shouldn't get frustrated that people have other focuses.
[40:36.160 --> 40:45.160] What, is your freedom, and I don't know, I just don't get where anybody could consider there less than their freedom
[40:45.160 --> 40:49.160] and anything else less than that.
[40:49.160 --> 40:52.160] I got three kids.
[40:52.160 --> 40:54.160] My wife works two jobs.
[40:54.160 --> 40:56.160] I work a job and a half.
[40:56.160 --> 41:03.160] It's all I can do to keep my bills paid and try to keep from getting fired from my job.
[41:03.160 --> 41:06.160] I got all I can handle.
[41:06.160 --> 41:08.160] You're self-employed.
[41:08.160 --> 41:11.160] No, I'm giving you an example.
[41:11.160 --> 41:16.160] People have their own issues they have to deal with.
[41:16.160 --> 41:26.160] There's a few of us that have the luxury of being able to stand up for what we believe in.
[41:26.160 --> 41:33.160] No, it's the slave mentality, and if you want to stay a part of the slave mentality,
[41:33.160 --> 41:42.160] which is the paradigm that has been in place for generations, it's time to break the chain.
[41:42.160 --> 41:52.160] And if people don't want to accept that, they have to realize people will fucking make, I'm sorry, people will make happen.
[41:52.160 --> 42:02.160] We'll suffer. Those who don't will suffer, but judge not that ye be not judged there, Bubba.
[42:02.160 --> 42:07.160] Let's leave everybody to their own issues.
[42:07.160 --> 42:09.160] This is what the show is about.
[42:09.160 --> 42:13.160] I'm trying to find those who can step up and who are willing to step up,
[42:13.160 --> 42:20.160] but I certainly don't hold any grudge against those who aren't able to.
[42:20.160 --> 42:24.160] When they get in a position where they can, they'll step on up.
[42:24.160 --> 42:26.160] Brandy, you are the mentor.
[42:26.160 --> 42:37.160] You're part of the mentor generation that gives some of the guidance and some of the creation and thought that goes into this.
[42:37.160 --> 42:45.160] And then the people are going to have to step up and make the, you know, understand what the changes are.
[42:45.160 --> 42:55.160] And now that we figure out how to put all this into place, it's not that hard anymore.
[42:55.160 --> 43:00.160] We know what their jobs are. We know what they're supposed to do.
[43:00.160 --> 43:07.160] And, you know, we know how to start putting our voice into place.
[43:07.160 --> 43:13.160] Even jobs start to make it, even, you know, don't underestimate the people.
[43:13.160 --> 43:16.160] They cannot underestimate the people no more.
[43:16.160 --> 43:19.160] We are not stupid.
[43:19.160 --> 43:31.160] Right. How many people does Rockwall, Mesquite, Garland, people like you, do they need to get their attention?
[43:31.160 --> 43:34.160] I don't understand the question.
[43:34.160 --> 43:36.160] I think they only need one.
[43:36.160 --> 43:42.160] You've got their attention, and you will get policies changed.
[43:42.160 --> 43:48.160] These guys don't like having to defend federal lawsuits.
[43:48.160 --> 43:51.160] And that will get them to change their positions.
[43:51.160 --> 43:55.160] My suit was only a state lawsuit.
[43:55.160 --> 44:02.160] And now they use me as an example of a difficult person to deal with.
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[44:37.160 --> 44:43.160] That's 512-264-4043, naturespureorganics.com.
[44:43.160 --> 44:47.160] Don't forget to like us on Facebook for information on events and our products.
[44:47.160 --> 45:01.160] Naturespureorganics.com.
[45:01.160 --> 45:04.160] Are you the plaintiff or defendant in a lawsuit?
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[45:39.160 --> 45:43.160] about the principles and practices that control our American courts.
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[46:15.160 --> 46:29.160] Okay, we are back.
[46:29.160 --> 46:31.160] Randy Kelton, Rule of Law Radio.
[46:31.160 --> 46:32.160] We're talking to Scott in Texas.
[46:32.160 --> 46:34.160] Scott, we need to move on.
[46:34.160 --> 46:38.160] Enough of this mutual admirer society.
[46:38.160 --> 46:41.160] I've got a full board of callers.
[46:41.160 --> 46:43.160] But keep us up to date.
[46:43.160 --> 46:46.160] Now, how many did you file this week?
[46:46.160 --> 46:48.160] How many suits?
[46:48.160 --> 46:56.160] Well, like I say, y'all can go to my YouTube channel on Staffoo Radio and check it out.
[46:56.160 --> 47:04.160] And I've got some stuff on there and some good videos you can listen to about
[47:04.160 --> 47:09.160] setting the community standard and things about like that.
[47:09.160 --> 47:14.160] But other than that, have a good evening.
[47:14.160 --> 47:15.160] Okay.
[47:15.160 --> 47:16.160] Thank you, Scott.
[47:16.160 --> 47:19.160] Now we're going to go to Paul in Texas.
[47:19.160 --> 47:21.160] Hello, Paul.
[47:21.160 --> 47:22.160] Hello, Randy.
[47:22.160 --> 47:23.160] How are you tonight?
[47:23.160 --> 47:25.160] I am good.
[47:25.160 --> 47:31.160] We got a new ruling from the Fifth Circuit that says we can videotape our cops.
[47:31.160 --> 47:35.160] That means we can videotape the courts.
[47:35.160 --> 47:37.160] Well, fantastic.
[47:37.160 --> 47:43.160] Randy, what I would like to talk to you about tonight is a topic that I don't think you
[47:43.160 --> 47:46.160] discuss very often.
[47:46.160 --> 48:01.160] We filed a private trust transferring the title of 30 acres of land in Hill County, Texas.
[48:01.160 --> 48:11.160] And we filed this 10-page deed on the 7th of January of this year.
[48:11.160 --> 48:22.160] And we inadvertently, we did not include an address for the new trust that we created.
[48:22.160 --> 48:29.160] And so the Hill County, and this is probably a real simple question,
[48:29.160 --> 48:37.160] the Hill County Appraisal District mailed us a letter and is asking us to correct this
[48:37.160 --> 48:38.160] deed.
[48:38.160 --> 48:44.160] And I guess my first question is, do we need to file a new deed?
[48:44.160 --> 48:45.160] Can we file?
[48:45.160 --> 48:46.160] No, yeah.
[48:46.160 --> 48:54.160] File a new deed and just title it corrected deed and reference the original deed that
[48:54.160 --> 49:00.160] you filed by the number that the clerk gave the document.
[49:00.160 --> 49:11.160] And note that the deed was filed inadvertently without a trust address and said the lack
[49:11.160 --> 49:15.160] of address is corrected by this filing.
[49:15.160 --> 49:21.160] Just something so a reasonable person of ordinary prudence can read it and understand that this
[49:21.160 --> 49:32.160] does not change the substance of the original, we'll do quiet title or a quick claim.
[49:32.160 --> 49:37.160] It merely adds an address, that's all.
[49:37.160 --> 49:44.160] You need to do it that way so that the date of filing stays the date that this document
[49:44.160 --> 49:46.160] was originally filed.
[49:46.160 --> 49:50.160] Understood, understood.
[49:50.160 --> 50:01.160] As I mentioned, we filed a 10-page document and they put a little bar-coded stamp, or
[50:01.160 --> 50:07.160] it's actually a peel-off label, so they attached it to the document, the original document
[50:07.160 --> 50:08.160] that we filed.
[50:08.160 --> 50:18.160] And it clearly says 10 pages, including page 9 is Schedule A, is the legal description.
[50:18.160 --> 50:25.160] Well, the letter that they sent us said that we didn't include a legal description.
[50:25.160 --> 50:31.160] I'm just curious why this is such a...
[50:31.160 --> 50:39.160] Okay, did you not, was it a mailing address that was not included?
[50:39.160 --> 50:40.160] Correct.
[50:40.160 --> 50:44.160] That's one issue that they addressed in the letter.
[50:44.160 --> 50:49.160] You got clerks there and they screw things up.
[50:49.160 --> 50:53.160] That's not going to be something that's very important.
[50:53.160 --> 50:58.160] Here's the deal about something filed in the record.
[50:58.160 --> 51:05.160] Anything filed in the record is presumed to be regular until it's challenged.
[51:05.160 --> 51:09.160] Well, the clerk can't challenge it.
[51:09.160 --> 51:13.160] What the clerk can do is ask you to correct an error and that's all.
[51:13.160 --> 51:20.160] And if the clerk goofed up on what she asked you, they might have told whoever wrote this
[51:20.160 --> 51:23.160] letter that you didn't have an address.
[51:23.160 --> 51:31.160] And what mostly happens, error-wise, is people forget to put the property description.
[51:31.160 --> 51:37.160] So she might have just mixed up which one she was supposed to request.
[51:37.160 --> 51:42.160] But as to something legal, there's nothing legal implicated there.
[51:42.160 --> 51:45.160] Okay, understood, understood.
[51:45.160 --> 51:51.160] I sent you an email almost a year ago or at least nine or ten months ago.
[51:51.160 --> 52:01.160] You had mentioned someone I think at Austin, Barry Watson, as being a private trust guru.
[52:01.160 --> 52:04.160] Yes, he is my trust guy.
[52:04.160 --> 52:05.160] Okay.
[52:05.160 --> 52:10.160] If I can get him to put that guitar down.
[52:10.160 --> 52:19.160] You indicated that you had forwarded my contact information and I never heard back from Barry.
[52:19.160 --> 52:23.160] So I was wondering if he's still...
[52:23.160 --> 52:24.160] Yeah, he's still around.
[52:24.160 --> 52:32.160] If you will send me another one, I will send him one and chastise him severely.
[52:32.160 --> 52:37.160] Maybe you can get him to donate to your beer fund.
[52:37.160 --> 52:38.160] Maybe I can.
[52:38.160 --> 52:40.160] Barry is really good people.
[52:40.160 --> 52:49.160] He's my trust guy and he's also the most knowledgeable guy on income tax law that I have ever come across.
[52:49.160 --> 52:51.160] Well, fantastic.
[52:51.160 --> 52:59.160] He was a 20-year Los Angeles police officer and now he's a country western singer.
[52:59.160 --> 53:00.160] My goodness.
[53:00.160 --> 53:01.160] Interesting guy.
[53:01.160 --> 53:03.160] Fantastic.
[53:03.160 --> 53:08.160] Probably one of the nicest human beings you'll ever encounter.
[53:08.160 --> 53:11.160] Well, I look forward to talking with him.
[53:11.160 --> 53:12.160] Okay.
[53:12.160 --> 53:13.160] Send me another email.
[53:13.160 --> 53:15.160] I'll forward it to him.
[53:15.160 --> 53:16.160] Thanks, Randy.
[53:16.160 --> 53:17.160] Appreciate what you do.
[53:17.160 --> 53:18.160] Alrighty.
[53:18.160 --> 53:19.160] Okay.
[53:19.160 --> 53:20.160] Good night.
[53:20.160 --> 53:27.160] Now we're going to go to Randy in Texas.
[53:27.160 --> 53:28.160] Hello, Randy.
[53:28.160 --> 53:29.160] This is Randy.
[53:29.160 --> 53:30.160] Hi, Randy.
[53:30.160 --> 53:31.160] Hi, Randy.
[53:31.160 --> 53:34.160] Okay.
[53:34.160 --> 53:35.160] We're both Randy.
[53:35.160 --> 53:41.160] You know, we never told my mother what that meant.
[53:41.160 --> 53:46.160] Anyway, okay, what do you have for us today?
[53:46.160 --> 53:55.160] I'm giving you a call about that traffic ticket back in 2010 and, you know, went, bounced,
[53:55.160 --> 53:59.160] followed it to Mirror because it's up in Oklahoma.
[53:59.160 --> 54:02.160] And it went round and round and they kept sending me stuff.
[54:02.160 --> 54:04.160] They wouldn't, they just wouldn't do anything.
[54:04.160 --> 54:07.160] And they finally just went silent on it.
[54:07.160 --> 54:15.160] And then about two years ago, went in to get my license renewed and I found out that they
[54:15.160 --> 54:23.160] had gone to the Texas DPS, I guess, and held a hearing or something like that and had the
[54:23.160 --> 54:29.160] license suspended, although I never was noticed of anything.
[54:29.160 --> 54:37.160] And so the other day I got a letter from them or something in the mail and it says traffic
[54:37.160 --> 54:38.160] docket.
[54:38.160 --> 54:45.160] And it gives a date and a time and it gives a list of, it says the clerk's name and the
[54:45.160 --> 54:46.160] judge's name.
[54:46.160 --> 54:48.160] And then there's a list of people.
[54:48.160 --> 54:56.160] And I'm on this list and it says pay or appear.
[54:56.160 --> 55:00.160] And I'm, you know, I'm just like, why in the world am I getting this?
[55:00.160 --> 55:02.160] It doesn't have a court seal.
[55:02.160 --> 55:03.160] It has no signature.
[55:03.160 --> 55:07.160] It doesn't have anything saying what it is.
[55:07.160 --> 55:13.160] Just a list of basically, I guess, what they want you to think of as a docket and you're
[55:13.160 --> 55:15.160] supposed to show up.
[55:15.160 --> 55:28.160] Well, I'm not, I don't have a detailed knowledge of Oklahoma traffic code, but their criminal
[55:28.160 --> 55:34.160] code is almost certainly going to be very similar to Texas.
[55:34.160 --> 55:41.160] And the first thing I would want to do is look in Oklahoma law and see what the statute
[55:41.160 --> 55:43.160] of limitations is.
[55:43.160 --> 55:48.160] Does Oklahoma law have a speedy trial act?
[55:48.160 --> 55:51.160] In Texas, it's been struck down.
[55:51.160 --> 55:55.160] So they act like the right doesn't exist.
[55:55.160 --> 55:59.160] So the first thing I would want to claim is the right.
[55:59.160 --> 56:05.160] If there has been a final adjudication in your case, you need to check and see if there
[56:05.160 --> 56:08.160] was a determination of guilt.
[56:08.160 --> 56:15.160] If there has been a determination of guilt, the court lacks plenary jurisdiction.
[56:15.160 --> 56:19.160] They cannot summon you to court.
[56:19.160 --> 56:21.160] Well, it's not even a summons.
[56:21.160 --> 56:23.160] It's just a list.
[56:23.160 --> 56:31.160] Well, it's a notice to appear, so you should treat it as a summons.
[56:31.160 --> 56:35.160] Well, no, that's what I was intending to do, but I don't think it's a proper summons.
[56:35.160 --> 56:38.160] I don't think it would meet their legal standards for fun.
[56:38.160 --> 56:39.160] That's true.
[56:39.160 --> 56:46.160] But if it walks like a duck and it quacks duck, hold them responsible for it.
[56:46.160 --> 56:51.160] If it is a summons and it doesn't tell you why you're being summoned, it's insufficient
[56:51.160 --> 56:54.160] on its face.
[56:54.160 --> 57:01.160] So the first thing I'd want to do is file a motion for clarification.
[57:01.160 --> 57:12.160] But contact the court and find out if there has been a determination of guilt in the case.
[57:12.160 --> 57:15.160] Will the clerk tell me that you think?
[57:15.160 --> 57:17.160] Yeah, yeah.
[57:17.160 --> 57:21.160] You tell her it's you, then you have a special interest.
[57:21.160 --> 57:22.160] Yes, she'll tell you what's in the case.
[57:22.160 --> 57:27.160] The clerk really doesn't have a dog in this hunt.
[57:27.160 --> 57:32.160] So they're generally pretty easy to get along with.
[57:32.160 --> 57:33.160] I think this one does.
[57:33.160 --> 57:34.160] But yeah.
[57:34.160 --> 57:42.160] Generally they don't, but that information is public and it may be available online.
[57:42.160 --> 57:45.160] But call up and find out if there's been a conviction.
[57:45.160 --> 57:49.160] You said before that you thought there was a conviction in the case.
[57:49.160 --> 57:54.160] Well, the only reason I think that is because they came to Texas under that, you know, what
[57:54.160 --> 58:01.160] do you call it, agreements between the states where, you know, if they do one thing...
[58:01.160 --> 58:02.160] Reciprocity.
[58:02.160 --> 58:03.160] Yeah.
[58:03.160 --> 58:10.160] Because, I mean, how could they get them to suspend something if they hadn't done something
[58:10.160 --> 58:11.160] over there?
[58:11.160 --> 58:16.160] Well, you still need to make sure of what's going on.
[58:16.160 --> 58:17.160] Right, okay.
[58:17.160 --> 58:19.160] They can do anything they want to.
[58:19.160 --> 58:21.160] They don't care what it is.
[58:21.160 --> 58:24.160] Well, that's pretty much what I think they've done.
[58:24.160 --> 58:25.160] I don't think they did anything.
[58:25.160 --> 58:28.160] I don't even, I doubt if they even had a hearing.
[58:28.160 --> 58:29.160] Okay, hang on.
[58:29.160 --> 58:30.160] About to go to break.
[58:30.160 --> 58:33.160] Randy Kelton, Wheel of Love Radio.
[58:33.160 --> 58:36.160] I'll call it number 512-646-1984.
[58:36.160 --> 58:37.160] This is the top of the hour.
[58:37.160 --> 58:42.160] So it's a good time to go to Logos Radio Network and check out our gun giveaway.
[58:42.160 --> 58:50.160] We'll be right back.
[58:50.160 --> 58:54.160] Would you like to make more definite progress in your walk with God?
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[58:59.160 --> 59:00.160] can really help.
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[59:05.160 --> 59:06.160] today.
[59:06.160 --> 59:10.160] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.160 --> 59:13.160] to know God and to know the meaning of life.
[59:13.160 --> 59:18.160] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.160 --> 59:23.160] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.160 --> 59:27.160] of salvation, growing in Christ and how to build up the Church.
[59:27.160 --> 59:33.160] To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:33.160 --> 59:40.160] Life, call Bibles for America toll free at 888-551-0102.
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[59:45.160 --> 59:50.160] Or visit us online at bfa.org.
[59:50.160 --> 01:00:00.160] Live, free speech radio, logosradionetwork.com.
[01:00:00.160 --> 01:00:07.160] The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:07.160 --> 01:00:14.160] bulletins for the commodity market, Today in History, News Updates, and the Inside Scoop
[01:00:14.160 --> 01:00:23.160] into the Tides of the Alternative.
[01:00:23.160 --> 01:00:28.160] Markets for Wednesday to 22nd of February 2017 are currently trading with gold at $1,237.21
[01:00:28.160 --> 01:00:36.160] an ounce, silver $18.01 an ounce, Texas crude $53.40 a barrel, and Bitcoin is still rising
[01:00:36.160 --> 01:00:45.160] sitting at about $1,130 U.S. currency.
[01:00:45.160 --> 01:00:51.160] Today in History, the year 1943, members of the White Rose Resistance, a nonviolent intellectual
[01:00:51.160 --> 01:00:55.160] resistance group in Nazi Germany led by a group of students and a professor at the University
[01:00:55.160 --> 01:01:00.160] of Munich that conducted an anonymous leaflet and graffiti campaign which called for active
[01:01:00.160 --> 01:01:06.160] opposition against the Nazi regime, started on June 27, 1942 and ending with the arrest
[01:01:06.160 --> 01:01:12.160] of the core group, Sophie Scholl, Hans Scholl, and Christoph Props by the Gustapo on February
[01:01:12.160 --> 01:01:14.160] 18 were executed.
[01:01:14.160 --> 01:01:19.160] Today in History.
[01:01:19.160 --> 01:01:24.160] In recent news, the Palestinian Badouin village of Gan Al-Amar near Jerusalem was raided by
[01:01:24.160 --> 01:01:29.160] Israeli defense forces on Sunday after Israeli's government issued a demolition order for the
[01:01:29.160 --> 01:01:30.160] Palestinian village.
[01:01:30.160 --> 01:01:34.160] The IDF imposed a military closure on dozens of structures, homes, and the only school in
[01:01:34.160 --> 01:01:39.160] the area giving residents just a few days until Thursday of this week to evacuate.
[01:01:39.160 --> 01:01:43.160] It's estimated that 40 Palestinian homes in the central West Bank community are targeted
[01:01:43.160 --> 01:01:44.160] for demolition.
[01:01:44.160 --> 01:01:49.160] In 2014, the United Nations Office for the Coordination of Humanitarian Affairs identified
[01:01:49.160 --> 01:01:54.160] the Gan Al-Amar village as one of the 46 settlements in the area that's at risk of forced relocation
[01:01:54.160 --> 01:01:55.160] by Israel.
[01:01:55.160 --> 01:01:58.160] Villagers were given construction termination warrants and will have a chance to present
[01:01:58.160 --> 01:02:00.160] their case during a hearing on Thursday.
[01:02:00.160 --> 01:02:04.160] Israeli officials maintain that the village was built illegally in the hotly disputed E1
[01:02:04.160 --> 01:02:14.160] corridor, which physically links East Jerusalem and the Mali Adumim settlement.
[01:02:14.160 --> 01:02:18.160] According to the Canadian Border Service Agency, more than 1,400 people have made claims at
[01:02:18.160 --> 01:02:23.160] land border ports of entry in the region since November, which is more in the last four months
[01:02:23.160 --> 01:02:25.160] than the entire year of 2015.
[01:02:25.160 --> 01:02:30.160] Apparently, the number of people seeking asylum has soared in the last year and spiked recently,
[01:02:30.160 --> 01:02:32.160] with Quebec seeing the greatest numbers.
[01:02:32.160 --> 01:02:36.160] Canadian authorities are saying that the migrants come from all over the world and ranging in
[01:02:36.160 --> 01:02:39.160] all ages, from parents with infants to the elderly.
[01:02:39.160 --> 01:02:43.160] Inspector Martin Roach of the Royal Canadian Mountain Police stated that since, quote,
[01:02:43.160 --> 01:02:47.160] they're not reporting to the open port of entry, they're being placed under arrest
[01:02:47.160 --> 01:02:50.160] and then interviewed to make sure there's no national security nexus.
[01:02:50.160 --> 01:03:15.160] This is Groot Brody with your Lowdown for February 22nd, 2017.
[01:03:15.160 --> 01:03:22.160] OK, we are back. Randy Kelkin, We Love Radio, and we're talking to Randy in Texas.
[01:03:22.160 --> 01:03:29.160] OK, Randy, so first thing, check to see if there's a conviction.
[01:03:29.160 --> 01:03:36.160] If there's not, then your case is too old to prosecute.
[01:03:36.160 --> 01:03:43.160] And in the meantime, I would file a motion for clarification.
[01:03:43.160 --> 01:03:49.160] Now, if I file this motion for clarification, I'd have to look at the old paperwork,
[01:03:49.160 --> 01:03:53.160] but they don't have the special appearance.
[01:03:53.160 --> 01:04:01.160] They've got some kind of a deal of the old demure type deal going there still.
[01:04:01.160 --> 01:04:04.160] Demure type deal?
[01:04:04.160 --> 01:04:10.160] Demure, you know.
[01:04:10.160 --> 01:04:17.160] And I forget how I had to word it, but it's like when we make a special appearance
[01:04:17.160 --> 01:04:22.160] through the paperwork to ask them what the heck they're doing.
[01:04:22.160 --> 01:04:25.160] Did they not respond to it?
[01:04:25.160 --> 01:04:26.160] I'm sorry?
[01:04:26.160 --> 01:04:29.160] Did they respond to your demure?
[01:04:29.160 --> 01:04:33.160] No, not at all. Never.
[01:04:33.160 --> 01:04:40.160] That's why they just, their response was to call me and send me threatening letters and say,
[01:04:40.160 --> 01:04:42.160] pay us.
[01:04:42.160 --> 01:04:45.160] We're going to turn you over to the state of Texas.
[01:04:45.160 --> 01:04:49.160] I don't know anything about the peculiarities of Oklahoma law,
[01:04:49.160 --> 01:04:53.160] so I really don't know how to address this for you.
[01:04:53.160 --> 01:04:55.160] Yeah.
[01:04:55.160 --> 01:04:56.160] Well, what I was getting at...
[01:04:56.160 --> 01:05:03.160] Even in judicial conduct, complain them, bar grieve their lawyers, just make their lives miserable.
[01:05:03.160 --> 01:05:05.160] All right.
[01:05:05.160 --> 01:05:09.160] Well, I guess what I'll do is I'll just kind of use that same kind of framework
[01:05:09.160 --> 01:05:14.160] and just state it as a motion for, what is it, clarification.
[01:05:14.160 --> 01:05:16.160] Clarification.
[01:05:16.160 --> 01:05:22.160] You're apparently being summoned, but you don't know why you're summoned.
[01:05:22.160 --> 01:05:24.160] Okay.
[01:05:24.160 --> 01:05:30.160] And I would assume that that would work as some type of an appearance to some degree.
[01:05:30.160 --> 01:05:32.160] Absolutely.
[01:05:32.160 --> 01:05:33.160] Yeah.
[01:05:33.160 --> 01:05:39.160] Certified letter, and you make appearance by mail.
[01:05:39.160 --> 01:05:40.160] All right.
[01:05:40.160 --> 01:05:41.160] I can do that.
[01:05:41.160 --> 01:05:48.160] And I guess when I talk to her, I guess I can find out, ask, find out.
[01:05:48.160 --> 01:05:51.160] I guess when I do this, I could go ahead and send them something
[01:05:51.160 --> 01:05:54.160] saying I want to find out how much, what have they got in their file,
[01:05:54.160 --> 01:05:56.160] and just get copies of it all.
[01:05:56.160 --> 01:05:57.160] Yes.
[01:05:57.160 --> 01:06:03.160] Charge me for it, and then maybe follow up with you,
[01:06:03.160 --> 01:06:05.160] once you figure out where they really are in this thing.
[01:06:05.160 --> 01:06:08.160] But I suspect what they did is they just played with it,
[01:06:08.160 --> 01:06:12.160] and then they just, they may or may not have done a conviction,
[01:06:12.160 --> 01:06:16.160] just decided to throw it in there, and then they turned around
[01:06:16.160 --> 01:06:19.160] and went to the administrative court here and said,
[01:06:19.160 --> 01:06:23.160] oh, he's been bad, he won't pay his ticket.
[01:06:23.160 --> 01:06:35.160] If they didn't have a conviction there, then you might file a JP suit here,
[01:06:35.160 --> 01:06:39.160] and let them remove it to the federal court.
[01:06:39.160 --> 01:06:41.160] Let them do it.
[01:06:41.160 --> 01:06:44.160] Yeah.
[01:06:44.160 --> 01:06:50.160] Or hire an attorney down here to answer your suit.
[01:06:50.160 --> 01:06:52.160] That would be fun.
[01:06:52.160 --> 01:06:53.160] Yeah, that's interesting.
[01:06:53.160 --> 01:06:56.160] I was thinking of the federal suit to have them,
[01:06:56.160 --> 01:07:00.160] force them to come here and answer or hire somebody.
[01:07:00.160 --> 01:07:03.160] But if you filed a federal suit directly,
[01:07:03.160 --> 01:07:06.160] then they'd have to hire an attorney here.
[01:07:06.160 --> 01:07:09.160] Right.
[01:07:09.160 --> 01:07:12.160] And I guess my damages, are they harassing me?
[01:07:12.160 --> 01:07:13.160] I don't know.
[01:07:13.160 --> 01:07:18.160] I don't know if they've filed against your license.
[01:07:18.160 --> 01:07:23.160] Didn't they deny you a professional license?
[01:07:23.160 --> 01:07:25.160] Ah, okay.
[01:07:25.160 --> 01:07:28.160] Even though I don't really need it, still.
[01:07:28.160 --> 01:07:30.160] You still have a right to it.
[01:07:30.160 --> 01:07:31.160] You applied for it.
[01:07:31.160 --> 01:07:33.160] You have the professional license.
[01:07:33.160 --> 01:07:40.160] Now you can't make a living as an Uber driver.
[01:07:40.160 --> 01:07:43.160] And I so wanted to do that too.
[01:07:43.160 --> 01:07:48.160] With your Uber career.
[01:07:48.160 --> 01:07:52.160] It's now not, it's an Uter career instead of an Uber career now.
[01:07:52.160 --> 01:07:54.160] It's a what career?
[01:07:54.160 --> 01:07:56.160] Uter.
[01:07:56.160 --> 01:07:57.160] Uter, what is it?
[01:07:57.160 --> 01:08:01.160] Uber is over and Uter is under.
[01:08:01.160 --> 01:08:02.160] It's lesser.
[01:08:02.160 --> 01:08:05.160] Oh, okay.
[01:08:05.160 --> 01:08:06.160] Okay.
[01:08:06.160 --> 01:08:07.160] Okay, well thanks a lot.
[01:08:07.160 --> 01:08:10.160] We've got a whole full board, so I'm going to move on.
[01:08:10.160 --> 01:08:11.160] All right.
[01:08:11.160 --> 01:08:12.160] Thank you.
[01:08:12.160 --> 01:08:13.160] Thank you, Randy.
[01:08:13.160 --> 01:08:16.160] Okay, now we're going to Linda in Texas.
[01:08:16.160 --> 01:08:18.160] Hello, Linda.
[01:08:18.160 --> 01:08:20.160] Hello.
[01:08:20.160 --> 01:08:23.160] I have a processing problem that I can't figure out.
[01:08:23.160 --> 01:08:31.160] I have a triple wide mobile home, and I sold the home rent to own to this,
[01:08:31.160 --> 01:08:36.160] the house was already on my land and they're buying just the house.
[01:08:36.160 --> 01:08:40.160] About a year ago I sold it to them, but since then they won't pay,
[01:08:40.160 --> 01:08:42.160] and they don't have insurance on it.
[01:08:42.160 --> 01:08:45.160] And I've talked to them so many times, I've been over with them,
[01:08:45.160 --> 01:08:48.160] because I'm sick of them, and I want to propose.
[01:08:48.160 --> 01:08:51.160] Do you have a contract with them?
[01:08:51.160 --> 01:08:56.160] I do, because whenever I sold it to them, I took it to the attorney,
[01:08:56.160 --> 01:09:00.160] and we got the contract all drawn out by the attorney,
[01:09:00.160 --> 01:09:02.160] and he charged, I think it was 850.
[01:09:02.160 --> 01:09:04.160] Okay, what is the...
[01:09:04.160 --> 01:09:06.160] I called him and asked him for help,
[01:09:06.160 --> 01:09:09.160] and he said that he doesn't want to go to court,
[01:09:09.160 --> 01:09:12.160] and he doesn't want to service his own work.
[01:09:12.160 --> 01:09:13.160] Don't worry about it.
[01:09:13.160 --> 01:09:15.160] This is pretty easy.
[01:09:15.160 --> 01:09:23.160] If you have a contract, you need to give them notice of default,
[01:09:23.160 --> 01:09:30.160] and give them 60, 90 days, whatever the contract says.
[01:09:30.160 --> 01:09:33.160] Give them notice and opportunity.
[01:09:33.160 --> 01:09:38.160] Give them a notice of default and how much they're behind,
[01:09:38.160 --> 01:09:43.160] and give them, say, 30 days to cure.
[01:09:43.160 --> 01:09:46.160] And then when they don't cure in 30 days,
[01:09:46.160 --> 01:09:52.160] then you give them a notice to vacate,
[01:09:52.160 --> 01:09:55.160] and give them 3 days to vacate.
[01:09:55.160 --> 01:09:58.160] That's the standard notice to vacate.
[01:09:58.160 --> 01:10:01.160] And when they ignore the notice to vacate,
[01:10:01.160 --> 01:10:08.160] then you file an action with the Justice of the Peace Court
[01:10:08.160 --> 01:10:14.160] asking the court to grant you...
[01:10:14.160 --> 01:10:16.160] asking the court to order them to...
[01:10:16.160 --> 01:10:17.160] No, wait a minute.
[01:10:17.160 --> 01:10:19.160] I'm saying this.
[01:10:19.160 --> 01:10:22.160] First, you have to foreclose,
[01:10:22.160 --> 01:10:27.160] and since you've them on contract,
[01:10:27.160 --> 01:10:36.160] this is a bit difficult because the laws changed in this regard a few years ago.
[01:10:36.160 --> 01:10:38.160] Two years ago?
[01:10:38.160 --> 01:10:41.160] Yeah, making it more difficult.
[01:10:41.160 --> 01:10:45.160] How long ago did you sell this to them on contract?
[01:10:45.160 --> 01:10:47.160] One year ago.
[01:10:47.160 --> 01:10:49.160] Okay.
[01:10:49.160 --> 01:10:54.160] And how long has it been since they paid you?
[01:10:54.160 --> 01:10:56.160] Well, they've now had insurance on the house,
[01:10:56.160 --> 01:10:58.160] which is a requirement.
[01:10:58.160 --> 01:11:01.160] And right now they...
[01:11:01.160 --> 01:11:02.160] Excuse me.
[01:11:02.160 --> 01:11:07.160] They owe me about $3,050.
[01:11:07.160 --> 01:11:12.160] How many months are they behind?
[01:11:12.160 --> 01:11:14.160] Like three.
[01:11:14.160 --> 01:11:19.160] Just put a notice to vacate on their door.
[01:11:19.160 --> 01:11:20.160] Okay.
[01:11:20.160 --> 01:11:23.160] Three day notice to vacate.
[01:11:23.160 --> 01:11:26.160] Do I have to call in the whole long?
[01:11:26.160 --> 01:11:27.160] No, no.
[01:11:27.160 --> 01:11:29.160] You can't really do that legally.
[01:11:29.160 --> 01:11:31.160] It doesn't have any legal force in effect,
[01:11:31.160 --> 01:11:36.160] but it scared a bejesus out of them.
[01:11:36.160 --> 01:11:41.160] I just had a friend here that a real estate agent did that to him,
[01:11:41.160 --> 01:11:43.160] and he was just terrified,
[01:11:43.160 --> 01:11:44.160] and he came to me and said,
[01:11:44.160 --> 01:11:47.160] I don't want to pay any attention to that.
[01:11:47.160 --> 01:11:49.160] But he didn't know that.
[01:11:49.160 --> 01:11:53.160] It may fix your issue.
[01:11:53.160 --> 01:11:57.160] Before I could say you can do this or you can do that,
[01:11:57.160 --> 01:12:01.160] I'd have to read the contract because I don't know what the contract says.
[01:12:01.160 --> 01:12:03.160] Since you had a lawyer make it up,
[01:12:03.160 --> 01:12:05.160] it probably has provision in there,
[01:12:05.160 --> 01:12:08.160] but I'd have to see the contract.
[01:12:08.160 --> 01:12:18.160] And I have someone here that I know who's up to date on rent to purchase.
[01:12:18.160 --> 01:12:22.160] The problem with rent to purchase is it can get real iffy,
[01:12:22.160 --> 01:12:24.160] and if you take the property back,
[01:12:24.160 --> 01:12:30.160] you may have to pay them back everything they paid you.
[01:12:30.160 --> 01:12:33.160] Well, they've destroyed the house.
[01:12:33.160 --> 01:12:35.160] It's all messed up.
[01:12:35.160 --> 01:12:40.160] They also have two really, really junky travel trailers parked on my land,
[01:12:40.160 --> 01:12:43.160] and they have like three cars that won't start,
[01:12:43.160 --> 01:12:45.160] and I keep telling them you have to clean up
[01:12:45.160 --> 01:12:48.160] because the whole property looks like a ghetto,
[01:12:48.160 --> 01:12:52.160] and they wouldn't pay for their trash pickups,
[01:12:52.160 --> 01:12:56.160] and there was garbage all over the place.
[01:12:56.160 --> 01:12:57.160] Okay, there are problems.
[01:12:57.160 --> 01:12:59.160] I get that part.
[01:12:59.160 --> 01:13:01.160] But in order to be able to tell you what you can do,
[01:13:01.160 --> 01:13:05.160] I'd have to see the contract.
[01:13:05.160 --> 01:13:07.160] You said you know somebody?
[01:13:07.160 --> 01:13:10.160] Yeah, I know somebody, but I'm in the Dallas-Fort Worth area.
[01:13:10.160 --> 01:13:11.160] I know someone here.
[01:13:11.160 --> 01:13:15.160] You're 210. That looks like San Antonio area.
[01:13:15.160 --> 01:13:16.160] Correct.
[01:13:16.160 --> 01:13:24.160] Okay, so but he can tell you if you will email me a copy of the contract,
[01:13:24.160 --> 01:13:28.160] I'll look it over and show it to David and see what he says,
[01:13:28.160 --> 01:13:33.160] and next week I'll have something that you can do.
[01:13:33.160 --> 01:13:34.160] Okay, awesome.
[01:13:34.160 --> 01:13:35.160] Thank you so much.
[01:13:35.160 --> 01:13:37.160] You are welcome.
[01:13:37.160 --> 01:13:40.160] Okay, now we're going to go to Rodney in Texas.
[01:13:40.160 --> 01:13:42.160] That'll Rodney.
[01:13:42.160 --> 01:13:44.160] Randy, how are you doing?
[01:13:44.160 --> 01:13:46.160] I'm doing good.
[01:13:46.160 --> 01:13:47.160] All right, all right.
[01:13:47.160 --> 01:13:49.160] Let me give you an update here.
[01:13:49.160 --> 01:13:51.160] Last time I spoke with you,
[01:13:51.160 --> 01:13:56.160] I told you about this attorney, court-appointed attorney.
[01:13:56.160 --> 01:14:00.160] They had lied to him, basically.
[01:14:00.160 --> 01:14:06.160] He hasn't fulfilled his obligation to represent my interests.
[01:14:06.160 --> 01:14:11.160] And so I followed some of your suggestions
[01:14:11.160 --> 01:14:17.160] and sent some information to the third court of appeal
[01:14:17.160 --> 01:14:20.160] who has been sending notices to this attorney
[01:14:20.160 --> 01:14:33.160] asking him to respond to their requests regarding destitute status on myself,
[01:14:33.160 --> 01:14:35.160] and he hasn't responded.
[01:14:35.160 --> 01:14:41.160] So what I did is a combination of your suggestion
[01:14:41.160 --> 01:14:44.160] and some stuff out of jurisdictionary.
[01:14:44.160 --> 01:14:50.160] I did a judicial notice to the third court of appeal,
[01:14:50.160 --> 01:14:55.160] basically giving them a timeline on when this attorney was appointed,
[01:14:55.160 --> 01:14:59.160] what he hasn't done, this, that, and the other,
[01:14:59.160 --> 01:15:02.160] and asked for a hearing.
[01:15:02.160 --> 01:15:10.160] I asked, I cited a couple of court cases and...
[01:15:10.160 --> 01:15:15.160] What did you ask the court to rule?
[01:15:15.160 --> 01:15:21.160] Sanctions and also a hearing so that I could have this attorney removed
[01:15:21.160 --> 01:15:26.160] and replaced with hopefully one that's competent.
[01:15:26.160 --> 01:15:31.160] And they haven't responded, and that's why I was calling to ask you
[01:15:31.160 --> 01:15:34.160] the last time I spoke with the clerk of the court,
[01:15:34.160 --> 01:15:40.160] they said that the judicial notice had been sent up to the chambers
[01:15:40.160 --> 01:15:46.160] and that they were aware of my judicial notice and they were reviewing it.
[01:15:46.160 --> 01:15:51.160] So since you have years of experience dealing with these people,
[01:15:51.160 --> 01:15:54.160] what would you say their mindset is
[01:15:54.160 --> 01:15:59.160] now that they're looking at this judicial notice that I sent to them?
[01:15:59.160 --> 01:16:03.160] This is what I think is happening.
[01:16:03.160 --> 01:16:06.160] The judges got your judicial notice and looked at it
[01:16:06.160 --> 01:16:10.160] and gave it to one of their clerks and said,
[01:16:10.160 --> 01:16:14.160] call this bozo and get him off the dime
[01:16:14.160 --> 01:16:18.160] so we don't have to drop the hammer on him.
[01:16:18.160 --> 01:16:22.160] And the clerk is going to contact the lawyer and tell him,
[01:16:22.160 --> 01:16:27.160] you better get off the dime or you're going to get the hammer dropped on you.
[01:16:27.160 --> 01:16:31.160] They're not going to want to issue sanctions against this lawyer
[01:16:31.160 --> 01:16:34.160] because they protect each other.
[01:16:34.160 --> 01:16:37.160] But almost certainly they'll contact this lawyer
[01:16:37.160 --> 01:16:40.160] and get him off the dime, get him busy.
[01:16:40.160 --> 01:16:47.160] And my suggestion is that you not allow this lawyer to be removed.
[01:16:47.160 --> 01:16:51.160] If the court appointed him, hang on,
[01:16:51.160 --> 01:16:53.160] we'll pick this up on the other side, Randy Kelton,
[01:16:53.160 --> 01:17:00.160] and on the radio, we'll be right back.
[01:17:00.160 --> 01:17:01.160] I love Logos.
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[01:17:08.160 --> 01:17:10.160] I'd be lost without Logos.
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[01:17:13.160 --> 01:17:16.160] I'd love to volunteer as a show producer, but I'm a bit of a Luddite
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[01:17:20.160 --> 01:17:22.160] How can I help Logos?
[01:17:22.160 --> 01:17:24.160] Well, I'm glad you asked.
[01:17:24.160 --> 01:17:27.160] Whenever you order anything from Amazon, you can help Logos
[01:17:27.160 --> 01:17:29.160] with ordering your supplies or holiday gifts.
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[01:17:34.160 --> 01:17:37.160] Click on the Amazon logo and bookmark it.
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[01:17:48.160 --> 01:17:49.160] Can I use my Amazon Prime?
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[01:17:50.160 --> 01:17:51.160] I mean, yes.
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[01:17:54.160 --> 01:17:55.160] This is perfect.
[01:17:55.160 --> 01:17:57.160] Thank you so much.
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[01:17:58.160 --> 01:18:00.160] Happy holidays, Logos.
[01:18:00.160 --> 01:18:05.160] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:19:01.160 --> 01:19:11.160] This is the Logos Radio Network.
[01:19:11.160 --> 01:19:29.160] Music
[01:19:29.160 --> 01:19:31.160] Okay, we are back.
[01:19:31.160 --> 01:19:33.160] Randy Hilton, Rule of Law Radio.
[01:19:33.160 --> 01:19:35.160] We're talking to Rodney Texas.
[01:19:35.160 --> 01:19:39.160] Rodney got this guy appointed.
[01:19:39.160 --> 01:19:44.160] And he got paid from the court to do this job.
[01:19:44.160 --> 01:19:48.160] Now he's got him by the testicles.
[01:19:48.160 --> 01:19:49.160] Now you sting him.
[01:19:49.160 --> 01:19:53.160] You haven't bargrieved him yet.
[01:19:53.160 --> 01:20:01.160] But if the court fails to get him off the dime, then bargrieve him.
[01:20:01.160 --> 01:20:06.160] When you bargrieve him, he is going to get real excited
[01:20:06.160 --> 01:20:09.160] because if he's already had a bargrieve,
[01:20:09.160 --> 01:20:12.160] they'll cancel his malpractice insurance.
[01:20:12.160 --> 01:20:16.160] If he hasn't, they'll double it.
[01:20:16.160 --> 01:20:20.160] So this is going to sting him big time.
[01:20:20.160 --> 01:20:22.160] And then he's going to run to the court
[01:20:22.160 --> 01:20:28.160] and ask the court to allow him to withdraw from the case.
[01:20:28.160 --> 01:20:30.160] And you go to the court and tell the court,
[01:20:30.160 --> 01:20:33.160] don't you dare let him withdraw from this case.
[01:20:33.160 --> 01:20:40.160] He's my counsel of choice, and he's under contract.
[01:20:40.160 --> 01:20:45.160] He'll withdraw without your agreement.
[01:20:45.160 --> 01:20:48.160] I need clarification on something.
[01:20:48.160 --> 01:20:50.160] Okay.
[01:20:50.160 --> 01:20:56.160] The third court of appeal, the clerk, one of the clerks told me
[01:20:56.160 --> 01:20:59.160] that that is, they just make rulings.
[01:20:59.160 --> 01:21:08.160] They don't have hearings, which is what I requested in my judicial notice.
[01:21:08.160 --> 01:21:11.160] And so is that true?
[01:21:11.160 --> 01:21:15.160] This clerk is saying that they only issue rulings.
[01:21:15.160 --> 01:21:17.160] They don't do hearings.
[01:21:17.160 --> 01:21:20.160] No, that's not true.
[01:21:20.160 --> 01:21:23.160] They can issue a mandamus for certain.
[01:21:23.160 --> 01:21:29.160] If you petition for a mandamus, that'll always be to the court of appeal.
[01:21:29.160 --> 01:21:30.160] Okay.
[01:21:30.160 --> 01:21:39.160] Now, my second point of clarification here is I submitted this judicial notice
[01:21:39.160 --> 01:21:41.160] to the third court of appeal.
[01:21:41.160 --> 01:21:45.160] Could I also submit that same judicial notice to the district court
[01:21:45.160 --> 01:21:49.160] where this attorney was appointed?
[01:21:49.160 --> 01:21:52.160] It depends.
[01:21:52.160 --> 01:21:58.160] Do you have a final adjudication in the trial court?
[01:21:58.160 --> 01:22:01.160] No, it's still open and pending.
[01:22:01.160 --> 01:22:05.160] Then the trial court still has plenary jurisdiction.
[01:22:05.160 --> 01:22:06.160] Yes.
[01:22:06.160 --> 01:22:10.160] If you had a final decision and you were appealing a final decision,
[01:22:10.160 --> 01:22:15.160] then the trial court would have no jurisdiction at all.
[01:22:15.160 --> 01:22:19.160] But if there's not a final determination, then the trial court still has
[01:22:19.160 --> 01:22:23.160] plenary jurisdiction absolutely you can file in the trial court.
[01:22:23.160 --> 01:22:24.160] Okay.
[01:22:24.160 --> 01:22:33.160] But take a step back and consider the human factor and the politics for a moment.
[01:22:33.160 --> 01:22:36.160] All of these guys, they want life to be easy.
[01:22:36.160 --> 01:22:38.160] They want things to go well.
[01:22:38.160 --> 01:22:42.160] All these lawyers and judges all know each other.
[01:22:42.160 --> 01:22:47.160] And the judges are not going to want this lawyer to get sanctioned
[01:22:47.160 --> 01:22:51.160] or to have this kind of problem because it makes them all look bad.
[01:22:51.160 --> 01:22:59.160] And the judges are kind of the mentors of the lawyers.
[01:22:59.160 --> 01:23:07.160] If you talk to Harmon Taylor, he considers opinions by judges as instruction.
[01:23:07.160 --> 01:23:12.160] They're always instructing the lawyers on how to correct their pleadings
[01:23:12.160 --> 01:23:14.160] or how to file their pleadings.
[01:23:14.160 --> 01:23:18.160] So the judges tend to be mentors for the lawyers.
[01:23:18.160 --> 01:23:22.160] So they don't want to go down there and beat up this lawyer and ruin his career.
[01:23:22.160 --> 01:23:28.160] So when you file this document, even if it's wrong and they don't have any authority,
[01:23:28.160 --> 01:23:32.160] they're going to get someone to get in touch with this guy and say,
[01:23:32.160 --> 01:23:39.160] hey, look, your client is trying to get us to kick your beehive.
[01:23:39.160 --> 01:23:43.160] Now, we can't kick your beehive, but he's going to find somebody that can
[01:23:43.160 --> 01:23:47.160] if you don't get off the dime.
[01:23:47.160 --> 01:23:53.160] Well, I filed this condition notice two weeks ago and I haven't heard any response.
[01:23:53.160 --> 01:23:57.160] It's time to bar grieving.
[01:23:57.160 --> 01:23:58.160] Now, that's the other thing.
[01:23:58.160 --> 01:24:04.160] I went down to the Texas bar to get some bar grievance forms.
[01:24:04.160 --> 01:24:08.160] And there were three other people standing there arguing with these people.
[01:24:08.160 --> 01:24:12.160] They were like, look, I sent in my bar grievance on this attorney,
[01:24:12.160 --> 01:24:15.160] not the one that I'm dealing with.
[01:24:15.160 --> 01:24:22.160] But they sent them in certified return receipt and they were saying,
[01:24:22.160 --> 01:24:27.160] I haven't heard anything back regarding this matter.
[01:24:27.160 --> 01:24:31.160] And a couple of guys go, I even faxed it to the bar
[01:24:31.160 --> 01:24:38.160] and didn't hear anything back about the attorney that they bar grievance.
[01:24:38.160 --> 01:24:46.160] So my question to you is, they have an online form where you can file a bargain.
[01:24:46.160 --> 01:24:48.160] Which one is better?
[01:24:48.160 --> 01:24:50.160] And I know this might sound silly, but I'm going to ask you,
[01:24:50.160 --> 01:24:57.160] which one is better to file the paper bar grievance or the one that's online?
[01:24:57.160 --> 01:25:02.160] And how do the insurance companies know when these attorneys have been bar
[01:25:02.160 --> 01:25:07.160] grievance, if these people are losing paperwork over there at the Texas bar,
[01:25:07.160 --> 01:25:11.160] they're losing paperwork and people are standing there arguing with them,
[01:25:11.160 --> 01:25:14.160] wondering how come they haven't heard anything back from them regarding
[01:25:14.160 --> 01:25:17.160] that grievance that they filed against their attorneys?
[01:25:17.160 --> 01:25:19.160] Okay.
[01:25:19.160 --> 01:25:26.160] The lawyer is required to give notice of the bar grievance.
[01:25:26.160 --> 01:25:30.160] If the state bar is blocking grievances,
[01:25:30.160 --> 01:25:37.160] one thing to know is that the state bar is up for sunset at the next session.
[01:25:37.160 --> 01:25:39.160] Okay. All right.
[01:25:39.160 --> 01:25:43.160] We need to find all these complaints we can.
[01:25:43.160 --> 01:25:48.160] But what you might do is never use the online form.
[01:25:48.160 --> 01:25:56.160] If you want, I have a PDF fill-in-the-blanks form I can send you.
[01:25:56.160 --> 01:26:01.160] And it has instructions in there.
[01:26:01.160 --> 01:26:02.160] Don't give them this information.
[01:26:02.160 --> 01:26:04.160] It's none of their business.
[01:26:04.160 --> 01:26:08.160] It kind of instructs you on how to fill it out.
[01:26:08.160 --> 01:26:12.160] And those instructions don't print when you print it.
[01:26:12.160 --> 01:26:14.160] Okay.
[01:26:14.160 --> 01:26:19.160] Then you send the lawyer one and send the bar one.
[01:26:19.160 --> 01:26:24.160] Now you know the lawyer has notice.
[01:26:24.160 --> 01:26:31.160] Once the lawyer has notice, he has a duty to notice his insurance company.
[01:26:31.160 --> 01:26:38.160] If he doesn't and you sue him, he's not insured.
[01:26:38.160 --> 01:26:41.160] That's the problem for the lawyer.
[01:26:41.160 --> 01:26:49.160] And if you do a search for when a lawyer must notice his malpractice carrier,
[01:26:49.160 --> 01:26:53.160] you will be surprised at what you will find.
[01:26:53.160 --> 01:26:58.160] I found a document when I did that, I think it was the second hit,
[01:26:58.160 --> 01:27:05.160] that said that lawyers have to notify their insurance carrier
[01:27:05.160 --> 01:27:12.160] if there is any possibility they will be sued.
[01:27:12.160 --> 01:27:13.160] No matter what it is.
[01:27:13.160 --> 01:27:16.160] Because if they get sued, the first thing the insurance company is going to do
[01:27:16.160 --> 01:27:21.160] is try to get out from under the liability.
[01:27:21.160 --> 01:27:23.160] And they're going to go to that lawyer and say,
[01:27:23.160 --> 01:27:27.160] did you have any idea that you could be sued for this?
[01:27:27.160 --> 01:27:30.160] If he hasn't already notified him, if he gets a bar grievance
[01:27:30.160 --> 01:27:35.160] and he doesn't notify him and you sue him, he doesn't have any insurance.
[01:27:35.160 --> 01:27:40.160] You get to come for him personally.
[01:27:40.160 --> 01:27:41.160] I've got a question.
[01:27:41.160 --> 01:27:45.160] When I follow this judicial notice with the district court,
[01:27:45.160 --> 01:27:49.160] can I attach a copy of the bar grievance to it?
[01:27:49.160 --> 01:27:52.160] I wouldn't do that.
[01:27:52.160 --> 01:27:56.160] This is none of their business.
[01:27:56.160 --> 01:27:57.160] They can't speak to it.
[01:27:57.160 --> 01:28:02.160] And the court will feel like you're trying to unduly influence them.
[01:28:02.160 --> 01:28:06.160] What you filed with them was perfect.
[01:28:06.160 --> 01:28:12.160] You're asking them to do something they probably can't do.
[01:28:12.160 --> 01:28:14.160] Who cares?
[01:28:14.160 --> 01:28:18.160] You give them notice of what's going on with this lawyer.
[01:28:18.160 --> 01:28:21.160] And they will almost certainly contact the lawyer.
[01:28:21.160 --> 01:28:25.160] But file a bar grievance and send one to the lawyer.
[01:28:25.160 --> 01:28:27.160] I'll do that.
[01:28:27.160 --> 01:28:30.160] Just one thing I want to agree with you on.
[01:28:30.160 --> 01:28:35.160] These judges, like you said, they feel like they're mentors to these attorneys.
[01:28:35.160 --> 01:28:42.160] So the odd man out, it seems, and I'm speaking for this personally,
[01:28:42.160 --> 01:28:48.160] they seem like they'd rather throw the client under the bus
[01:28:48.160 --> 01:28:52.160] than throw the attorney under the bus.
[01:28:52.160 --> 01:28:56.160] And that's what has happened in my situation.
[01:28:56.160 --> 01:29:04.160] This attorney has went out of his way to undermine my right to due process.
[01:29:04.160 --> 01:29:14.160] Okay, so you go out of your way to undermine his ability to practice his profession.
[01:29:14.160 --> 01:29:20.160] You have some serious power concerning his bar card.
[01:29:20.160 --> 01:29:26.160] And when you start getting judges upset,
[01:29:26.160 --> 01:29:31.160] when they get upset at you, they can't tell you they're upset with you.
[01:29:31.160 --> 01:29:34.160] They can tell your lawyer they're upset.
[01:29:34.160 --> 01:29:37.160] They can't do anything to retaliate against you.
[01:29:37.160 --> 01:29:40.160] They can retaliate against that lawyer.
[01:29:40.160 --> 01:29:44.160] He is absolutely vulnerable.
[01:29:44.160 --> 01:29:46.160] Hang on, about to go to break.
[01:29:46.160 --> 01:29:53.160] Randy Kelton, Rule of Law Radio, our call in number 512-646-1984.
[01:29:53.160 --> 01:30:02.160] We'll be right back.
[01:30:02.160 --> 01:30:07.160] Radio frequency microchips are often used to track products as they make their way to stores.
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[01:33:28.160 --> 01:33:30.160] Okay, we are back.
[01:33:30.160 --> 01:33:35.160] I'm Randy Kelton from the Root of Love Radio, and we're talking to Rodney in Texas.
[01:33:35.160 --> 01:33:41.160] But yeah, bar grievance is probably the most powerful tool you've got right now.
[01:33:41.160 --> 01:33:46.160] Well, so my final thing that I've gotten out of your suggestions is number one,
[01:33:46.160 --> 01:33:48.160] don't let this guy off the hook.
[01:33:48.160 --> 01:33:50.160] Don't let him remove himself.
[01:33:50.160 --> 01:33:54.160] And number two, don't get mad, get even.
[01:33:54.160 --> 01:33:55.160] Exactly.
[01:33:55.160 --> 01:33:57.160] Yeah, you let this guy off the hook.
[01:33:57.160 --> 01:34:03.160] They're going to appoint another attorney, and he's going to do the same garbage.
[01:34:03.160 --> 01:34:08.160] Then you'll wind up down the road in the same position or a worse position,
[01:34:08.160 --> 01:34:11.160] because your time is running.
[01:34:11.160 --> 01:34:18.160] But if you can sting this guy real good, you might even send him a tort letter.
[01:34:18.160 --> 01:34:24.160] Did you notice an attempt to sue for malpractice?
[01:34:24.160 --> 01:34:26.160] Wow, okay.
[01:34:26.160 --> 01:34:31.160] That's like to get him off the dime.
[01:34:31.160 --> 01:34:33.160] Okay.
[01:34:33.160 --> 01:34:38.160] How would a letter like a very simplified version of a tort letter,
[01:34:38.160 --> 01:34:43.160] can you give me an overview of a simplified version of a tort letter?
[01:34:43.160 --> 01:34:48.160] Well, I just made up a tort letter for a woman in California.
[01:34:48.160 --> 01:34:54.160] And what the tort letter consisted of was a lawsuit.
[01:34:54.160 --> 01:35:01.160] This was against a tax assessor who had been assessing on the order of 10 times
[01:35:01.160 --> 01:35:09.160] the value against the property as opposed to its actual value.
[01:35:09.160 --> 01:35:13.160] And I wrote up the lawsuit to sue them for it.
[01:35:13.160 --> 01:35:17.160] And then I took the heading off of it and put a letter heading on it.
[01:35:17.160 --> 01:35:25.160] I took the prayer off the bottom and put a make me whole to be sued.
[01:35:25.160 --> 01:35:30.160] And then put in the amount I wanted them to send to make us whole.
[01:35:30.160 --> 01:35:38.160] So all a tort letter is is notice and opportunity to cure.
[01:35:38.160 --> 01:35:44.160] So notice of harm and opportunity to cure.
[01:35:44.160 --> 01:35:52.160] Figure out some way of monetizing a claim.
[01:35:52.160 --> 01:35:55.160] I don't know what the nature of your suit is,
[01:35:55.160 --> 01:36:00.160] but I get the impression it's not about money, it's about other things.
[01:36:00.160 --> 01:36:10.160] So figure out a way to claim a dollar amount.
[01:36:10.160 --> 01:36:15.160] And ask him, make it a big dollar amount.
[01:36:15.160 --> 01:36:22.160] And ask him for this amount from him or be sued for malpractice.
[01:36:22.160 --> 01:36:27.160] And he's immediately going to try to get the judge to let him withdraw.
[01:36:27.160 --> 01:36:30.160] You object to that.
[01:36:30.160 --> 01:36:32.160] You're under contract.
[01:36:32.160 --> 01:36:40.160] You accepted payment for the contract, now perform.
[01:36:40.160 --> 01:36:41.160] Okay.
[01:36:41.160 --> 01:36:46.160] And so I would follow that tort with the same district court, wouldn't I?
[01:36:46.160 --> 01:36:48.160] I know that sounds...
[01:36:48.160 --> 01:36:49.160] No, no.
[01:36:49.160 --> 01:36:53.160] The tort letter goes to the lawyer.
[01:36:53.160 --> 01:36:56.160] That's only between you and the lawyer.
[01:36:56.160 --> 01:36:58.160] Oh, okay.
[01:36:58.160 --> 01:37:02.160] You're giving him notice.
[01:37:02.160 --> 01:37:08.160] And if he wants to go show it to the court, let him.
[01:37:08.160 --> 01:37:09.160] I got you.
[01:37:09.160 --> 01:37:14.160] That'll also let the court know that you mean business
[01:37:14.160 --> 01:37:19.160] and that you're willing to throw your lawyer under the bus.
[01:37:19.160 --> 01:37:23.160] And you're aware that he was trying to throw you under the bus.
[01:37:23.160 --> 01:37:28.160] So good luck with how this works out for you.
[01:37:28.160 --> 01:37:31.160] Randy, thank you so much.
[01:37:31.160 --> 01:37:34.160] This has actually been very, very helpful.
[01:37:34.160 --> 01:37:42.160] And particularly just getting the psychological mindset of these judges and attorneys.
[01:37:42.160 --> 01:37:51.160] That's something that, you know, school and things like that really can't teach you.
[01:37:51.160 --> 01:37:56.160] You have to actually be there and you've got all that experience.
[01:37:56.160 --> 01:37:58.160] So I appreciate you sharing it with me.
[01:37:58.160 --> 01:38:03.160] That is the most powerful understanding you can have.
[01:38:03.160 --> 01:38:10.160] You know, it took me quite a while to get over being angry at the judges and the lawyers.
[01:38:10.160 --> 01:38:18.160] And once I started treating them as human beings, and these lawyers get out of law school
[01:38:18.160 --> 01:38:23.160] and they begin the practice of law, and one of the things I keep saying,
[01:38:23.160 --> 01:38:32.160] I don't think there's a single lawyer who spent six years in law school and $150,000 to $180,000
[01:38:32.160 --> 01:38:37.160] so that he could get out of law school and spend the rest of his professional career
[01:38:37.160 --> 01:38:41.160] kissing some arrogant judges behind.
[01:38:41.160 --> 01:38:46.160] But that's how it winds up out here in the real world.
[01:38:46.160 --> 01:38:50.160] Lawyers are terrified of everybody.
[01:38:50.160 --> 01:38:54.160] And I have seen it. I've seen it, man.
[01:38:54.160 --> 01:39:03.160] I've seen two lawyers who work for large law firms and one would think that they have pretty nice salaries.
[01:39:03.160 --> 01:39:12.160] I've been in their offices, they're very plush offices in downtown Austin.
[01:39:12.160 --> 01:39:16.160] But when they go into the courtroom and they go before these judges,
[01:39:16.160 --> 01:39:21.160] you ought to see how these guys grovel to the lawyer and they're like,
[01:39:21.160 --> 01:39:25.160] oh, I don't want to get sideways with you, Judge, so and so and so.
[01:39:25.160 --> 01:39:28.160] And I mean, it is pretty sickening.
[01:39:28.160 --> 01:39:30.160] Well, they have to.
[01:39:30.160 --> 01:39:32.160] Pretty sickening.
[01:39:32.160 --> 01:39:37.160] These judges, the judge can sanction this lawyer at the drop of a hat.
[01:39:37.160 --> 01:39:46.160] If he does anything to annoy the judge, the judge can screw his next client to get back at him.
[01:39:46.160 --> 01:39:50.160] You know, I mentioned this $11 million lawsuit earlier.
[01:39:50.160 --> 01:39:55.160] I filed this thing and then I started calling lawyers.
[01:39:55.160 --> 01:39:59.160] And I did this purposely. I called lawyers all over Denton County.
[01:39:59.160 --> 01:40:06.160] I really wanted to tell them what the lawsuit was so we'd get around to everybody knowing about it.
[01:40:06.160 --> 01:40:14.160] The last lawyer I called was the prior district attorney before the current one.
[01:40:14.160 --> 01:40:18.160] And I had sued the current district attorney.
[01:40:18.160 --> 01:40:20.160] So this guy's name was Jerry Cobb.
[01:40:20.160 --> 01:40:25.160] And I said, hello, Jerry, my name is Randy Kelton and I have sued Denton County.
[01:40:25.160 --> 01:40:27.160] And I need a lawyer to represent my suit.
[01:40:27.160 --> 01:40:30.160] Oh, I know all about your suit, Mr. Kelton.
[01:40:30.160 --> 01:40:32.160] I can't represent you.
[01:40:32.160 --> 01:40:34.160] You made allegations against judges in there.
[01:40:34.160 --> 01:40:37.160] I have to represent clients in this county.
[01:40:37.160 --> 01:40:40.160] I said, what's the matter, Jerry?
[01:40:40.160 --> 01:40:45.160] You afraid those judges will screw your next client to get back at me?
[01:40:45.160 --> 01:40:50.160] And he said the same thing every other lawyer did.
[01:40:50.160 --> 01:40:54.160] You darn right they will.
[01:40:54.160 --> 01:40:58.160] Now, I don't know if that's true or not.
[01:40:58.160 --> 01:41:03.160] But I do know that those lawyers think it's true.
[01:41:03.160 --> 01:41:08.160] And they're not going to do anything to get that judge upset with them.
[01:41:08.160 --> 01:41:10.160] It would be unethical.
[01:41:10.160 --> 01:41:14.160] Because if they make the judge mad at them on your case,
[01:41:14.160 --> 01:41:16.160] then they bring their next client to them.
[01:41:16.160 --> 01:41:21.160] And the next client, if it's a matter of the discretion of the judge,
[01:41:21.160 --> 01:41:25.160] the judge is going to screw their client to get back at them.
[01:41:25.160 --> 01:41:28.160] So they're in a spot.
[01:41:28.160 --> 01:41:30.160] What do they do?
[01:41:30.160 --> 01:41:33.160] What you're saying is so true.
[01:41:33.160 --> 01:41:37.160] This lawyer even falsified information.
[01:41:37.160 --> 01:41:42.160] He left out very, very vital information regarding the ruling from a judge.
[01:41:42.160 --> 01:41:44.160] And he did it intentionally.
[01:41:44.160 --> 01:41:50.160] But he did it to shield for that judge because, again, he's afraid of him.
[01:41:50.160 --> 01:41:54.160] And I tried to get another attorney to step in.
[01:41:54.160 --> 01:41:59.160] But that attorney said exactly what you just said, Mr. Cobb said.
[01:41:59.160 --> 01:42:03.160] You're trying to go after the judge.
[01:42:03.160 --> 01:42:08.160] I'm not going to represent you if you're going to do that.
[01:42:08.160 --> 01:42:15.160] And he had an ethical duty to his other clients.
[01:42:15.160 --> 01:42:26.160] So what we need to do is give the lawyer the opportunity to actually be a lawyer.
[01:42:26.160 --> 01:42:32.160] And the way we do that is we give our lawyer plausible deniability.
[01:42:32.160 --> 01:42:36.160] Once he can go to the judge and say,
[01:42:36.160 --> 01:42:40.160] oh, you know the client that just filed a judicial conduct complaint against you?
[01:42:40.160 --> 01:42:41.160] Yeah, yeah, that one.
[01:42:41.160 --> 01:42:44.160] That's the one that filed a bar grievance against me.
[01:42:44.160 --> 01:42:47.160] Now, I got to come in here and adjudicate his case,
[01:42:47.160 --> 01:42:52.160] and he's going to kick both our behinds.
[01:42:52.160 --> 01:42:55.160] Plausible deniability.
[01:42:55.160 --> 01:42:59.160] Once he has it, my last case in Austin,
[01:42:59.160 --> 01:43:07.160] the judge dismissed the case to protect my lawyer from me.
[01:43:07.160 --> 01:43:13.160] And there was a static first case he ever won.
[01:43:13.160 --> 01:43:16.160] He'd just been a lawyer for about a year.
[01:43:16.160 --> 01:43:20.160] And he was court appointed counsel.
[01:43:20.160 --> 01:43:23.160] That's what they do when they don't get picked up by law firm.
[01:43:23.160 --> 01:43:25.160] So he's struggling.
[01:43:25.160 --> 01:43:30.160] And he's taking these clients and screwing one client after the other.
[01:43:30.160 --> 01:43:32.160] Keep the court happy with it.
[01:43:32.160 --> 01:43:34.160] And then he gets me.
[01:43:34.160 --> 01:43:40.160] And he told me 20 times if he told me once that I was going to get him disbarred.
[01:43:40.160 --> 01:43:42.160] I didn't care.
[01:43:42.160 --> 01:43:46.160] And the judge dismissed the case to protect him from me.
[01:43:46.160 --> 01:43:49.160] But this was the first time he got to win.
[01:43:49.160 --> 01:43:54.160] So I can't blame the lawyers as much as we'd like to.
[01:43:54.160 --> 01:43:55.160] Hang on.
[01:43:55.160 --> 01:43:57.160] We'll blame them on the other side.
[01:43:57.160 --> 01:44:20.160] Randy Calhoun, The Lawyer with Good News.
[01:44:27.160 --> 01:44:30.160] They are different varieties of the same species.
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[01:45:02.160 --> 01:45:05.160] Are you the plaintiff or defendant in a lawsuit?
[01:45:05.160 --> 01:45:08.160] Win your case without an attorney with Jurisdictionary,
[01:45:08.160 --> 01:45:12.160] the affordable, easy-to-understand 4-CD course
[01:45:12.160 --> 01:45:16.160] that will show you how in 24 hours, step by step.
[01:45:16.160 --> 01:45:20.160] If you have a lawyer, know what your lawyer should be doing.
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[01:45:23.160 --> 01:45:26.160] Thousands have won with our step-by-step course,
[01:45:26.160 --> 01:45:28.160] and now you can too.
[01:45:28.160 --> 01:45:31.160] Jurisdictionary was created by a licensed attorney
[01:45:31.160 --> 01:45:34.160] with 22 years of case-winning experience.
[01:45:34.160 --> 01:45:39.160] Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:39.160 --> 01:45:43.160] about the principles and practices that control our American courts.
[01:45:43.160 --> 01:45:48.160] You'll receive our audio classroom, video seminar, tutorials,
[01:45:48.160 --> 01:45:52.160] forms for civil cases, pro se tactics, and much more.
[01:45:52.160 --> 01:45:56.160] Please visit ruleoflawradio.com and click on the banner
[01:45:56.160 --> 01:46:01.160] or call toll-free, 866-LAW-EZ.
[01:46:01.160 --> 01:46:29.160] Okay, we are back.
[01:46:29.160 --> 01:46:35.160] Randy Kelcom, Rule of Law Radio, and we're talking to Rodney in Texas.
[01:46:35.160 --> 01:46:43.160] Yeah, it gets a lot easier when you stop pointing fingers at people, blaming people.
[01:46:43.160 --> 01:46:46.160] You know, Rodney, I'm not particularly religious,
[01:46:46.160 --> 01:46:50.160] but I find the Bible to be a book of great wisdom.
[01:46:50.160 --> 01:46:54.160] And when it says, judge not that ye be not judged,
[01:46:54.160 --> 01:46:59.160] from my perspective, it has nothing to do with religion.
[01:46:59.160 --> 01:47:03.160] It has to do with what works well.
[01:47:03.160 --> 01:47:08.160] When I stopped blaming the lawyers for being dirty rotten scoundrels,
[01:47:08.160 --> 01:47:16.160] I started looking back at the forces that were acting on them.
[01:47:16.160 --> 01:47:19.160] Then I began to understand what was going on.
[01:47:19.160 --> 01:47:22.160] Once I understood what was going on,
[01:47:22.160 --> 01:47:27.160] then I knew what their weaknesses were.
[01:47:27.160 --> 01:47:28.160] So...
[01:47:28.160 --> 01:47:32.160] I have one term I want you to clarify for me,
[01:47:32.160 --> 01:47:36.160] and hopefully it's one that I heard in the jurisdictionary course
[01:47:36.160 --> 01:47:40.160] called equitable something equitable.
[01:47:40.160 --> 01:47:42.160] Equitable a stopper?
[01:47:42.160 --> 01:47:50.160] Yeah, where the judge, the court is able to rectify,
[01:47:50.160 --> 01:47:55.160] I guess, an injustice.
[01:47:55.160 --> 01:48:01.160] Well, equity is what's right.
[01:48:01.160 --> 01:48:04.160] In equity, generally equity refers to money,
[01:48:04.160 --> 01:48:13.160] but it also refers to balance of values.
[01:48:13.160 --> 01:48:21.160] So if something is causing an unjust outcome,
[01:48:21.160 --> 01:48:26.160] then the judge can construe it as going to equity.
[01:48:26.160 --> 01:48:36.160] And if a certain action would lead to unjust imbalance,
[01:48:36.160 --> 01:48:40.160] he can invoke equitable a stopper
[01:48:40.160 --> 01:48:47.160] and stop that from happening because it's not equitable.
[01:48:47.160 --> 01:48:52.160] That's the context that the jurisdictionary course is talking about.
[01:48:52.160 --> 01:48:59.160] In situations where there's clear injustice about to be carried out
[01:48:59.160 --> 01:49:01.160] on the part of the court,
[01:49:01.160 --> 01:49:08.160] or in this case an incompetent attorney didn't do their job,
[01:49:08.160 --> 01:49:14.160] the court has the power to intervene in this equitable adjustment,
[01:49:14.160 --> 01:49:18.160] equitable a stopper.
[01:49:18.160 --> 01:49:23.160] So I guess I'm bringing that up to ask,
[01:49:23.160 --> 01:49:27.160] how would I look for cases along that line
[01:49:27.160 --> 01:49:34.160] where the courses have used equitable a stopper to balance
[01:49:34.160 --> 01:49:38.160] that wrong right?
[01:49:38.160 --> 01:49:43.160] Just go on the internet and do a search for cases in equity
[01:49:43.160 --> 01:49:50.160] or word it in a way that makes sense to you
[01:49:50.160 --> 01:49:53.160] and just stick it on the internet.
[01:49:53.160 --> 01:49:58.160] You know, I don't use Westlaw lexis anymore.
[01:49:58.160 --> 01:50:03.160] I find the internet much more valuable.
[01:50:03.160 --> 01:50:07.160] The reason being is you have all these lawyers.
[01:50:07.160 --> 01:50:12.160] Most of the lawyers now, as opposed to 30, 40 years ago,
[01:50:12.160 --> 01:50:15.160] lawyers used to be general practitioners.
[01:50:15.160 --> 01:50:21.160] Now everybody pretty well focuses in really small areas.
[01:50:21.160 --> 01:50:24.160] So this lawyer is good at one thing
[01:50:24.160 --> 01:50:28.160] and he wants other lawyers to know he's good at that thing.
[01:50:28.160 --> 01:50:34.160] So he will put essays and treatises on the internet
[01:50:34.160 --> 01:50:36.160] so that other lawyers can find them
[01:50:36.160 --> 01:50:40.160] if they have a case that deals with this issue.
[01:50:40.160 --> 01:50:44.160] They want the other lawyer to find his treatment on the issue
[01:50:44.160 --> 01:50:47.160] so that they will hire him, you know,
[01:50:47.160 --> 01:50:51.160] bring him on to represent this area for their clients.
[01:50:51.160 --> 01:50:54.160] Because generally lawyers get 50% of their business
[01:50:54.160 --> 01:50:57.160] from referrals from other lawyers.
[01:50:57.160 --> 01:50:59.160] They put them on the internet.
[01:50:59.160 --> 01:51:01.160] So when we go on the internet,
[01:51:01.160 --> 01:51:07.160] we can find excellent treatments on most anything you can think of.
[01:51:07.160 --> 01:51:12.160] Let me look at equitable...
[01:51:12.160 --> 01:51:18.160] I put estoppel.
[01:51:18.160 --> 01:51:23.160] Equitable estoppel.
[01:51:23.160 --> 01:51:30.160] Okay, equitable estoppel, definition of equitable estoppel.
[01:51:30.160 --> 01:51:35.160] Okay, a legal principle that bars a party from denying
[01:51:35.160 --> 01:51:38.160] or alleging a certain fact,
[01:51:38.160 --> 01:51:43.160] owing to that party's previous conduct alleging allegation or denial.
[01:51:43.160 --> 01:51:45.160] That's why I wanted to look that up,
[01:51:45.160 --> 01:51:48.160] because we're going to equity,
[01:51:48.160 --> 01:51:52.160] but we're not going to equitable estoppel.
[01:51:52.160 --> 01:51:54.160] Right.
[01:51:54.160 --> 01:52:07.160] Let's look up, say, just equity.
[01:52:07.160 --> 01:52:14.160] Okay, equity, definition, estoppel.
[01:52:14.160 --> 01:52:16.160] Breaking down equity.
[01:52:16.160 --> 01:52:19.160] Generally speaking, the definition of equity
[01:52:19.160 --> 01:52:25.160] can be represented with the accounting equation,
[01:52:25.160 --> 01:52:31.160] equity equals assets minus liabilities.
[01:52:31.160 --> 01:52:34.160] That's not going to help us much.
[01:52:34.160 --> 01:52:36.160] Equitable estoppel is not what you're looking for,
[01:52:36.160 --> 01:52:39.160] and I can't get it out,
[01:52:39.160 --> 01:52:46.160] but this is basically what equity says is the good minus the bad.
[01:52:46.160 --> 01:52:49.160] If the bad outweighs the good, the judge,
[01:52:49.160 --> 01:52:58.160] he has a duty to find a just adjudication of cases.
[01:52:58.160 --> 01:53:01.160] And I really don't know how to answer this correctly.
[01:53:01.160 --> 01:53:04.160] I'd have to do a little research.
[01:53:04.160 --> 01:53:08.160] Not a question I've been asked before.
[01:53:08.160 --> 01:53:11.160] Right, it was a term that's in that jurisdiction,
[01:53:11.160 --> 01:53:12.160] and that's my fault.
[01:53:12.160 --> 01:53:19.160] I'm going to go back and review the context that the author used it,
[01:53:19.160 --> 01:53:22.160] but I thought that I'd throw it out there.
[01:53:22.160 --> 01:53:27.160] What I had to do here is pull up one of my rules.
[01:53:27.160 --> 01:53:33.160] Never talk about something you don't know anything about.
[01:53:33.160 --> 01:53:37.160] I once read a book years ago,
[01:53:37.160 --> 01:53:40.160] and it said that if you're reading something
[01:53:40.160 --> 01:53:43.160] and you find a word in there you don't know,
[01:53:43.160 --> 01:53:47.160] just go back and look at the context in which you find it
[01:53:47.160 --> 01:53:49.160] and figure out what it means.
[01:53:49.160 --> 01:53:51.160] And I thought that was interesting,
[01:53:51.160 --> 01:53:58.160] so what I was reading I was finding a lot of difficult terms,
[01:53:58.160 --> 01:53:59.160] so I started doing that,
[01:53:59.160 --> 01:54:04.160] and then I went to the dictionary to see how close I came.
[01:54:04.160 --> 01:54:12.160] I did not get a single one even close.
[01:54:12.160 --> 01:54:15.160] So all that nonsense of trying to figure out what words mean
[01:54:15.160 --> 01:54:22.160] by the context you're in is a bad strategy.
[01:54:22.160 --> 01:54:29.160] I try not to let myself assume that I know what a term means,
[01:54:29.160 --> 01:54:33.160] especially when I'm working in law
[01:54:33.160 --> 01:54:39.160] and a very good example of that is something I mentioned earlier in the show.
[01:54:39.160 --> 01:54:45.160] I'm building a questionnaire on intoxication,
[01:54:45.160 --> 01:54:55.160] and today I was mapping out intoxication offenses,
[01:54:55.160 --> 01:54:59.160] and the first one was public intoxication.
[01:54:59.160 --> 01:55:06.160] And public intoxication says that if you are intoxicated in a public,
[01:55:06.160 --> 01:55:14.160] that it is an offense to be intoxicated in a public place.
[01:55:14.160 --> 01:55:21.160] Okay, what does public place mean?
[01:55:21.160 --> 01:55:25.160] Well, it's defined in the statute.
[01:55:25.160 --> 01:55:32.160] In the statute it says a public place is an establishment license
[01:55:32.160 --> 01:55:38.160] to sell intoxicating beverages.
[01:55:38.160 --> 01:55:47.160] Now see if you can figure that one out from the context that you find it in.
[01:55:47.160 --> 01:55:50.160] Well, we were at Deb's place one year,
[01:55:50.160 --> 01:55:54.160] and we were having a big barbecue in the back,
[01:55:54.160 --> 01:55:56.160] and this late in the evening this cop came along,
[01:55:56.160 --> 01:55:59.160] and he wanted to come in the backyard, and we said, why?
[01:55:59.160 --> 01:56:06.160] Well, he wanted to make sure that nobody was intoxicated.
[01:56:06.160 --> 01:56:09.160] Get out of here.
[01:56:09.160 --> 01:56:17.160] He stated that if you are intoxicated and you're in public,
[01:56:17.160 --> 01:56:21.160] then I can see you, that's an offense.
[01:56:21.160 --> 01:56:28.160] Well, I went and got it, and no, it's not an offense.
[01:56:28.160 --> 01:56:31.160] It's only an offense if you're in a beer joint
[01:56:31.160 --> 01:56:36.160] or a convenience store that sells booze.
[01:56:36.160 --> 01:56:40.160] Always look these terms up,
[01:56:40.160 --> 01:56:45.160] especially in law because they may not mean what they mean.
[01:56:45.160 --> 01:56:49.160] So I would want to go back to Jurisdictionary,
[01:56:49.160 --> 01:56:54.160] find his reference, and then do some research on it.
[01:56:54.160 --> 01:56:56.160] Right, right.
[01:56:56.160 --> 01:57:02.160] And looking up terms when you're reading legal issues
[01:57:02.160 --> 01:57:07.160] is absolutely so valuable and vulnerable.
[01:57:07.160 --> 01:57:15.160] Like in this case, if anybody out there has been charged with public intoxication,
[01:57:15.160 --> 01:57:24.160] I can almost guarantee you that you were not in a beer joint at the time,
[01:57:24.160 --> 01:57:30.160] that you probably thought public intoxication meant
[01:57:30.160 --> 01:57:35.160] what the term means in the common vernacular.
[01:57:35.160 --> 01:57:40.160] It doesn't mean any such thing, not even close.
[01:57:40.160 --> 01:57:43.160] In a sense, it means the opposite of public.
[01:57:43.160 --> 01:57:48.160] What if the guy is in his car behind the wheel and he...
[01:57:48.160 --> 01:57:53.160] That's a question that I need to get answered.
[01:57:53.160 --> 01:57:59.160] I just did Driving While Intoxicated,
[01:57:59.160 --> 01:58:06.160] and it says that if you are operating a motor vehicle,
[01:58:06.160 --> 01:58:13.160] the question becomes, what does operating mean?
[01:58:13.160 --> 01:58:18.160] Does it mean moving the vehicle on...
[01:58:18.160 --> 01:58:24.160] It says operating the motor vehicle on a public thoroughfare.
[01:58:24.160 --> 01:58:27.160] So does it mean driving down the road?
[01:58:27.160 --> 01:58:33.160] Does it mean sitting in the backseat parked at a curb?
[01:58:33.160 --> 01:58:39.160] Does it mean sitting in the front seat on the passenger side?
[01:58:39.160 --> 01:58:45.160] Does it mean sitting under the wheel, keys in condition?
[01:58:45.160 --> 01:58:50.160] What does operating a motor vehicle mean?
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[01:59:51.160 --> 02:00:00.160] You are listening to the Logos Radio Network, logosradionetwork.com.