ROL_2017-06-09_16k_Hr1-2.timecode
[00:00.000 --> 00:05.400] The following news flash is brought to you by The Lowest Star Lowdown.
[00:05.400 --> 00:14.040] Markets for Friday 2 June 2017 closed off with gold at $1,278.45 an ounce, silver $17.51
[00:14.040 --> 00:20.000] an ounce, Texas Crude $48.36 a barrel and Bitcoin is still going up sitting at about
[00:20.000 --> 00:30.160] $2,472 U.S. currency. Today in History, the year 1953, the coronation of Queen Elizabeth
[00:30.160 --> 00:35.320] II crowned Queen of the United Kingdom, Canada, Australia, New Zealand and her other realms
[00:35.320 --> 00:39.520] and territories and head of the Commonwealth marks one of the first major international
[00:39.520 --> 00:49.200] events to be televised today in history. In recent news, President Donald Trump announced
[00:49.200 --> 00:54.000] the U.S. would withdraw from the U.N. Paris Accord on climate change this last Thursday
[00:54.000 --> 00:58.560] yesterday stating that, quote, the U.S. will withdraw from the Paris Climate Accord but
[00:58.560 --> 01:04.600] begin negotiations to reenter under the Paris Accord or a really entirely new transaction
[01:04.600 --> 01:09.640] on terms that are fair to the United States, its businesses, its workers, its people, its
[01:09.640 --> 01:16.400] taxpayers. This, as could be predictably expected, had G7, formerly G8 leaders, in a frenzy,
[01:16.400 --> 01:21.520] notably Chinese dictatorship admiring Canadian Prime Minister Justin Trudeau, who in a statement
[01:21.520 --> 01:25.400] said that, quote, we are deeply disappointed that the United States federal government
[01:25.400 --> 01:30.360] has decided to withdraw from the Paris Agreement or French Socialist President Emmanuel Macron
[01:30.360 --> 01:34.960] saying that it's, quote, a mistake for our planet, wherever we live, whoever we are,
[01:34.960 --> 01:39.680] we all share the same responsibility to make our planet great again. Along with U.K. Prime
[01:39.680 --> 01:45.360] Minister Theresa May, German Chancellor Angela Merkel and Italian Prime Minister Paolo Gentiloni
[01:45.360 --> 01:49.720] all stating disapproval as well. Even Russia, eighth in the former G8, stated the great
[01:49.720 --> 01:54.160] significance it saw in the Paris Agreement hours before Trump made his announcement,
[01:54.160 --> 01:58.880] not to mention a Vatican spokesman from the Holy See expressed the pontiffs dismay at
[01:58.880 --> 02:02.800] President Trump's decision. Unfortunately, world leaders and media pundits failed to
[02:02.800 --> 02:07.240] ask the opinions of another more important base, the American taxpayer, because they
[02:07.240 --> 02:12.400] are never consulted via referendum or congressional vote when President Obama decided to unilaterally
[02:12.400 --> 02:16.520] sign up the U.S. to an agreement that would have major effects on industry in the United
[02:16.520 --> 02:21.360] States. Or maybe they should have asked major climate change proponent, American adjunct
[02:21.360 --> 02:27.040] professor in the Department of Earth and Environmental Sciences at Columbia University, James Hansing.
[02:27.040 --> 02:31.400] What he thought of the agreement, which he actually called a fraud, really a fake, it's
[02:31.400 --> 02:36.440] just worthless words, mostly because there was no solution to CO2 emissions other than
[02:36.440 --> 02:43.440] charging more for energy, which would only disproportionately hurt the most vulnerable.
[03:06.440 --> 03:27.440] Okay, howdy, howdy, this is Randy Kelton, Rule of Law Radio, on this the ninth day of
[03:27.440 --> 03:37.920] June 2017. And we've got perfect weather here in Texas as always. There's been some rumors
[03:37.920 --> 03:45.000] about big storms, but we don't pay any attention to that Yankee propaganda. The weather's always
[03:45.000 --> 03:51.160] perfect. It never rains and it never snows and never gets hot. It's always perfect and
[03:51.160 --> 03:58.440] we wouldn't lie about that. Good news. First off, I have the phone lines on. I call in
[03:58.440 --> 04:07.960] number 512-646-1984. If you have a question or a comment, give us a call. We'll keep the
[04:07.960 --> 04:18.360] phone lines open all night. I do have the electronic lawyer implemented on traffic tickets
[04:18.360 --> 04:28.600] singular.website. Got the website open and working. Hardest part was getting the intake
[04:28.600 --> 04:36.120] form to work. My server had an issue that took me three days to work through the issue.
[04:36.120 --> 04:43.600] I finally had to implement it under php instead of html, but we got it up and cooking. It
[04:43.600 --> 04:52.040] takes the input data and I output the input data through a merge program and it spits
[04:52.040 --> 04:59.120] out about 10 documents. I will be adding some more as we go along. And I'll constantly
[04:59.120 --> 05:08.360] may be making adjustments to the ones I have, but this should effectively shut down traffic
[05:08.360 --> 05:18.440] enforcement in Texas because in studying the code, it is almost impossible for the state
[05:18.440 --> 05:25.120] of Texas to do effective traffic enforcement under law. It is virtually impossible for
[05:25.120 --> 05:32.680] a municipality to enforce the Texas Transportation Code. They're just forbidden. There's no law
[05:32.680 --> 05:40.160] allowing them to do it. So what they're doing is horrendously illegal. And then while they're
[05:40.160 --> 05:48.920] doing it, they're cheating like crazy. So we will be making up some lawsuits to be filing
[05:48.920 --> 05:57.920] against the municipalities. Every policeman, every minute, we're starting out with municipal
[05:57.920 --> 06:06.720] policemen. We can go to the local municipalities and get their lawyer list. They make up a
[06:06.720 --> 06:13.640] list for lawyers of all the people who got citations. Scott is getting the list from
[06:13.640 --> 06:25.840] Plano, Texas. Plano is a North-Summer Redalis. And they are consistently writing 11,000 tickets
[06:25.840 --> 06:40.280] a week. That one municipality. At $250 to $300 a ticket, that is serious money. And we plan
[06:40.280 --> 06:51.760] to shut them down. Every policeman who writes a citation, and that person uses our website,
[06:51.760 --> 06:59.840] we will download to them a first-degree felony aggravated assault complaint against the officer,
[06:59.840 --> 07:06.960] which charges three complaints. It charges official oppression first. It accuses an
[07:06.960 --> 07:14.960] act of official oppression while impersonating a public official, while prominently displaying
[07:14.960 --> 07:23.840] a deadly weapon. It goes from class A misdemeanor to state jail felony to a first-degree felony.
[07:23.840 --> 07:32.240] And they will file a T-close complaint in line with what we do to lawyers. We bar-grieve
[07:32.240 --> 07:42.400] the lawyers. And their insurance carriers, the one that makes bar-grieving lawyers effective.
[07:42.400 --> 07:50.360] Because it's certainly not the state bar association. Same thing with T-close, Texas Commission
[07:50.360 --> 07:59.680] on Law Enforcement. You certainly can't expect them being an association of police officers
[07:59.680 --> 08:08.920] to effectively police police officers. Not going to happen. Same with the bar. However,
[08:08.920 --> 08:17.360] they have insurance carriers just like everybody else. Each officer has a bond rating. And
[08:17.360 --> 08:25.080] generally the rating of the agency will go to the rating of the highest rating for their
[08:25.080 --> 08:33.920] officers. So when we start stinging the officers with T-close complaints, the officer himself,
[08:33.920 --> 08:41.000] when he gets a criminal accusation and a T-close complaint, he's going to go ballistic. Because
[08:41.000 --> 08:48.720] this affects his career permanently. T-close complaints go on their record and stay there.
[08:48.720 --> 08:54.440] If this officer goes to another jurisdiction to try to get hired, the first thing they're
[08:54.440 --> 09:00.400] going to look at are the complaints against him. The professional complaints, the ones
[09:00.400 --> 09:07.320] that affect his bond rating. Those are the ones who will be filing. So we'll put the
[09:07.320 --> 09:13.480] police in a position to where they're not going to want to enforce this traffic code.
[09:13.480 --> 09:22.080] And then we have other documents that clearly demonstrate that the jurisdiction has no power
[09:22.080 --> 09:33.120] to enforce. At this point, we don't care what the citation was for. Because the way we read
[09:33.120 --> 09:40.600] the code, we can't see how the jurisdiction can ever get to the merits of the case. They
[09:40.600 --> 09:49.760] just don't have the authority. And it's a good way to get people who normally don't
[09:49.760 --> 09:55.680] pay any attention to the system. We get them when they are paying attention to the system
[09:55.680 --> 10:01.600] and they're very upset at the system. So it's a good time to wake them up to just how corrupt
[10:01.600 --> 10:08.200] things are. We have a couple of callers. I'm going to go ahead and go to the phones.
[10:08.200 --> 10:21.800] We have Dave from Texas. Hello, Dave. Hello, Randy. As you might remember, the apartment
[10:21.800 --> 10:33.200] team here charged me for the floorboards and I sued them for negligence and JP. I lost
[10:33.200 --> 10:44.520] in the conversation for eight grand, which they were granted. As I told you, I appealed
[10:44.520 --> 10:57.720] to county court and soon after, and coming up was the eviction case also in county where
[10:57.720 --> 11:08.400] I had a court appointed lawyer who produced discovery that the apartment complex was actually
[11:08.400 --> 11:19.000] renovating all the apartments. So they were doing floorboards and everything. So something
[11:19.000 --> 11:25.280] happened interesting before the eviction trial is they called and said they wanted to make
[11:25.280 --> 11:32.680] a deal. They said that I didn't owe them the eight grand that I had lost in the Congress
[11:32.680 --> 11:40.760] suit and JP if I would move out at the end of the month. I said no that I would move
[11:40.760 --> 11:47.760] out at the end of the month if they gave me all my rent back for the year. So court appointed
[11:47.760 --> 11:54.640] lawyer called them and said they called back and said, we'll give you half your rent. And
[11:54.640 --> 12:02.640] I said no. And by the way, I have a witness who saw the management team move my furniture
[12:02.640 --> 12:09.760] out in the living room. They called back and said, okay, we'll give you all the rent back,
[12:09.760 --> 12:18.880] but you dropped the case in district court of 200 grand against the owner. And I agreed.
[12:18.880 --> 12:29.080] So I made, I got five grand out of Fittal. And but my point is Randy, I signed a document
[12:29.080 --> 12:39.200] saying I could never sue them again. Is that final? Because I'm still angry. I mean, okay,
[12:39.200 --> 12:49.800] you shouldn't be angry. You won far more than most ever do. And good. You did good. You
[12:49.800 --> 12:57.720] took a deal. You pushed them for a deal. You got a good deal from them. This is a win.
[12:57.720 --> 13:07.680] And it is a big time loss for them. Good. So we can get angry, but anger doesn't help
[13:07.680 --> 13:19.200] as much. You won. I am impressed. Good. Well, you did it. You did it for me, Randy. Randy,
[13:19.200 --> 13:27.880] I want to go into something else briefly. You remember probably on television, the guy
[13:27.880 --> 13:37.920] on United Airways who was taken out of his seat and roughed up a bit. The doctor, yes.
[13:37.920 --> 13:46.320] Yeah. And who got $7 million three or four days later as a settlement. Randy, when I
[13:46.320 --> 14:01.360] came to Austin, from Hawaii, I was also pulled off a United Air Airways flight. I had a bad
[14:01.360 --> 14:09.800] knee and I kept getting out to stretch my knee. And they decided to throw me off. They thought
[14:09.800 --> 14:25.120] I was unusual. And I was with my fiance, so she flew to Austin without me. And so the
[14:25.120 --> 14:34.320] next day I got on the flight and it was pretty pissed off. I mean, because I was going to
[14:34.320 --> 14:47.960] Austin for an operation. And so I unfortunately had three or four operations since the flight.
[14:47.960 --> 15:02.320] So I want to sue them, but my question, Randy, is that I've been in and out of the hospital.
[15:02.320 --> 15:11.000] It's been four years since this happened. So would it have taken consideration? No.
[15:11.000 --> 15:19.080] You're two years too late. Oh, that's too bad. That's too bad. Yeah. Normally on civil
[15:19.080 --> 15:28.560] litigation, you have a two-year statute of limitations. All right, Randy, that's too
[15:28.560 --> 15:35.000] bad. Well, should have fell down in the aisle and banged your head and get somebody to video
[15:35.000 --> 15:49.080] tape. Yeah, yeah, yeah. Okay, Randy, last question. Your new project you're selling
[15:49.080 --> 15:57.720] on the Internet, it sounds just fantastic, but don't drive. I'm more of a guy who's
[15:57.720 --> 16:04.200] interested in civil cases. Is this something I should buy or is this mostly traffic information?
[16:04.200 --> 16:12.760] No, this is just for traffic tickets at the moment. All right. This is the first implementation
[16:12.760 --> 16:20.280] of the electronic lawyer project. This was the simplest base on which I could begin to
[16:20.280 --> 16:28.240] build it. So we'll take a set of documents that everybody should file in every case.
[16:28.240 --> 16:34.760] A Brady motion for discovery, an unlimited motion for all the questions they can ask,
[16:34.760 --> 16:41.040] a motion to preserve all our rights when I call a mother hubbard motion, includes speedy
[16:41.040 --> 16:48.200] trial and bona fides, a challenge, subject matter jurisdiction, special appearance, counter
[16:48.200 --> 16:53.640] claim, criminal complaint against the officer, Tico's complaint, just a whole stack of everything
[16:53.640 --> 17:03.280] that goes in the front. And then once those are filed, saying cookie cookie, me love cookies.
[17:03.280 --> 17:09.880] Oh, hi, Cookie Munchers. No, these are yucky cookie cookies. No, no bad cookies. You can't
[17:09.880 --> 17:16.280] even eat these cookies. These are cyber cookies. No, they're cyber cookies and they clog up
[17:16.280 --> 17:23.720] your computer. Me have apples. Really? Oh, that's an actual apple. Yummy apple. I'm
[17:23.720 --> 17:30.280] going to throw away these yucky cookies in the trash. I click control, shift, delete,
[17:30.280 --> 17:35.560] and then scroll down the cookies and clear them. Bye bye, yucky cookies. Now I go to
[17:35.560 --> 17:41.400] logosradionetwork.com and I click on the Amazon box on the upper right hand side, bookmark
[17:41.400 --> 17:47.240] the link, and I can go to Amazon through this link and order you some yummy new cookie.
[17:47.240 --> 17:53.320] No cookies for me. Consider it an early Christmas present. And every time I order on Amazon,
[17:53.320 --> 17:57.880] I go through this link and I give a little present to this radio network too. See you
[17:57.880 --> 18:03.160] for cookie. See you for classified. Are you being harassed by debt collectors with phone
[18:03.160 --> 18:08.840] calls, letters, or even lawsuits? Stop debt collectors now with the Michael Mirris proven
[18:08.840 --> 18:13.320] method. Michael Mirris has won six cases in federal court against debt collectors and
[18:13.320 --> 18:18.400] now you can win two. You'll get step-by-step instructions in plain English on how to win
[18:18.400 --> 18:23.800] in court using federal civil rights statute. What to do when contacted by phones, mail,
[18:23.800 --> 18:28.200] or court summons? How to answer letters and phone calls? How to get debt collectors out
[18:28.200 --> 18:33.560] of your credit report? How to turn the financial tables on them and make them pay you to go
[18:33.560 --> 18:39.360] away? The Michael Mirris proven method is the solution for how to stop debt collectors.
[18:39.360 --> 18:44.760] Personal consultation is available as well. For more information, please visit ruleoflawradio.com
[18:44.760 --> 18:50.120] and click on the blue Michael Mirris banner or email Michael Mirris at yahoo.com. That's
[18:50.120 --> 18:59.560] ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.560 --> 19:06.560] net.
[19:06.560 --> 19:27.640] Okay, we are back. Randy Kelsen, ruleoflawradio and we're talking today's in Texas, day four
[19:27.640 --> 19:35.560] where we, oh we were just saying I don't have anything criminal for you, but I will have
[19:35.560 --> 19:46.040] because as these motions and pleadings and information requests mature, then people will
[19:46.040 --> 19:52.680] come back and say, okay, I'm putting up some pages explaining what's going to happen. I
[19:52.680 --> 19:56.840] have one for your first appearance. This is what's going to happen at the first appearance
[19:56.840 --> 20:01.960] and legally this is what's wrong with it and these are the crimes they're committing against
[20:01.960 --> 20:06.040] you when you go to this hearing. So when you go to the hearing, this is how you handle
[20:06.040 --> 20:12.400] yourself and once you're done, then you come back on my site and click on first hearing
[20:12.400 --> 20:17.880] and I'll have a questionnaire there and you go through this questionnaire and I'll ask
[20:17.880 --> 20:23.520] questions about what normally happens at these hearings and depending on how you answer the
[20:23.520 --> 20:34.200] question, the system will produce complaints or motions and pleadings that you can then
[20:34.200 --> 20:43.840] subsequently, oh, this is how the electronic lawyer works and we'll produce this stuff
[20:43.840 --> 20:52.600] for all of the things we know about that we've seen happen that we're aware of and then every
[20:52.600 --> 20:57.360] time something occurs that we haven't seen before, they will jump on the machine, we'll
[20:57.360 --> 21:04.000] make up a set of questions for it, research out the issues, create a set of download documents
[21:04.000 --> 21:16.160] and add it to the system. It's like a baby is born knowing almost nothing. Our machine
[21:16.160 --> 21:24.880] comes out, Eddie and I are pretty knowledgeable in traffic and criminal but we're still like
[21:24.880 --> 21:32.200] five-year-olds, the overall scheme of things, so we build up an electronic five-year-old.
[21:32.200 --> 21:36.640] We got enough to help people get started but every time something comes up that we haven't
[21:36.640 --> 21:45.160] seen before, we stick it in and before long, we'll grow into a 30-year-old. Having the
[21:45.160 --> 21:53.080] accumulated experience of all the lawyers who practice in the jurisdiction and of all
[21:53.080 --> 22:02.400] the people who've used our system, all of the contingent be in there and unlike a lawyer
[22:02.400 --> 22:10.320] who even though he knows some of this stuff forgets it, this electronic lawyer never forgets,
[22:10.320 --> 22:16.040] never forgets to ask the question, never forgets to address an issue. So while we don't have
[22:16.040 --> 22:23.680] it yet, we will because the next thing we will go to is criminal and our plan is after
[22:23.680 --> 22:31.680] criminal to go to family law. We will get to civil litigation but that will be pretty
[22:31.680 --> 22:42.600] far down on the list. All right. Well, I'm going to make a prediction that your new project
[22:42.600 --> 22:52.200] is going to be that one project that is going to just finally change the entire system of
[22:52.200 --> 23:02.920] Texas and this entire country from the law, from the judges just screwing us normal people
[23:02.920 --> 23:04.720] over. That's my prediction.
[23:04.720 --> 23:10.720] Yeah. Just looking at it, you know, you've heard me on the show for a long time and
[23:10.720 --> 23:19.640] I pretty well left traffic to A-Quick. I did not see the real value in traffic until
[23:19.640 --> 23:30.520] I did some research with the state office of, what is it, the office of court administration
[23:30.520 --> 23:40.280] and looked at their statistics and one statistic got my attention. Last year in Texas there
[23:40.280 --> 23:51.840] was reported 6.6 million traffic citations, actually 6.61 million traffic citations.
[23:51.840 --> 24:02.520] Holy mackerel, that's a quarter of the population of the state. Well, think about it. You come
[24:02.520 --> 24:09.240] with a serious issue and you're really concerned but when people come with a traffic ticket,
[24:09.240 --> 24:17.440] they're PO'd. They're not afraid of losing a major issue or going to jail. They're PO'd
[24:17.440 --> 24:21.760] because this court is going to reach in their pocket and pull their money that they was
[24:21.760 --> 24:28.760] out of their pocket. They were going to buy their new flat screen TV with. They're upset.
[24:28.760 --> 24:36.240] So how best to reach someone other than when they are upset? Normally people don't pay
[24:36.240 --> 24:44.600] any attention to the system. They hear the adage, you can't fight city hall and they
[24:44.600 --> 24:48.280] get a ticket and they're PO'd and they want to do something about it and we go to them
[24:48.280 --> 24:56.520] and say, well, we got lots you can do about it and the way we've structured the site.
[24:56.520 --> 25:03.200] We have them fill out the complaint, I mean the ticket information and then we send them
[25:03.200 --> 25:07.080] to, this is the first thing that's going to happen. They're going to ask you to go down
[25:07.080 --> 25:13.080] to the court and when you get to the court, this clerk is going to ask you to enter a
[25:13.080 --> 25:20.800] plea. Well, there's a problem with that. The court has no authority to order you to come
[25:20.800 --> 25:24.960] down to that court. Well, what we tell them is the first thing you're going to get, I'm
[25:24.960 --> 25:30.680] sorry, yeah, first thing is you're going to have to go down to the court yourself and
[25:30.680 --> 25:37.520] say, a clerk is going to be there to take your complaint, to have me to take your plea.
[25:37.520 --> 25:45.680] What the law requires and what you agreed to under 543.006 was you agreed to appear before
[25:45.680 --> 25:53.840] a magistrate, not a judge, not a prosecutor, not a court clerk, but a magistrate and the
[25:53.840 --> 25:59.680] only thing a magistrate can do is hold an examining trial and this is a provision that's
[25:59.680 --> 26:08.000] been in law since 1216. It's not like it's something new or innovative and the courts
[26:08.000 --> 26:14.720] will tell you, well, in a misdemeanor, you don't have a right to an examining trial and
[26:14.720 --> 26:23.920] we say, so what? What's that got to do with anything? The statute specifically commands
[26:23.920 --> 26:31.560] you to hold one. Doesn't matter if I have a right to it or not, you have a duty to hold
[26:31.560 --> 26:38.280] it. So I come down there and you want me to, you know, plead to some clerk and if I don't,
[26:38.280 --> 26:43.080] he's going to call a bailiff over with scars on his knuckles and a big pistol hanging on
[26:43.080 --> 26:48.800] his hip and he's going to get real ugly with me to make sure that I follow along. We're
[26:48.800 --> 26:54.360] like cattle through a chute. Executions down there at the end, he don't want one of those
[26:54.360 --> 27:02.800] cattle disrupting the flow. So if you disrupt the flow, they're going to bring this big
[27:02.800 --> 27:08.760] bailiff over and he's going to give you reason not to disrupt the flow. So we're telling
[27:08.760 --> 27:14.400] them don't disrupt the flow. Go down there and ask to see a magistrate and when they
[27:14.400 --> 27:19.400] don't allow you to see a magistrate and they order you to enter a plea, go ahead and enter
[27:19.400 --> 27:25.680] a plea. Don't worry about it. And then when you get home right out of state, but go on
[27:25.680 --> 27:36.000] our website and we will show you how to bushwack them. And we tell them never, ever give fair
[27:36.000 --> 27:43.400] warning. If you ever try to give a public official fair warning, they are trained to
[27:43.400 --> 27:52.680] treat that as a threat and call you agitated. That's their magic little word is agitated
[27:52.680 --> 27:58.040] and then they will accuse you of threatening them and then they get this big bailiff over
[27:58.040 --> 28:02.640] with scars on his knuckles. So never give them fair warning. Never give them legal
[28:02.640 --> 28:08.760] advice. If they want an attorney, they can go talk to this prosecuting attorney who you're
[28:08.760 --> 28:15.640] going to work over big time at the next hearing. For this hearing, we work over the judge
[28:15.640 --> 28:23.560] and the clerk. We accuse the clerk of impersonating a judicial officer. So you want to sit there
[28:23.560 --> 28:27.320] and take these complaints all day. I take these pleas all day. We'll see how that works
[28:27.320 --> 28:35.240] out for you. When she starts getting one criminal complaint after another and the judge starts
[28:35.240 --> 28:41.200] getting one criminal complaint after another plus a judicial contract complaint, they're
[28:41.200 --> 28:46.400] going to get real unhappy. And the police officer is already real unhappy because he's
[28:46.400 --> 28:55.720] got a criminal complaint and a T-close complaint. And then the next hearing you go to, we'll
[28:55.720 --> 28:59.880] meet with the prosecutor and then we'll work over the prosecutor. So we tell them right
[28:59.880 --> 29:06.720] away that what they're doing is horrendously legal. And we explain how and why it's illegal.
[29:06.720 --> 29:16.920] We're going to have some pretty upset people and the statistics say 73% of all the people
[29:16.920 --> 29:29.800] who get a ticket just write a check and pay it. 73%. That means 27% don't. Of that 27%
[29:29.800 --> 29:39.720] are the ones who refuse to plead guilty and pay the fine. They go down and they're forced
[29:39.720 --> 29:45.120] to meet with the prosecutor, which is horribly legal. There is no power in the court to order
[29:45.120 --> 29:50.120] you to come to court to meet with opposing counsel. If opposing counsel wants to meet
[29:50.120 --> 29:57.880] with me, then call me and make an appointment. Don't send me a court summons ordering me
[29:57.880 --> 30:05.120] to come to court. You've heard of hairspray, but how about DNA spray? It's a high-tech
[30:05.120 --> 30:09.680] way to catch robbers, but down the road it could be abused. I'm Dr. Catherine Alberts
[30:09.680 --> 30:14.640] and I'll be back in a moment with what you need to know about aerosol micro dots. Privacy
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[31:09.400 --> 31:15.000] Imagine attending a political rally and later glowing under ultraviolet light at the airport.
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[31:20.280 --> 31:24.920] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:50.280 --> 32:14.080] We're going to have to stand and defend our own rights. Among those rights are the right
[32:14.080 --> 32:32.840] to
[32:32.840 --> 32:55.960] the demand.
[32:55.960 --> 33:03.960] Together we can have the pre-society we all want and deserve.
[33:03.960 --> 33:14.960] You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:14.960 --> 33:24.960] Yeah, I got that one rent and I'm going to solve that to the government then, but I'll save you then.
[33:24.960 --> 33:32.960] Okay, hold on a sec.
[33:32.960 --> 33:36.960] Okay, we are back, Randy Kelton.
[33:36.960 --> 33:41.960] You're live on radio and we're finishing up with Dave in Texas.
[33:41.960 --> 33:54.960] Thank you, Dave. We have another caller and this is Scott from Texas and he is working on this project with me and he has been pretty busy lately.
[33:54.960 --> 34:02.960] Dave, I'm glad to hear you won one. You get to everybody who wins one gets crowing time.
[34:02.960 --> 34:12.960] Well, you did it for me, Randy, and congratulations on your new project. I'll talk to you in a couple of weeks.
[34:12.960 --> 34:19.960] Okay, bye-bye. Okay, now we're going to Scott in Texas. Hello, Scott.
[34:19.960 --> 34:36.960] Howdy, howdy. Well, I've been busy today and I got all those motions and criminal complaints, everything notarized, printed off, copies made. Looks like I got to get an extra copy made, but anyhow.
[34:36.960 --> 34:55.960] And I got another motion. Ken kind of gave me a motion too and so it was pretty interesting and what I'm doing, this is a motion to dismiss and I'm going to be citing ex parte Garcia and this other case.
[34:55.960 --> 35:08.960] I see Gerstein. Gerstein Pew. Right. Well, Gerstein Pew and he should look at Heath Boyd as well.
[35:08.960 --> 35:15.960] Well, I don't have that one, so if I had that one, I might as well go ahead and stick it in there.
[35:15.960 --> 35:25.960] In the morning, if you'll contact me, I'll send you some of these arguments. Gerstein Pew says you have a right to an examining trial.
[35:25.960 --> 35:35.960] Heath Boyd is a 1921 case where a guy is cutting a road across this property and the owner of the property come out and said, hey, hey, hey, you're going to quit cutting that road.
[35:35.960 --> 35:39.960] And he said, not going to quit cutting the road. The boss told me to cut the road.
[35:39.960 --> 35:45.960] He said, if you don't quit cutting that road, I'm going to call the sheriff and have you arrested. He said, well, you're going to have to.
[35:45.960 --> 35:53.960] Because I'm not going to quit cutting the road. So if he don't quit, the guy calls the sheriff. The sheriff comes out, tells him to quit cutting the road.
[35:53.960 --> 35:57.960] He said, I ain't going to quit cutting the road. My boss told me to cut the road and he'll fire me.
[35:57.960 --> 36:01.960] He said, well, you don't quit cutting the road. I'm going to arrest you. He said, well, you have to.
[36:01.960 --> 36:09.960] So he said, get in your car and follow me down to my office. They get in his car. He gets in his car, the cop gets in his car.
[36:09.960 --> 36:19.960] They drive down to Corpus Christi 26 miles away. The cop holds him for 45 minutes, works us out with his boss, tells him he can go.
[36:19.960 --> 36:25.960] Well, he passed the town six miles away with a magistrate in it.
[36:25.960 --> 36:33.960] And the guy sued him for not taking him directly to the magistrate and won.
[36:33.960 --> 36:39.960] So it's a great case. Real minor issue.
[36:39.960 --> 36:49.960] It demonstrates he still had to take him directly to the nearest magistrate. Couldn't take him 26 miles away to his office.
[36:49.960 --> 36:57.960] Couldn't take him to jail, had to go directly to the magistrate. So it's a good case. It is still a good law.
[36:57.960 --> 37:05.960] Okay. Yeah, I'll definitely check that out. And I'm actually just sent you my motion and you can kind of read it.
[37:05.960 --> 37:11.960] It's only three pages on this one. It's pretty short considering some of the other ones.
[37:11.960 --> 37:26.960] But it's pretty tight because it's telling about how the officer doesn't have the authority to even be out there enforcing the Texas transportation laws.
[37:26.960 --> 37:41.960] And after doing the 552 information request to DPS, there are no county or municipal officers in Raines County, even on the list.
[37:41.960 --> 38:05.960] So I'm going to attach those as exhibits as well. And so this one little three page document is going to wind up having a bunch of supplemental pages behind it as exhibits so that he can actually see this that they don't even have the authority to be out there doing this.
[38:05.960 --> 38:16.960] And then after key closing that cop about six weeks ago, he quit three weeks ago. So the state technically doesn't even have a witness.
[38:16.960 --> 38:26.960] Now, even there was a county officer that did show up at the last minute and naturally.
[38:26.960 --> 38:30.960] Did he see the offense being committed?
[38:30.960 --> 38:36.960] Not committed. He's no witness.
[38:36.960 --> 38:53.960] Well, and that's what I say. I say, since the talk in any police department has no state witness and any person testifying in this case is Tuesday likewise through the poison tree.
[38:53.960 --> 39:09.960] Yeah, he's a co conspirator and a criminal. He's culpable as a, after the fact I'm trying to think of the exact terms.
[39:09.960 --> 39:21.960] He's he contributed after the fact to the to the original crime. So you charge him with the same thing you charge the other officer with.
[39:21.960 --> 39:30.960] You just don't know who that that county officer is and when I was attempting to get a little information.
[39:30.960 --> 39:39.960] Okay, I like Divya's stuff. You might go to him and say, look, I was going to be close this other guy, but I didn't know who he was.
[39:39.960 --> 39:44.960] Will you tell me who he is so I can be close him?
[39:44.960 --> 39:52.960] Go ahead and throw him under the bus for me.
[39:52.960 --> 40:08.960] And then talk about more violations. Even that court, the notice of the hearing was even in violation of law, according to 28.01 because on Tuesday, the six.
[40:08.960 --> 40:16.960] This is past week. I got a phone call from the bail bond company saying that there was a notice of hearing by telephone.
[40:16.960 --> 40:30.960] Well, then the court clerk, I got a notice today. So then I said likewise, Linda Wallace, the county clerk male notice on June 6th defendant received notice in the mail on on Friday, June 9th.
[40:30.960 --> 40:43.960] The hearing is set for Tuesday, June 13th. So technically, I only got two days where the statutory requirement says you get not less than 17.
[40:43.960 --> 40:57.960] So I pointed that out in here too, and talking about the pre trial hearing. So it's going to be interesting to see because usually once you go there, I'm going to be stuffing so much paperwork in this thing.
[40:57.960 --> 41:07.960] It's going to be recorded. And oh, you need my preservation of rights motion.
[41:07.960 --> 41:12.960] Because you already have that.
[41:12.960 --> 41:16.960] No, no, I need the counter claim and then the preservation of rights.
[41:16.960 --> 41:29.960] Preservation of rights demands that the prosecution answer every motion and that the court rule on every issue in every motion.
[41:29.960 --> 41:43.960] And notices the court failure to rule on any issue in any motion will be construed as a denial of your right to petition the court for redress grievance.
[41:43.960 --> 41:56.960] Well, when you file criminally against them for that, they can't, you know, you'll be able to say you gave them fair notice and opportunity.
[41:56.960 --> 42:00.960] So they acted with mens reyes.
[42:00.960 --> 42:04.960] Culpable intent.
[42:04.960 --> 42:15.960] So I'll get you all that in the morning. I was stitching together the website. I have built a lot of documentation.
[42:15.960 --> 42:25.960] But I finally got the site put together and got the form working. That was the hardest part.
[42:25.960 --> 42:38.960] Once I struggled through the PHP and got it all working, then I started that I put in a redirect on it so that when you fill out the
[42:38.960 --> 42:50.960] information on the ticket and hit submit, it redirects you to a backside page where it begins to explain all the things that are going to happen.
[42:50.960 --> 42:56.960] And it goes to the addresses, the documents that we'll be sending. I've been stitching all that together.
[42:56.960 --> 43:01.960] So the site's beginning to come together really well.
[43:01.960 --> 43:07.960] And I've done it all in clean HTML with no fancy formatting.
[43:07.960 --> 43:18.960] So it's all plain that way we can attach it to most anybody's website and just link to their CSS file.
[43:18.960 --> 43:23.960] And it'll take on the characteristics of their website.
[43:23.960 --> 43:26.960] We can go in and add classes easy enough.
[43:26.960 --> 43:33.960] So we don't have it very complex. It'll be easy to white label.
[43:33.960 --> 43:43.960] And the reason we want it easy, the white label is we're going to set this up as a monthly level so I can get people all over the state
[43:43.960 --> 43:49.960] and use making this available to people because there's six more six million tickets we can get to all of them.
[43:49.960 --> 43:54.960] So we're going to about to go to break it. I'm not falling off a cliff this time.
[43:54.960 --> 44:23.960] Randy Kelton, Rula Radio, we'll be right back.
[44:25.960 --> 44:29.960] From Defense Distributed, third place, the AR-308, 80% lower.
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[44:37.960 --> 44:42.960] Every $25 donation is a chance to win. That's the logosradionetwork.com.
[44:42.960 --> 44:47.960] Also, if you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
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[46:22.960 --> 46:38.960] Thank you.
[46:38.960 --> 46:40.960] Okay, we are back.
[46:40.960 --> 46:49.960] Randy Kelton of lulavlawradio on this the ninth day of June 2017,
[46:49.960 --> 46:53.960] and we're talking to Scott in Texas.
[46:53.960 --> 47:03.960] Okay, so this is the driving on invalid license that you received a year ago?
[47:03.960 --> 47:10.960] Yes, and I did a client B.
[47:10.960 --> 47:16.960] Okay, what did they, have they done anything in this year past?
[47:16.960 --> 47:23.960] No, right after I got bailed out at jail, I immediately stuck a counterclaim in,
[47:23.960 --> 47:26.960] and then they just went real quiet.
[47:26.960 --> 47:32.960] I didn't say nothing for a whole year, and now it's been just a little over a year,
[47:32.960 --> 47:35.960] now they want to pull the trigger and do something.
[47:35.960 --> 47:40.960] Do you also have a speedy trial motion in there?
[47:40.960 --> 47:44.960] No, I need to get one of them too, looks like.
[47:44.960 --> 47:47.960] Okay, speedy trial.
[47:47.960 --> 47:53.960] 3202A was overturned by the courts.
[47:53.960 --> 47:58.960] This is, it was the second time it was overturned by the courts.
[47:58.960 --> 48:04.960] And it appears as though the legislature deliberately wrote the statute,
[48:04.960 --> 48:08.960] so that it would be overturned by the courts.
[48:08.960 --> 48:16.960] It was overturned originally for mandating a judicial decision.
[48:16.960 --> 48:22.960] So they rewrote it, reenacted it, and it still mandated a judicial decision.
[48:22.960 --> 48:25.960] It was overturned a second time.
[48:25.960 --> 48:28.960] There's no way they didn't do that on purpose.
[48:28.960 --> 48:36.960] However, the statute stated, well, let me take a step back.
[48:36.960 --> 48:44.960] The statute said that if the court exceeds 30 days on a class C misdemeanor,
[48:44.960 --> 48:56.960] 60 on a class B, and I'm sorry, it's 120 on a class A, 180 on a felony,
[48:56.960 --> 48:59.960] then they violated the speedy trial act.
[48:59.960 --> 49:04.960] And the court would enter a judgment of not guilty.
[49:04.960 --> 49:11.960] Well, the court said you cannot order a verdict to court.
[49:11.960 --> 49:16.960] That's a matter for the judiciary and not a matter for the legislature.
[49:16.960 --> 49:26.960] What they could have put in there is what they put in 16.17 code of criminal procedure that says after an examining trial,
[49:26.960 --> 49:36.960] the court shall issue an order stating whether they bound the released person after liberty, bound him to the jail,
[49:36.960 --> 49:43.960] released him on bond, and seal it all up in an envelope in its court jurisdiction.
[49:43.960 --> 49:52.960] If they fail to do so within 48 hours, the defendant has a right to dismissal.
[49:52.960 --> 49:59.960] It establishes a right and does not mandate a ruling.
[49:59.960 --> 50:01.960] So they did that on purpose.
[50:01.960 --> 50:19.960] However, the time limits in the code that indicated when the legislature construed a case to not be timely was not overturned.
[50:19.960 --> 50:24.960] And I maintain after 30 days on a class A, class C misdemeanor,
[50:24.960 --> 50:32.960] the presumption must be that the prosecution is not timely.
[50:32.960 --> 50:37.960] 60 days on a class B, 90, class A, 120.
[50:37.960 --> 50:39.960] Let's see if let me get that right.
[50:39.960 --> 50:44.960] Maybe 60 on a class A. I'll have to recheck.
[50:44.960 --> 50:46.960] 60 sounds more reasonable.
[50:46.960 --> 50:50.960] 60, 90, 120, 180.
[50:50.960 --> 50:58.960] So I'll recheck the code for that, but I will make up a motion to dismiss or lack a speedy trial.
[50:58.960 --> 51:02.960] I have one demanding speedy trial, but I don't have a motion to dismiss.
[51:02.960 --> 51:06.960] I need to make one of those up.
[51:06.960 --> 51:12.960] Yeah, that'll be good because I'll stick several motions in there and to dismiss.
[51:12.960 --> 51:18.960] They're going to have to, once they start reading some of this stuff, if they do,
[51:18.960 --> 51:25.960] then they're going to realize they got a little bit of a problem here because there's some pretty stout law in this stuff.
[51:25.960 --> 51:34.960] And I'm pointing even at the county clerk how they're in violation of the law just on 28.01,
[51:34.960 --> 51:42.960] giving you two days written notice before a pretrial hearing, and then they don't even really say what it's about.
[51:42.960 --> 51:45.960] So that's kind of corny.
[51:45.960 --> 51:53.960] Well, are there at present any motions filed in the case?
[51:53.960 --> 51:55.960] I have no idea.
[51:55.960 --> 52:01.960] So the only person that would file a motion would have been the prosecutor, not me.
[52:01.960 --> 52:10.960] After you got the original ticket, were you ever summoned to court for an initial hearing?
[52:10.960 --> 52:13.960] I never got the original ticket.
[52:13.960 --> 52:16.960] I never got anything from the court.
[52:16.960 --> 52:22.960] All I got was a piece of paper from the bail bonds person, and that's it.
[52:22.960 --> 52:24.960] Oh, interesting.
[52:24.960 --> 52:36.960] Okay, so if you had been summoned, the only thing they could summon you to court for would have been an arraignment.
[52:36.960 --> 52:41.960] And if they've had an arraignment, then they have no authority to have another one.
[52:41.960 --> 52:48.960] So the only other reasons they can summon you is for a motion hearing or trial on the merits.
[52:48.960 --> 52:53.960] That's all that's left in 28.01.
[52:53.960 --> 53:05.960] So here could be for an arraignment hearing, but it can't be to meet with a prosecutor attorney.
[53:05.960 --> 53:08.960] But a word on strategy.
[53:08.960 --> 53:12.960] Don't you dare give them legal advice.
[53:12.960 --> 53:14.960] Oh, you know I won't.
[53:14.960 --> 53:19.960] Don't give the prosecutor fair warning that you think what he's doing is illegal.
[53:19.960 --> 53:25.960] Wait until he's done it, until he's ordered you to go into an office with him.
[53:25.960 --> 53:33.960] And when they do that to me, I say, oh, but you're the prosecutor attorney, and I don't talk to prosecutor attorneys.
[53:33.960 --> 53:38.960] And when they say, well, you have to talk to me, then that's enough.
[53:38.960 --> 53:43.960] Now that constitutes the offense.
[53:43.960 --> 53:51.960] Then depending on how the things are arranged, I like to call the bailiff and tell him I need him to come in here with me.
[53:51.960 --> 53:56.960] And when he comes in, the first thing I do is tell him to arrest the prosecutor.
[53:56.960 --> 54:01.960] Then you get to watch chicken dance.
[54:01.960 --> 54:04.960] Oh, yeah.
[54:04.960 --> 54:13.960] Well, there's going to be probably a little bit of fireworks going on with this deal. Of course, Ken's saying, don't do that.
[54:13.960 --> 54:15.960] Just mail it to him.
[54:15.960 --> 54:17.960] You'll get thrown in jail.
[54:17.960 --> 54:25.960] I was like, shoot, I might, you know, because these guys are probably wound up trying to get my butt tossed in the can.
[54:25.960 --> 54:31.960] So I can quit with all these other federal suits on these clowns.
[54:31.960 --> 54:34.960] Yeah, well, go dig.
[54:34.960 --> 54:37.960] Always go to court.
[54:37.960 --> 54:46.960] Always. If you don't go to court, they are certain to take advantage of that and issue a warrant for your arrest and then come after you.
[54:46.960 --> 54:55.960] And then they'll prosecute you for the failure to appear separate from the original citation. Always go to court.
[54:55.960 --> 55:00.960] Besides, you'll have good friend there. He'll take care of them.
[55:00.960 --> 55:12.960] Oh, yeah, I got a court watcher coming and I may actually have another one come with me, too, because I'm supposed to help do a court watch for him on Monday.
[55:12.960 --> 55:21.960] And so that's the case. I could have two court watchers in there and then their third party witnesses to all this stuff.
[55:21.960 --> 55:25.960] One of them needs to bring a recorder.
[55:25.960 --> 55:27.960] Oh, yeah.
[55:27.960 --> 55:36.960] You need to bring a recorder and a copy of Turner driver.
[55:36.960 --> 55:37.960] Okay.
[55:37.960 --> 55:43.960] Then you set the recorder out there on the table.
[55:43.960 --> 55:48.960] It always changes things when there's a recorder sitting there.
[55:48.960 --> 55:51.960] Right.
[55:51.960 --> 56:01.960] Well, that's going to be, like I say, it's going to be pretty interesting. And you think these guys would just may have gotten wind because they're right next door to rock wall.
[56:01.960 --> 56:10.960] And the way I've run through rock wall and gave all the other guys a warm welcome to the deep end of the pool.
[56:10.960 --> 56:15.960] They would have just called up and said, man, don't even bother. That's not even worth it.
[56:15.960 --> 56:20.960] But I guess their phone lines don't work that well. But who knows.
[56:20.960 --> 56:31.960] And maybe they don't like each other or maybe rock wall doesn't like them and wants to see you sick on them.
[56:31.960 --> 56:37.960] But that's, that's certainly how we want these people to think about us.
[56:37.960 --> 56:39.960] It'll here in Wise County.
[56:39.960 --> 56:44.960] The word is don't stop that rascal. Don't write him a ticket.
[56:44.960 --> 56:52.960] I just talked to my district attorney today and laughing, told him that some deputy wrote me a ticket here in Wise County.
[56:52.960 --> 56:56.960] He said, he did what? Why do you do that?
[56:56.960 --> 57:02.960] Well, he probably wouldn't have done it if I hadn't called 911 on him.
[57:02.960 --> 57:11.960] And as soon as I did, the dispatcher called him and told him and now he was furious and he kind of felt trapped into it.
[57:11.960 --> 57:22.960] And the best part was, is that he put JP to on the citation when I was in precinct three.
[57:22.960 --> 57:26.960] And I'm laughing. I said, now I get to beat up Johnson.
[57:26.960 --> 57:32.960] He said, well, this really should be tried in front of Hayes. I said, I know, but I like Hayes.
[57:32.960 --> 57:41.960] Sweet, pretty young girl. I don't want to go pick on her. And she's really an extremely pleasant human being.
[57:41.960 --> 57:48.960] I don't want to go beat her up. The cop threw Johnson under the bus. So this is wonderful.
[57:48.960 --> 57:56.960] He said, well, you could object and then have to move it to precinct three. I don't want him to. I want to beat up Johnson.
[57:56.960 --> 58:06.960] He's an ex cop. He's going to be a lot of fun. Besides, he'll be mad at this cop for throwing him under the bus.
[58:06.960 --> 58:16.960] I was having a great time at their expense and I get the county attorney to prosecute.
[58:16.960 --> 58:22.960] Oh, I told the district attorney that don't you tell James what I'm fixing to do to him?
[58:22.960 --> 58:27.960] Oh, I'm not going to tell him. I get the impression there's some tension there.
[58:27.960 --> 58:34.960] So I'm going to clobber James. James, when he ran for office, saw me in the courthouse and said,
[58:34.960 --> 58:41.960] I know about your radio station. If you remember, I know where you live. I went to school with your kids.
[58:41.960 --> 58:48.960] He's ready. We'll be right back. We'll be right back.
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[59:40.960 --> 59:50.960] Or visit us online at bfa.org.
[59:50.960 --> 59:59.960] Live free speech radio, logosradionetwork.com.
[59:59.960 --> 01:00:24.960] The following news flash is brought to you by The Lone Star Lowdown.
[01:00:24.960 --> 01:00:35.960] Today in History, the year 1953, the coronation of Queen Elizabeth II, crowned Queen of the United Kingdom, Canada, Australia, New Zealand, and her other realms and territories,
[01:00:35.960 --> 01:00:40.960] and head of the Commonwealth, marks one of the first major international events to be televised.
[01:00:40.960 --> 01:00:46.960] Today in History.
[01:00:46.960 --> 01:00:54.960] In recent news, President Donald Trump announced the U.S. would withdraw from the U.N. Paris Accord on climate change this last Thursday yesterday,
[01:00:54.960 --> 01:01:02.960] stating that, quote, the U.S. will withdraw from the Paris Climate Accord but begin negotiations to reenter under the Paris Accord,
[01:01:02.960 --> 01:01:10.960] or a really entirely new transaction on terms that are fair to the United States, its businesses, its workers, its people, its taxpayers.
[01:01:10.960 --> 01:01:20.960] This could be predictably expected had G7, formerly G8 leaders, and a frenzy, notably Chinese dictatorship admiring Canadian Prime Minister Justin Trudeau,
[01:01:20.960 --> 01:01:27.960] who in a statement said that, quote, we are deeply disappointed that the United States federal government has decided to withdraw from the Paris Agreement,
[01:01:27.960 --> 01:01:34.960] or French Socialist President Emmanuel Macron saying that it's, quote, a mistake for our planet, wherever we live, whoever we are,
[01:01:34.960 --> 01:01:40.960] we all share the same responsibility to make our planet great again, along with U.K. Prime Minister Theresa May,
[01:01:40.960 --> 01:01:46.960] German Chancellor Angela Merkel, and Italian Prime Minister Paolo Gentiloni, all stating disapproval as well.
[01:01:46.960 --> 01:01:53.960] Even Russia, eighth in the former G8, stated the great significance it saw in the Paris Agreement hours before Trump made his announcement,
[01:01:53.960 --> 01:01:59.960] not to mention a Vatican spokesman from the Holy See expressed the protest this May at President Trump's decision.
[01:01:59.960 --> 01:02:05.960] Unfortunately, world leaders and media pundits failed to ask the opinions of another more important base, the American taxpayer,
[01:02:05.960 --> 01:02:12.960] because they were never consulted via referendum or congressional vote when President Obama decided to unilaterally sign up the U.S.
[01:02:12.960 --> 01:02:16.960] to an agreement that would have major effects on industry in the United States,
[01:02:16.960 --> 01:02:23.960] or maybe they should have asked major climate change proponent, American adjunct professor in the Department of Earth and Environmental Sciences
[01:02:23.960 --> 01:02:30.960] at Columbia University, James Hansen, what he thought of the agreement, which he actually called a fraud, really, a fake.
[01:02:30.960 --> 01:02:37.960] It's just worthless words, mostly because there was no solution to CO2 emissions other than charging more for energy,
[01:02:37.960 --> 01:02:40.960] which would only disproportionately hurt the most vulnerable.
[01:02:40.960 --> 01:02:44.960] The low-star lowdown is currently looking for sponsors.
[01:02:44.960 --> 01:02:52.960] If you ever applied for a service, you'd like to advertise with us, feel free to give me a call at 210-363-2257.
[01:02:52.960 --> 01:02:57.960] This was Rick Rody with your lowdown for June 2, 2017.
[01:02:57.960 --> 01:03:07.960] It's all according to the will of the Almighty.
[01:03:07.960 --> 01:03:12.960] I read His book, and it says,
[01:03:12.960 --> 01:03:16.960] Care's come for the old man.
[01:03:16.960 --> 01:03:18.960] Okay, we are back.
[01:03:18.960 --> 01:03:25.960] Randy Kelton and Rue LaGuardia on this, the ninth day of June, 2017.
[01:03:25.960 --> 01:03:27.960] And we're talking to Scott.
[01:03:27.960 --> 01:03:29.960] The phone lines are open.
[01:03:29.960 --> 01:03:31.960] The boards are empty, so we have lots of room.
[01:03:31.960 --> 01:03:34.960] If you have a question or comment, give us a call.
[01:03:34.960 --> 01:03:38.960] 512-646-1984.
[01:03:38.960 --> 01:03:48.960] Okay, Scott, don't you have a couple of two or three lawsuits going on?
[01:03:48.960 --> 01:03:52.960] Oh, I guess I can hear you better if I unmute you.
[01:03:52.960 --> 01:03:55.960] Okay, start again, I heard you muted.
[01:03:55.960 --> 01:04:04.960] Okay, I have three lawsuits going on, some cops, one in Mesquite, one in Addison, and one in Rockwall.
[01:04:04.960 --> 01:04:13.960] And they're in default, but we got the district magistrate judge going major roadblocks up.
[01:04:13.960 --> 01:04:23.960] And so now we're having to do a little research into some rules to see where they had the authority
[01:04:23.960 --> 01:04:29.960] to even start making all these screenings and different things like that,
[01:04:29.960 --> 01:04:33.960] because I never invoke the magistrates to start with.
[01:04:33.960 --> 01:04:40.960] So that's getting into a whole new ballgame right there, trying to figure out how those...
[01:04:40.960 --> 01:04:47.960] Did you file these under inability to pay?
[01:04:47.960 --> 01:04:51.960] Yes, I did do informed poppers, I speak.
[01:04:51.960 --> 01:05:02.960] Okay, informed poppers gives the court the authority to determine if the case is viable.
[01:05:02.960 --> 01:05:08.960] The court can dismiss the respondee.
[01:05:08.960 --> 01:05:23.960] So it's probably because you filed informed poppers that they're evaluating the cases to see if they're sufficient to let them pursue,
[01:05:23.960 --> 01:05:29.960] because essentially the feds have to pay for it.
[01:05:29.960 --> 01:05:35.960] Yeah, the thing about it is it's been going on for over six months now.
[01:05:35.960 --> 01:05:41.960] So I guess they get to just sit on it and deliberate as long as they...
[01:05:41.960 --> 01:05:48.960] That's excessive, that should get a mandamus.
[01:05:48.960 --> 01:05:57.960] And Ken was kind of talking about that too, so he's doing some research on some of this stuff.
[01:05:57.960 --> 01:06:13.960] And here's the thing, wanting to send a motion in or something to ask them where they got the authority to actually start invoking all this.
[01:06:13.960 --> 01:06:20.960] And because according to the rules, there is no rule for screenings or something like that.
[01:06:20.960 --> 01:06:26.960] And so it's almost like they're making up these rules as they go.
[01:06:26.960 --> 01:06:35.960] So if we can get the magistrate to say where they got their authority from, or if they don't say it all,
[01:06:35.960 --> 01:06:43.960] then that's going to give us another avenue to kind of go down to figure out how they're searching them, what they're doing.
[01:06:43.960 --> 01:06:45.960] Let me make a suggestion.
[01:06:45.960 --> 01:06:46.960] Sure.
[01:06:46.960 --> 01:06:54.960] Violate judicial conduct complaint against the magistrate.
[01:06:54.960 --> 01:06:58.960] Now, is that a federal or would that be to the state?
[01:06:58.960 --> 01:07:08.960] Federal. Federal is better than state because the federal is filed with the Fifth Circuit.
[01:07:08.960 --> 01:07:12.960] It's filed like a lawsuit.
[01:07:12.960 --> 01:07:24.960] So instead of a mandamus, make your argument to the Fifth Circuit under a jaconda complaint.
[01:07:24.960 --> 01:07:36.960] And so you get to give notice to the Fifth Circuit without actually asking anybody to rule in the case.
[01:07:36.960 --> 01:07:46.960] And the Fifth Circuit can look at this, and if there's good cause, then no harm, no foul.
[01:07:46.960 --> 01:07:51.960] But it puts a mark on the magistrate's record anyway.
[01:07:51.960 --> 01:07:57.960] And it lets him know if he messes around with you in the future, you'll do the same thing to him.
[01:07:57.960 --> 01:08:12.960] And it also gives the Fifth Circuit an opportunity to wag their finger at the magistrate and tell him to get off the dime without having to take an actual judicial stat.
[01:08:12.960 --> 01:08:16.960] Into the day it's all political.
[01:08:16.960 --> 01:08:30.960] I tell you what, I'm making a lot of political waves and I'm helping a lot of other people too to get them some of the information so that they can do these information requests and stuff like that.
[01:08:30.960 --> 01:08:43.960] Which is pretty good because now they're giving feedback like that guy that sent that letter from curvil on how the prosecutor has to have the criminal complaint.
[01:08:43.960 --> 01:08:47.960] You submit a criminal complaint to the prosecutor to give him the ability to prosecute.
[01:08:47.960 --> 01:08:57.960] Then when he refuses or shields prosecution, then you can move against him and move that criminal complaint on up to the attorney general.
[01:08:57.960 --> 01:09:04.960] Well, when you say criminal complaint, are you speaking just generally a criminal complaint?
[01:09:04.960 --> 01:09:08.960] A criminal complaint against the public official.
[01:09:08.960 --> 01:09:18.960] A criminal complaint against the public official, the prosecuting attorney has no power to decide whether or not to prosecute.
[01:09:18.960 --> 01:09:21.960] He is absolutely forbidden.
[01:09:21.960 --> 01:09:25.960] He must give it to the grand jury.
[01:09:25.960 --> 01:09:29.960] 2.03.
[01:09:29.960 --> 01:09:34.960] They ignore that statute like it's not there.
[01:09:34.960 --> 01:09:41.960] And I violate it against them for violating that statute all the time.
[01:09:41.960 --> 01:09:50.960] Well, that's going to be, you know, it's just more criminal complaints just working up the food chain on these people.
[01:09:50.960 --> 01:09:58.960] It takes time, but it seems like things are kind of picking up a little steam on some of this stuff.
[01:09:58.960 --> 01:10:08.960] And the funny thing is, now that I've turned in like criminal complaint to the attorney general or something, I don't get any responses back.
[01:10:08.960 --> 01:10:10.960] They don't reply at all.
[01:10:10.960 --> 01:10:17.960] In fact, the lady that wore the clerk over in Raines County, she didn't sign it.
[01:10:17.960 --> 01:10:20.960] She had a deputy sign this thing.
[01:10:20.960 --> 01:10:23.960] She didn't want to put her signature on it.
[01:10:23.960 --> 01:10:33.960] Well, that's what they need is they need someone coming in and making them nervous.
[01:10:33.960 --> 01:10:41.960] The one thing I get from these officials is this is the way we've always done it.
[01:10:41.960 --> 01:10:44.960] This is the way everybody else has done it.
[01:10:44.960 --> 01:10:47.960] This is the way everybody else has always been doing it.
[01:10:47.960 --> 01:10:53.960] And now you come along and say the way we've always been doing things is wrong.
[01:10:53.960 --> 01:11:00.960] Well, okay, I understand why they would be incredulous.
[01:11:00.960 --> 01:11:12.960] I had a justice of the peace tell me, Mr. Kelton, are you telling me that everybody in Texas is wrong and you're right?
[01:11:12.960 --> 01:11:14.960] I said, well, I'm going to tell you anything, Mark.
[01:11:14.960 --> 01:11:16.960] I just read the code.
[01:11:16.960 --> 01:11:18.960] Look at it.
[01:11:18.960 --> 01:11:20.960] Tell me if I missed something.
[01:11:20.960 --> 01:11:30.960] He couldn't find anything that I missed, but he couldn't accept that what he's always been doing is all of a sudden illegal.
[01:11:30.960 --> 01:11:32.960] So it's hard for them.
[01:11:32.960 --> 01:11:42.960] So we may have to get a couple of officials hung out to dry before we really start getting their attention.
[01:11:42.960 --> 01:11:48.960] Well, I'm a firm believer these public officials have cognitive dissidents.
[01:11:48.960 --> 01:11:57.960] I mean, they just flat out, they haven't read the code, I guess, in so long because they're just going on policy and procedure.
[01:11:57.960 --> 01:12:08.960] And what's clearly written in the law, they haven't read it in so long that it just draws a blank to them.
[01:12:08.960 --> 01:12:15.960] And then when you call them out on it, then they just get infuriated by it because they hate to be wrong.
[01:12:15.960 --> 01:12:17.960] But it's just like what you say.
[01:12:17.960 --> 01:12:19.960] It's like, I didn't write this stuff.
[01:12:19.960 --> 01:12:21.960] I just read it.
[01:12:21.960 --> 01:12:26.960] Now, I don't know how you take it, but I mean, these are the words on the page.
[01:12:26.960 --> 01:12:30.960] What do you think?
[01:12:30.960 --> 01:12:33.960] I'm pretty upset.
[01:12:33.960 --> 01:12:42.960] And that tells me when they get upset that they know they have a problem.
[01:12:42.960 --> 01:12:44.960] They shouldn't play poker.
[01:12:44.960 --> 01:12:49.960] And we certainly shouldn't back off.
[01:12:49.960 --> 01:12:54.960] It just takes, I've been doing this for a long time, but I'm just one person.
[01:12:54.960 --> 01:13:12.960] We've got you doing it. We've got Aliyah in Tennessee doing it. If we get this ticket program up and running and people begin to realize how bad the system is and how out of whack it is,
[01:13:12.960 --> 01:13:17.960] I suspect we'll get a lot more people doing it.
[01:13:17.960 --> 01:13:26.960] And I've been putting in some information requests to certain police stations or actually the courthouses.
[01:13:26.960 --> 01:13:33.960] And like I said, last week, I got the whole, all the tickets that were written in one week.
[01:13:33.960 --> 01:13:37.960] And that was 1045 in Plano.
[01:13:37.960 --> 01:13:44.960] And I just got the new list today, which was 1030.
[01:13:44.960 --> 01:13:51.960] These guys are writing over a thousand tickets a week every week.
[01:13:51.960 --> 01:13:56.960] Okay. I stand corrected. I thought you said 1100 and I said that on the air.
[01:13:56.960 --> 01:13:58.960] I lied.
[01:13:58.960 --> 01:14:00.960] Oops. Okay.
[01:14:00.960 --> 01:14:02.960] Thousands.
[01:14:02.960 --> 01:14:07.960] So it sounds like almost exactly the same number of tickets.
[01:14:07.960 --> 01:14:09.960] Yeah.
[01:14:09.960 --> 01:14:18.960] That's interesting. How do you manage to write exactly the same amount of tickets?
[01:14:18.960 --> 01:14:20.960] Yeah. Well, it is.
[01:14:20.960 --> 01:14:24.960] Does that sound like a quarter?
[01:14:24.960 --> 01:14:28.960] Yeah, yeah. It was 1145. So you were correct in stating what you did.
[01:14:28.960 --> 01:14:40.960] It was because the first two lines are full of their stuff. But yeah, it was 1145 the first week and 1030 this week.
[01:14:40.960 --> 01:14:52.960] Okay. Okay. And that's not quite as close. So it doesn't point so directly at a quota.
[01:14:52.960 --> 01:15:03.960] But that's a lot of tickets. How many tickets can a policeman reasonably write in a day?
[01:15:03.960 --> 01:15:15.960] Well, according to the 1145, if you figure every 20 on a 24 hour cycle, they have to be writing seven tickets per hour.
[01:15:15.960 --> 01:15:28.960] That's just a calculation. And from last week to this week, it's really only about 100 tickets more because you got 1145 and then 1030.
[01:15:28.960 --> 01:15:36.960] So really, they only wrote about 100 tickets more. And that was on a holiday weekend too, I believe, last weekend, weekend before last.
[01:15:36.960 --> 01:15:46.960] So they got a little bit more motivated or had an extra cop out there to get that extra 100. But they're pretty close.
[01:15:46.960 --> 01:15:54.960] It's going to be interesting to see what they come with next week and then the following week because now we're going to start getting an average.
[01:15:54.960 --> 01:16:05.960] And then once we find out what that average is, compare that to a couple of three bucks and see how that average maintains and how close it really is.
[01:16:05.960 --> 01:16:15.960] Then you're going to start seeing this does look more like a quota system. And that's just one city.
[01:16:15.960 --> 01:16:27.960] Yes, that's just so many. Once we start sending cards out to these people, I suspect we're going to get a bunch of people.
[01:16:27.960 --> 01:16:36.960] I'm hoping that we'll get a lot more listeners to the radio station as well because we'll put a link to that on the station.
[01:16:36.960 --> 01:16:40.960] And we'll get a lot more turnover.
[01:16:40.960 --> 01:16:59.960] OK, about to go to break. Randy Kelton will radio a call in number 512-646-1984. We'll be right back.
[01:16:59.960 --> 01:17:12.960] I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going back. I need my truth fit. I'd be lost without logos. And I really want to help keep this network on the air.
[01:17:12.960 --> 01:17:21.960] I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give because I spent it all on supplements. How can I help logos?
[01:17:21.960 --> 01:17:30.960] Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos with ordering your supplies or holiday gifts. First thing you do is clear your cookies.
[01:17:30.960 --> 01:17:42.960] Now, go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it. Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:42.960 --> 01:17:43.960] Do I pay extra?
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[01:17:44.960 --> 01:17:46.960] Do you have to do anything different when I order?
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[01:17:47.960 --> 01:17:48.960] Can I use my Amazon Prime?
[01:17:48.960 --> 01:17:49.960] No.
[01:17:49.960 --> 01:17:50.960] I mean, yes.
[01:17:50.960 --> 01:17:56.960] Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
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[01:17:57.960 --> 01:17:59.960] Happy holidays, logos.
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[01:20:20.960 --> 01:20:48.960] The Michael Mearris Proven Method
[01:20:48.960 --> 01:20:57.960] Right now I'm in the middle of a landlord tenant, kind of a dispute that I'm going through with my landlord.
[01:20:57.960 --> 01:21:04.960] And I'm going to have to have to fight this before I can take on the rest of that.
[01:21:04.960 --> 01:21:13.960] And I was wondering how long do I have to file the tort claim against the state hired security guard?
[01:21:13.960 --> 01:21:20.960] Generally two years. The fact that he stayed hired is irrelevant.
[01:21:20.960 --> 01:21:29.960] If he's a security guard, then he's not a peace officer.
[01:21:29.960 --> 01:21:38.960] He may have peace officer certification, but he's not employed in the capacity of a peace officer.
[01:21:38.960 --> 01:21:45.960] So it should be two years. That's normal for civil litigation.
[01:21:45.960 --> 01:21:54.960] And you said something about a patterned jury. When I go to the law library, how can I look that up? I have no idea what that is.
[01:21:54.960 --> 01:22:00.960] Patterned jury charges.
[01:22:00.960 --> 01:22:08.960] This is what the judge is going to charge the jury with at the end of the day.
[01:22:08.960 --> 01:22:18.960] He's going to say to them, these are the claims before the court. This is what you must find.
[01:22:18.960 --> 01:22:23.960] At the end of the day, that's all that matters.
[01:22:23.960 --> 01:22:34.960] So the first thing you do is look at the claim you want to make and then go find the patterned jury charges for those claims.
[01:22:34.960 --> 01:22:44.960] They're going to say for fraud by non-disclosure that the person must have made a proactive statement of fact that was not true.
[01:22:44.960 --> 01:22:55.960] The person must have expected that you would treat it as true, that you did treat it as true and was harmed thereby.
[01:22:55.960 --> 01:23:03.960] He's going to tell the jury, you must find each of these elements. If one of them is missing, you can't convict.
[01:23:03.960 --> 01:23:12.960] So for whatever your claim is, go look up the patterned jury charge that the judge is going to give the jury when the trial is over.
[01:23:12.960 --> 01:23:19.960] And make sure that in your case, you address each of those elements.
[01:23:19.960 --> 01:23:23.960] Miss one, you're toast.
[01:23:23.960 --> 01:23:28.960] And anything beyond those is fluff.
[01:23:28.960 --> 01:23:36.960] You can address other issues, but you should only address other issues if they enhance these elements.
[01:23:36.960 --> 01:23:43.960] It will save you a lot of time and grief and help you focus your case.
[01:23:43.960 --> 01:23:54.960] So that's why I say the first thing you should do when you're putting together a case is look at the last thing the court's going to do.
[01:23:54.960 --> 01:23:57.960] Then you know where to start. Okay, does that make sense?
[01:23:57.960 --> 01:24:02.960] Yeah. Do you know very much about why I'm Lord Tenant stuff?
[01:24:02.960 --> 01:24:24.960] I'm not my area for the most part, but for the most part, if a reasonable person of ordinary prudence looks at something and it appears as though from a neutral perspective that what they're seeing is wrong, it's probably in code somewhere.
[01:24:24.960 --> 01:24:32.960] I use that a lot in what I do and it seems always to stand well for me.
[01:24:32.960 --> 01:24:38.960] Are there judges out here in Arizona that stick up for landlords for some reason?
[01:24:38.960 --> 01:24:43.960] Because it seems like all the CD ones are out here in Arizona.
[01:24:43.960 --> 01:24:54.960] We were going to have a guest on last night, but she was in central Mexico and they were having storms and she couldn't get out on the phone.
[01:24:54.960 --> 01:25:03.960] But she was going to explain how these judges are collecting their graft and payoffs and laundering the money.
[01:25:03.960 --> 01:25:05.960] Right.
[01:25:05.960 --> 01:25:12.960] Basically where she's going is she's saying, look at the properties they own.
[01:25:12.960 --> 01:25:19.960] So when you have a judge, you have a right to his financials, so you request a copy of his financial statements.
[01:25:19.960 --> 01:25:28.960] And then you look at the portions of it he did not fill in because a lot of times they leave a bunch of stuff out.
[01:25:28.960 --> 01:25:35.960] They go down to the county recorder's office and do a search for properties under this judge's name.
[01:25:35.960 --> 01:25:43.960] And when you find the properties, look in the record and see how many times they have been financed.
[01:25:43.960 --> 01:25:51.960] If you find properties that the judge bought and in two or three years they were paid off and then he got another mortgage on it.
[01:25:51.960 --> 01:25:56.960] In another two or three years that was paid off and he got another one and it was paid off.
[01:25:56.960 --> 01:26:02.960] This is how a technique they're using to launder their graft money.
[01:26:02.960 --> 01:26:08.960] They're not paying off the mortgages. Somebody else is.
[01:26:08.960 --> 01:26:14.960] So they get a mortgage and they can show how they took this money out of the property.
[01:26:14.960 --> 01:26:24.960] Then somebody else pays off the mortgage and it looks like they put this mortgage back into this amount of money back into the property.
[01:26:24.960 --> 01:26:29.960] That leaves this money completely laundered.
[01:26:29.960 --> 01:26:39.960] That's a nice trick. When you start looking into their financials and start looking at their properties, if they're dirty, they're going to run for the hills.
[01:26:39.960 --> 01:26:44.960] Or they're going to start ruling in your favor to keep you from coming after them.
[01:26:44.960 --> 01:26:49.960] Well, I look at this, the judge's financial statement.
[01:26:49.960 --> 01:26:57.960] Do I look for like the property, like this property, you look at this apartment's property, specifically in name?
[01:26:57.960 --> 01:27:07.960] Yeah, any property, whether in his name or go to the county clerk and look for any DBAs the judge may have.
[01:27:07.960 --> 01:27:11.960] Companies that he's doing business as.
[01:27:11.960 --> 01:27:14.960] And then search for those companies.
[01:27:14.960 --> 01:27:20.960] Very unlikely the judge would put the property in his own name because that would point directly at him.
[01:27:20.960 --> 01:27:24.960] He would most likely put it in a company that he owned.
[01:27:24.960 --> 01:27:29.960] And he's using it in the county. He has to have a DBA in the county.
[01:27:29.960 --> 01:27:35.960] So you find his companies and check on those.
[01:27:35.960 --> 01:27:49.960] When you start checking into his financials, if he is dirty, then he's either going to disappear and another judge takes place or he's going to start ruling in your favor to get you off his case.
[01:27:49.960 --> 01:28:00.960] And if he does disappear and you get another judge, the other judge is going to be on notice that you're looking real careful into the judge's financial.
[01:28:00.960 --> 01:28:06.960] So if they're taking any kind of bribes, good chance you're going to find it.
[01:28:06.960 --> 01:28:11.960] One of the advantages a pro se has, a lawyer would never do that.
[01:28:11.960 --> 01:28:15.960] They'd put him out of business.
[01:28:15.960 --> 01:28:22.960] But then you're not allowed.
[01:28:22.960 --> 01:28:26.960] That's if you believe the judges are corrupt.
[01:28:26.960 --> 01:28:36.960] Now, as to you're not having the money to pay to do these suits, have you looked into filing as under inability to pay?
[01:28:36.960 --> 01:28:53.960] Oh, yeah, they already granted that like three weeks ago. The judge is 240 bucks to file with the state against the state at the superior court downtown here in Tucson.
[01:28:53.960 --> 01:28:58.960] And that's where I filed that. And it was 240 bucks. They already waived it.
[01:28:58.960 --> 01:29:07.960] And I was wondering, because I'm having to fight with this landlord tenant thing. This landlord is making up accusations that are absolutely not true.
[01:29:07.960 --> 01:29:09.960] My neighbors know that it's not true.
[01:29:09.960 --> 01:29:20.960] He's saying that I play in music loud, that I've got a gasoline threat, and so, you know, I'm storing gasoline in my apartment and all this.
[01:29:20.960 --> 01:29:31.960] And it's just all false. And it was right after I had an injunction for harassment filed on this guy's landlord.
[01:29:31.960 --> 01:29:38.960] I mean, on his maintenance guy. The guy is supposed to do maintenance around here, which he doesn't very little or any of it.
[01:29:38.960 --> 01:29:54.960] But right after he got served on the injunction for harassment, right the very next day is when I got this paperwork saying that I've been playing music loud.
[01:29:54.960 --> 01:29:59.960] I don't listen to loud music at all. I listen to classical music.
[01:29:59.960 --> 01:30:10.960] Email is a convenient way to send and receive information, but it can also let advertisers snoop on you. Invisible web bugs and email messages could be monitoring your every click.
[01:30:10.960 --> 01:30:33.960] I'm Dr. Catherine Albrecht and I'll be back with more in just a moment.
[01:30:40.960 --> 01:30:54.960] Web bugs, web beacons, pixel tags, and clear gifts. They have many names, but these tiny invisible image files usually have one purpose only, to track your online behavior.
[01:30:54.960 --> 01:31:07.960] Web bugs are commonly used on web pages, but they can also be embedded in email messages to report exactly when you open a message, the IP address of the computer that read the message, and whether you click on links contained in the message.
[01:31:07.960 --> 01:31:19.960] The best way to fight a web bug invasion is to use a privacy-friendly email service that filters them out. You can also set your email client to block email message images or opt for a text-only email.
[01:31:19.960 --> 01:31:29.960] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.960 --> 01:31:42.960] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:33:22.960 --> 01:33:33.960] Okay, we are back. Randy Kelton, Rula Radio on this the ninth day of June 2017, and we're talking to Barrett in Arizona.
[01:33:33.960 --> 01:33:44.960] Okay, Barrett, so you've got the inability to pay down, so what's the difficulty?
[01:33:44.960 --> 01:33:56.960] Well, you said I have two years from the, I think, I'm assuming the date of the occurrence, or are you going by the date that the judge says okay?
[01:33:56.960 --> 01:34:08.960] No, the date is the last claim you have against him. The date of occurrence.
[01:34:08.960 --> 01:34:13.960] Okay, so two years from the occurrence date. So I've got a good year and a half.
[01:34:13.960 --> 01:34:16.960] You're good, you're good.
[01:34:16.960 --> 01:34:26.960] All right, and how can, oh, how can, if this, I don't know if this judge is going to be in this owner's, this property owner's pocket or not,
[01:34:26.960 --> 01:34:35.960] but how can this, all my neighbors say that, hey, this guy's totally full of garbage because you're not loud, you don't play loud music,
[01:34:35.960 --> 01:34:46.960] you don't have gas and garbage all over your place, and the guy has been harassing you, so I don't see how this person, this owner can possibly think that you can make it.
[01:34:46.960 --> 01:34:55.960] Wait, wait, wait, hold on, hold on. You got a, what was the claim you got against his maintenance man?
[01:34:55.960 --> 01:35:05.960] Oh, harassment, throwing garbage in the front of my place, throwing cigarette butts, turned off my water once,
[01:35:05.960 --> 01:35:16.960] and, gosh, just got in my face and is yelling and then told me to get out of his face when I even had a witness saying that he got into my face
[01:35:16.960 --> 01:35:18.960] and was screaming at me to get out.
[01:35:18.960 --> 01:35:28.960] Okay, so you got a restraining order against him and it was right after that that this started. That sounds like retaliation.
[01:35:28.960 --> 01:35:34.960] Well, yeah, I'm hoping that any judge, because this is the next day that he made this claim.
[01:35:34.960 --> 01:35:37.960] That should get a criminal complaint.
[01:35:37.960 --> 01:35:43.960] 14 days, and if I don't clear out, he's going to have me forcibly removed, but I have to have my day in court.
[01:35:43.960 --> 01:35:50.960] He's trying to make me think that I'm not going to get a day in court, that the cops, if I'm not out, that the cops, he's trying to make me believe this,
[01:35:50.960 --> 01:35:58.960] that if I'm not out, that the cops are just going to throw me out and my pets too and everything out on the street.
[01:35:58.960 --> 01:36:02.960] Well, have you petitioned for a restraining order against him?
[01:36:02.960 --> 01:36:05.960] No, no.
[01:36:05.960 --> 01:36:12.960] You should petition. If he's making threats, you know, everything that's to be done needs to be done in the court.
[01:36:12.960 --> 01:36:25.960] If he's making threats against you, that should get a restraining order and you might consider charging him with retaliation.
[01:36:25.960 --> 01:36:30.960] Where do I go to charge him with retaliation? Because it really looks like it is.
[01:36:30.960 --> 01:36:35.960] That's a criminal charge.
[01:36:35.960 --> 01:36:45.960] When you go to the court and get an order from the court and somebody retaliates against you for that, that's generally a felony.
[01:36:45.960 --> 01:36:47.960] Oh, wow, okay.
[01:36:47.960 --> 01:36:51.960] The courts will get real excited about that.
[01:36:51.960 --> 01:36:56.960] The court wants you to take their ruling seriously.
[01:36:56.960 --> 01:37:07.960] And if somebody thinks that they can come back after you because of what the court rules, the court is likely to drop the hammer on them.
[01:37:07.960 --> 01:37:12.960] Because it does look like he's sticking up for the maintenance. Yeah, it really does.
[01:37:12.960 --> 01:37:16.960] This max of retaliation.
[01:37:16.960 --> 01:37:23.960] Look up the retaliation statute in Arizona.
[01:37:23.960 --> 01:37:28.960] You're definitely going to have one. What's his retaliation in general?
[01:37:28.960 --> 01:37:35.960] Yeah, this is a retaliation. It's not just that he's retaliating against you.
[01:37:35.960 --> 01:37:44.960] He's retaliating against you because of your action before a governmental tribunal.
[01:37:44.960 --> 01:37:48.960] Do I go back to the Superior Court for that, to file that one?
[01:37:48.960 --> 01:37:52.960] Oh, you go to the police for that.
[01:37:52.960 --> 01:37:57.960] Oh, so just dial 9-1-1 for that?
[01:37:57.960 --> 01:38:00.960] Yeah.
[01:38:00.960 --> 01:38:04.960] Or just go to the police station.
[01:38:04.960 --> 01:38:07.960] Okay.
[01:38:07.960 --> 01:38:13.960] Yeah, because he's making all these false statements that I can prove are false.
[01:38:13.960 --> 01:38:20.960] Because I don't listen to classical music. Who listens to classical music? You know, the violins and piano.
[01:38:20.960 --> 01:38:24.960] Wow. So, you know, who does that? I don't.
[01:38:24.960 --> 01:38:27.960] But anyway, it's how it is.
[01:38:27.960 --> 01:38:31.960] Well, maybe he really doesn't like classical music.
[01:38:31.960 --> 01:38:36.960] Yeah, maybe. It would calm him down. That's for sure. It calms me down.
[01:38:36.960 --> 01:38:38.960] But anyway, it's true.
[01:38:38.960 --> 01:38:47.960] When you go after him for retaliation, that's likely to calm him down a whole lot.
[01:38:47.960 --> 01:38:50.960] I hope so. I hope so.
[01:38:50.960 --> 01:38:56.960] Because he's really coming back for this guy that's been harassing me for a year and a half.
[01:38:56.960 --> 01:39:02.960] And I failed at the first attempt to get a restraining order on him.
[01:39:02.960 --> 01:39:08.960] And then I waited a whole year until I thought I got sick of it enough to where I just told the manager of the owner
[01:39:08.960 --> 01:39:13.960] that I'm not going to pay rent until you do something about this guy.
[01:39:13.960 --> 01:39:17.960] Well, I'm going to go down to the Superior Court. Hold on here.
[01:39:17.960 --> 01:39:23.960] I just did a search for retaliation Arizona, retaliation statute Arizona.
[01:39:23.960 --> 01:39:29.960] And I hit on 33-1491 under property.
[01:39:29.960 --> 01:39:37.960] Retaliatory conduct prohibited semicolon eviction, except as provided in this section,
[01:39:37.960 --> 01:39:43.960] a landlord shall not retaliate by increasing rent or decreasing services
[01:39:43.960 --> 01:39:50.960] or by bringing or threatening to bring an action for eviction after any of the following.
[01:39:50.960 --> 01:39:56.960] The tenant has complained to a governmental agency charged with responsibility
[01:39:56.960 --> 01:40:01.960] for enforcement of building or housing code of evaluation appliance
[01:40:01.960 --> 01:40:05.960] applicable to the premises materially affecting health and safety.
[01:40:05.960 --> 01:40:09.960] The tenant has complained to the landlord of the violation under this chapter.
[01:40:09.960 --> 01:40:14.960] The tenant has organized or become a member of the tenant's union or similar organization.
[01:40:14.960 --> 01:40:19.960] The tenant has filed an action against the landlord in the appropriate court
[01:40:19.960 --> 01:40:23.960] but with the appropriate hearing officer.
[01:40:23.960 --> 01:40:27.960] If the landlord acts in violation of subsection A of this section,
[01:40:27.960 --> 01:40:34.960] the tenant is entitled to the remedies provided in section 33-1475
[01:40:34.960 --> 01:40:37.960] and has a defense in action against him for eviction.
[01:40:37.960 --> 01:40:43.960] An action by or against the tenant evidence of a complaint within six months
[01:40:43.960 --> 01:40:47.960] prior to the alleged act of retaliation creates a presumption
[01:40:47.960 --> 01:40:52.960] that the landlord's conduct was in retaliation.
[01:40:52.960 --> 01:40:55.960] The presumption does not arise if the tenant made the complaint
[01:40:55.960 --> 01:40:59.960] after notice of termination of the rental agreement.
[01:40:59.960 --> 01:41:04.960] You got a claim under 33-1491.
[01:41:04.960 --> 01:41:06.960] Write that down.
[01:41:06.960 --> 01:41:09.960] What's the first one? You said 13- what?
[01:41:09.960 --> 01:41:15.960] No, 33-1491.
[01:41:15.960 --> 01:41:25.960] That's the 33 is the Texas Tire, Arizona property code.
[01:41:25.960 --> 01:41:30.960] Okay, 33-1491 and what's the other?
[01:41:30.960 --> 01:41:34.960] And they are ARS codes?
[01:41:34.960 --> 01:41:40.960] They're, yeah, Arizona revised statutes.
[01:41:40.960 --> 01:41:43.960] That is not in these shorts.
[01:41:43.960 --> 01:41:47.960] There is a presumption of retaliation.
[01:41:47.960 --> 01:41:49.960] So you have the presumption in your favor.
[01:41:49.960 --> 01:41:52.960] You don't have to prove it.
[01:41:52.960 --> 01:41:56.960] He has to prove that he's not retaliating.
[01:41:56.960 --> 01:42:01.960] How do you prove a negative?
[01:42:01.960 --> 01:42:03.960] And whatever codes did you have?
[01:42:03.960 --> 01:42:05.960] Was that the only one?
[01:42:05.960 --> 01:42:07.960] That's the only one I found.
[01:42:07.960 --> 01:42:09.960] I didn't do complete research.
[01:42:09.960 --> 01:42:11.960] That's your job.
[01:42:11.960 --> 01:42:16.960] This open door now do some case law research.
[01:42:16.960 --> 01:42:23.960] Just do a search for property code 33-1491.
[01:42:23.960 --> 01:42:26.960] You'll get hits directly on 1491,
[01:42:26.960 --> 01:42:31.960] but you'll also get hits from lawyers who have written papers
[01:42:31.960 --> 01:42:33.960] that deal with this issue,
[01:42:33.960 --> 01:42:37.960] and they'll tell you how to pursue it.
[01:42:37.960 --> 01:42:39.960] Okay.
[01:42:39.960 --> 01:42:44.960] All right, and how can I listen to your program right now
[01:42:44.960 --> 01:42:47.960] on the internet, where do I go?
[01:42:47.960 --> 01:42:52.960] Ruleoflawradio.com and listen live.
[01:42:52.960 --> 01:42:54.960] Okay, all right, great.
[01:42:54.960 --> 01:42:56.960] All right, thanks for the advice.
[01:42:56.960 --> 01:42:57.960] I appreciate it.
[01:42:57.960 --> 01:43:00.960] All righty, good luck.
[01:43:00.960 --> 01:43:04.960] Okay, now we're going to go to Olivier in Tennessee.
[01:43:04.960 --> 01:43:06.960] Hello, Olivier.
[01:43:06.960 --> 01:43:10.960] Hey, hello.
[01:43:10.960 --> 01:43:12.960] Hello, can you hear me?
[01:43:12.960 --> 01:43:14.960] Can you hear?
[01:43:14.960 --> 01:43:16.960] Okay.
[01:43:16.960 --> 01:43:19.960] Yeah, I went to the court today
[01:43:19.960 --> 01:43:22.960] and dropped off the paperwork for Troy,
[01:43:22.960 --> 01:43:24.960] and I talked to the clerk,
[01:43:24.960 --> 01:43:28.960] and she was telling me that the judges come in every day
[01:43:28.960 --> 01:43:33.960] and look at the files and look over,
[01:43:33.960 --> 01:43:37.960] and hear music coming up.
[01:43:37.960 --> 01:43:39.960] Can you hear me?
[01:43:39.960 --> 01:43:42.960] I miss what you said, the music's coming up.
[01:43:42.960 --> 01:43:44.960] I don't hear it at all.
[01:43:44.960 --> 01:43:46.960] I'll say, okay, so good.
[01:43:46.960 --> 01:43:48.960] Okay, hang on.
[01:43:48.960 --> 01:43:52.960] Ruleoflawradio, I call it number 512-646-1984.
[01:43:52.960 --> 01:44:21.960] We'll be right back.
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[01:46:26.960 --> 01:46:29.960] Okay, we are back.
[01:46:29.960 --> 01:46:31.960] Randy Kelton, Rula Radio.
[01:46:31.960 --> 01:46:33.960] We have some room on the caller board.
[01:46:33.960 --> 01:46:37.960] Our calling number is 512-646-1984,
[01:46:37.960 --> 01:46:41.960] and we're going to Olivier in Tennessee,
[01:46:41.960 --> 01:46:45.960] who kept me from falling off the cliff.
[01:46:45.960 --> 01:46:49.960] Okay, so you, the judges come in
[01:46:49.960 --> 01:46:52.960] and look at the records in the morning.
[01:46:52.960 --> 01:46:56.960] That's what she told me, and she said that it's going to be
[01:46:56.960 --> 01:47:01.960] titled for motion for appeal tomorrow.
[01:47:01.960 --> 01:47:04.960] And she said that she's not sure,
[01:47:04.960 --> 01:47:07.960] but if it's pertinent, they use the address bit,
[01:47:07.960 --> 01:47:09.960] and if they need more than one judge,
[01:47:09.960 --> 01:47:16.960] they gather the judges and deal with whatever the situation is.
[01:47:16.960 --> 01:47:22.960] Okay, so have you, okay, you don't know if the feds
[01:47:22.960 --> 01:47:24.960] have spoke to anybody yet.
[01:47:24.960 --> 01:47:26.960] Did you go to the sheriff and make a complaint
[01:47:26.960 --> 01:47:29.960] against the judge?
[01:47:29.960 --> 01:47:32.960] Not yet, because I've been to prison.
[01:47:32.960 --> 01:47:39.960] Okay, that you don't want to do too formally.
[01:47:39.960 --> 01:47:42.960] If I really want to push a complaint,
[01:47:42.960 --> 01:47:45.960] I'll go in with a verified criminal affidavit.
[01:47:45.960 --> 01:47:48.960] But when I'm just doing politics,
[01:47:48.960 --> 01:47:50.960] and that's what this is,
[01:47:50.960 --> 01:47:53.960] Olivier has a friend who's in jail.
[01:47:53.960 --> 01:47:56.960] They convicted him and were supposed to release him
[01:47:56.960 --> 01:48:02.960] until his time for the motion for a reconsideration
[01:48:02.960 --> 01:48:06.960] and appeal were exhausted.
[01:48:06.960 --> 01:48:09.960] But they threw him in jail immediately,
[01:48:09.960 --> 01:48:12.960] apparently in order to prevent him from being able
[01:48:12.960 --> 01:48:15.960] to file an effective appeal.
[01:48:15.960 --> 01:48:20.960] Am I correct so far?
[01:48:20.960 --> 01:48:23.960] Actually, he was out on bail already.
[01:48:23.960 --> 01:48:30.960] So the bail that he was out on should be good for the appeal.
[01:48:30.960 --> 01:48:33.960] That's what the judges say.
[01:48:33.960 --> 01:48:39.960] So they essentially revoked that bail and set a higher bail.
[01:48:39.960 --> 01:48:42.960] So this has the appearance.
[01:48:42.960 --> 01:48:44.960] They broke the bail and just incarcerated him.
[01:48:44.960 --> 01:48:48.960] He had to petition the court for a bail.
[01:48:48.960 --> 01:48:54.960] But they set a bail, they set a $5,000 cash bar.
[01:48:54.960 --> 01:48:56.960] Yes, so they denied him bail.
[01:48:56.960 --> 01:48:58.960] It sounds like they're trying to trap him in jail
[01:48:58.960 --> 01:49:03.960] to prevent him from filing an appeal.
[01:49:03.960 --> 01:49:06.960] So you go to the sheriff and make this argument
[01:49:06.960 --> 01:49:11.960] to the sheriff without a written complaint.
[01:49:11.960 --> 01:49:13.960] And you act like you're ignorant.
[01:49:13.960 --> 01:49:16.960] You don't know how you're really supposed to do this.
[01:49:16.960 --> 01:49:22.960] And the sheriff will say, well, I'll look into it, and he will.
[01:49:22.960 --> 01:49:24.960] He'll call the judge and tell the judge
[01:49:24.960 --> 01:49:29.960] there's some guy down here trying to get me to arrest you.
[01:49:29.960 --> 01:49:34.960] And he'll call the judge to give the judge a heads up.
[01:49:34.960 --> 01:49:38.960] And that's exactly what you want.
[01:49:38.960 --> 01:49:43.960] I think, hold on, do you really want your friend out of jail?
[01:49:43.960 --> 01:49:46.960] I understand he's not having too much difficulty
[01:49:46.960 --> 01:49:49.960] in there at the moment, is he?
[01:49:49.960 --> 01:49:51.960] No.
[01:49:51.960 --> 01:49:55.960] His parents were in another state,
[01:49:55.960 --> 01:49:58.960] but they're about to come down next week and ball them out.
[01:49:58.960 --> 01:50:05.960] But I'm trying to work this system and avoid the flow of cash
[01:50:05.960 --> 01:50:07.960] for no reason.
[01:50:07.960 --> 01:50:10.960] Yeah, that's the one thing they're trying to do,
[01:50:10.960 --> 01:50:12.960] is run you out of cash.
[01:50:12.960 --> 01:50:15.960] If he gets out on bond, good chance.
[01:50:15.960 --> 01:50:19.960] A couple days he'll get arrested again and charges some garbage
[01:50:19.960 --> 01:50:21.960] so they can throw him back in again,
[01:50:21.960 --> 01:50:26.960] set another high bond until he runs out of cash and can't get out.
[01:50:26.960 --> 01:50:30.960] That's the kind of stuff they do.
[01:50:30.960 --> 01:50:35.960] So if he's not having a real problem being in,
[01:50:35.960 --> 01:50:39.960] how much time did they give him?
[01:50:39.960 --> 01:50:41.960] 60 days.
[01:50:41.960 --> 01:50:47.960] So how many days has he served total so far?
[01:50:47.960 --> 01:50:51.960] Almost three weeks.
[01:50:51.960 --> 01:50:56.960] When they give you 60 days,
[01:50:56.960 --> 01:50:59.960] do you actually basically serve 60 days,
[01:50:59.960 --> 01:51:01.960] or do they give you credit?
[01:51:01.960 --> 01:51:06.960] Like in Texas, you get an extra day for every day you're in.
[01:51:06.960 --> 01:51:08.960] I think they get credit,
[01:51:08.960 --> 01:51:10.960] but I don't think it's the extra day for every day you're in.
[01:51:10.960 --> 01:51:14.960] I don't know how they do it, but you do get credit for it.
[01:51:14.960 --> 01:51:20.960] So how much time is left for him
[01:51:20.960 --> 01:51:24.960] that he'll be released anyway?
[01:51:24.960 --> 01:51:28.960] Not sure.
[01:51:28.960 --> 01:51:29.960] Oh, okay.
[01:51:29.960 --> 01:51:31.960] Well, you might not want to calculate that,
[01:51:31.960 --> 01:51:34.960] but I take it you're not,
[01:51:34.960 --> 01:51:39.960] that getting him out immediately is not a major criteria.
[01:51:39.960 --> 01:51:47.960] You like the idea more of using the time as false imprisonment.
[01:51:47.960 --> 01:51:51.960] Well, that too, but the thing is,
[01:51:51.960 --> 01:51:52.960] the money's coming from his parents,
[01:51:52.960 --> 01:51:55.960] his parents are going to be coming from another state,
[01:51:55.960 --> 01:51:56.960] traveling and all that,
[01:51:56.960 --> 01:52:01.960] so trying to avoid all that if possible.
[01:52:01.960 --> 01:52:08.960] And plus, it's your experience, a learning experience.
[01:52:08.960 --> 01:52:09.960] It'll be a good learning experience,
[01:52:09.960 --> 01:52:13.960] especially if he's teaching the guys that are in jail,
[01:52:13.960 --> 01:52:21.960] and maybe he can get something started where they can pay it forward.
[01:52:21.960 --> 01:52:25.960] But I was looking at some case law,
[01:52:25.960 --> 01:52:31.960] and I found a case law where I guess one lady got found
[01:52:31.960 --> 01:52:34.960] some type of contempt criminal charge,
[01:52:34.960 --> 01:52:39.960] and they, I guess she got found guilty or whatnot,
[01:52:39.960 --> 01:52:42.960] and they incarcerated her.
[01:52:42.960 --> 01:52:48.960] And the appeals court said that she had the right to bail,
[01:52:48.960 --> 01:52:53.960] and because that right was violated,
[01:52:53.960 --> 01:52:57.960] the case should be reversed.
[01:52:57.960 --> 01:53:00.960] Is that all right?
[01:53:00.960 --> 01:53:03.960] Don't know enough about the particulars.
[01:53:03.960 --> 01:53:08.960] Did the fact that she was incarcerated
[01:53:08.960 --> 01:53:11.960] inhibit her ability to defend herself in the case?
[01:53:11.960 --> 01:53:14.960] In the action?
[01:53:14.960 --> 01:53:16.960] They didn't even question that.
[01:53:16.960 --> 01:53:19.960] They just, they just addressed it that she did not,
[01:53:19.960 --> 01:53:23.960] she did not get offered.
[01:53:23.960 --> 01:53:25.960] To process.
[01:53:25.960 --> 01:53:27.960] They didn't address that.
[01:53:27.960 --> 01:53:30.960] All they addressed was she was incarcerated
[01:53:30.960 --> 01:53:32.960] after being found guilty,
[01:53:32.960 --> 01:53:39.960] and she did not get opportunities for bail.
[01:53:39.960 --> 01:53:44.960] And how did that, did they say how that got to a reversal
[01:53:44.960 --> 01:53:49.960] of the court's decision?
[01:53:49.960 --> 01:53:53.960] A violation of a right to process.
[01:53:53.960 --> 01:53:55.960] Okay, that's what I was expecting.
[01:53:55.960 --> 01:54:02.960] That's an interesting way to address due process.
[01:54:02.960 --> 01:54:05.960] I haven't seen that in other states.
[01:54:05.960 --> 01:54:10.960] So the courts are saying that if you breach due process,
[01:54:10.960 --> 01:54:14.960] then you become a trespasser ab initio,
[01:54:14.960 --> 01:54:17.960] or from the beginning.
[01:54:17.960 --> 01:54:19.960] Awesome.
[01:54:19.960 --> 01:54:23.960] The practice is basically you violate in law to convict someone,
[01:54:23.960 --> 01:54:29.960] or to, yeah, you violate in law to convict someone, correct?
[01:54:29.960 --> 01:54:33.960] Yes, I've seen the ab initio doctrine.
[01:54:33.960 --> 01:54:36.960] It doesn't apply much here in Texas,
[01:54:36.960 --> 01:54:40.960] but I have seen it applied in other states.
[01:54:40.960 --> 01:54:45.960] So if it applies in Tennessee,
[01:54:45.960 --> 01:54:52.960] then they denied due process and become a trespasser ab initio,
[01:54:52.960 --> 01:54:55.960] and all their acts are defeated.
[01:54:55.960 --> 01:54:59.960] That's the language of the case I remember.
[01:54:59.960 --> 01:55:04.960] That all their acts from the beginning become void
[01:55:04.960 --> 01:55:10.960] because at some point in the process, they deny due process.
[01:55:10.960 --> 01:55:13.960] Right.
[01:55:13.960 --> 01:55:17.960] Certainly something to look at.
[01:55:17.960 --> 01:55:25.960] So do you have a plan for this case?
[01:55:25.960 --> 01:55:30.960] Well, right now we're trying to figure out how to go about dealing
[01:55:30.960 --> 01:55:35.960] with the attorneys and following motions or whatnot.
[01:55:35.960 --> 01:55:41.960] Okay, the reason I asked that question is so far you seem to be shooting from the hip.
[01:55:41.960 --> 01:55:46.960] You're reacting and responding to things that have occurred.
[01:55:46.960 --> 01:55:54.960] Do you have a plan on what you want to do with this situation?
[01:55:54.960 --> 01:55:58.960] If you don't know where you're going,
[01:55:58.960 --> 01:56:00.960] there's a good chance you'll wind up somewhere else.
[01:56:00.960 --> 01:56:05.960] So you really need to understand where you want to go.
[01:56:05.960 --> 01:56:13.960] Well, my most concerned thing is being able to perfect their appeal
[01:56:13.960 --> 01:56:16.960] because the facts stand in the case alone.
[01:56:16.960 --> 01:56:19.960] But being able to perfect their appeal,
[01:56:19.960 --> 01:56:24.960] so that's why I put in that motion so we give the court a hint
[01:56:24.960 --> 01:56:30.960] that they're trying to block the appeal or not allow him to perfect the appeal.
[01:56:30.960 --> 01:56:37.960] I think that's our main issue and what kind of motions should we be filing right now.
[01:56:37.960 --> 01:56:43.960] And you said something earlier that a motion for new trials should have been filed before the appeal.
[01:56:43.960 --> 01:56:50.960] So I'm trying to figure out what kind of problems did that cause.
[01:56:50.960 --> 01:56:54.960] But when I went to the appeal court today and I talked to the clerk,
[01:56:54.960 --> 01:56:59.960] she pulled up the case number and said that they received notice
[01:56:59.960 --> 01:57:04.960] and communicated back with the law court too.
[01:57:04.960 --> 01:57:09.960] That doesn't mean that they won't dismiss it later.
[01:57:09.960 --> 01:57:12.960] They don't necessarily know yet.
[01:57:12.960 --> 01:57:20.960] The court may look at it and find no petition for reconsideration
[01:57:20.960 --> 01:57:25.960] or it may not be a requirement in Tennessee.
[01:57:25.960 --> 01:57:30.960] It certainly is in the Fed and it is in Texas.
[01:57:30.960 --> 01:57:35.960] What type of case law or what type of search should I be doing
[01:57:35.960 --> 01:57:43.960] to investigate the procedures that the Tennessee courts ruled upon for misdemeanor proceeding?
[01:57:43.960 --> 01:57:48.960] Tennessee motion for new trial.
[01:57:48.960 --> 01:57:53.960] A motion for reconsideration is construed as a motion for new trial.
[01:57:53.960 --> 01:58:00.960] That's what you should be looking at.
[01:58:00.960 --> 01:58:04.960] Okay, motion for new trial.
[01:58:04.960 --> 01:58:07.960] Yes, and look at the case law around that.
[01:58:07.960 --> 01:58:11.960] He can claim delay because he's been in jail.
[01:58:11.960 --> 01:58:17.960] He's been denied access to his ability to adjudicate his case.
[01:58:17.960 --> 01:58:20.960] Does he have court appointed counsel?
[01:58:20.960 --> 01:58:27.960] Yes, he does, but we already filed an appeal, the notice of appeal.
[01:58:27.960 --> 01:58:30.960] So we just have to see that.
[01:58:30.960 --> 01:58:35.960] Okay, generally a court appointed counsel goes through appeal.
[01:58:35.960 --> 01:58:49.960] Hang on, Randy Kelton, we'll be right back.
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