ROL_2017-09-29_16k_Hr1-2.timecode

[00:00.000 --> 00:07.800]  The following news flash is brought to you by The Lone Star Lowdown, provided the Delhi
[00:07.800 --> 00:15.440]  Bulletsons with a commodity market, today in history, news updates and the inside scoop
[00:15.440 --> 00:23.240]  into the tides of the alternative.
[00:23.240 --> 00:29.280]  Markets for Wednesday, 20th September 2017, closed with gold at $1,383 an ounce, silver
[00:29.280 --> 00:38.440]  $17.17 an ounce, Texas Crude, $49.48 a barrel, Bitcoin is about $3,961 and Dashcoin sits
[00:38.440 --> 00:46.760]  about $343 U.S. currency.
[00:46.760 --> 00:51.080]  Today in history, the year 2011, the United States military under direction of the Obama
[00:51.080 --> 00:55.120]  administration ends its Don't Ask, Don't Tell policy, originally put into law during the
[00:55.120 --> 00:59.120]  Clinton administration, repealing Don't Ask, Don't Tell has allowed gay and lesbian men
[00:59.120 --> 01:06.640]  and women to serve openly in the military for the first time.
[01:06.640 --> 01:10.720]  In recent news, at least 225 people have been confirmed dead as a result of yesterday's
[01:10.720 --> 01:17.440]  7.1 earthquake which struck 34 miles southwest of the city of Puebla in Mexico, 32 years
[01:17.440 --> 01:21.880]  to the day after the city's infamous quake that struck in 1985, which killed as many
[01:21.880 --> 01:23.640]  as 10,000 people.
[01:23.640 --> 01:28.040]  The most recent quake less than two weeks after the magnitude 8.1 earthquake on the
[01:28.040 --> 01:32.720]  7th of this month, the epicenter of which was about 60 miles off the coast of Chiapas.
[01:32.720 --> 01:36.600]  Civil protection officials at the scene of at least 44 different locations where collapsed
[01:36.600 --> 01:40.320]  or partially collapsed buildings are in the city, are reporting at least 50 people being
[01:40.320 --> 01:44.640]  rescued out of them who are still alive along with many dead bodies as well.
[01:44.640 --> 01:48.200]  Many more people are thought to be trapped within the wreckage of these damaged buildings.
[01:48.200 --> 01:52.320]  Mexican officials are stating that at least 39 buildings have been entirely destroyed.
[01:52.320 --> 02:02.200]  Each fearing aftershocks have prepared to sleep on the streets in Mexico City.
[02:02.200 --> 02:06.440]  A 6.1 magnitude earthquake has just hit off the eastern coast of Japan about 200 miles
[02:06.440 --> 02:10.120]  from the Fukushima power plant that has been in critical condition since it was struck
[02:10.120 --> 02:12.840]  by a tsunami in March of 2011.
[02:12.840 --> 02:16.400]  The quake was about 10 kilometers into the earth's crust and there has been no reports
[02:16.400 --> 02:20.240]  of damages as of yet and a tsunami warning has not been issued.
[02:20.240 --> 02:24.440]  This is the third large quake to strike in the last 24 hours after the disasters went
[02:24.440 --> 02:28.400]  in Mexico and a smaller one in New Zealand.
[02:28.400 --> 02:36.000]  Astronomers have informed the public that in just this past week, three never-before-discovered
[02:36.000 --> 02:41.040]  asteroids were spotted after they flew by earth, rather close, of the three the largest
[02:41.040 --> 02:46.440]  asteroid 2017 SQ2 was spotted in hindsight on Monday nearly four days after the warehouse
[02:46.440 --> 02:53.440]  size chunk of space rock skimmed by 125,000 miles above earth.
[02:53.440 --> 03:21.440]  This was work roadie with your loadout for September 20th, 2017.
[03:21.440 --> 03:50.520]  Howdy, howdy, this is Randy Kelton, we have a radio on this Friday, the 29th day of September
[03:50.520 --> 03:59.320]  2017 and right now I don't have my caller page up so my producer will have to let me
[03:59.320 --> 04:08.160]  know if someone calls in, but I'm on a different machine, I'm having some issues here in Tennessee
[04:08.160 --> 04:15.520]  with my signal so we're struggling to keep this thing on the air.
[04:15.520 --> 04:28.640]  But I spent some time this week in Clarksville, Tennessee, jerking the courts around there
[04:28.640 --> 04:38.440]  and it's absolutely clear that everywhere we go the courts are exactly the same, found
[04:38.440 --> 04:47.000]  no difference anywhere, that the way they treated me and the way they responded to me
[04:47.000 --> 04:54.200]  and these courts was exactly like I find everywhere else.
[04:54.200 --> 05:01.760]  These guys are just used to doing whatever they like to do and when you go after them
[05:01.760 --> 05:07.080]  they respond the same way as well so that part was good to see.
[05:07.080 --> 05:13.800]  I will be back in Texas next week so I shouldn't be having these technical issues I'm having
[05:13.800 --> 05:22.960]  today and Robert let me know who the call lines are open, 512-646-1984 and if I sound
[05:22.960 --> 05:29.640]  like I'm struggling here it is because I'm struggling with these technical issues.
[05:29.640 --> 05:37.200]  If I start breaking up let me know because the system I'm using feeds my voice from
[05:37.200 --> 05:42.640]  my mic back into my ears so I can hear what I'm saying but I can't hear what's going
[05:42.640 --> 05:49.560]  out of the air so if I'm breaking up and you don't understand something I say let me know.
[05:49.560 --> 05:57.600]  I have had some people wanting me to go through due process.
[05:57.600 --> 06:04.560]  I haven't done that in a long time and I probably should start doing this a little more often.
[06:04.560 --> 06:13.200]  Those of you who listen all the time you hear these basic issues on a regular basis and
[06:13.200 --> 06:23.120]  most of you pretty well know what they are but it's good to hear them over and over because
[06:23.120 --> 06:31.760]  if you don't do this a lot then you don't have the experience and then when you get
[06:31.760 --> 06:37.640]  in the situation you tend to miss the minor issues.
[06:37.640 --> 06:46.880]  I've tried to produce this so it's a one piece it's a complete set where everything
[06:46.880 --> 06:51.200]  fits together and everything makes sense together.
[06:51.200 --> 07:00.760]  So if we don't get the callers early on I'm going to go ahead and start into due process.
[07:00.760 --> 07:07.760]  Primarily here I'll make the argument for an examining trial.
[07:07.760 --> 07:13.880]  Most every state, for most every state the rules are almost the same because they follow
[07:13.880 --> 07:23.960]  Gershwin Pew decision and they follow 600-800 years of recorded history in jurisprudence
[07:23.960 --> 07:32.600]  from the time of the Magna Carta 1215 AD when the Duke struck King John down to the River
[07:32.600 --> 07:37.320]  Thames threat to cut his head off he didn't sign it.
[07:37.320 --> 07:45.480]  The requirement that a police officer if he arrests someone for any reason the requirement
[07:45.480 --> 07:52.480]  that he take them directly to the nearest magistrate has been in law.
[07:52.480 --> 07:56.480]  They didn't put that in law because they didn't trust police officers.
[07:56.480 --> 08:03.840]  It was the intent that the police officer not hold the key to the jailhouse door but
[08:03.840 --> 08:13.400]  rather some supposedly neutral magistrate was to hold the key to the jailhouse door.
[08:13.400 --> 08:20.160]  If a policeman arrests someone for any reason he was required to take the person arrested
[08:20.160 --> 08:27.280]  directly to the nearest magistrate and explain himself and it wasn't because he didn't trust
[08:27.280 --> 08:28.800]  the police officers.
[08:28.800 --> 08:35.720]  For the most part police officers don't arrest you for no reason you're too busy they don't
[08:35.720 --> 08:42.400]  have time they you know they go from one from call to call to call they stay too busy to
[08:42.400 --> 08:50.600]  single someone out for special persecution I know when we get stopped and they write
[08:50.600 --> 08:56.000]  his ticket to throw us to jail we always feel persecuted but for the most part that's not
[08:56.000 --> 09:05.480]  the case for the most part they're just doing a job and they're not really particular about
[09:05.480 --> 09:10.080]  who you are they just follow in the steps.
[09:10.080 --> 09:17.280]  So the purpose I'm kind of I've got all subject here the purpose of the examining trial was
[09:17.280 --> 09:23.920]  not because they didn't trust the police officer purpose of the examining trial was to demonstrate
[09:23.920 --> 09:32.520]  to the individual that they could trust the system they didn't want the public afraid
[09:32.520 --> 09:38.960]  of the police and if the policeman if he arrests you for any reason has to take you to someone
[09:38.960 --> 09:46.280]  else and explain himself then you're not going to be so afraid of the policeman.
[09:46.280 --> 09:55.800]  Now you might be afraid of the justice of the peace but you're not going to be afraid
[09:55.800 --> 10:03.920]  of the policeman himself so that was the real reason was to put a barrier between the policeman
[10:03.920 --> 10:09.040]  and the jailhouse stores not the policeman decides if you go jail not it's not the policeman
[10:09.040 --> 10:15.560]  who decides if you answer to this accusation or not it is the magistrate.
[10:15.560 --> 10:22.320]  I was in Clarksville Tennessee and I talked to a magistrate at the jail and frankly I
[10:22.320 --> 10:31.720]  was surprised this was not some smart mouth arrogant judge and he explained how they
[10:31.720 --> 10:42.080]  do it in Tennessee it's the judges have interfered with it somewhat so it's not quite what I
[10:42.080 --> 10:51.840]  would like to see but it's much closer they have individuals that have been engaged for
[10:51.840 --> 10:59.920]  this purpose they're not judges they're not constables either right now I'm losing the
[10:59.920 --> 11:07.640]  name of what they called them but this was this was their job this is all they did they
[11:07.640 --> 11:11.400]  were in the jail all the time so some of us arrested in Tennessee there's always someone
[11:11.400 --> 11:21.120]  there to bring them before and the judges have limited them to making a determination
[11:21.120 --> 11:28.840]  as to whether or not the accusation the policeman is making is sufficient under law I wasn't
[11:28.840 --> 11:35.320]  happy with that because it is my position that the primary purpose of the examining
[11:35.320 --> 11:44.920]  trial is to give the accused an opportunity to be heard we want to know we've been heard
[11:44.920 --> 11:56.320]  and we have a right to put exculpatory evidence on the record anytime you go before court
[11:56.320 --> 12:03.520]  both parties have opportunity to address the court and put information on the record that
[12:03.520 --> 12:12.320]  parts seem to be out but we'll try to get that put back yet if we can get that part
[12:12.320 --> 12:19.960]  added back to what Tennessee is doing we'll have a state here that actually does it right
[12:19.960 --> 12:25.600]  and then I can use Tennessee as an example this is how you're supposed to do it and Tennessee
[12:25.600 --> 12:31.000]  might be a little bit easier to move than Texas because of the difference in population
[12:31.000 --> 12:40.920]  in Tennessee has about 6 million Texas has over 26 million a lot more judges a lot more
[12:40.920 --> 12:50.000]  activity might actually get some action in Tennessee if I get one state to do it right
[12:50.000 --> 12:54.880]  then we can show the other states we'll have an example of how it doesn't interfere with
[12:54.880 --> 13:03.360]  their process doesn't hurt anything and everything works out better for everyone at least that
[13:03.360 --> 13:09.880]  is the idea so anyway if you're arrested for any reason the officer is required to take
[13:09.880 --> 13:15.800]  you directly to the nearest magistrate and this is what Gerstein Pew says Gerstein Pew
[13:15.800 --> 13:25.680]  says that while it is necessary to allow a police officer to make an arrest for an onsite
[13:25.680 --> 13:35.880]  offense that because the intrusion into the life of an individual of the rest is very
[13:35.880 --> 13:44.840]  traumatic and that to lessen the trauma and ensure due process and sure that the police
[13:44.840 --> 13:52.400]  don't get overzealous in their enforcement that they're required they have a right to
[13:52.400 --> 14:00.480]  a preliminary hearing before a magistrate they did not dictate to the courts exactly
[14:00.480 --> 14:10.520]  how they would accomplish that and in my opinion that was a shortfall but the feds were essentially
[14:10.520 --> 14:16.760]  correct when they said that was undoing an undue intrusion on the sovereignty of the state
[14:16.760 --> 14:23.360]  so they left it up to state to do it to formulate laws to do this some are better than others
[14:23.360 --> 14:32.560]  Texas I still believe has the best corpus jurist of any state in the country Texas law on examining
[14:32.560 --> 14:39.520]  trial is absolutely clear no reasonable person ordinary prudence can read the code
[14:39.520 --> 14:47.720]  and not understand that a policeman is commanded by the statute to take a person arrested with
[14:47.720 --> 14:53.520]  or without a warrant directly to the nearest magistrate and the magistrate is it is commanded
[14:53.520 --> 14:59.760]  to examine into the sufficiency of the allegation well that's what they're supposed to do it's
[14:59.760 --> 15:04.280]  not what they're doing this is what we're going to try to get them to do so when they
[15:04.280 --> 15:11.040]  fail to take you directly to the nearest magistrate we're calling that official oppression and
[15:11.040 --> 15:16.160]  others to all states don't have official oppression but all states do have a fisherman's conduct
[15:16.160 --> 15:20.840]  and they're both class A misdemeanors or depending on the state some of them have different names
[15:20.840 --> 15:27.360]  for the accusations but they come to the same level the next thing to a felony if we're
[15:27.360 --> 15:36.960]  going to set things to write we need to start bringing these individuals to task for acting
[15:36.960 --> 15:48.000]  in violation of law I think I may have an issue we are at the 15 minute level and I
[15:48.000 --> 15:56.800]  if you can hear me tell me we're still here that's my producer yes because we can't hear
[15:56.800 --> 16:02.640]  okay he tells me we're still on the air yeah I don't have my caller page up so I can't
[16:02.640 --> 16:08.720]  tell I can't see my clock right now so I'm kind of struggling here anyway okay if you're
[16:08.720 --> 16:13.160]  arrested for any reason they're required to take you directly to the nearest magistrate
[16:13.160 --> 16:21.560]  if they don't now you have a claim you can make against the officer if we are to take
[16:21.560 --> 16:31.320]  this system back it's my opinion this is where we will get it done here right at the bottom
[16:31.320 --> 16:37.320]  by filing professional conduct complaints against the police officers you know I've been on
[16:37.320 --> 16:42.160]  the show all this time and I've been trying to file criminal complaints against officers
[16:42.160 --> 16:47.240]  and we wind up with the prosecutor and the magistrates and all the judges and everybody
[16:47.240 --> 16:53.240]  running interference they do everything they can to shield them from prosecution becomes
[16:53.240 --> 17:02.240]  a major hassle and for all of this time of talking about the fact saying cookie cookie
[17:02.240 --> 17:09.520]  we love cookies oh hi cookie muncher no these are yucky cookie cookie yucky no no bad cookies
[17:09.520 --> 17:15.320]  you can't even eat these cookies these are cyber cookies no can't eat no they are cyber
[17:15.320 --> 17:21.560]  cookies and they clog up your computer we have apple really oh that's an actual apple
[17:21.560 --> 17:28.600]  yummy apple I'm going to throw away these yucky cookies in the trash I click control
[17:28.600 --> 17:35.160]  shift the leaves and then scroll down to cookies and clear them bye bye yucky cookies now I
[17:35.160 --> 17:40.880]  go to logos radio network dot com and I click on the amazon box on the upper right hand side
[17:40.880 --> 17:46.400]  book mark the link and I can go to amazon through this link and order you some yummy
[17:46.400 --> 17:52.040]  new cookie new cookies for me consider it an early christmas present and every time
[17:52.040 --> 17:56.920]  I order on amazon I go through this link and I give a little present to this radio network
[17:56.920 --> 18:02.680]  too these are cookies these are classified are you being harassed by debt collectors
[18:02.680 --> 18:08.280]  with phone calls letters or even losses stop debt collectors now with the michael mirris
[18:08.280 --> 18:13.320]  proven method michael mirris has won six cases in federal court against debt collectors and
[18:13.320 --> 18:18.440]  now you can win too you'll get step-by-step instructions in plain english on how to win
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[18:59.040 --> 19:08.480]  collectors net you are listening to the logos radio network logos radio network dot com
[19:08.480 --> 19:35.080]  okay we are back randy kelton rule of law radio on this friday the 29th day of september
[19:35.080 --> 19:48.840]  2017 and got my caller page up everything's working we're going to go to scott in texas
[19:48.840 --> 20:00.440]  hello scott can you hear me i can hear you all right well i got some more good news
[20:00.440 --> 20:07.240]  and y'all hunker up real close to the radio because this is going to get good i got a
[20:07.240 --> 20:17.840]  letter today from the whole circuit the district court in dallas that went ahead and assigned
[20:17.840 --> 20:27.080]  the the mesquite judge to a trial day so i got that it's going to be 6 28 18 at 9am and
[20:27.080 --> 20:32.480]  this is the one that's already been assigned to mediator but now he has the official letter
[20:32.480 --> 20:38.440]  that he's awarded the trial so i got my first judge going to trial so that's going to be
[20:38.440 --> 20:48.600]  really good stuff also i had filled out on uh i had a bunch of surcharges that they read
[20:48.600 --> 20:55.560]  and stated after i filed for a bankrupt see well i went on there and filled out their
[20:55.560 --> 21:01.360]  little affidavit of indigency and attached my little food stamp letter just got the letter
[21:01.360 --> 21:09.400]  back today all of the fines are waived i don't owe nothing to those people no more so my
[21:09.400 --> 21:14.200]  license should be valid what people are you talking oh you're talking about the department
[21:14.200 --> 21:22.760]  of public safety yeah the surcharge people and uh yep so i got that got that today and
[21:22.760 --> 21:32.920]  uh so my license is no longer invalid according to them so that's real good news for me and
[21:32.920 --> 21:38.920]  it kind of makes me wonder you know for all these courts that charge me for an invalid
[21:38.920 --> 21:44.280]  license makes you think that you could probably go back on them and say hey i told y'all i
[21:44.280 --> 21:50.040]  was poor you know y'all just prosecuting poor people just for no good reason i don't know
[21:50.040 --> 21:56.760]  if you could but that certainly would be golden if you could it's probably really good
[21:56.760 --> 22:06.600]  claim to bring because you well in your case you had acted in good faith and had no knowledge
[22:07.560 --> 22:09.720]  that your license was even in jeopardy
[22:12.840 --> 22:18.680]  and they revoked your license without your knowledge you can't be charged for a crime
[22:18.680 --> 22:24.440]  if you didn't know you were committing a crime or you can be charged but you can't be prosecuted
[22:25.160 --> 22:29.080]  because it means right so you probably got a really good argument to go back on that
[22:30.840 --> 22:39.640]  yeah and that's a lot to go back on a lot to court so that's kind of an interesting thing
[22:39.640 --> 22:49.880]  now also you also that other issue you can go back on the fact that under 701.001
[22:50.840 --> 22:55.000]  they weren't authorized to enforce that'll always get you back in court
[22:55.000 --> 23:02.120]  subject matter jurisdiction there we go now we're cracking store on all this stuff and going
[23:02.120 --> 23:10.280]  right on them on everything that they brought up and charged and and just rode me to the right
[23:10.280 --> 23:18.120]  action now speaking of right and reading the right act the judge over in Addison who i filed
[23:18.120 --> 23:27.080]  the state case on was attempting to get it to move over into federal court so what i did is i
[23:27.080 --> 23:33.880]  is uh he filed his claim and all that stuff well i filed a counterclaim on him and i just got it
[23:33.880 --> 23:41.560]  posted up on the internet yesterday and y'all can go to my youtube channel snap food radio and uh
[23:41.560 --> 23:48.920]  you can hear uh everything but or you could just google uh counterclaim judge to why this is funny
[23:48.920 --> 23:57.560]  okay well before before you tell that part read part of the answer the statement from
[23:57.560 --> 24:06.840]  the judge's lawyer oh shoot i'd have to dig that thing out but i'll sum it up he basically called
[24:06.840 --> 24:14.440]  me a scat law and a scat law i had to look it up because i never heard of that before
[24:14.440 --> 24:21.800]  or you pointed it out and said oh yeah he's calling you a name and so i was like what the
[24:21.800 --> 24:29.160]  heck is a scat law well according to google a scat law is a person who flouts the law especially
[24:29.160 --> 24:38.840]  one who fails to pay fines owed and um or number two a person's um let's see a person who flouts
[24:38.840 --> 24:46.840]  rules conventions or excessive practices well i don't consider an excessive practice for judges
[24:46.840 --> 24:53.320]  to be able to tell you you can't speak at your own motions hearing and so that's what i filed
[24:53.320 --> 25:01.000]  the lawsuit on and he did not need to even speak at my own motions hearing well in the opening
[25:01.000 --> 25:06.840]  paragraph of this counterclaim which the whole thing is roughly about eight pages so that just
[25:06.840 --> 25:14.840]  goes to show y'all this doesn't have to be a novel that you can that go back on and it basically is
[25:14.840 --> 25:21.960]  that has like five different topics but in the very first paragraph i see a plaintiff received
[25:21.960 --> 25:31.320]  defendants the whites motions and brief dismiss files dept. 22nd 2017 so i wrote in here and i
[25:31.320 --> 25:36.280]  can't take total credit for this i have to give you some credit on this one it's so funny y'all are
[25:36.280 --> 25:43.640]  going to laugh defendant called plaintiff scat law i feel disparaged he is going to hurt my feelings
[25:43.640 --> 25:50.680]  at no time did i call him a patty fogger shester and grubbing for filthy lucer neither did i assert
[25:50.680 --> 25:56.120]  that he cannot be the sharpest knife in the drawer but he is crowning him the municipalities
[25:56.120 --> 26:02.440]  rather than out making the big bucks with the court's indulgence if counsel will just bend over
[26:02.440 --> 26:07.800]  i'll gladly pull that wild hair behind so we can go back to treating one another like mature and
[26:07.800 --> 26:14.280]  responsible adult but then again regardless of how many facts and how much law pro se puts before
[26:14.280 --> 26:21.480]  the court we did no respect so that's going to get the judge he's either going to get a big
[26:21.480 --> 26:27.000]  chuckle out of it or he might actually kind of get a little bit mad i don't know but then
[26:27.000 --> 26:37.720]  right after that then i asked for the attorney's law license as stated by 82.037 and the attorney
[26:37.720 --> 26:45.400]  that's representing the judge i asked for his law license in oath office two then the second part is
[26:45.400 --> 26:52.200]  defendant lacks authority because the officer didn't have the authority to even stop me according
[26:52.200 --> 27:00.200]  to 4.14 detective administrative code attached my little exhibit along with that and then i mentioned
[27:00.200 --> 27:07.480]  crimes against the plaintiff and then four was hearsay but here's the best part five was the
[27:07.480 --> 27:15.400]  financial this is where we're asking for all the judge's financial between him his wife and anybody
[27:15.400 --> 27:24.120]  that's related to him and to provide all these financials now regardless if the judge reads the
[27:24.120 --> 27:31.000]  first opening paragraph and gets happy or mad when he gets to the financials part they're gonna
[27:31.960 --> 27:38.520]  their whole speaker is going to tighten up and just grip their shorts until they rip a hole in
[27:38.520 --> 27:46.120]  them so that's going to be another way we're going after these people so it's going to be real
[27:46.120 --> 27:52.680]  interesting to see how they respond to that because they don't want to answer none of that part and
[27:52.680 --> 28:02.040]  that's going to make them run for the heels now i'm i'm i've probably got about 10 lawsuits wrapped
[28:02.040 --> 28:10.120]  up right right now going and now i'm going after all the sheriffs were because i went to jail in
[28:10.120 --> 28:17.080]  rock wall rain and uh shoot seemed like i went somewhere else i don't remember but anyhow i'm
[28:17.080 --> 28:26.120]  going after the sheriffs now and i've already sent out tort letters to meski uh uh emmery
[28:26.120 --> 28:33.960]  he's to walk me and uh i think that's all for right now but i'm going after all the mayors
[28:33.960 --> 28:39.320]  and all these cities where i have problems with then i'm going after all the sheriffs then i'm
[28:39.320 --> 28:44.360]  going after all the cops then i'm going after all the prosecutors and i've already got several
[28:44.360 --> 28:49.320]  judges in my crosshairs already that have to answer stuff because i've been going after them
[28:49.320 --> 28:57.400]  first so y'all talk about due process this is how we're starting to go about oh yeah i just
[28:57.400 --> 29:04.760]  turned in one to jody down in polk county and he's going to submit this on the county judge down
[29:04.760 --> 29:13.640]  there for denying jody an examining trial now the statement of fact on that is real short and i can
[29:13.640 --> 29:22.200]  kind of pull that thing up real quick uh did i have some stuff open um and y'all can see just how
[29:22.200 --> 29:30.600]  short a statement of facts really is but it's so concise that they can't refuse point for point
[29:30.600 --> 29:36.120]  there's only eight sentences and uh there's the music there so i'll go ahead and let's take it out
[29:36.120 --> 29:46.680]  okay this is randy helton with our radio i call in number 512 646 1984 and scott is having way too
[29:46.680 --> 29:53.400]  much fun at these guys experience and we hope it gets better in the future hang on we'll be right back
[29:53.400 --> 30:06.920]  could printed books soon be a thing of the past apparently a lot of kids these days are
[30:06.920 --> 30:12.040]  exchanging book pages for web pages i'm dr kathryn albrecht and i'll be back to tell you
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[33:14.760 --> 33:22.040]  yeah i got the warrant and i'm gonna solve them to the head of government then
[33:22.040 --> 33:39.400]  okay we are back randy kelton the rule of law radio and we're talking to scott in texas okay go
[33:39.400 --> 33:47.480]  ahead scott all right so now we're getting back to due process and this is it goes right to the
[33:47.480 --> 33:55.240]  heart of what you're speaking of when you started the show now to show you guys how y'all can make
[33:55.240 --> 34:00.680]  a statement of facts this is only eight sentences i'll read them off because it's pretty short but
[34:00.680 --> 34:07.960]  they'll show you how concise how short it is and how this goes to the heart of the issue number one
[34:07.960 --> 34:14.840]  on may 18th 2017 judge brown ordered jody picket to appear to a motion here for electronic
[34:14.840 --> 34:23.720]  violation on january 26 2017 two judge brown asked where any statements to be made three
[34:23.720 --> 34:28.920]  jody picket asked why he was denied a mandatory examining trial when detained at the hospital
[34:28.920 --> 34:35.160]  for said traffic violation four judge brown was present at the hospital to meet with the
[34:35.160 --> 34:42.840]  arresting officer yet never met with jody picket five judge brown said in open court the charge
[34:42.840 --> 34:51.000]  was not a felony therefore denied jody picket an examining trial six plaintiff was present in the
[34:51.000 --> 34:59.160]  gallery when judge tom brown stated said fact seven now this is your favorite here plaintiff will agree
[34:59.160 --> 35:05.640]  jody picket may not have a right to an examining trial the judge tom brown has a statutory duty
[35:05.640 --> 35:12.680]  to perform an examining trial that is mandated and promulgated by the texas legislator hey
[35:13.960 --> 35:21.000]  judge tom brown may not pick and choose which law he can prescribe or deny that's my whole statement
[35:21.000 --> 35:27.080]  of facts right there and that's my whole lawsuit so it's not a whole you don't have to write a
[35:27.080 --> 35:33.320]  diatribe you just have to get your little bit of fact straight and put them in a concise order
[35:33.320 --> 35:40.120]  and then that's it bam now when they get to number seven and this is the one that you used
[35:40.120 --> 35:47.160]  on that highland park visiting judge and when you told him he you may not have a right to
[35:47.160 --> 35:55.720]  an examining trial but he has a statutory duty to perform one he sat back in his chair and took
[35:55.720 --> 36:03.160]  a breath of air probably his eyes got big if he said he was trying to get examining trials
[36:03.160 --> 36:09.240]  because he has his own private practice but was constantly denied and he's going to use this in
[36:09.240 --> 36:16.680]  his next uh hearings or whatever for his client so this goes to the heart of the issue of an
[36:16.680 --> 36:24.040]  examining trial and i have a real good feeling we're going to get this to move big time hold on
[36:24.040 --> 36:34.200]  there's one little piece to add to that the fact that the officer and the magistrate was required
[36:34.200 --> 36:42.520]  to perform these acts as a matter of law those requirements became a part of due process
[36:43.800 --> 36:46.280]  and due process we do have a right to
[36:46.280 --> 36:56.040]  okay well i've i've left that out so i have a right to amend my my my letter if i want to
[36:57.000 --> 37:04.520]  so uh but just when they read that part right there they're going to sit back and go oh
[37:04.520 --> 37:12.280]  crud yeah he may not have a right to one but we have a statutory duty as promulgated by the
[37:12.280 --> 37:18.280]  texas legislator that still should make their eyes sink in the back of their head and them go
[37:19.320 --> 37:25.000]  we may have a problem here i find it got a little bit tightened up better like you had stated
[37:25.000 --> 37:30.840]  then yeah it would have definitely made their eyes glaze over that won't give us they will note that
[37:32.920 --> 37:40.280]  you they i i brought it on the air so that everybody here would understand it but the
[37:40.280 --> 37:49.080]  lawyers on the other side they'll know that goes to due process right so that's going to be something
[37:49.080 --> 37:56.680]  that's really going to shake their tree and and make them wonder uh oh we have been violating
[37:56.680 --> 38:03.960]  the the actual law has just been written and now it's brought up now i got on the radio today
[38:03.960 --> 38:13.800]  on that michael revero show and i read him that part about uh uh the judge where i basically told
[38:13.800 --> 38:18.360]  him you know they'll bend over we'll pull that i pull that wild hair out of his behind and he
[38:18.360 --> 38:23.400]  chuckled and laughed and he goes oh well you know you might could open yourself up to a libel
[38:23.400 --> 38:31.160]  so you know all these judges are so corrupt and i said if he does then i get to ask for discovery
[38:31.160 --> 38:37.960]  and that's even going to go worse for him because it's supposed to be a quarter record i'd love for
[38:37.960 --> 38:44.040]  them to pull the record out and play that little performance he did because he was meaner than a
[38:44.040 --> 38:51.880]  rattlesnake to me that guy was screaming in his courtroom telling me to shut up and he didn't tell
[38:51.880 --> 38:57.480]  me directly to shut up but he told me i didn't know the law i can't speak the law basically to
[38:57.480 --> 39:02.760]  shut up and motion and his bailiff come over dragging his knuckles and you know the threat
[39:02.760 --> 39:08.680]  in me and stuff so i basically you know shut up so i could get out of there with him again but uh
[39:09.320 --> 39:16.200]  now he's going to have to start answering for all that and it's not going to be in his courtroom
[39:16.200 --> 39:23.320]  where he can make all these threats so that's going to be real good one thing i can almost
[39:23.320 --> 39:32.600]  guarantee you is every other judge in this part of the state and probably most of the state
[39:33.480 --> 39:40.440]  in his relative position will have read this document they'll all get it
[39:43.160 --> 39:48.520]  because this is what they do they share with one another what happens to them and what they have
[39:48.520 --> 39:59.480]  to deal with so you probably got everybody knows who you are by now oh i imagine so and by the time
[39:59.480 --> 40:06.040]  i can start sticking some more of these things in and start getting sheriffs involved and more of
[40:06.040 --> 40:12.920]  these cops wrapped up and then go back about this invalid license and them charging and go oh man i
[40:12.920 --> 40:21.640]  can go round and round with these guys for the next five years and just not let up at all in fact
[40:21.640 --> 40:27.400]  i'm going to start putting i'm i'm already working on one now and i'm going to go after these guys
[40:27.400 --> 40:33.800]  like they have never seen before i already said land speed record for getting a ticket and be
[40:33.800 --> 40:40.840]  close and a cop three times and the chief of police filing lawsuits on both of them and sending
[40:40.840 --> 40:47.880]  the tort letter to here all before i set a court date to go to the for the ticket they never seen
[40:47.880 --> 40:57.720]  nothing that fast before so it's what they eat exactly what they need to never know which guy
[40:57.720 --> 41:04.280]  you're pulling over is the one that's going to drop the sky on you and they especially need to know
[41:04.280 --> 41:13.960]  that you can drop the sky on them they they're so used to people just laying down and rolling over
[41:13.960 --> 41:21.560]  for them that they forget how powerful the ordinary individual really is and that's the most in my
[41:21.560 --> 41:27.720]  opinion that's the most valuable thing that you're doing you're demonstrating to these guys that you
[41:27.720 --> 41:37.240]  never know which one's going to be the one to hammer you well so and nice go ahead
[41:39.320 --> 41:44.040]  oh i'm nice work i mean keep this up this is how we're going to beat them and
[41:45.240 --> 41:48.760]  we want to start making these documents available to anybody wants to use them
[41:48.760 --> 41:58.760]  i'm going to i already have such a plethora of these things basically it's it's almost
[41:58.760 --> 42:06.600]  like autopilot now i can go in there and pick one between a cop or a prosecutor or judge
[42:07.160 --> 42:14.200]  change up the names dates and rearrange the statement of facts and produce that thing in
[42:14.200 --> 42:19.560]  two hours flat actually i take a little bit longer because i reread it like two or three times it takes
[42:19.560 --> 42:26.360]  like you know catch a boo boo here or there but these things are getting automated quicker and
[42:26.360 --> 42:31.880]  quicker and faster and faster and once i get the ones for the sheriffs made up i'm going to have
[42:31.880 --> 42:38.920]  some sheriffs just chewing some people out up and down because next i'm going to be going right back
[42:38.920 --> 42:47.160]  after rock wall and i am going to lie to them up they are not going to see this coming i've already
[42:47.160 --> 42:54.280]  had lake dallas where the the mayor and the chief of police has already quit they already got new
[42:54.280 --> 43:01.560]  people in there and i was calling around uh over in adison things like the mayor's already quit over
[43:01.560 --> 43:08.120]  there they got a new mayor there now and the chief of police is already retired so that makes two
[43:08.120 --> 43:14.680]  cities where the mayor and the chief of police have rolled over and the battle got out of town
[43:15.560 --> 43:24.520]  so next is going after rain rock wall and whoever else i can hit along the way so they are not going
[43:24.520 --> 43:31.080]  to see this coming now it's it's really going to light them up okay we have anybody else out there
[43:31.080 --> 43:36.920]  that's interested in taking them on to keep the heat off scott we need some other people out there
[43:36.920 --> 43:43.720]  doing the same thing the more we get the more effective we'll have this is red randy kelton
[43:43.720 --> 43:48.200]  do you have anything else for scott on the other side no i'm good i'll let you get to the next
[43:48.200 --> 43:54.920]  caller okay scott this is randy kelton we'll blow radio i'll call it number five one two six four
[43:54.920 --> 44:05.960]  six nineteen eighty four we'll be right back it's the 2017 logos radio network annual fundraiser
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[46:11.320 --> 46:33.000]  okay we are back randy kelton rule of law radio on this friday the 29th day of september
[46:33.000 --> 46:42.360]  2017 and we're going to adam in texas hello adam what do you have for us today hey randy how are
[46:42.360 --> 46:53.720]  you doing today good good hey uh well my first question was okay there's uh it's uh the original
[46:53.720 --> 47:01.960]  complaint which checked out uh was for uh negligent homicide and uh there was a car wreck
[47:01.960 --> 47:09.320]  a traffic accident the original complaint for negligent homicide somehow the uh prosecutor
[47:09.320 --> 47:15.880]  when they when he took presented the uh informations to the grand jury they added on uh reckless man
[47:15.880 --> 47:21.000]  slaughter and aggravated assault with deadly weapon claiming that the truck truck that the
[47:21.000 --> 47:27.000]  defendant was in during the wreck was a deadly weapon there was never there's no evidence in the
[47:27.000 --> 47:35.560]  uh court record of an examining trial uh and also i had a question on a recipe for indictment
[47:36.840 --> 47:42.680]  how can they arrest them before a grand jury's indictment for a for a state jail felony okay
[47:43.720 --> 47:54.120]  how did they add to it go ahead if someone filed issued a complaint and a magistrate
[47:54.120 --> 48:01.960]  issued a warrant most of the times you're arrested before indictment actually what uh 22
[48:03.320 --> 48:12.040]  i'm sorry 20.21 i believe it is one of the last ones in section 20 on grand juries
[48:13.720 --> 48:23.560]  while a grand jury can find a true bill they cannot file that with the court until the person's
[48:23.560 --> 48:35.080]  been arrested if the complaint was filed with the grand jury and the person's never been arrested
[48:35.080 --> 48:41.640]  say they investigate cyber crime or something and they find all this stuff and then they go in
[48:41.640 --> 48:49.000]  and get an indictment well they can't the when the grand jury gives a notice to the court of a
[48:49.000 --> 48:57.960]  true bill it says the clerk shall make notes in the minutes of the court that's 20.21 says if the
[48:57.960 --> 49:06.680]  person hasn't been arrested then the clerk shall issue a capious and i forget the exact wording
[49:06.680 --> 49:12.680]  but you can't enter the notice of the true bill in the court record until the person's been arrested
[49:12.680 --> 49:21.240]  most of the time you're arrested first guy was in an accident and he was charged and it's
[49:21.240 --> 49:29.240]  this serious almost certainly he was arrested was that correct uh he was the traffic accident
[49:29.240 --> 49:35.960]  happened as january 6th of the previous year or december 6th of the previous year was he
[49:35.960 --> 49:45.560]  arrested at the time no uh six months plus went by before the complaint was filed by a DPS officer
[49:45.560 --> 49:51.160]  who was never on the scene and given as far as i can tell given to the assistant district attorney
[49:51.160 --> 49:56.120]  signed off on the complaint and then it was handed over to the justice of peace which issued the warrant
[49:56.120 --> 50:01.960]  and there was no need for a capious because they already arrested him that was that was the point
[50:01.960 --> 50:08.040]  he was already arrested so yes yes you must be arrested before there can be an indictment
[50:09.640 --> 50:14.840]  they can bring an indictment without you having been arrested but they can't file it with the court
[50:14.840 --> 50:22.120]  until the person's been arrested okay so so him being arrested seven days before indictment was
[50:22.120 --> 50:28.360]  received from the grand jury that that's that's all right yes it well depends if he had been arrested
[50:28.360 --> 50:38.920]  on a warrant and right prior to that was this the first time he was arrested well for this for the
[50:38.920 --> 50:43.640]  for the original complaint of negligent homicide he was yeah he was arrested one time for that
[50:44.600 --> 50:48.120]  okay was he arrested a second time for the second complaint
[50:48.120 --> 50:58.440]  right no that's a thing somehow they snuck in a reckless manslaughter and aggravated assault
[50:59.400 --> 51:05.400]  into the information they presented the grand jury all based off one single complaint for
[51:05.400 --> 51:12.840]  negligent homicide which is the well they can do that to prosecute prosecute is going to look at the
[51:12.840 --> 51:23.320]  facts and base the accusation on the facts but then again the prosecutor cannot file a complaint
[51:24.200 --> 51:30.520]  and a grand jury can't find an indictment without a complaint yeah well they had the
[51:30.520 --> 51:36.680]  complaint assigned by a DPS officer who was not ever at the scene of the accident but is relying
[51:36.680 --> 51:42.280]  on the testimony of DPS officers that were at the scene of the accident he can he can do that in
[51:42.280 --> 51:50.680]  the camera to a complaint sir okay he can do that in law that's allowed a complaint can be filed
[51:50.680 --> 51:59.560]  based on hearsay evidence now show why say you live next door to me and the guy lives next to you
[51:59.560 --> 52:07.320]  is a real rotten no good low-life criminal and you're terrified of this guy and you see this guy
[52:07.320 --> 52:12.760]  shoot somebody and bury him in his backyard if you're referring to this guy you ain't doing
[52:12.760 --> 52:22.360]  anything but so if you tell me that you saw this occur and I believe you that's sufficient for me
[52:22.360 --> 52:29.800]  to go to the police and make an accusation all right so you yeah you can get based on hearsay
[52:29.800 --> 52:37.320]  so this technically this police officer can do this right yeah okay so that's how they did that
[52:37.320 --> 52:41.640]  there there was no examining trial though no evidence I mean what evidence would there be
[52:41.640 --> 52:49.480]  if a family trial was held like they're supposed to how we got to the problem there was an examining
[52:49.480 --> 52:56.440]  trial held by the magistrate who issued the warrant and if you get a copy of that warrant and read it
[52:56.440 --> 53:04.920]  you will almost certainly read where it says arrest this person and bring him before me
[53:06.280 --> 53:13.640]  yeah we got that okay the reason it says that is the judge held an examining trial under chapter
[53:13.640 --> 53:24.120]  16 except it was an ex parte examining trial because the accused wasn't present it had been
[53:24.120 --> 53:29.800]  present there had been no purpose in issue in a warrant the warrant tells them to bring before
[53:29.800 --> 53:34.920]  the magistrate so they can hold a proper examining trial well they didn't have him there so in order
[53:34.920 --> 53:40.440]  to get him there the magistrate can issue an ex parte warrant and when they arrest him they're
[53:40.440 --> 53:47.240]  to bring him back before that magistrate and they hold a proper examining trial with both parties
[53:47.240 --> 53:54.040]  present care providing the accused with all of his rights the first of which was to make a statement
[53:54.040 --> 54:02.040]  which gives him opportunity to put in expropriatory evidence so right but that's that never happened
[54:02.040 --> 54:07.160]  there's no evidence that ever happened the way they had both parties present with here's the
[54:07.160 --> 54:15.720]  evidence that had to be of its goodness to scott so scott's still listening this was one of the
[54:15.720 --> 54:24.200]  facts that should have been here in his statement of facts the record does not reflect an order
[54:24.200 --> 54:35.400]  as required by texas code of criminal procedure 16.17 16.17 says that after the examining trial
[54:35.400 --> 54:40.680]  the judge will issue an order stating where the person was was bound to the court released at
[54:40.680 --> 54:51.560]  his liberty released on bail or remanded to the jail if an order is not filed within 48 hours a
[54:51.560 --> 55:02.360]  finding of a probable cause let's see the the accused has a right to a finding of no probable
[55:02.360 --> 55:12.840]  cause and that's written so it's constitutional that's what you look for where is that 16.17
[55:12.840 --> 55:22.200]  order if there is not one he has a right to a finding of no probable cause which would be a
[55:22.200 --> 55:34.200]  motion dismissed for failure to meet due to lack of subject matter jurisdiction okay it takes that
[55:34.200 --> 55:42.200]  16.17 order to give the court subject matter jurisdiction okay so yeah as far as there is
[55:42.200 --> 55:51.640]  no 16.17 order now we never find one yeah well it doesn't exist okay so that would end in a
[55:51.640 --> 56:02.360]  countersuit this motion for dismissal no gaming trial no 16.17 correct that should it won't it
[56:02.360 --> 56:11.480]  will have to go to the appeals court but that's if that's a good issue to appeal okay no gaming
[56:11.480 --> 56:22.360]  trial uh no no no no wait wait wait got you gotta ask the white question to get the right answer no
[56:22.360 --> 56:30.440]  16.17 order you won't even talk about whether an examining trial was held or not rather they
[56:31.080 --> 56:39.000]  he had a right to examining trial or not none of that stuff counts what you care about is there
[56:39.000 --> 56:48.760]  is no 16.17 order in the record that's an appealable issue that's a good appealable issue
[56:51.560 --> 56:58.600]  it asks a question it goes to a question of law that's going to make them really really unhappy
[57:00.040 --> 57:04.600]  because it runs the risk of changing the way they do jurisprudence
[57:04.600 --> 57:10.920]  then it would actually actually have to start doing proper examining trials
[57:12.440 --> 57:21.160]  okay to get 16.17 order so if there was no 16.17 or I would feel after the JP who failed to
[57:21.800 --> 57:28.440]  issue the order the code is clear the intent of the legislature is abundantly clear
[57:28.440 --> 57:33.320]  he has a right to a finding of no probable cause
[57:36.120 --> 57:42.600]  and the reason it's written that way is the legislature can't say there is no
[57:43.560 --> 57:53.320]  problem that would intrude on the power of the the jib you got tremendous background noise
[57:53.320 --> 58:01.400]  okay I'm going to mute you just for the second okay it says he has a right to an examining
[58:01.400 --> 58:07.800]  trial they overturned the open records act because the open records acts said that if you don't get
[58:07.800 --> 58:16.680]  a met classic misdemeanor to court before 30 days then a finding of not guilty shall be entered
[58:16.680 --> 58:24.360]  in the court and the judges jumped up and down said you can't do that you cannot dictate a judicial
[58:24.360 --> 58:34.520]  order so they found it unconstitutional this one said you have a right to a ruling and then that
[58:34.520 --> 58:41.320]  right orders the judge to render the ruling that they can do it's technical it's pedantic
[58:41.320 --> 58:46.680]  but this is how we beat these things hang on Randy Calton with my radio we'll be right back
[58:50.120 --> 58:54.040]  would you like to make more definite progress in your walk with god
[58:54.040 --> 59:00.120]  bibles for america is offering a free study bible and a set of free christian books that can really
[59:00.120 --> 59:05.320]  help the new testament recovery version is one of the most comprehensive study bibles available
[59:05.320 --> 59:10.840]  today it's an accurate translation and it contains thousands of footnotes that will help you to know
[59:10.840 --> 59:17.000]  god and to know the meaning of life the free books are a three volume set called basic elements of
[59:17.000 --> 59:23.000]  the christian life chapter by chapter basic elements of the christian life clearly presents god's plan
[59:23.000 --> 59:29.480]  of salvation growing in christ and how to build up the church to order your free new testament
[59:29.480 --> 59:40.440]  recovery version and basic elements of the christian life call bibles for america toll free at 888-551-0102
[59:40.440 --> 59:54.920]  that's 888-551-0102 or visit us online at bfa.org live free speech radio logos radio network dot com
[01:00:02.440 --> 01:00:06.280]  the following use flash is brought to you by the lowest star of lowdown
[01:00:06.280 --> 01:00:14.760]  provided with delhi bulletins for the commodities market today in history news updates and the inside
[01:00:14.760 --> 01:00:25.880]  scoop into the tides of the alternative markets for wednesday the 20th of september 2017 closed
[01:00:25.880 --> 01:00:34.680]  with gold at $1,383 an ounce silver $17.17 an ounce texas crude $49.48 a barrel bitcoin is
[01:00:34.680 --> 01:00:49.000]  about $3961 and dash coin sits about 343 us currency today in history the year 2011 the
[01:00:49.000 --> 01:00:53.000]  united states military under direction of the umama administration and its don't ask don't
[01:00:53.000 --> 01:00:57.480]  tell policy originally put into law during the clinton administration repealing don't ask don't
[01:00:57.480 --> 01:01:06.120]  tell has allowed gay and lesbian men and women to serve openly in the military for the first time
[01:01:06.280 --> 01:01:11.080]  in recent years at least 225 people have been confirmed dead as a result of yesterday 7.1
[01:01:11.080 --> 01:01:17.640]  earthquake which struck 34 miles south southwest of the city of quebla in mexico 32 years to the
[01:01:17.640 --> 01:01:23.320]  day after the city's infamous quake that struck in 1985 which killed as many as 10 000 people
[01:01:23.320 --> 01:01:28.360]  the most recent quake less than two weeks after the magnitude 8.1 earthquake on the seventh of
[01:01:28.360 --> 01:01:33.480]  this month the epicenter of which was about 60 miles off the coast of chapas so protection officials
[01:01:33.480 --> 01:01:37.800]  at the scene of at least 44 different locations where collapsed or partially collapsed buildings
[01:01:37.800 --> 01:01:42.360]  are in the city are reporting at least 50 people being rescued out of them who were still alive
[01:01:42.360 --> 01:01:46.440]  along with many dead bodies as well many more people are thought to be trapped within the
[01:01:46.440 --> 01:01:50.280]  wreckage of these damaged buildings Mexican officials are stating that at least 39 buildings
[01:01:50.280 --> 01:01:55.080]  have been entirely destroyed families fearing aftershocks have prepared to sleep on the streets
[01:01:55.080 --> 01:01:56.040]  in Mexico City
[01:02:02.040 --> 01:02:06.600]  a 6.1 magnitude earthquake has just hit off the eastern coast of japan about 200 miles from the
[01:02:06.600 --> 01:02:11.080]  fukushima power plant that has been in critical condition since it was struck by a tsunami
[01:02:11.080 --> 01:02:16.360]  in march of 2011 the quake was about 10 kilometers into the earth's crust there has been no reports
[01:02:16.360 --> 01:02:21.000]  of damages as of yet and a tsunami warning has not been issued this is the third large
[01:02:21.000 --> 01:02:26.040]  quake to strike in the last 24 hours after the disasters went in Mexico and a smaller one in
[01:02:26.040 --> 01:02:35.400]  new zealand astronomers have informed the public that in just this past week three never before
[01:02:35.400 --> 01:02:40.920]  discovered asteroids were spotted after they flew by earth rather close of the three the largest
[01:02:40.920 --> 01:02:46.600]  asteroid 2017 sq2 was spotted in hindsight on monday nearly four days after the warehouse size
[01:02:46.600 --> 01:02:54.280]  chunk of space rock skimmed by 125 000 miles above earth this was work roadie with your
[01:02:54.280 --> 01:03:11.960]  lowdown for september 20th 2017 it's all according to the well of the almighty
[01:03:11.960 --> 01:03:25.640]  i read his book and said he cares for the unsightly these warm unders come by that term of writing
[01:03:30.360 --> 01:03:38.680]  okay we are back brandy kelkin rule of law radio and we're talking to adam in texas okay adam
[01:03:38.680 --> 01:03:47.480]  hey um are you familiar with uh culpable mental state and penal code state i believe it is
[01:03:48.840 --> 01:03:58.440]  you know culpable and culpable state yeah uh hey uh intentional knowingly uh recklessly and
[01:03:58.440 --> 01:04:05.320]  negligently criminal negligence in the order of them how did they get in the accident how did they
[01:04:05.320 --> 01:04:18.840]  get to negligent homicide uh there was a man and his friend were driving or whatever they were driving
[01:04:18.840 --> 01:04:25.160]  down the road on a count road and the passenger took off his seatbelt and was reaching on the
[01:04:25.160 --> 01:04:30.040]  forward board and distracted the driver driver didn't see a stopway at a base at an intersection
[01:04:30.040 --> 01:04:38.520]  ran through it and an oncoming van hit him hit through the uh through the passenger of his
[01:04:38.520 --> 01:04:47.000]  truck out the window died died on this on the site and uh seriously injured the van that hit him
[01:04:48.360 --> 01:04:56.520]  my question is the da the original charge was the negligent homicide they added in manslaughter
[01:04:56.520 --> 01:05:03.240]  my question would be manslaughter requires a different culpable mental state reckless
[01:05:03.240 --> 01:05:09.160]  than uh negligent homicide only requires criminal negligence how can they charge you
[01:05:09.160 --> 01:05:15.400]  twice for the same transaction and inclaim that you're under multiple culpable mental states
[01:05:16.280 --> 01:05:24.840]  during the few seconds that if you have that that's uh not sure what's going on but this sounds
[01:05:24.840 --> 01:05:31.800]  like there's some politics going on here they're going to take one of those charges and offer
[01:05:31.800 --> 01:05:38.920]  offer to drop one if he cops to the other right i think they're going to try to they want him on
[01:05:38.920 --> 01:05:45.720]  the reckless manslaughter but uh and they threw in the aggravated assault which is ridiculous
[01:05:45.720 --> 01:05:49.720]  because you they would have to the elements of that they would have to prove intentional
[01:05:49.720 --> 01:05:54.840]  knowing and recklessly for the aggravated assault and they would have to prove that the vehicle he
[01:05:54.840 --> 01:06:01.240]  was using during the accident was a deadly weapon and they put that count put that in on all three
[01:06:01.240 --> 01:06:07.480]  counts well proving that it was a deadly weapon would prove that he intention he would have had
[01:06:07.480 --> 01:06:15.160]  to have intentionally used the vehicle to kill somebody else with right which is ridiculous
[01:06:15.160 --> 01:06:22.120]  they could never prove that i mean it's a traffic accident they're using statues that to me you know
[01:06:22.120 --> 01:06:27.080]  that the assault a simple assault and aggravated i mean that doesn't really apply to traffic accidents
[01:06:27.080 --> 01:06:33.560]  i mean stuff happens on the road everybody knows to take a risk it doesn't go to me there's no
[01:06:34.360 --> 01:06:41.720]  demonstrable mensraeus there may be didn't demonstrable negligence but not mensraeus
[01:06:41.720 --> 01:06:45.960]  well that's the thing the original charge is the only one that has a complaint
[01:06:46.760 --> 01:06:52.440]  it falls in line with all the uh process the original charge which is the negligence
[01:06:52.440 --> 01:06:57.880]  homicide where do they get the reckless manslaughter the prosecutor can charge him with
[01:06:57.880 --> 01:07:06.600]  anything he wants to regardless of a complaint i mean it was an afiant credible listen listen
[01:07:06.600 --> 01:07:14.680]  you still think this is about law it's about politics he's throwing that second charge in
[01:07:14.680 --> 01:07:21.560]  there knowing there's absolutely no chance that he can even get it to court because it goes to
[01:07:21.560 --> 01:07:30.440]  double jeopardy and he uses the more serious charge as leverage to get him to cop to the negligence
[01:07:30.440 --> 01:07:39.400]  charge right that's about something there okay so i mean how do you the emotion to set aside
[01:07:39.400 --> 01:07:45.880]  you know uh count one and count three you felt a pleading double jeopardy
[01:07:47.960 --> 01:07:52.600]  double jeopardy on the manslaughter and negligence homicide for the same transaction
[01:07:53.240 --> 01:07:57.800]  exactly it's impossible to be in two culpable mental states at the same time you can't kill
[01:07:57.800 --> 01:08:02.200]  somebody in two different ways randy with two different culpable mental states impossible
[01:08:05.160 --> 01:08:09.880]  well maybe he was a vampire and came back from the dead and got killed in the second time
[01:08:11.000 --> 01:08:16.520]  that's about as plausible as the two charges are randy are you familiar with the neighbors
[01:08:16.520 --> 01:08:22.200]  neighbors well services limited versus war this is 2015 supreme tech supreme court decision where
[01:08:22.200 --> 01:08:31.080]  they're now allowing uh in the old days it was the driver had 100 percent responsibility as far as
[01:08:31.080 --> 01:08:37.240]  it was unbuckled and during a you know a crash in their car but the the neighbors well services
[01:08:37.240 --> 01:08:45.320]  limited in 2015 opened the door for uh now it's whoever's you're personally responsible if if
[01:08:45.320 --> 01:08:53.240]  you're not wearing your seatbelts not the driver's 100 fault anymore uh solely your your responsibility
[01:08:53.240 --> 01:08:59.400]  or partially to have your own seatbelt on and if a wreck occurs and you sustain serious body
[01:08:59.400 --> 01:09:05.320]  injuries i guess and or death uh it's it's partially at least partially your fault are you familiar
[01:09:05.320 --> 01:09:12.360]  with the neighbors well services no i'm not okay okay well that's another thing i mean
[01:09:12.360 --> 01:09:20.440]  they're already saying i mean if the passenger who got thrown from from the car it it's already in
[01:09:20.440 --> 01:09:27.960]  the testimony that uh he wasn't wearing his he took his own safety belt off if he's now partially
[01:09:27.960 --> 01:09:33.000]  or solely culpable what i mean how do you how do you enter that into the court record without
[01:09:33.000 --> 01:09:43.480]  being judicial notice i mean how you bring that in before yeah if if it's in a statement by did
[01:09:43.480 --> 01:09:47.400]  did an officer investigate the accident determine that he wasn't wearing a seatbelt
[01:09:49.560 --> 01:09:56.280]  yeah well the the driver the descendant who was driving when when when when it when it happened
[01:09:56.280 --> 01:10:04.280]  and the passenger where the passengers was thrown he uh it's in the uh tps report that's okay also in
[01:10:04.280 --> 01:10:10.520]  the dps report that there was no evidence that the passenger was restrained by a seatbelt
[01:10:13.560 --> 01:10:17.240]  no there's no evidence that's why he was going from the vehicle if he if he should have been
[01:10:17.240 --> 01:10:22.040]  restrained probably restrained he probably don't have been thrown out during the role
[01:10:22.040 --> 01:10:28.600]  so what what establishes a statement of facts the fact that he was thrown from a vehicle
[01:10:28.600 --> 01:10:37.080]  doesn't mean that it's before the court if a statement was made by the dps officer
[01:10:37.080 --> 01:10:42.600]  that on his investigation he determined that he wasn't wearing a seatbelt that establishes the
[01:10:42.600 --> 01:10:50.200]  fact the the fact that the accused claimed he wasn't doesn't make it a fact okay but the third
[01:10:50.200 --> 01:10:55.240]  party said it was now it becomes a fact that the court can't that the court has to take judicial
[01:10:55.240 --> 01:11:03.400]  judicial notice of okay you understand everything they're doing uh has nothing to do with trial
[01:11:04.120 --> 01:11:11.960]  it has to do with what can we con him in to accept it so your team if it does if it does come to
[01:11:11.960 --> 01:11:18.520]  trial these this man slaughtered aggravated small will probably disappear absolutely with you push
[01:11:18.520 --> 01:11:24.040]  it that far like no the answer is no no no no trial drill drill drill drill get the trial
[01:11:24.040 --> 01:11:27.800]  the man slaughtered aggravated salt aren't going to be on there anymore it's just a tool
[01:11:28.680 --> 01:11:35.800]  exactly okay uh can the assistant district attorney sign the complaint
[01:11:37.080 --> 01:11:43.800]  right under the athens no well under the if there's there has to be an athena if there's a
[01:11:43.800 --> 01:11:48.760]  third party after it yes then it doesn't make any difference if the district attorney signs it
[01:11:50.120 --> 01:11:55.080]  okay so there's a credible person who's not the prosecutor has signed it then it's valid
[01:11:56.760 --> 01:12:04.520]  okay um uh just a few more questions concerning the court appoints us first and uh properly
[01:12:04.520 --> 01:12:15.000]  grieving him and things like that uh the court appoint attorney uh can like say for instance
[01:12:16.280 --> 01:12:21.000]  uh a waiver of arrangements say the say the court appoint service goes in there and
[01:12:21.720 --> 01:12:28.040]  the client doesn't properly release the waiver of arrangements it hasn't been fully informed of this
[01:12:28.040 --> 01:12:36.760]  range of uh of uh the range of uh you know how long they can put in the jail
[01:12:37.720 --> 01:12:40.680]  okay did his lawyer waive arrangement for him
[01:12:43.320 --> 01:12:50.280]  yeah well no he's got his signature but thing is the the client saying uh he wasn't aware and he
[01:12:50.280 --> 01:12:57.160]  was he wouldn't over basically through deception it seems that he got his signature to waive the
[01:12:57.160 --> 01:13:05.000]  arraignment the other thing is if you did a uh me a court appointed attorney who's also pretty hard
[01:13:05.000 --> 01:13:13.800]  to get along with he did a uh one second hold on let's stay with one thing at a time the rain
[01:13:13.800 --> 01:13:21.400]  waiver of arraignment has he been to trial has he been to any motion hearings or anything yet
[01:13:21.400 --> 01:13:27.960]  no they had the complaint they brought in the complaint uh the jp issue warrant they
[01:13:27.960 --> 01:13:33.400]  requested him there was no evidence of examining trial okay okay we do nothing to all of your gifts
[01:13:33.400 --> 01:13:46.120]  again uh what is the harm from the waiver of arraignment well i guess not much but the second
[01:13:46.120 --> 01:13:55.240]  thing we came to not necessarily uh part of due process the an arraignment besides giving him
[01:13:55.240 --> 01:14:05.720]  notice is not part of an arraignment 26.01 says uh and 26.02 says arraignment is held for the
[01:14:05.720 --> 01:14:10.600]  purpose of determining the identity of the accused and taking a plea
[01:14:10.600 --> 01:14:19.400]  correct that's all i go to see let me put it see you this way when the court appointed attorney
[01:14:19.400 --> 01:14:26.520]  uh did a docket setting order says on september 26 pursuant to article one point one four
[01:14:26.520 --> 01:14:30.520]  total criminal procedure this the defendant voluntarily waives the right to be present
[01:14:30.520 --> 01:14:34.760]  to have a dead cause addressed on the record no court agrees that the above captioned cause
[01:14:34.760 --> 01:14:41.320]  be reset as check below in the ball of law county district court room ball of law can
[01:14:41.880 --> 01:14:47.240]  can the attorney waive the client the poor boy attorney waive the client's rights without the
[01:14:47.240 --> 01:14:57.720]  client signature yes okay how can you do that your person in the courtroom is your lawyer
[01:14:57.720 --> 01:15:07.480]  he can throw you directly under the bus okay yeah it just seems silly that he would waive that
[01:15:07.480 --> 01:15:12.200]  meaning of because if you read article one point one three cross criminal procedure i mean
[01:15:13.160 --> 01:15:19.720]  you're waiving your right to uh you know objecting defects or errors things like that in the
[01:15:20.280 --> 01:15:26.360]  in the indictment or information you're waiving a lot of right why would he why would he just
[01:15:26.360 --> 01:15:33.960]  waive those rights just to uh extend the docket setting if there is no error in the
[01:15:35.400 --> 01:15:42.040]  no error that he knows of in the indictment of the pleadings then it's no harm no foul
[01:15:42.680 --> 01:15:49.880]  if he discovers a error that he wasn't aware of at the time the waiver doesn't stand
[01:15:49.880 --> 01:15:57.080]  but what if what if the the objection was that there was no again these girls
[01:15:58.280 --> 01:16:04.520]  that's a that's a separate issue all together okay so he didn't waive that right to raise the
[01:16:04.520 --> 01:16:13.080]  issue of the no 16.17 ccp yeah that goes to subject matter jurisdiction and that can't be waived
[01:16:13.080 --> 01:16:21.640]  without a 16.17 order the argument is there's no subject matter jurisdiction okay
[01:16:24.120 --> 01:16:32.040]  all right um one more question okay let's save that for the other side we're about to go to break
[01:16:32.600 --> 01:16:39.080]  this is randy kelton wheel of law radio our call in number 512 646 1984
[01:16:39.080 --> 01:16:46.440]  we'll mark chris john i see y'all there we'll get to everybody we'll be right back
[01:16:48.520 --> 01:16:49.640]  he can throw my balls
[01:16:59.880 --> 01:17:04.760]  i love logos without the shows on this network i'd be almost as ignorant as my friends i'm so
[01:17:04.760 --> 01:17:10.200]  addicted to the truth now that there's no going back i need my truth fit i'd be lost without logos
[01:17:10.200 --> 01:17:14.680]  and i really want to help keep this network on the air and i'd love to volunteer as a show producer
[01:17:14.680 --> 01:17:19.240]  but i'm a bit of a luddite and i really don't have any money to give because i spent it all on
[01:17:19.240 --> 01:17:25.640]  supplements how can i help logos well i'm glad you asked whenever you order anything from amazon
[01:17:25.640 --> 01:17:30.600]  you can help logos but ordering your supplies or holiday gifts first thing you do is clear your
[01:17:30.600 --> 01:17:38.360]  cookies now go to logos regular dot com tick on the amazon logo and bookmark it now when you order
[01:17:38.360 --> 01:17:45.240]  anything from amazon you use that link and logos gets a few pesos do i pay extra no do i have to do
[01:17:45.240 --> 01:17:52.120]  anything different when i order no can i use my amazon prime no i mean yes wow giving without
[01:17:52.120 --> 01:17:58.520]  doing anything or spending any money this is perfect thank you so much we are welcome happy
[01:17:58.520 --> 01:18:04.840]  holidays logos are you being harassed by debt collectors with phone calls letters or even lawsuits
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[01:18:21.800 --> 01:18:27.320]  contacted by phone mail or court summons how to answer letters and phone calls how to get debt
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[01:18:49.560 --> 01:18:58.840]  that's rule of law radio dot com or email michael mirris at yahoo dot com to learn how to stop debt
[01:18:58.840 --> 01:19:19.720]  collectors now the logos the logos radio net okay we are back brandy kelton rule of law radio
[01:19:19.720 --> 01:19:27.640]  and we're talking to adam in texas okay adam you had another question yeah uh the quarter
[01:19:27.640 --> 01:19:35.800]  point attorney uh there's been a severe lack of communication uh and some other disturbing
[01:19:35.800 --> 01:19:44.680]  behavior and and uh statements from the from the quarter point attorneys uh bar grievances
[01:19:46.360 --> 01:19:53.720]  have you barred grieved him or has your the guy barred grieved him well got got the forms printed
[01:19:53.720 --> 01:20:02.280]  out about to give him to the defendant so that he can uh make sure he files them one at a time at
[01:20:02.280 --> 01:20:09.640]  least a few days if not a week apart otherwise the borrow get them group them all together and
[01:20:09.640 --> 01:20:17.320]  treat them like one okay you want to really want to sting him you want to do him one at a time and
[01:20:17.320 --> 01:20:25.560]  then you know the first thing the attorney's going to do is move the court to be to withdraw right
[01:20:26.760 --> 01:20:32.520]  and you know what to tell the guy he would draw on his own after what after he receives
[01:20:32.520 --> 01:20:38.440]  notice that the grievances have been filed as a PDG yeah first he's going to do is move to
[01:20:38.440 --> 01:20:46.840]  withdraw and what you do is you go in and object to withdraw that he's counsel of choice and they're
[01:20:46.840 --> 01:20:53.240]  going to say well if you can't get along with your lawyer why do you want to keep him i said
[01:20:53.240 --> 01:20:59.160]  that matter forget another one he's going to do the same thing best thing i and and the lawyers
[01:20:59.160 --> 01:21:03.240]  under contract and they're going to tell you is if he's corner ported they're going to say well
[01:21:03.240 --> 01:21:09.000]  he's not under contract reviews under contract state and you're going to say well yes he is
[01:21:09.000 --> 01:21:13.800]  but i'm the intended third party beneficiary so i have standing under the contract he's my
[01:21:13.800 --> 01:21:20.680]  he's my counsel of choice and you are not to interfere with my contract the judge allows him
[01:21:20.680 --> 01:21:25.640]  to withdraw you get to sue the judge for the constitutional violation of interfering with
[01:21:25.640 --> 01:21:33.880]  a private contract so once the lawyer knows he can't withdraw and you're going to bar grieve him
[01:21:33.880 --> 01:21:41.320]  every time he turns around now he can go to the court and say i have an unruly client you've
[01:21:41.320 --> 01:21:51.400]  got to bail me out of this spot have you heard my foresighted chessboard example yes sir this
[01:21:51.400 --> 01:21:56.840]  this goes to the foresighted chess chessboard for those who haven't heard it when you go into court
[01:21:56.840 --> 01:22:03.800]  and you sit down at the table your client is to your right opposing counsel is to the left
[01:22:03.800 --> 01:22:12.520]  and judges across from you hang on just
[01:22:17.560 --> 01:22:25.880]  and the judges across from you have a relationship with your lawyer your lawyer has a relationship
[01:22:25.880 --> 01:22:30.600]  with opposing counsel and the judge because they deal with each other all the time if you can't get
[01:22:30.600 --> 01:22:38.040]  inside that relationship your lawyer is not throw you under the bus especially if he's court appointed
[01:22:39.160 --> 01:22:43.560]  as court appointed he doesn't want to do anything that annoys the judge or he won't get appointed
[01:22:43.560 --> 01:22:53.000]  next time so you sting your own lawyer and now your lawyer is going to go to the court and say
[01:22:53.000 --> 01:23:01.240]  your honor i got this dirty rotten scoundrel for a client he's beating me up you got to help me out
[01:23:01.240 --> 01:23:05.880]  that's how i got my last case dismissed they dismissed the case to protect my lawyer from me
[01:23:07.000 --> 01:23:15.000]  okay go ahead adam well i'm not the defendant so how far can a person go in helping an incarcerated
[01:23:15.000 --> 01:23:24.440]  defendant there are supply supply with blank forms things like that when does it all send to well
[01:23:24.440 --> 01:23:31.560]  technically the lawyer's on your dime so where he's where he's court appointed
[01:23:33.480 --> 01:23:39.240]  wait say that again i'm not the defendant i'm just helping the defendant who's incarcerated
[01:23:39.240 --> 01:23:46.200]  so the court for attorney is not on my dime oh yes he is is the defendant paying the lawyer
[01:23:48.200 --> 01:23:53.880]  no he's court appointed indigent the defendant's indigent who's paying the lawyer
[01:23:55.400 --> 01:24:04.760]  the state the the the the the public defenders yeah you are okay yeah right that's where you
[01:24:04.760 --> 01:24:10.600]  have standing anybody can file the grievances on the attorney it doesn't have to be the defendant
[01:24:10.600 --> 01:24:17.000]  who's represented he's on the taxpayers dime okay at the end of the day it doesn't matter
[01:24:18.120 --> 01:24:24.120]  no because no matter what you file against the lawyer the state bar is going to get
[01:24:24.120 --> 01:24:30.360]  toward the trash so if they say well you don't have the dynamic to file this grievance we won't
[01:24:30.360 --> 01:24:37.560]  throw it in the trash okay because their insurance carrier they don't care valid invalid
[01:24:38.200 --> 01:24:43.640]  standing those they don't care you get a bar grievance we double your malpractice insurance
[01:24:43.640 --> 01:24:53.320]  you're a prosecutor and attorney we raise your bond rating unfair life is tough so yes you can
[01:24:53.320 --> 01:25:01.480]  file anything you want to i don't suggest filing unfounded or baseless bar grievances never
[01:25:01.480 --> 01:25:07.320]  necessary yeah it goes to my next question there's a constant of the of the real grievances they should
[01:25:07.320 --> 01:25:19.880]  be somewhat dispensated with with uh you know with fact absolutely it's never appropriate
[01:25:19.880 --> 01:25:26.520]  to defend it making that making the argument either yeah file those bar grievance because
[01:25:26.520 --> 01:25:34.360]  it is never necessary what you'll wind up doing is sorting through the potential bar grievances
[01:25:34.360 --> 01:25:41.880]  you have go to the american bar association model standards and read chapters one and two that's all
[01:25:41.880 --> 01:25:48.200]  for the most parts you really care about the rest of it slow your stuff you won't believe all the
[01:25:48.200 --> 01:25:55.720]  things you can grieve them for and when you write the grievance write it in the verbiage of the
[01:25:55.720 --> 01:26:05.000]  standard the violating okay is the is the uh the texas bar association model standards is that on
[01:26:05.000 --> 01:26:14.840]  the uh uh the seminar that we purchased no i didn't include them in there are you talking about the
[01:26:14.840 --> 01:26:24.280]  ebook oh no i bought the the whole thing man you're not just a eddie's seminar he probably
[01:26:24.280 --> 01:26:28.920]  doesn't have them in there because it's it's not a good idea because they that would be static
[01:26:29.560 --> 01:26:36.280]  you can just go to the state bar association and pull up their cannons and read them current just
[01:26:36.280 --> 01:26:44.440]  oh you have to read the first two right section one and two that's the one that goes to lawyers
[01:26:44.440 --> 01:26:51.320]  and their clients i think there's a little bit in three but you read one and two and you will have
[01:26:51.320 --> 01:26:59.240]  more stuff you can file against that these guys and you will believe okay so that part's easy in
[01:26:59.240 --> 01:27:07.320]  the the state bar association i mean texas bar association standards are an adaptation of the
[01:27:07.320 --> 01:27:14.280]  american bar association model standards that's why i always go to the model standards the state
[01:27:14.280 --> 01:27:20.680]  changes them around a little bit but mostly in circumstances that apply to lawyer on lawyer issues
[01:27:22.280 --> 01:27:26.440]  the stuff between lawyers and clients are almost identical in all of the states
[01:27:28.200 --> 01:27:32.200]  so if it's wrong in the american bar association standard is wrong everywhere
[01:27:33.080 --> 01:27:39.080]  but it doesn't matter which one you look at they're almost exactly the same okay so when when
[01:27:39.080 --> 01:27:47.640]  the court of attorney motions to withdraw defendant would motion to not withdraw you you object you
[01:27:47.640 --> 01:27:55.720]  file an op a response in opposition he's my council of choice he's under contract and this court has
[01:27:55.720 --> 01:28:02.760]  no power to interfere with a private contract and a quarter point is a private contract yeah
[01:28:02.760 --> 01:28:11.000]  and now you have the lawyer on the dime gotcha okay do you have anything else for us
[01:28:11.880 --> 01:28:16.760]  no sir thank you very much randy all righty thank you adam now we're going to mark in
[01:28:16.760 --> 01:28:32.120]  wisconsin mark you got a miss pass what's that sir before break oh um all right this is the 29th day
[01:28:32.120 --> 01:28:42.840]  of september yes it is because that was an inside joke okay yes all right um so when we come back
[01:28:42.840 --> 01:28:49.880]  from break uh the credit card in collection laws we've got two sets we've got the wisconsin
[01:28:50.440 --> 01:28:55.880]  consumers act and then we've got the fair debt collection practices act i have violations that
[01:28:55.880 --> 01:29:03.400]  ultimately could go to the feds but the feds the way i've read paperwork says hey solve stuff in the
[01:29:03.400 --> 01:29:14.600]  state first and i need to figure out how to get the thing to walk in the time in the feds before
[01:29:14.600 --> 01:29:19.800]  because this wisconsin's case is going to take a while and i'm not sure how i go ahead and make
[01:29:19.800 --> 01:29:27.960]  sure that the clock is told in the feds such that i don't uh i'm not eligible then to bring the
[01:29:27.960 --> 01:29:34.040]  complaint in the fed other than for offset purposes okay that's simple enough we'll pick that up when
[01:29:34.040 --> 01:29:39.960]  we come back on the other side right this is randy kelton rule of law radio or call in number
[01:29:39.960 --> 01:29:47.480]  512 646 1984 so we'll have our phone lines open all night so if you have a question or comment
[01:29:47.480 --> 01:29:54.120]  give us a call generally builds up toward the end so if you want to get in get in early we'll be right
[01:29:54.120 --> 01:30:06.600]  back what smells so bad taxi drivers in bangkok won't let you into a cab if you're carrying it
[01:30:06.600 --> 01:30:11.720]  amazingly it's a food and i've actually eaten it i've got your cap for an albrecht and i'll be back
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[01:33:07.400 --> 01:33:20.440]  um
[01:33:23.640 --> 01:33:30.120]  okay we are back randy kelton rule our radio we're talking to bark in wisconsin okay go
[01:33:30.120 --> 01:33:40.600]  ahead mark all right that's easy okay yeah hard things stay out of the federal court now the
[01:33:40.600 --> 01:33:48.920]  federal court says they want you to adjudicate your issue in the state first but they want one hand
[01:33:48.920 --> 01:33:57.800]  you know what any other you can choose your venue if you make an accusation under the consumer
[01:33:57.800 --> 01:34:05.480]  protection laws and you file it in the federal court it sticks all right so i should just go
[01:34:05.480 --> 01:34:13.480]  ahead and start grafting that up and get it filed then yeah if you drafted it up and only made
[01:34:13.480 --> 01:34:21.480]  state claims and filed it in the fed then the other side could come in under the 2011 venue
[01:34:21.480 --> 01:34:30.280]  and removal clarification act okay there was a split between the circuit some of the circuit said
[01:34:30.280 --> 01:34:36.520]  if you have a case with state and federal issues the feds can hear the state issues
[01:34:37.160 --> 01:34:43.000]  under the doctor of judicial economy some of the other circuits said no no no we can't
[01:34:43.000 --> 01:34:49.240]  hear state issues that's an undue intrusion on state sovereignty or preemption of state sovereignty
[01:34:49.240 --> 01:34:57.240]  so the legislature stepped in and settled the issue they said that while an issue with
[01:34:57.800 --> 01:35:05.400]  with state and federal claims can be removed to the fed the state claims must be severed and
[01:35:05.400 --> 01:35:13.080]  remanded so if you file one with only state issues in it in the fed the other side will
[01:35:13.080 --> 01:35:23.320]  uh file an opposition and push you down in the state okay i filed a title in the state
[01:35:24.440 --> 01:35:33.240]  the van really removed it based on diversity of citizenship and i maintain minimum contacts
[01:35:33.240 --> 01:35:38.360]  under international shoe and file a challenge subject matter jurisdiction i did not file a
[01:35:38.360 --> 01:35:47.640]  removal this judge Mcbride knew me and he had a practice of dismissing my cases with prejudice
[01:35:48.280 --> 01:35:53.560]  he dismissed it with prejudice the same day i've non-suited not filed criminal charges against him
[01:35:53.560 --> 01:35:59.240]  because he didn't answer the subject matter jurisdiction charge oh that was great fun
[01:35:59.240 --> 01:36:07.640]  anyway okay got another question no no um i just wanted to point out that uh it's interesting you
[01:36:07.640 --> 01:36:13.160]  should always pay attention to the documents and where they're coming from in the case the law firm
[01:36:13.160 --> 01:36:20.680]  is out of state everything has come out of state except the latest filings those are coming out
[01:36:20.680 --> 01:36:28.840]  of the local office and the affidavit of mailing was done by the attorney uh rather than here's a
[01:36:28.840 --> 01:36:35.960]  third party that did the mailing the fonts are different and he submitted paperwork and asking
[01:36:35.960 --> 01:36:44.440]  the court and cited statute and no case law so i think i might be getting to him good
[01:36:46.520 --> 01:36:53.000]  but if you're in the state court they can yeah we didn't understand that part
[01:36:54.040 --> 01:36:59.880]  even we're in the state court they have an outside of the state party acting in the case
[01:36:59.880 --> 01:37:10.680]  and diversity of citizenship is a grounds for removal yeah well he's a state he's yeah he's
[01:37:10.680 --> 01:37:16.840]  a state sponsored lawyer he's got the state bar card the the interesting part is whether
[01:37:16.840 --> 01:37:24.360]  in terms of uh law firm has policies and procedures that all of all paperwork kind of go through their
[01:37:24.360 --> 01:37:33.160]  office because if that's the case then he isn't following policy procedure okay well the point
[01:37:33.160 --> 01:37:42.680]  i was going to go to is diversity of citizenship is a affirmative defense to a case in the state
[01:37:43.960 --> 01:37:49.320]  but you don't have to claim your right to move it to the fed you can go ahead and leave it in the
[01:37:49.320 --> 01:37:55.160]  state that was a point i wanted to make that just because they're diverse if they're happy with the
[01:37:55.160 --> 01:38:03.800]  state then and you're happy with the states you can leave it there yeah i i i'm more wanting to
[01:38:03.800 --> 01:38:13.320]  make sure that the fair debt collection practices act material um doesn't hold technically it has
[01:38:13.320 --> 01:38:23.880]  to hold um because it told in july but this lawsuit wasn't filed until august or august
[01:38:23.880 --> 01:38:31.480]  um april of this year so it hadn't told when the state lawsuit started so i'm not a hundred
[01:38:31.480 --> 01:38:39.400]  percent sure how i'm going to word that in the fed but uh and just say that you know residue
[01:38:39.400 --> 01:38:45.320]  dakota blah blah blah and throw that stick that up against wall or if i just ignore the fact that
[01:38:46.520 --> 01:38:54.520]  things started outside of the year time frame okay here's something i have before the u.s supreme
[01:38:54.520 --> 01:39:03.960]  right now in a case out of new york goes to statute of limitations statute of limitations is not a bar
[01:39:03.960 --> 01:39:12.280]  there's a affirmative that must be played under rule eight federal rules of civil procedure
[01:39:14.200 --> 01:39:19.240]  so if you file it mistake they're going to have to claim statute of limitations and
[01:39:21.960 --> 01:39:30.040]  i think they're going to run anyway if you filed in the state that and you didn't make a claim under
[01:39:30.040 --> 01:39:37.160]  the federal uh consumer protection law that clock one of you
[01:39:40.280 --> 01:39:47.000]  well the the other thing is if there has been a decision in the last few months
[01:39:48.280 --> 01:39:54.920]  in our district the seventh district that they're allowing a fair debt collection practices act to
[01:39:54.920 --> 01:40:03.560]  go forward outside of the normal one year one year you get to file the suit after a year it's for
[01:40:03.560 --> 01:40:12.760]  set off purposes only they are allowing excuse me allowing that one to go through because the
[01:40:12.760 --> 01:40:21.320]  consumer didn't know about it until past the one year and i was planning on structuring my claim
[01:40:21.320 --> 01:40:26.360]  to definitely get that so i'll write on whatever that decision is going to be
[01:40:27.240 --> 01:40:34.920]  that's so well established that the if you weren't given proper notice the clock starts running when
[01:40:34.920 --> 01:40:46.040]  you do have notice yeah that is directly computed all right i believe that's everything for this
[01:40:46.040 --> 01:40:53.400]  evening um i guess i'll have to add to my list of things to do is start uh actually my very first
[01:40:53.400 --> 01:41:04.360]  federal lawsuit and i'm guessing the bank will be no end of amused when they get served a federal
[01:41:04.360 --> 01:41:16.120]  lawsuit on this uh hundred three thousand dollar debt that they want to collect that so likely to
[01:41:16.120 --> 01:41:21.400]  make them happy especially when you especially we start bargweaving the lawyers and that costs
[01:41:21.400 --> 01:41:29.400]  some about 25 grand a pop well i was going to go after the ceo next of the firm in minnesota
[01:41:29.400 --> 01:41:36.680]  because if i'm right that he's not following policy that's actually going to be what i'm
[01:41:36.680 --> 01:41:42.440]  claim i'm going to claim is he's not following his policy because now this little piece of
[01:41:42.440 --> 01:41:50.120]  paper showed up out of directly from wisconsin as opposed to true miss soda
[01:41:50.120 --> 01:42:02.600]  and uh he the attorney in his latest affidavit made a claim that the that i have never says
[01:42:02.600 --> 01:42:11.800]  whether i'm protesting this this claim guilty or not not guilty i've never said this but one
[01:42:11.800 --> 01:42:17.960]  it was actually said that the hearing that attorney was not at and two how is the case
[01:42:17.960 --> 01:42:21.480]  moving forward if there wasn't an objection
[01:42:26.200 --> 01:42:31.720]  you are the plaintiff or you're the defendant defendant i'm the defendant the plaintiff wrote a
[01:42:31.720 --> 01:42:38.280]  no or wrote an affidavit and item four in his affidavit is that there's never been a denial
[01:42:38.280 --> 01:42:48.360]  of orally or whatever orally or written late written writing why what is there a judgment well
[01:42:48.360 --> 01:42:58.200]  that's what he's going to i need my judgment and of course well yes there was a oral denial of the
[01:42:58.200 --> 01:43:03.800]  the accusations but that was at the first hearing when you weren't there so he's made an affidavit
[01:43:03.800 --> 01:43:11.480]  on something he does not have first-hand personal knowledge but ultimately why is the case even
[01:43:11.480 --> 01:43:19.320]  moving forward if that wasn't how is he testifying anyway he wrote another affidavit is a second one
[01:43:20.200 --> 01:43:26.920]  yeah but he's a lawyer yeah he wrote another affidavit how does he fall in affidavit he's
[01:43:26.920 --> 01:43:34.920]  not allowed to testify wow he did again oh you get to call him to stand then well he's already
[01:43:34.920 --> 01:43:43.400]  this is the second time he's done it oh lawyers suck his witnesses good they're used to doing it to
[01:43:43.400 --> 01:43:48.440]  other people they're not used to having it done to them when you get one of them on the stand
[01:43:48.440 --> 01:43:55.800]  they really act stupid all right i'll keep that in mind and uh let's get your next caller after
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[01:46:23.320 --> 01:46:32.440]  okay we are back randy kelton the root of our radio and we're going to chris in pennsylvania
[01:46:32.440 --> 01:46:40.680]  hello chris what do you have for us today hi randy um i just uh i'm calling to find out your your
[01:46:40.680 --> 01:46:56.440]  opinion on my mortgage being a third party uh indispensable third party i'm trying to figure
[01:46:56.440 --> 01:47:06.040]  out we i've located the trust in the scenario um and the trust is not mentioned in record
[01:47:06.040 --> 01:47:18.680]  um and i'm wondering if at this point in my my mortgage battle um it would be a strong enough
[01:47:18.680 --> 01:47:28.440]  case to make a third party uh indispensable third party or that the party of the trust
[01:47:28.440 --> 01:47:36.600]  who is not mentioned in record would have failed to properly prosecute the lien prior to the filing
[01:47:36.600 --> 01:47:42.280]  of the chapter seven which left the mortgage in note unsecured and both discharged
[01:47:47.080 --> 01:47:52.680]  okay a little too complex for me to understand exactly what you're asking
[01:47:52.680 --> 01:48:02.280]  um well i've gotten to the point where you know we've had a foreclosure you're asking you could
[01:48:02.280 --> 01:48:15.080]  claim the trust as an indispensable third party correct does the claimant
[01:48:15.080 --> 01:48:26.440]  purport to act as the agent for the holder correct would the trust disagree that he was the agent
[01:48:26.440 --> 01:48:36.360]  for the holder um i'm not sure the trust isn't mentioned in the in any of the foreclosure paperwork
[01:48:37.240 --> 01:48:44.040]  then you would have to have some way to show that the agent was not the agent for the
[01:48:44.040 --> 01:48:51.160]  the actual bona fide holder and in order to get that done you'd have to get the holder degree to that
[01:48:55.080 --> 01:49:03.720]  okay because if just the holder says yeah this guy's my agent you've got no claim
[01:49:06.200 --> 01:49:10.120]  okay even though they failed to make him a party to the
[01:49:10.120 --> 01:49:20.040]  to the foreclosure claim yes the the parties generally they use the servicer for that purpose
[01:49:22.120 --> 01:49:29.000]  the servicer stands as the agent for the holder okay that's not one i think you and
[01:49:29.000 --> 01:49:34.760]  that i suspect you'd be able to get passed i mean it might make a nice fight or nice art
[01:49:34.760 --> 01:49:45.320]  okay so then how about uh if if the bankruptcy in chapter seven which came before the foreclosure
[01:49:45.320 --> 01:49:57.080]  case and the trust was who was the lender for the purported party of interest failed to
[01:49:57.080 --> 01:50:05.080]  to establish proper section of the lien by recording it under the trust wouldn't that under
[01:50:08.040 --> 01:50:14.680]  four five four four one a bankruptcy code section 11 make the mortgage
[01:50:15.880 --> 01:50:21.800]  unsecured as well as the notes well there's most every state has a statute
[01:50:21.800 --> 01:50:27.000]  it reflects uh 30 001 texas property code
[01:50:30.680 --> 01:50:36.200]  you're getting a lot of background noise any claim against real property not properly acknowledged
[01:50:36.200 --> 01:50:42.920]  or proven and filed in the record is void is to the holder so if they have a claim
[01:50:44.280 --> 01:50:49.960]  you don't care now when i go after one of these i don't care who holds what
[01:50:49.960 --> 01:50:58.680]  i only care who has a claim filed in the record right it's not in the record
[01:50:58.680 --> 01:51:06.200]  then according to state law they have no standing don't care if they are the bona fide holder
[01:51:07.080 --> 01:51:14.600]  this goes to latches they had an opportunity to to perfect their lien
[01:51:14.600 --> 01:51:20.840]  but they failed to do that so they can't come back now and complain about it
[01:51:24.520 --> 01:51:31.560]  does that make sense yeah and it's an easier argument to make it's real clean
[01:51:33.640 --> 01:51:38.760]  every time i build a document that has a whole bunch of different arguments the judge will seem
[01:51:38.760 --> 01:51:44.280]  to pick the one he wants to throw the piece out on him and he ignores the rest
[01:51:45.720 --> 01:51:49.480]  i'm not about to go back after him for ignoring my other claims
[01:51:51.640 --> 01:51:57.960]  it always winds up that the the court i appeal to will say will say well
[01:51:59.000 --> 01:52:03.160]  his dismissal based on this point was accurate and they'll ignore the other claims
[01:52:03.160 --> 01:52:11.720]  so i like to file now really simple suits i want to take the claim that's hardest for them to
[01:52:11.720 --> 01:52:20.280]  overcome and file that one clean i just filed one the other day for someone in california
[01:52:20.840 --> 01:52:28.760]  and in california it was 1214 it said exactly almost exactly the same wording as texas law
[01:52:28.760 --> 01:52:35.720]  you didn't file it with county recorders office so it was publicly available to anyone with an
[01:52:35.720 --> 01:52:43.640]  interest in the property that could be the proper holder you just don't have standing to express
[01:52:43.640 --> 01:52:52.520]  your claim so if somebody hasn't filed you might look at going after them claiming that under
[01:52:52.520 --> 01:53:00.600]  this statute they don't have standing okay so what if what if the circumstances i find the
[01:53:00.600 --> 01:53:07.160]  the trust and i show that the mortgage or the person who's claiming an assignment from MERS
[01:53:07.800 --> 01:53:18.040]  for the lender who is no longer in business and sold the mortgage rights to the trust
[01:53:18.040 --> 01:53:24.040]  um is making its claim as holder based on its assignment from the person who never held
[01:53:25.800 --> 01:53:29.720]  that to the forceability there's there's another statute to look for
[01:53:32.680 --> 01:53:40.200]  we've got one in texas that says that any document filed in the public record by someone who does
[01:53:40.200 --> 01:53:47.160]  not have something filed in the record showing that they have standing to file a document affecting
[01:53:47.160 --> 01:53:53.080]  the record is fraudulent it's a special definition of fraud
[01:53:55.640 --> 01:54:00.920]  right the document itself is fraudulent so then you move for quiet title against the document
[01:54:02.920 --> 01:54:09.800]  right like it's MERS filed this document claiming to be the agent for the non-existent
[01:54:09.800 --> 01:54:17.160]  holder and your argument is is that the holder had a perfected claim
[01:54:19.080 --> 01:54:26.280]  prior to going out of business the holder did not transfer his claim to someone else
[01:54:26.280 --> 01:54:37.560]  so therefore he abandoned it right the problem with the with all of our arguments is
[01:54:37.560 --> 01:54:44.760]  is the judges are bought and paid for so the best we can hope for is to keep them in court till
[01:54:44.760 --> 01:54:58.360]  they get old have you filed my disclosure request to the judges no you might want to get that and
[01:54:58.360 --> 01:55:07.560]  file it yes the judge to give full disclosure of his finances oh yes yes we talked about that
[01:55:08.840 --> 01:55:16.200]  and the second half of the first half is all the things that the california law required them to
[01:55:16.200 --> 01:55:23.960]  disclose it was the most comprehensive and then the second half was questions going to all of the
[01:55:23.960 --> 01:55:32.760]  money laundering schemes i could find so even if the law the judge is uh cleaning his whistle
[01:55:33.880 --> 01:55:41.480]  it's gonna paint him with a broad brush we start looking behind the curtain we ask these
[01:55:41.480 --> 01:55:46.600]  questions because we believe he's dirty it's going to make him look dirty even if he's not
[01:55:46.600 --> 01:55:53.720]  uh-huh and at worst it at worst it'll make him more careful
[01:55:56.040 --> 01:55:59.880]  at best he'll rule ruling your favor just to keep you from looking further
[01:56:02.440 --> 01:56:09.160]  right but you know all these people say that think oh whoa that's gonna make the judge better at me
[01:56:09.160 --> 01:56:17.800]  he's gonna rule against you out of hand at every turn anyway how can that get worse
[01:56:20.200 --> 01:56:26.680]  right okay do you have anything else for us or did i answer your questions
[01:56:27.640 --> 01:56:33.240]  yeah the the only the uh the only issue that we're it's kind of being uh
[01:56:33.240 --> 01:56:42.520]  uh skirted by the bank is the issue of the of the trust um you know finding the trust
[01:56:43.880 --> 01:56:51.880]  showing that it was placed in a uh a trust and not being recorded um
[01:56:53.640 --> 01:57:00.600]  the sale of the of all the rights to the trust from the original lender who is making
[01:57:00.600 --> 01:57:11.320]  uh who the bank now is making a claim is um receiving those uh enforcement capabilities
[01:57:11.320 --> 01:57:20.200]  from was never really there um do you see where i'm going with that i see where you're going but
[01:57:20.200 --> 01:57:27.640]  the only place i see that'll get you there is that statute that requires them to to perfect
[01:57:27.640 --> 01:57:33.800]  that claim by filing it in the record okay well the original lender you know originally filed the
[01:57:33.800 --> 01:57:41.640]  mortgage but then sold it and none of the none of the other hold on hold on let's separate
[01:57:42.600 --> 01:57:52.360]  the note from the mortgage you're in a uh mortgage mortgage state where they have to
[01:57:52.360 --> 01:57:59.960]  sue to foreclose well they call the document a mortgage in a uh due to trust state they don't
[01:57:59.960 --> 01:58:05.480]  have to sue to foreclose okay here they have to sue to foreclose let's set separate the mortgage
[01:58:05.480 --> 01:58:17.480]  document from the note they this holder transferred or negotiated the note to a third party
[01:58:17.480 --> 01:58:28.840]  but held the the claim against the property so this bank or lender was holding a claim against
[01:58:28.840 --> 01:58:38.040]  the property and in in the case of a mortgage it was actually holding legal title then they
[01:58:38.040 --> 01:58:43.800]  went out of business without transferring the legal title to someone else and filing evidence
[01:58:43.800 --> 01:58:51.960]  with that in the public record it had to be the holder who fought the bible remains the most
[01:58:51.960 --> 01:58:57.560]  popular book in the world yet countless readers are frustrated because they struggle to understand it
[01:58:58.280 --> 01:59:04.200]  some new translations try to help by simplifying the text but in the process can compromise the
[01:59:04.200 --> 01:59:10.920]  profound meaning of the scripture enter the recovery version first this new translation
[01:59:10.920 --> 01:59:17.480]  is extremely faithful and accurate but the real story is the more than 9 000 explanatory footnotes
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