ROL_2017-10-13_16k_Hr1-2.timecode

[00:00.000 --> 00:07.480]  The following news flash is brought to you by The Low Star of Lowdown, providing you
[00:07.480 --> 00:14.800]  deli bulletins for the Commodity Market, Today in History, News Updates, and the Inside
[00:14.800 --> 00:23.200]  Scoop into the Tides of the Alternative.
[00:23.200 --> 00:29.400]  Markets for Wednesday, 20 September 2017, closed with gold at $1,383 an ounce, silver
[00:29.400 --> 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 in the 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 --> 01:06.600]  and women to serve openly in the military for the first time.
[01:06.600 --> 01:10.640]  In recent news, at least 225 people have been confirmed dead as a result of yesterday's
[01:10.640 --> 01:17.400]  7.1 earthquake, which struck 34 miles southwest of the city of Puebla in Mexico, 32 years
[01:17.400 --> 01:21.840]  to the day after the city's infamous quake that struck in 1985, which killed as many
[01:21.840 --> 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 --> 01:36.560]  Civil protection officials at the scene of at least 44 different locations where clamps
[01:36.560 --> 01:40.280]  or partially classed buildings are in the city, are reporting at least 50 people being
[01:40.280 --> 01:44.640]  rescued out of them who were 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 --> 01:52.280]  Mexican officials are stating that at least 39 buildings had been entirely destroyed.
[01:52.280 --> 02:02.160]  These fearing aftershocks have prepared to sleep on the streets in Mexico City.
[02:02.160 --> 02:06.440]  A 6.1 magnitude earthquake has just hit off the eastern coast of Japan about 200 miles
[02:06.440 --> 02:10.080]  from the Fukushima power plant that has been in critical condition since it was struck
[02:10.080 --> 02:12.800]  by a tsunami in March of 2011.
[02:12.800 --> 02:16.360]  The quake was about 10 kilometers into the Earth's crust, and there has been no reports
[02:16.360 --> 02:20.200]  of damages as of yet and a tsunami warning has not been issued.
[02:20.200 --> 02:24.400]  This is the third large quake to strike in the last 24 hours after the disasters went
[02:24.400 --> 02:28.360]  in Mexico and a smaller one in New Zealand.
[02:28.360 --> 02:35.920]  Astronomers have informed the public that in just this past week, three never-before-discovered
[02:35.920 --> 02:39.800]  asteroids were spotted after they flew by Earth, rather close.
[02:39.800 --> 02:44.960]  Of the three, the largest, Asteroid 2017 SQ2, was spotted in hindsight on Monday, nearly
[02:44.960 --> 02:50.760]  four days after the warehouse-sized chunk of space rock skimmed by 125,000 miles above
[02:50.760 --> 02:51.760]  Earth.
[02:51.760 --> 03:18.760]  Okay, howdy, howdy, Randy Kelkin, rule of law, Randy Kelkin.
[03:18.760 --> 03:25.440]  Okay, howdy, howdy, Randy Kelkin, rule of law, radio on this Friday, the 13th day of
[03:25.440 --> 03:28.440]  October, 2017.
[03:28.440 --> 03:36.360]  It is Friday the 13th, couple weeks before Halloween, so it should be a really good show.
[03:36.360 --> 03:45.880]  I do have the call lines open, our call in number is 512-646-1984, and already we have
[03:45.880 --> 03:54.240]  someone up on the call board, and of all people, Mark from Wisconsin, Mark, what have you been
[03:54.240 --> 03:56.280]  up to lately?
[03:56.280 --> 04:06.640]  Well, Mr. Kelkin, I've been listening to some of your old shows and been subject to
[04:06.640 --> 04:09.600]  disparaging comment in court.
[04:09.600 --> 04:13.240]  Well, horrible thing, pains my heart.
[04:13.240 --> 04:19.800]  Because you mean, someone in court said a disparaging word to you?
[04:19.800 --> 04:27.880]  Well, they certainly accused me of an anus crime, and they claimed that it was in the
[04:27.880 --> 04:33.320]  paperwork that I admitted that I was doing this anus crime.
[04:33.320 --> 04:35.720]  It was terrible, it was terrible.
[04:35.720 --> 04:41.040]  Mark, Mark, Mark, what have you done?
[04:41.040 --> 04:48.440]  Well, I went ahead and filed a motion, and there was a motion hearing that we were having.
[04:48.440 --> 04:55.360]  My motion that I filed, I asked for permission to record the court proceedings.
[04:55.360 --> 04:59.960]  And so the judge says, well, what are your motions?
[04:59.960 --> 05:07.360]  And I just pointed out, well, we've got the record, record these sessions, at which point
[05:07.360 --> 05:14.040]  the attorney on the other side, plaintiff's attorney, said, oh, well, your honor, according
[05:14.040 --> 05:18.000]  to his paperwork, he's recording them right now.
[05:18.000 --> 05:29.320]  And, of course, I objected and stated that that was a baseless allegation, et cetera.
[05:29.320 --> 05:36.400]  And the judge went ahead and stated that, well, you can't do that, and one thing you
[05:36.400 --> 05:42.840]  know that if you are doing this, this is a violation, and you will get sanctions, and
[05:42.840 --> 05:47.400]  you will get jail time, and blah, blah, blah, blah.
[05:47.400 --> 05:59.960]  Now, in listening to the older episodes, notably when Jeff from Missouri and Colin Jeff Sedgwick
[05:59.960 --> 06:05.920]  were having a back and forth, Jeff Sedgwick pointed out.
[06:05.920 --> 06:16.480]  The maximum of law that you must have noticed an opportunity before a penalty can be applied,
[06:16.480 --> 06:21.320]  and the penalty that the two of them were discussing was sanctions for the attorney.
[06:21.320 --> 06:26.560]  Now, part of the reason, given this idea, this may be part of the reason I've never
[06:26.560 --> 06:31.880]  really been successful with sanctions against an attorney, and I haven't given them notice
[06:31.880 --> 06:34.040]  an opportunity.
[06:34.040 --> 06:40.360]  But also, I was navel gazing at this and said, oh, well, wait a sec, state of Wisconsin
[06:40.360 --> 06:47.000]  rules procedures say, hey, once an attorney has been alerted that there's an error, they've
[06:47.000 --> 06:50.320]  got 30 days to fix it.
[06:50.320 --> 06:58.200]  And so, I thought to myself, so, have you considered writing a nice letter to the attorney
[06:58.200 --> 07:03.800]  saying, hey, you made this verbal statement, so I'm true?
[07:03.800 --> 07:07.320]  Well, I want you to correct that in the record formally.
[07:07.320 --> 07:10.200]  You have 30 days.
[07:10.200 --> 07:15.640]  And I wanted to get your thought on that, Randy, is ask this attorney to correct the
[07:15.640 --> 07:18.760]  statement that he made in the court, give him 30 days.
[07:18.760 --> 07:26.320]  I mean, in Congress, when a congressman makes a verbal statement that isn't right, they
[07:26.320 --> 07:31.080]  get before censured, they get an opportunity to correct the record.
[07:31.080 --> 07:36.640]  They'll go ahead and say, hey, it seems to be the case you want to correct the record.
[07:36.640 --> 07:43.200]  So, one, what do you think, and two, could this lack of giving them the, as you would
[07:43.200 --> 07:52.760]  have said in the 5-5-2016 show, civilness, in the civil case, give them the civil option
[07:52.760 --> 07:57.160]  of correction before I then ask for the ban hammer?
[07:57.160 --> 08:01.240]  Well, I would think that would be a good idea.
[08:01.240 --> 08:08.200]  And just to help motivate him to make the correction, you might bar grieve him at the
[08:08.200 --> 08:09.680]  same time.
[08:09.680 --> 08:14.840]  Well, I was thinking about bar grieving in the same time.
[08:14.840 --> 08:23.640]  This sounds to me like the senior partners in the law firm and others are not controlling
[08:23.640 --> 08:27.600]  their attorney, their federal attorney.
[08:27.600 --> 08:33.840]  And I would think that bar grievances for everybody, because, of course, in Wisconsin's
[08:33.840 --> 08:42.480]  version of the rules, and I believe it's in the American Bar model, the lesser attorneys
[08:42.480 --> 08:53.320]  are to be supervised by the greater attorneys, and when they make missteps, and, you know,
[08:53.320 --> 09:00.120]  these people are obviously failing at supervising this guy, allowing him to make statements
[09:00.120 --> 09:08.520]  like, this was prejudiced to the judge, now going to prejudicing the judge, how do I go
[09:08.520 --> 09:14.400]  ahead and, other than just saying, I want the present judge removed because this attorney
[09:14.400 --> 09:22.720]  has prejudiced him with this baseless statement, is there a way I can frame this better from
[09:22.720 --> 09:26.600]  the mouth of the attorney?
[09:26.600 --> 09:34.200]  I'm not sure exactly what you're asking me.
[09:34.200 --> 09:43.160]  Well, it's one thing for me to say, you know, the chief judge, this attorney has made this
[09:43.160 --> 09:50.880]  baseless statement, this prejudices the judge against me, therefore, I want you to remove
[09:50.880 --> 09:56.840]  the judge who has prejudiced against me because of this attorney's statement, versus getting
[09:56.840 --> 10:03.160]  the attorney to say, I made a boo-boo, I need to have this judge removed from this case
[10:03.160 --> 10:07.160]  because I prejudiced him against that poor defense's pro se.
[10:07.160 --> 10:16.640]  Well, I'm sure what they're going to say is, this would not constitute grounds for removal,
[10:16.640 --> 10:24.440]  because it's only conjecture as to whether or not the judge will be prejudiced by such
[10:24.440 --> 10:37.400]  a statement, baseless, even if it's baseless, the judges consider themselves far too sophisticated
[10:37.400 --> 10:50.400]  to be affected by something as minor and pittling as you violate one of their rules.
[10:50.400 --> 10:54.920]  In that instance, you could say that every time a lawyer violates a rule, you would have
[10:54.920 --> 11:04.200]  to remove the judge because he has disrespected the judge and it will prejudice the judge
[11:04.200 --> 11:06.200]  against him.
[11:06.200 --> 11:16.560]  I mean, I'm not saying don't do it, I'm just saying that it probably is pretty nitpicking
[11:16.560 --> 11:18.960]  and it will almost certainly get tossed.
[11:18.960 --> 11:23.760]  Well, yeah, I expect it to be nitpicking get tossed.
[11:23.760 --> 11:32.960]  I kind of want to try to avoid some of the nitpicking get tossed because the attorney,
[11:32.960 --> 11:46.000]  in the case when I put in writing that legal conclusion without any case law, he put in
[11:46.000 --> 11:50.600]  writing that I was a bad, bad man and the judge shouldn't listen to me because I had
[11:50.600 --> 11:51.600]  just this.
[11:51.600 --> 11:57.120]  Oh, wait, I have the perfect solution for this.
[11:57.120 --> 11:58.600]  We have Scott on the line.
[11:58.600 --> 12:00.120]  Scott, are you there?
[12:00.120 --> 12:02.680]  Yes, go ahead.
[12:02.680 --> 12:10.680]  Will you read to Mark the first paragraph of that response you made to the lawyer who
[12:10.680 --> 12:13.080]  calls you a scoff law?
[12:13.080 --> 12:21.920]  Oh, sure, hang on one, I can pull that thing off of you, you're going to like this, Mark.
[12:21.920 --> 12:24.240]  You sound terrible, Scott.
[12:24.240 --> 12:26.240]  Are you on a speakerphone?
[12:26.240 --> 12:28.240]  To me?
[12:28.240 --> 12:30.240]  No, Scott.
[12:30.240 --> 12:31.960]  No, I'm not.
[12:31.960 --> 12:34.360]  Okay, there you go, you sound a lot better now.
[12:34.360 --> 12:40.960]  Yeah, no, I held it away, so I'm trying to find the document you kind of got me on the
[12:40.960 --> 12:41.960]  spot here.
[12:41.960 --> 12:43.480]  Go ahead and talk for a second.
[12:43.480 --> 12:49.320]  Okay, okay, I think I can almost quote it.
[12:49.320 --> 13:01.280]  The lawyer in a response to a suit called Scott a scoff law and he went on to spin
[13:01.280 --> 13:09.880]  the whole document just vilifying Scott and what a no good rotten scoundrel he was and
[13:09.880 --> 13:18.760]  how the poor mistreated judge that just got sued had the misfortune of getting a defendant
[13:18.760 --> 13:21.400]  of the low down nature of Scott.
[13:21.400 --> 13:23.560]  Don't care, I got it.
[13:23.560 --> 13:24.560]  I got it.
[13:24.560 --> 13:25.560]  I got it.
[13:25.560 --> 13:26.560]  I got it right here.
[13:26.560 --> 13:27.560]  Okay, read it.
[13:27.560 --> 13:33.360]  Okay, defendants call plaintiff the scoff law, I feel dispirited, he is going to hurt
[13:33.360 --> 13:34.360]  my feelings.
[13:34.360 --> 13:40.040]  At no time did I call him a petty fog and shister, grubbing for filthy lucre.
[13:40.040 --> 13:44.800]  Neither did I assert that he cannot be the sharpest knife in the drawer as he is scrounging
[13:44.800 --> 13:49.360]  around in the municipalities rather than out making the big bucks.
[13:49.360 --> 13:54.840]  With the court's indulgence, if counsel would just bend over, I'll gladly pull that wild
[13:54.840 --> 14:00.040]  hair out of his behind so we could go back to treating one another like mature and responsible
[14:00.040 --> 14:01.040]  adults.
[14:01.040 --> 14:07.000]  But again, regardless of how many facts and laws a pro say puts before the court, we get
[14:07.000 --> 14:10.000]  no respect.
[14:10.000 --> 14:13.400]  How about that, Mark?
[14:13.400 --> 14:21.480]  I can certainly work that in because as I was speaking or speaking towards my particular
[14:21.480 --> 14:27.200]  thing, then I didn't have any case law cited, I just went ahead and cited the statute and
[14:27.200 --> 14:35.760]  the guy called me out on it, that's fine, except that in my counterargument or my putting
[14:35.760 --> 14:41.560]  my argument forward on that matter, turns out the day he files his paperwork, the State
[14:41.560 --> 14:50.240]  of Wisconsin Supremes had a written decision which supported my point of view by one of
[14:50.240 --> 14:52.800]  the justices.
[14:52.800 --> 15:03.240]  And that justice went ahead and stated that it's cited in no case law also, but did cite,
[15:03.240 --> 15:14.680]  here's what the interpretation is based upon what the state reps who wrote the law had
[15:14.680 --> 15:15.680]  to say.
[15:15.680 --> 15:21.200]  So going right to a first blush issue.
[15:21.200 --> 15:23.680]  So I brought that to the court's attention.
[15:23.680 --> 15:29.960]  He went with, well, it's just not true because of this and that, that, and the judge went
[15:29.960 --> 15:41.600]  oh look, let's pro say, let's move, don't care, I'm deciding for the judge or the plaintiff's
[15:41.600 --> 15:48.720]  attorney and went for what the attorney had to say versus what I had to say.
[15:48.720 --> 15:59.600]  So I do like, I do like the, I do like the colorful language there about the disparaging
[15:59.600 --> 16:03.600]  remark that's good, I'll have to use that.
[16:03.600 --> 16:11.160]  Now one of the other things in your 5-5-2016 discussion between Jeff and Jeff, you mentioned
[16:11.160 --> 16:17.520]  that you had a document, Mr. Kelton, of, hey, we're not going to do oral arguments
[16:17.520 --> 16:26.120]  in this case, we're doing everything in writing because that gives the pro say a better playing
[16:26.120 --> 16:27.120]  field.
[16:27.120 --> 16:31.920]  And I was curious if I could get a copy of that particular document that you mentioned
[16:31.920 --> 16:33.920]  in May of 2016.
[16:33.920 --> 16:44.040]  Yes, absolutely, I have that document including in all these ticket documents that I do on
[16:44.040 --> 16:50.760]  my website, that's one of the documents that I put in there, that it would be patently
[16:50.760 --> 16:59.920]  unfair to hold oral argument when there is a pro say against learned counsel.
[16:59.920 --> 17:04.560]  Oh, hi, Cookie Munchers.
[17:04.560 --> 17:06.760]  No, these are yucky cookies.
[17:06.760 --> 17:07.760]  Cookie?
[17:07.760 --> 17:08.760]  Yucky?
[17:08.760 --> 17:09.760]  No, no bad cookies.
[17:09.760 --> 17:12.280]  You can't even eat these cookies, these are cyber cookies.
[17:12.280 --> 17:14.120]  No, can't you eat?
[17:14.120 --> 17:17.080]  No, they are cyber cookies and they clog up your computer.
[17:17.080 --> 17:18.080]  These have apples.
[17:18.080 --> 17:21.200]  Really, oh, that's an actual apple.
[17:21.200 --> 17:22.200]  Yummy apple.
[17:22.200 --> 17:26.800]  I'm going to throw away these yucky cookies in the trash.
[17:26.800 --> 17:32.960]  I click control, shift, delete and then scroll down the cookies and clear them.
[17:32.960 --> 17:34.560]  Bye bye yucky cookies.
[17:34.560 --> 17:40.920]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand side,
[17:40.920 --> 17:47.200]  bookmark the link and I can go to Amazon through this link and order you some yummy new cookies.
[17:47.200 --> 17:49.320]  No cookies for me.
[17:49.320 --> 17:53.640]  Consider it an early Christmas present and every time I order on Amazon I go through
[17:53.640 --> 17:57.600]  this link and I give a little present to this radio network too.
[17:57.600 --> 17:58.600]  These are cookies.
[17:58.600 --> 18:00.600]  These are classified.
[18:00.600 --> 18:05.680]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.680 --> 18:09.320]  Stop debt collectors now with the Michael Meyers proven method.
[18:09.320 --> 18:13.760]  Michael Meyers has won six cases in federal court against debt collectors and now you
[18:13.760 --> 18:14.760]  can win two.
[18:14.760 --> 18:19.560]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.560 --> 18:20.560]  civil rights statute.
[18:20.560 --> 18:25.920]  What to do when contacted by phones, mail or court summons, how to answer letters and
[18:25.920 --> 18:30.360]  phone calls, how to get debt collectors out of your credit reports, how to turn the financial
[18:30.360 --> 18:34.120]  tables on them and make them pay you to go away.
[18:34.120 --> 18:39.240]  The Michael Meyers proven method is the solution for how to stop debt collectors.
[18:39.240 --> 18:41.360]  Personal consultation is available as well.
[18:41.360 --> 18:46.920]  For more information please visit ruleoflawradio.com and click on the blue Michael Meyers banner
[18:46.920 --> 18:49.880]  or email michaelmeyers at yahoo.com.
[18:49.880 --> 18:57.600]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.600 --> 19:04.920]  To learn how to stop debt collectors next, you are listening to the Logos Radio Network
[19:04.920 --> 19:22.320]  at yahoo.com.
[19:22.320 --> 19:28.960]  Okay we are back, Randy Kelton, rule of law radio and we're talking to Mark in Wisconsin.
[19:28.960 --> 19:33.640]  Okay Mark, I've kind of been off the cliff there at the end.
[19:33.640 --> 19:35.960]  Yeah I noticed.
[19:35.960 --> 19:45.320]  Alright so the other question that I have or I'll get to a question.
[19:45.320 --> 19:51.100]  So after the judge with a whole lot of emotions, nope nope nope nope nope nope nope nope
[19:51.100 --> 19:52.880]  nope nope nope nope nope nope nope nope nope nope nope nope nope nope nope nope nope
[19:52.880 --> 19:55.760]  not going to hear that, blah, blah, blah.
[19:55.760 --> 19:57.880]  He gets to the end and says to the attorney,
[19:57.880 --> 19:59.840]  you're going to write that up.
[19:59.840 --> 20:02.640]  And then suddenly the five-day rule.
[20:02.640 --> 20:04.960]  It's okay, fine, no problem.
[20:04.960 --> 20:06.720]  It's been over a week.
[20:06.720 --> 20:08.840]  No write-up has appeared by the attorney.
[20:11.560 --> 20:16.640]  I figure after the discovery is due in,
[20:16.640 --> 20:21.080]  we'll go ahead and try to take action
[20:21.080 --> 20:24.560]  on the lack of him writing up an order.
[20:26.480 --> 20:30.240]  I'm thinking of writing up a statement
[20:30.240 --> 20:32.000]  that the case should be dismissed
[20:32.000 --> 20:35.200]  because the attorney is not working
[20:35.200 --> 20:38.840]  for the, towards the prosecution,
[20:38.840 --> 20:41.800]  successful execution, prosecution case.
[20:41.800 --> 20:46.880]  He was ordered, he was ordered to write up the order
[20:46.880 --> 20:48.480]  and has not done this.
[20:48.480 --> 20:51.080]  And it had been, been, you know, two weeks.
[20:52.480 --> 20:57.160]  So, how does the lack of a written order
[20:58.520 --> 21:02.040]  affect you so that it would give you a claim?
[21:03.680 --> 21:07.080]  That's what I'm kind of curious is, you know,
[21:07.080 --> 21:08.560]  other than the guy,
[21:12.440 --> 21:15.280]  or, okay, are any of the motions
[21:15.280 --> 21:18.680]  that you filed subject to interlocutory appeal?
[21:20.240 --> 21:22.920]  Well, in the sense that one of the motions
[21:22.920 --> 21:26.080]  went to whether or not the,
[21:26.080 --> 21:28.400]  one of the motions that they ruled on
[21:28.400 --> 21:33.400]  was the motion for the case to be stayed
[21:33.840 --> 21:38.840]  and then dismissed because the attorney's,
[21:39.800 --> 21:44.200]  the attorney's client had no right to sue
[21:44.200 --> 21:47.000]  since he were not a registered foreign corporation.
[21:47.000 --> 21:49.800]  Because, okay, that's a dispositive motion.
[21:50.800 --> 21:53.720]  That should get you an interlocutory appeal,
[21:53.720 --> 21:56.320]  but you can't exercise your right
[21:56.320 --> 21:58.320]  to an interlocutory appeal
[21:59.320 --> 22:04.320]  because the lawyer did not provide the order to the court.
[22:05.960 --> 22:08.240]  Now, how does that harm you?
[22:08.240 --> 22:13.240]  I mean, it doesn't, I can certainly.
[22:16.480 --> 22:20.640]  Well, didn't you have to write more pleadings
[22:20.640 --> 22:22.720]  and go to more hearings
[22:22.720 --> 22:27.000]  and expend time adjudicating a case
[22:27.000 --> 22:31.040]  that had your interlocutory appeal
[22:31.040 --> 22:34.640]  been ruled favorably on would have terminated case?
[22:35.840 --> 22:37.480]  Yeah, okay.
[22:37.480 --> 22:40.080]  And that's the reason for an interlocutory appeal.
[22:40.080 --> 22:41.960]  If you have a dispositive motion,
[22:42.920 --> 22:44.720]  then rather than force the client
[22:44.720 --> 22:47.520]  to adjudicate the whole case,
[22:47.520 --> 22:49.840]  say you have a huge case
[22:50.680 --> 22:54.040]  that's gonna take months and months to adjudicate,
[22:54.040 --> 22:59.040]  you get a dispositive motion denied early on,
[23:01.240 --> 23:05.040]  then if you appeal that and that gets ruled
[23:05.040 --> 23:06.320]  in your favor, then you don't have
[23:06.320 --> 23:09.000]  to adjudicate all these other issues.
[23:09.000 --> 23:10.880]  So anything you were adjudicating,
[23:10.880 --> 23:12.800]  you were adjudicating unnecessarily
[23:12.800 --> 23:15.600]  because you were denied right to an interlocutory appeal.
[23:18.760 --> 23:20.000]  All right, okay.
[23:20.000 --> 23:22.680]  It's reaching a little bit, but.
[23:22.680 --> 23:24.600]  Well, the other thing is,
[23:24.600 --> 23:29.080]  is I do have Wisconsin supervisory writ
[23:29.080 --> 23:31.800]  and since I have a Supreme Court justice
[23:31.800 --> 23:35.600]  that timely has stated no,
[23:35.600 --> 23:38.320]  you've gotta be a registered foreign corporation
[23:38.320 --> 23:43.320]  if you want the right to sue in the state of Wisconsin.
[23:44.440 --> 23:46.880]  Nobody's denying the right to be sued
[23:46.880 --> 23:49.600]  and defend against a suit, but to start one,
[23:50.840 --> 23:53.880]  this one of the Supreme says, nope, nope, that's,
[23:53.880 --> 23:56.080]  you've gotta have that.
[23:56.080 --> 23:59.480]  So I guess that does give me my harm
[23:59.480 --> 24:04.360]  and I do, again,
[24:04.360 --> 24:09.360]  you and Mr. Jeff Sedgewick differ on doing things
[24:11.600 --> 24:16.600]  for effectiveness versus doing things for the politics.
[24:16.640 --> 24:20.440]  And I'm kind of like your version
[24:20.440 --> 24:23.040]  because certainly at the small claims level,
[24:23.040 --> 24:26.920]  they don't seem to care and the judge even said,
[24:26.920 --> 24:31.000]  we run the rules looser in small claims.
[24:31.000 --> 24:35.960]  I said, oh, you do, do you?
[24:35.960 --> 24:37.280]  Yeah.
[24:37.280 --> 24:41.440]  Well, where did you get your authority to do that?
[24:42.480 --> 24:44.640]  Right, right.
[24:46.800 --> 24:50.520]  Well, I've got to get a copy of the transcript before.
[24:50.520 --> 24:52.240]  That would be a great one
[24:52.240 --> 24:55.280]  because he's essentially telling you,
[24:55.280 --> 24:57.680]  you had a right to a ruling in your favor,
[24:57.680 --> 25:02.160]  but I just decided not to.
[25:02.160 --> 25:06.960]  It's essentially he's saying that in the small claims court,
[25:06.960 --> 25:11.120]  a lot of judges tend to be arbitrary and capricious.
[25:11.920 --> 25:13.000]  Yeah.
[25:13.000 --> 25:15.600]  Well, that would be after he went ahead and stated,
[25:15.600 --> 25:17.120]  no, no, you'll get a fair hearing
[25:17.120 --> 25:21.360]  because I filed my under the state of Wisconsin Constitution,
[25:21.360 --> 25:22.680]  I'm entitled to a fair hearing.
[25:22.680 --> 25:24.840]  Oh, you'll get your fair hearing.
[25:24.840 --> 25:30.400]  And then, blah, blah, blah, yeah.
[25:30.400 --> 25:32.880]  I take it you have filed a judicial
[25:32.880 --> 25:35.320]  conduct complaint against this guy for that.
[25:36.640 --> 25:39.120]  I have not filed any of the judicial
[25:39.120 --> 25:42.640]  conduct complaints yet, just because, you know,
[25:42.640 --> 25:45.440]  they keep going ahead and screwing up
[25:45.440 --> 25:50.080]  and I'm kind of letting them say, okay.
[25:50.080 --> 25:55.280]  Have you considered filing criminally against the judge?
[25:55.280 --> 25:59.600]  I'm filing criminally against the chief judge.
[26:01.600 --> 26:04.720]  Protecting a public official from prosecution
[26:04.720 --> 26:10.080]  is my accusation, which is a class I felony in the state.
[26:10.080 --> 26:14.360]  I could try, I've got to track down
[26:14.360 --> 26:17.720]  where in the state of Wisconsin rules
[26:17.720 --> 26:20.320]  because based on some website,
[26:20.320 --> 26:24.920]  they made the claim that in Wisconsin,
[26:24.920 --> 26:29.080]  members of the judiciary are considered public officials.
[26:29.080 --> 26:33.800]  And since the attorney is a member of the judiciary,
[26:33.800 --> 26:34.640]  I was looking for...
[26:34.640 --> 26:37.840]  He's a quasi-public official.
[26:37.840 --> 26:40.840]  Oh, well, then maybe I can get him quasi-indicted
[26:40.840 --> 26:45.600]  by the Ku Klux Klan Act, maybe just the Ku Act then,
[26:45.600 --> 26:48.760]  because it's only Ku Klux Act.
[26:48.760 --> 26:51.280]  Just a Klux Act.
[26:51.280 --> 26:54.320]  Yeah, the Klux Act, you know, because it's Ku Klux Act.
[26:57.880 --> 27:00.000]  But, you know, one of the things I've been looking at
[27:00.000 --> 27:04.160]  is these judges are into these bogus rulings.
[27:04.160 --> 27:06.000]  And they'll say, well, if you don't like my ruling,
[27:06.000 --> 27:08.200]  you can always appeal it.
[27:08.200 --> 27:09.160]  Oh, yeah.
[27:09.160 --> 27:12.920]  So, yeah, if your ruling fails to apply the law to the facts
[27:12.920 --> 27:15.960]  and in the process denies meaningful free access to enjoyment
[27:15.960 --> 27:19.400]  right, the way I read the codes,
[27:19.400 --> 27:21.480]  I can also appeal to a grand jury.
[27:21.480 --> 27:22.640]  Have you indicted?
[27:25.000 --> 27:28.080]  We don't seem to run grand juries from what I can tell.
[27:28.080 --> 27:33.000]  Well, start filing criminal charges with public officials.
[27:33.000 --> 27:35.200]  And then when a public official fails to act,
[27:35.200 --> 27:37.880]  I want you charges that official with shielding
[27:37.880 --> 27:40.560]  from prosecution or obstruction.
[27:40.560 --> 27:42.080]  With another public official,
[27:42.080 --> 27:45.680]  and you get all of these guys who are refusing to act
[27:45.680 --> 27:48.880]  against this judge, you get all of them having to answer
[27:48.880 --> 27:53.000]  questions and getting marks on their careers,
[27:53.000 --> 27:54.840]  you're going to get a lot of politics.
[27:54.840 --> 27:58.640]  These guys are really going to be unhappy.
[27:58.640 --> 28:01.560]  Oh, yeah, oh, yeah.
[28:01.560 --> 28:04.000]  Well, I was hoping to create the politics
[28:04.000 --> 28:09.440]  by the supervisory writ because, you know.
[28:09.440 --> 28:13.080]  Well, you might try a supervisory writ
[28:13.080 --> 28:19.960]  if you have a judge that very clearly
[28:19.960 --> 28:23.760]  refused to apply the law to the facts
[28:23.760 --> 28:29.720]  and knowingly and deliberately denied you in due process.
[28:29.720 --> 28:34.800]  And the prosecuting attorney refused
[28:34.800 --> 28:37.440]  to provide you with the equal protection of the law
[28:37.440 --> 28:40.120]  of the state of Wisconsin.
[28:40.120 --> 28:46.760]  You might ask the supreme to issue that supervisory writ
[28:46.760 --> 28:50.360]  and order that prosecutor to follow law.
[28:50.360 --> 28:51.360]  Yeah.
[28:51.360 --> 28:54.720]  They're not likely to do that, but they
[28:54.720 --> 29:01.200]  are going to look down at this prosecutor very closely.
[29:01.200 --> 29:04.800]  And the prosecutor's not going to like having the supreme look
[29:04.800 --> 29:07.400]  at him this closely.
[29:07.400 --> 29:08.680]  Yeah.
[29:08.680 --> 29:13.520]  I in open court referred to the case as a dumpster fire.
[29:13.520 --> 29:17.720]  And in one of my pleadings, I pointed out
[29:17.720 --> 29:20.600]  that this dumpster fire, this case would not
[29:20.600 --> 29:25.400]  be such a dumpster fire if the plaintiff's attorney had
[29:25.400 --> 29:29.000]  been following rules of discovery.
[29:29.000 --> 29:33.480]  Because I sent discovery and they didn't answer.
[29:33.480 --> 29:34.200]  There.
[29:34.200 --> 29:37.240]  And we got the music.
[29:37.240 --> 29:38.560]  OK, hang on.
[29:38.560 --> 29:39.640]  We'll be right back.
[29:39.640 --> 29:43.920]  Randy Kelton, Wheel of Law Radio on this Friday, the 13th day
[29:43.920 --> 29:48.080]  of October, 2017.
[29:48.080 --> 29:52.160]  And a call in numbers 512-646-1984.
[29:52.160 --> 29:53.200]  We'll be right back.
[30:02.080 --> 30:04.920]  Could printed books soon be a thing of the past?
[30:04.920 --> 30:07.560]  Apparently, a lot of kids these days are exchanging
[30:07.560 --> 30:09.840]  book pages for web pages.
[30:09.840 --> 30:11.200]  I'm Dr. Catherine Albrecht, and I'll
[30:11.200 --> 30:14.080]  be back to tell you what's happening to literacy.
[30:14.080 --> 30:16.080]  Privacy is under attack.
[30:16.080 --> 30:17.920]  When you give up data about yourself,
[30:17.920 --> 30:19.680]  you'll never get it back again.
[30:19.680 --> 30:22.840]  And once your privacy is gone, you'll find your freedoms
[30:22.840 --> 30:24.440]  will start to vanish too.
[30:24.440 --> 30:25.840]  So protect your rights.
[30:25.840 --> 30:29.680]  Say no to surveillance and keep your information to yourself.
[30:29.680 --> 30:32.200]  Privacy, it's worth hanging on to.
[30:32.200 --> 30:34.080]  This public service announcement is brought to you
[30:34.080 --> 30:37.680]  by StartPage.com, the private search engine alternative
[30:37.680 --> 30:39.760]  to Google, Yahoo, and Bing.
[30:39.760 --> 30:43.320]  Start over with StartPage.
[30:43.320 --> 30:45.200]  Forget books and magazines.
[30:45.200 --> 30:48.440]  A recent study by the UK's National Literacy Trust
[30:48.440 --> 30:51.520]  found that text messages are the number one reading material
[30:51.520 --> 30:52.760]  for kids today.
[30:52.760 --> 30:55.840]  And numbers two and three are email and Facebook.
[30:55.840 --> 30:58.520]  That's not surprising, since cell phones and computers
[30:58.520 --> 31:00.680]  outnumber novels in most homes.
[31:00.680 --> 31:03.840]  We adults are obviously not setting a very good example.
[31:03.840 --> 31:05.800]  Of course, text messages are not known
[31:05.800 --> 31:09.000]  for their literary quality or for their outstanding spelling
[31:09.000 --> 31:09.960]  and grammar.
[31:09.960 --> 31:12.560]  In fact, there's some of the worst writing around.
[31:12.560 --> 31:15.600]  So if you want your kids to develop basic English skills,
[31:15.600 --> 31:18.480]  tell them to unplug from Facebook and turn off Twitter,
[31:18.480 --> 31:21.400]  then hand them an old-fashioned book.
[31:21.400 --> 31:22.640]  I'm Dr. Catherine Albrecht.
[31:22.640 --> 31:25.720]  More news and information at CatherineAlbrecht.com.
[31:30.520 --> 31:33.600]  Did you know there are 3 million edible food plants on earth?
[31:33.600 --> 31:36.480]  And none have the nutritional value of a hemp plant.
[31:36.480 --> 31:39.440]  HempUSA.org offers you hemp protein powder.
[31:39.440 --> 31:41.640]  It does not contain chemicals or THC.
[31:41.640 --> 31:42.800]  It's non-GMO.
[31:42.800 --> 31:44.920]  And it's 100% gluten-free.
[31:44.920 --> 31:47.240]  Hemp protein powder burns fat, builds muscle,
[31:47.240 --> 31:51.000]  contains 53% protein, and feeds the body, the nutrients,
[31:51.000 --> 31:51.560]  it be.
[31:51.560 --> 31:56.360]  Call 888-910-4367 and see what our powder seeds and oil
[31:56.360 --> 31:57.480]  can do for you.
[31:57.480 --> 32:02.000]  Only at HempUSA.org.
[32:02.000 --> 32:04.560]  Rule of Law Radio is proud to offer the Rule of Law traffic
[32:04.560 --> 32:05.160]  seminar.
[32:05.160 --> 32:07.520]  In today's America, we live in an us-against-them society.
[32:07.520 --> 32:09.800]  And if we, the people, are ever going to have a free society,
[32:09.800 --> 32:12.680]  then we're going to have to stand and defend our own rights.
[32:12.680 --> 32:14.880]  Among those rights are the right to travel freely from place
[32:14.880 --> 32:17.080]  to place, the right to act in our own private capacity,
[32:17.080 --> 32:19.680]  and most importantly, the right to due process of law.
[32:19.680 --> 32:22.160]  Traffic courts afford us the least expensive opportunity
[32:22.160 --> 32:24.280]  to learn how to enforce and preserve our rights
[32:24.280 --> 32:25.520]  through due process.
[32:25.520 --> 32:27.040]  Former Sheriff's deputy, A. Craig,
[32:27.040 --> 32:28.520]  in conjunction with Rule of Law Radio,
[32:28.520 --> 32:30.400]  has put together the most comprehensive teaching
[32:30.400 --> 32:33.320]  tool available that will help you understand what due process is
[32:33.320 --> 32:35.240]  and how to hold courts to the rule of law.
[32:35.240 --> 32:37.360]  You can get your own copy of this invaluable material
[32:37.360 --> 32:40.600]  by going to ruleoflawradio.com and ordering your copies today.
[32:40.600 --> 32:42.600]  By ordering now, you'll receive a copy of Eddie's book,
[32:42.600 --> 32:45.160]  The Texas Transportation Code, The Law Versus the Lie,
[32:45.160 --> 32:47.640]  video and audio of the original 2009 seminar.
[32:47.640 --> 32:50.040]  Hundreds of research documents and other useful resource
[32:50.040 --> 32:50.600]  material.
[32:50.600 --> 32:52.240]  Learn how to fight for your rights with the help
[32:52.240 --> 32:54.520]  of this material for ruleoflawradio.com.
[32:54.520 --> 32:56.120]  Order your copy today, and together we
[32:56.120 --> 33:03.560]  can have free society we all want and deserve.
[33:03.560 --> 33:07.080]  You're listening to the Logos Radio Network
[33:07.080 --> 33:09.560]  at LogosRadioNetwork.com.
[33:14.560 --> 33:17.640]  Yeah, I got that one rent, and I'm
[33:17.640 --> 33:23.000]  going to solve that to the head of government then.
[33:23.000 --> 33:29.040]  OK, we are back.
[33:29.040 --> 33:31.880]  Randy Kelton, rule of law radio, and we're
[33:31.880 --> 33:33.880]  talking to Mark in Wisconsin.
[33:33.880 --> 33:36.440]  OK, where were we, Mark?
[33:36.440 --> 33:38.640]  Well, the other angle I was thinking
[33:38.640 --> 33:43.000]  of taking with this issue of the disparaging remark,
[33:43.000 --> 33:47.040]  the judge did say that he'd read all the paperwork in the case.
[33:47.040 --> 33:49.400]  And so since he read all the paperwork in case,
[33:49.400 --> 33:50.800]  and the attorney said, well, based
[33:50.800 --> 33:56.840]  on the paperwork in the case, he said he's recording this,
[33:56.840 --> 34:01.560]  I figured that perhaps the judge needs
[34:01.560 --> 34:05.560]  to admonish the attorney via bar grievance.
[34:05.560 --> 34:11.440]  And so I could go that route of demanding of the judge
[34:11.440 --> 34:15.280]  to admonish the attorney via the bar grievance.
[34:15.280 --> 34:17.840]  I already filed a pre-filled out bar grievance just
[34:17.840 --> 34:20.600]  for somebody to sign against the attorney and said,
[34:20.600 --> 34:22.320]  hey, judge, sign this.
[34:22.320 --> 34:25.360]  And amazingly, that document was kicked back.
[34:25.360 --> 34:29.000]  But I could just go ahead and grieve the judge
[34:29.000 --> 34:36.000]  as an attorney for having not grieved the attorney
[34:36.000 --> 34:38.320]  for having done that.
[34:38.320 --> 34:39.120]  That's a good idea.
[34:42.120 --> 34:44.760]  It creates a little bit of private politic
[34:44.760 --> 34:49.240]  before I go ahead and create the incredibly public politic
[34:49.240 --> 34:52.560]  so that they kind of sit around and shake their heads
[34:52.560 --> 34:56.840]  and go, how long is this going on?
[34:56.840 --> 35:05.560]  Because the whole idea is to give them as much grief as possible.
[35:05.560 --> 35:09.400]  Well, it seems to me the only thing that moves them off
[35:09.400 --> 35:10.920]  the dime.
[35:10.920 --> 35:13.000]  Yep.
[35:13.000 --> 35:15.680]  OK, do you have anything else for us?
[35:15.680 --> 35:16.680]  No, no.
[35:16.680 --> 35:19.880]  Jeff Cedric would yell at both of us for that idea.
[35:19.880 --> 35:27.000]  But I don't see if the stakes are low here anyway.
[35:27.000 --> 35:27.800]  Jeff?
[35:27.800 --> 35:29.760]  The stakes.
[35:29.760 --> 35:33.120]  Jeff was more of a purist.
[35:33.120 --> 35:35.560]  He went by law.
[35:35.560 --> 35:38.720]  And he liked everything neat and clean.
[35:38.720 --> 35:40.280]  And I used to be that way.
[35:40.280 --> 35:42.840]  My name of my show is Real Law Radio
[35:42.840 --> 35:46.400]  because I'm all about rule of law.
[35:46.400 --> 35:50.120]  But time and experience has demonstrated to me
[35:50.120 --> 35:54.720]  that if I am to provide remedy for my listeners,
[35:54.720 --> 35:57.800]  I can't be a purist.
[35:57.800 --> 36:00.400]  I use rule of law to get me to politics.
[36:03.400 --> 36:07.000]  And besides, it's fun.
[36:07.000 --> 36:08.440]  Yeah, yeah.
[36:08.440 --> 36:12.400]  Well, again, I'd like to develop that reputation
[36:12.400 --> 36:15.320]  when they see me showing up in the courtroom.
[36:15.320 --> 36:18.280]  They should look around and go, there's a problem.
[36:18.280 --> 36:18.960]  He's here.
[36:18.960 --> 36:19.680]  There's a problem.
[36:19.680 --> 36:22.200]  Why?
[36:22.200 --> 36:25.040]  There is a problem that we don't have Jeff around anymore.
[36:25.040 --> 36:27.760]  I miss the old buzzard.
[36:27.760 --> 36:28.880]  Yeah, yeah.
[36:28.880 --> 36:32.560]  Well, he'd happily go ahead and tell you,
[36:32.560 --> 36:34.880]  gave you the what for.
[36:34.880 --> 36:37.440]  He would.
[36:37.440 --> 36:38.240]  I could.
[36:38.240 --> 36:42.280]  I would enjoy him giving me the what for once more.
[36:42.280 --> 36:43.800]  OK, I do need to move along.
[36:43.800 --> 36:46.680]  Got a host board full of callers.
[36:46.680 --> 36:47.760]  Thank you, Mark.
[36:47.760 --> 36:53.440]  OK, now we're going to go back to Scott in Texas.
[36:53.440 --> 36:55.440]  Hello, Scott.
[36:55.440 --> 36:57.520]  Howdy, howdy.
[36:57.520 --> 37:01.200]  OK, what have you been up to?
[37:01.200 --> 37:02.280]  Oh, shoot.
[37:02.280 --> 37:05.280]  You know, just down at federal court,
[37:05.280 --> 37:10.400]  sticking in counterclaims and messing around down there,
[37:10.400 --> 37:13.600]  making friends with the bailiff and stuff like that.
[37:13.600 --> 37:15.880]  He was like, oh, man, I hadn't seen you in a while.
[37:15.880 --> 37:16.920]  What have you been up to?
[37:16.920 --> 37:21.440]  I said, oh, just filing more lawsuits
[37:21.440 --> 37:23.200]  on these corrupt judges.
[37:23.200 --> 37:26.280]  Told him I got one that has to meet me in mediation.
[37:26.280 --> 37:27.960]  He just grand real big.
[37:27.960 --> 37:29.520]  He was like, you just get him, boy.
[37:29.520 --> 37:31.880]  I was like, I'm going, I'm going.
[37:31.880 --> 37:35.960]  But I had a couple of interesting e-bails
[37:35.960 --> 37:37.200]  over the past couple of days.
[37:37.200 --> 37:39.600]  Some was in the mail, and we actually
[37:39.600 --> 37:45.480]  got a response from the Texas T-Close Commission.
[37:45.480 --> 37:47.920]  And I sent you a copy naturally.
[37:47.920 --> 37:52.160]  And it's the Texas Commission on Law Enforcement, blah, blah,
[37:52.160 --> 37:53.040]  blah.
[37:53.040 --> 37:55.920]  But here's the opening paragraph is the one
[37:55.920 --> 37:59.240]  that we kind of discussed a little bit earlier.
[37:59.240 --> 38:04.320]  And the T-Close is like a ton of cops and stuff.
[38:04.320 --> 38:09.120]  But it's funny, the two sheriffs, they responded on that.
[38:09.120 --> 38:14.040]  And on these last two, which was a police chief
[38:14.040 --> 38:17.400]  and this police officer, they happened
[38:17.400 --> 38:19.440]  to respond on those two.
[38:19.440 --> 38:21.440]  But in the opening paragraph, it's
[38:21.440 --> 38:23.520]  the Texas Commission on Law Enforcement
[38:23.520 --> 38:25.840]  has received your complaint against Chief Mitch
[38:25.840 --> 38:28.040]  Fates with the Garland Police Department.
[38:28.040 --> 38:30.800]  Please understand that the commission has no direct authority
[38:30.800 --> 38:33.800]  to investigate complaints against law enforcement officers
[38:33.800 --> 38:35.200]  or agencies.
[38:35.200 --> 38:37.680]  Unless a violation of law or rule
[38:37.680 --> 38:42.360]  occurs relating to the license, training, certification,
[38:42.360 --> 38:45.480]  appointment, or other related standard
[38:45.480 --> 38:50.640]  or upon conviction of a covered criminal offense.
[38:50.640 --> 38:51.560]  OK, hold on.
[38:51.560 --> 38:56.040]  I think I missed a word in the beginning of that sentence.
[38:56.040 --> 39:01.200]  And I would have expected to hear unless.
[39:01.200 --> 39:02.600]  Unless it's one of these.
[39:02.600 --> 39:05.400]  Is that what you said?
[39:05.400 --> 39:08.160]  That we can't do anything about it unless it's
[39:08.160 --> 39:11.560]  one of the items in this list.
[39:11.560 --> 39:14.480]  Yeah, unless a violation of law or rule
[39:14.480 --> 39:17.640]  occurs relating to license, training, certification,
[39:17.640 --> 39:20.000]  appointment, or other related standard
[39:20.000 --> 39:22.400]  upon a conviction of a covered criminal offense.
[39:22.400 --> 39:24.400]  So it says unless.
[39:24.400 --> 39:30.720]  Unless there's a violation of law related to training.
[39:30.720 --> 39:32.840]  Did I get that right?
[39:32.840 --> 39:36.120]  That's what we're going after.
[39:36.120 --> 39:40.880]  So they're telling us precisely how to write the complaint.
[39:44.200 --> 39:46.040]  What was the nature of these complaints?
[39:46.040 --> 39:52.160]  Did this go to the authority of the police officer
[39:52.160 --> 39:55.680]  to enforce the text transportation code?
[39:55.680 --> 39:57.280]  Yes, sir.
[39:57.280 --> 40:00.440]  This goes exactly to training.
[40:00.440 --> 40:02.080]  Exactly.
[40:02.080 --> 40:05.920]  So we may have to rewrite the complaint saying
[40:05.920 --> 40:11.280]  that since the law is clear in this matter,
[40:11.280 --> 40:16.680]  it must be presumed that Texas Commission on Law Enforcement
[40:16.680 --> 40:22.280]  adequately trained these individuals
[40:22.280 --> 40:28.560]  in the state of law at the time they were certified.
[40:28.560 --> 40:31.920]  Subsequently, they acted in clear and direct
[40:31.920 --> 40:34.400]  violation of law and their training.
[40:37.080 --> 40:42.080]  And this also goes back to what we were talking about earlier
[40:42.080 --> 40:46.240]  today, where it goes back to Brady as self,
[40:46.240 --> 40:51.320]  because Brady specifically states that the district attorney
[40:51.320 --> 40:56.000]  is the one that's in charge of training these officers
[40:56.000 --> 40:59.840]  in their constitutional powers, duties, and limitation.
[40:59.840 --> 41:07.200]  So it's a direct training issue is what we're going after
[41:07.200 --> 41:10.800]  and how they could disregard that in that criminal complaint
[41:10.800 --> 41:12.160]  is, yeah.
[41:12.160 --> 41:18.440]  OK, this goes to an interesting conundrum.
[41:18.440 --> 41:22.160]  If the prosecuting attorney refuses to take action
[41:22.160 --> 41:25.960]  against the officer, alleging that the officer is
[41:25.960 --> 41:36.160]  following policy, then we have the prosecuting attorney
[41:36.160 --> 41:40.960]  talking to the officers and directing them
[41:40.960 --> 41:44.800]  to take an action that both the prosecuting attorney
[41:44.800 --> 41:51.080]  and the officers know or should know are illegal.
[41:51.080 --> 41:56.960]  Now, there's a statute in the penal code that goes to that.
[41:56.960 --> 42:01.600]  You familiar with 15.02?
[42:01.600 --> 42:04.960]  No, I don't have it committed to me.
[42:04.960 --> 42:08.520]  It's called criminal conspiracy.
[42:08.520 --> 42:10.560]  Oh, well, there you go.
[42:10.560 --> 42:16.040]  If the prosecutor is telling the police
[42:16.040 --> 42:20.600]  how to act in accordance with law, that's training.
[42:20.600 --> 42:22.760]  But if he's talking to the police
[42:22.760 --> 42:25.920]  about taking actions that are contrary to law,
[42:25.920 --> 42:28.600]  that's criminal conspiracy.
[42:28.600 --> 42:32.320]  Do I read the code?
[42:32.320 --> 42:35.680]  Yeah, now we're cooking with gas.
[42:35.680 --> 42:41.000]  So if the prosecutor doesn't take action,
[42:41.000 --> 42:46.960]  and the acts are against the law, then we go to T close
[42:46.960 --> 42:49.760]  and say the officer's acted outside of the training, which
[42:49.760 --> 42:53.840]  he must have given them, because this training goes
[42:53.840 --> 42:57.800]  to rule of law, then, therefore, the officer
[42:57.800 --> 42:59.880]  conspired with prosecuting attorney
[42:59.880 --> 43:03.120]  to commit these crimes.
[43:03.120 --> 43:06.360]  Oh, that could be fun.
[43:06.360 --> 43:12.440]  Yeah, actually, it's omission of training.
[43:12.440 --> 43:16.240]  So they're omitting these facts to.
[43:16.240 --> 43:22.200]  Wait a minute, does the officer have a set of policy?
[43:22.200 --> 43:26.160]  Has the officer been directed to go out and write these citations?
[43:26.160 --> 43:28.720]  Or did he do that on his own?
[43:28.720 --> 43:31.600]  He had to be instructed to do that.
[43:31.600 --> 43:36.160]  Yeah, did the officer have these tickets printed up?
[43:36.160 --> 43:39.280]  Somebody had to put all this.
[43:39.280 --> 43:41.040]  This sounds like a Rico suit.
[43:41.040 --> 43:44.080]  Hang on, Randy Kelton, rule of law radio
[43:44.080 --> 43:49.120]  are called in number 512-646-1984.
[43:49.120 --> 43:52.200]  This is Friday, October the 13th.
[43:52.200 --> 43:54.480]  Friday the 13th.
[43:54.480 --> 43:55.680]  We'll be right back.
[44:02.400 --> 44:06.080]  It's the 2017 Logos Radio Network annual fundraiser
[44:06.080 --> 44:08.720]  sponsored by Central Texas Gun Works, defense
[44:08.720 --> 44:10.560]  distributed in Fatsal, Delhi.
[44:10.560 --> 44:13.760]  Go to logosradionetwork.com and enter the win.
[44:13.760 --> 44:16.440]  Every $25 donation is a chance to win.
[44:16.440 --> 44:18.760]  From Central Texas Gun Works, first place,
[44:18.760 --> 44:22.080]  up for grabs, a spikes tactical AR-15.
[44:22.080 --> 44:26.120]  Second place, Taurus PT-111 G2 9-millimeter pistol.
[44:26.120 --> 44:30.520]  From defense distributed, third place, the AR-308 80% lower.
[44:30.520 --> 44:33.480]  Fourth place, the AR-15 80% lower.
[44:33.480 --> 44:36.840]  From Fatsal, Delhi, fifth place, $100 gift card
[44:36.840 --> 44:37.880]  for Fatsal, Delhi.
[44:37.880 --> 44:40.360]  Every $25 donation is a chance to win.
[44:40.360 --> 44:42.800]  That's the logosradionetwork.com.
[44:42.800 --> 44:46.200]  Also, if you purchase Randy Kelton's e-book, Legal 101,
[44:46.200 --> 44:47.800]  you get four chances to win.
[44:47.800 --> 44:49.800]  Purchase Eddie Craig's traffic seminar,
[44:49.800 --> 44:51.320]  get 10 chances to win.
[44:51.320 --> 44:54.640]  And remember, every $25 donation is a chance to win.
[44:54.640 --> 44:58.960]  Go to logosradionetwork.com for details and donate today.
[45:01.200 --> 45:04.240]  Are you the plaintiff or defendant in a lawsuit?
[45:04.240 --> 45:07.600]  Win your case without an attorney with Jurisdictionary,
[45:07.600 --> 45:11.200]  the affordable, easy to understand four CD course
[45:11.200 --> 45:15.640]  that will show you how in 24 hours, step by step.
[45:15.640 --> 45:19.320]  If you have a lawyer, know what your lawyer should be doing.
[45:19.320 --> 45:21.800]  If you don't have a lawyer, know what you should do
[45:21.800 --> 45:23.200]  for yourself.
[45:23.200 --> 45:26.160]  Thousands have won with our step by step course,
[45:26.160 --> 45:28.080]  and now you can too.
[45:28.080 --> 45:31.160]  Jurisdictionary was created by a licensed attorney
[45:31.160 --> 45:34.600]  with 22 years of case winning experience.
[45:34.600 --> 45:36.560]  Even if you're not in a lawsuit,
[45:36.560 --> 45:39.120]  you can learn what everyone should understand
[45:39.120 --> 45:41.200]  about the principles and practices
[45:41.200 --> 45:43.560]  that control our American courts.
[45:43.560 --> 45:46.840]  You'll receive our audio classroom, video seminar,
[45:46.840 --> 45:49.760]  tutorials, forms for civil cases,
[45:49.760 --> 45:52.400]  pro se tactics, and much more.
[45:52.400 --> 45:56.600]  Please visit LulevLawRadio.com and click on the banner.
[45:56.600 --> 46:00.600]  Or call toll free, 866-LAW-E-Z.
[46:00.600 --> 46:26.600]  Okay, we are back, Randy Kelton with LulevLawRadio,
[46:26.600 --> 46:30.680]  and we're talking to Scott in Texas and Scott.
[46:30.680 --> 46:32.400]  This is getting to be too much fun.
[46:32.400 --> 46:34.720]  This is the part I really like,
[46:36.080 --> 46:39.160]  where we take their own codes,
[46:39.160 --> 46:42.040]  take their codes the way they use their codes,
[46:43.400 --> 46:48.000]  and construe them from a different perspective.
[46:51.240 --> 46:53.960]  So, how are they gonna argue out of this one?
[46:53.960 --> 47:00.960]  Yeah, actually, this letter is kind of really what we needed
[47:00.960 --> 47:05.520]  to, because if you go down a little bit further into the letter,
[47:05.520 --> 47:09.480]  it will start to talk about complaints
[47:09.480 --> 47:12.000]  against law enforcement agencies and individuals
[47:12.000 --> 47:15.840]  within those agencies should be directed
[47:15.840 --> 47:19.120]  to internal affairs, which, yeah, don't do that.
[47:19.120 --> 47:24.360]  Okay, hold on, that is patently untrue.
[47:28.120 --> 47:31.320]  That is interesting that T-Close would say that.
[47:33.400 --> 47:34.440]  Yeah.
[47:34.440 --> 47:39.640]  There is nothing in law, they spoke to criminal complaints,
[47:39.640 --> 47:42.640]  and there is nothing in law that directs a criminal complaint
[47:42.640 --> 47:45.040]  to internal affairs.
[47:45.040 --> 47:50.440]  And ironically, I attempted one day
[47:50.440 --> 47:54.200]  to give a criminal complaint to a Sergeant Carter
[47:54.200 --> 47:59.320]  over in Addison after I went to the District Attorney
[47:59.320 --> 48:02.960]  in downtown Dallas, and the District Attorney,
[48:02.960 --> 48:06.200]  some dude told me up there that they wouldn't take it,
[48:06.200 --> 48:08.680]  that I had to take it to internal affairs
[48:08.680 --> 48:10.400]  of that police department.
[48:10.400 --> 48:12.360]  Well, I had to go through this Sergeant
[48:12.360 --> 48:17.440]  who gave me the run-around and refused to accept
[48:17.440 --> 48:21.640]  my criminal complaint to even submit it to internal affairs.
[48:21.640 --> 48:25.800]  So that round robin just, I don't know, lost it at all.
[48:25.800 --> 48:28.400]  Okay, we like this kind of stuff,
[48:28.400 --> 48:31.160]  or at least I like this kind of stuff,
[48:31.160 --> 48:35.440]  because the Sergeant just touched your tar baby.
[48:35.440 --> 48:37.240]  Yes, he did.
[48:37.240 --> 48:40.680]  So here's where it gets a little bit deeper, though,
[48:40.680 --> 48:43.560]  and go to IA, unit of the department,
[48:43.560 --> 48:46.760]  to the governing body of such as city council,
[48:46.760 --> 48:49.680]  city commissioner, or city commissioner's court.
[48:49.680 --> 48:52.920]  In the event you believe a civil rights violation has occurred,
[48:52.920 --> 48:57.520]  you may also seek redress by writing the FBI.
[48:57.520 --> 49:01.200]  And the FBI uses applicable federal laws
[49:01.200 --> 49:04.320]  to investigate violations by public officials
[49:04.320 --> 49:07.680]  in federal, state, and local government.
[49:07.680 --> 49:12.720]  So it's actually telling you to go to the FBI.
[49:12.720 --> 49:18.440]  Yeah, because they know the FBI is not going to do squat.
[49:18.440 --> 49:20.560]  Right.
[49:20.560 --> 49:26.480]  So it's just kind of interesting how they tell you
[49:26.480 --> 49:30.600]  to go to IA when IA will just take it and wipe it up
[49:30.600 --> 49:32.160]  and throw it away.
[49:32.160 --> 49:35.400]  I got some, yeah, I got that in Tarrant County.
[49:35.400 --> 49:38.600]  Tarrant County Sheriff's Department,
[49:38.600 --> 49:43.240]  Internal Affairs told me that if you
[49:43.240 --> 49:46.480]  file a complaint with the Internal Affairs
[49:46.480 --> 49:51.520]  that contains a criminal accusation against a sheriff's
[49:51.520 --> 49:56.000]  deputy, they will do absolutely nothing.
[49:59.600 --> 50:05.200]  Now, in all fairness, I believe she
[50:05.200 --> 50:08.280]  met something else.
[50:08.280 --> 50:13.080]  But at that moment in time, I had her pretty flustered
[50:13.080 --> 50:17.560]  and so furious at me she was shaking.
[50:17.560 --> 50:26.120]  I think what she really meant is that IA cannot act directly
[50:26.120 --> 50:27.920]  on criminal accusations.
[50:27.920 --> 50:31.480]  Those have to be filed elsewhere.
[50:31.480 --> 50:34.080]  But she didn't tell me that.
[50:34.080 --> 50:39.280]  She just told me that they wouldn't do anything.
[50:39.280 --> 50:42.600]  And I thought, I don't work.
[50:42.600 --> 50:45.840]  I get to use that.
[50:45.840 --> 50:51.200]  So you can say with certainty that IA, the Internal Affairs
[50:51.200 --> 50:55.400]  for Tarrant County Sheriff's Department,
[50:55.400 --> 50:57.480]  has stated specifically they will do
[50:57.480 --> 51:00.920]  nothing concerning a criminal complaint against a public
[51:00.920 --> 51:05.640]  official or against a sheriff's deputy.
[51:05.640 --> 51:09.080]  Well, I've turned one in to IA against the Garland
[51:09.080 --> 51:13.080]  cop about three years ago when I first cut.
[51:13.080 --> 51:17.680]  I got a ticket for jogging in the street, on a dead end street.
[51:17.680 --> 51:19.240]  And that's what really kicked me off
[51:19.240 --> 51:22.360]  on getting started in this whole law aspect.
[51:22.360 --> 51:27.960]  I actually should send a thank you letter to that jackass.
[51:27.960 --> 51:32.600]  So I don't think you can say that on the radio.
[51:32.600 --> 51:36.880]  You can say an anus rectum maybe,
[51:36.880 --> 51:40.000]  or something not quite so offensive.
[51:40.000 --> 51:41.120]  Oh, OK.
[51:41.120 --> 51:46.360]  So anyhow, I won't use that again then.
[51:46.360 --> 51:50.480]  So anyhow, that's.
[51:50.480 --> 51:52.000]  Wait, that wasn't chastising you.
[51:52.000 --> 51:55.480]  I'm not sure if you can use jackass or not.
[51:55.480 --> 51:57.920]  That's kind of on the border.
[51:57.920 --> 51:59.920]  I think you can, because I've heard it
[51:59.920 --> 52:02.560]  on other radio stations before.
[52:02.560 --> 52:07.160]  It's a valid English term that's not,
[52:07.160 --> 52:10.520]  it just refers to a specific kind of donkey.
[52:10.520 --> 52:12.480]  OK.
[52:12.480 --> 52:14.320]  We're not going to go there, because Deborah
[52:14.320 --> 52:17.920]  may listen to this tape, and then we'll both be in trouble.
[52:17.920 --> 52:18.920]  All right.
[52:18.920 --> 52:23.880]  So anyhow, we'll just call it the north end of a southbound mule.
[52:23.880 --> 52:26.280]  That'll work.
[52:26.280 --> 52:27.320]  OK.
[52:27.320 --> 52:29.440]  So we got that.
[52:29.440 --> 52:34.280]  And then today, I got a uniform scheduling
[52:34.280 --> 52:39.600]  order for a mosquito cop for a trial set, a jury trial set,
[52:39.600 --> 52:46.040]  on March 5, 2018 at 9 AM.
[52:46.040 --> 52:48.160]  Just got that today.
[52:48.160 --> 52:50.680]  Oh, this is good.
[52:50.680 --> 52:51.480]  OK, hold on.
[52:51.480 --> 52:53.280]  I need to ask some questions about that.
[52:53.280 --> 52:56.720]  Scheduling order, is this a state case?
[52:56.720 --> 52:58.440]  Yes.
[52:58.440 --> 53:03.560]  Has there been a answer to your original pleading?
[53:03.560 --> 53:05.480]  Negative.
[53:05.480 --> 53:09.840]  How long ago did you file your original pleading?
[53:09.840 --> 53:14.080]  It was probably about maybe six weeks ago now.
[53:14.080 --> 53:17.960]  You need to file a motion for default judgment.
[53:17.960 --> 53:22.040]  Well, yeah, it's ready to get, now I'm ready to go ahead.
[53:22.040 --> 53:24.040]  I could do a default judgment.
[53:24.040 --> 53:25.720]  And that was my question.
[53:25.720 --> 53:29.520]  Should I go ahead and submit a default judgment, even
[53:29.520 --> 53:32.200]  though it's set up for a jury trial?
[53:32.200 --> 53:35.160]  Oh, yeah, it doesn't matter what to set it up for.
[53:35.160 --> 53:38.400]  They can't get to that jury trial because you now
[53:38.400 --> 53:43.400]  have a right to default judgment, no answer default.
[53:43.400 --> 53:48.560]  Do you have the green card number from where you served them?
[53:48.560 --> 53:51.680]  Oh, the beautiful thing about filing it
[53:51.680 --> 53:54.680]  with Dallas District Court, they're
[53:54.680 --> 53:57.560]  the ones who submit the paperwork.
[53:57.560 --> 53:59.400]  They're the ones who send it out.
[53:59.400 --> 54:01.840]  I don't have to even do anything.
[54:01.840 --> 54:08.640]  Do you have a return of service from the city marshals
[54:08.640 --> 54:14.680]  or the constables, whoever does the service?
[54:14.680 --> 54:18.360]  They send it return receipt request.
[54:18.360 --> 54:21.120]  OK, that's good enough.
[54:21.120 --> 54:23.440]  OK, if they did it, then the other side
[54:23.440 --> 54:25.160]  can't claim lack of service.
[54:25.160 --> 54:30.960]  So file for no answer default.
[54:30.960 --> 54:32.480]  OK.
[54:32.480 --> 54:37.360]  And what will happen if you file for no answer default
[54:37.360 --> 54:41.040]  and before you can get it to a hearing
[54:41.040 --> 54:43.400]  or before you can get a judge to sign off of it,
[54:43.400 --> 54:48.000]  generally you take a no answer default to the clerk.
[54:48.000 --> 54:51.000]  And the clerk looks at the date of filing.
[54:51.000 --> 54:53.520]  She looks in the docket.
[54:53.520 --> 54:56.240]  And in the docket, she finds the date of filing.
[54:56.240 --> 54:59.640]  She finds the date of return of service
[54:59.640 --> 55:03.320]  and then looks to see if there's an answer in there.
[55:03.320 --> 55:05.800]  If there's not an answer in there,
[55:05.800 --> 55:09.120]  then most of the time the clerk can sign off
[55:09.120 --> 55:10.840]  on the default judgment.
[55:10.840 --> 55:13.600]  If not, she'll send you to a judge
[55:13.600 --> 55:19.720]  and a judge will sign off on the default judgment.
[55:19.720 --> 55:24.040]  Now, if you don't get to the judge quick enough
[55:24.040 --> 55:28.200]  and in between the time you file the motion for default
[55:28.200 --> 55:31.640]  and the time you get a ruling, the other side
[55:31.640 --> 55:38.760]  files an answer, then you cannot get a default judgment.
[55:38.760 --> 55:42.360]  But it's only semantics because now you
[55:42.360 --> 55:46.680]  have a right to summary judgment.
[55:46.680 --> 55:48.920]  At the end of the day, it has the same effect.
[55:48.920 --> 55:51.040]  You just can't call it default anymore.
[55:51.040 --> 55:55.840]  Now, you call it summary because the response was not timely.
[55:58.680 --> 56:00.400]  Wow.
[56:00.400 --> 56:02.400]  You may have default right on your side.
[56:02.400 --> 56:04.960]  This is, that's be great.
[56:04.960 --> 56:07.120]  But get it in there.
[56:07.120 --> 56:09.960]  And all it needs to do, this doesn't need any legal argument,
[56:09.960 --> 56:13.600]  doesn't need any fancy language.
[56:13.600 --> 56:17.040]  Motion for default, you should be able to pull up
[56:17.040 --> 56:19.680]  a petition for default judgment.
[56:19.680 --> 56:22.680]  Just go on the web and petition for Texas,
[56:22.680 --> 56:25.080]  petition for default judgment.
[56:25.080 --> 56:29.160]  All it goes to, I filed on this day.
[56:29.160 --> 56:32.440]  They were served on this day.
[56:32.440 --> 56:37.480]  20, they got till the Monday after the 20th day.
[56:40.560 --> 56:41.640]  Now, I don't know why they do that.
[56:41.640 --> 56:44.680]  A lot of states do that odd numbering like that.
[56:44.680 --> 56:48.960]  But that's how long they had to answer.
[56:48.960 --> 56:50.360]  They didn't make it.
[56:50.360 --> 56:54.520]  They essentially stipulated to all your claims
[56:54.520 --> 56:55.600]  you have a right to default.
[56:58.360 --> 56:59.360]  OK.
[56:59.360 --> 57:03.960]  Get in there, get your default, then let's party.
[57:03.960 --> 57:05.880]  Yeehaw.
[57:05.880 --> 57:09.320]  The only thing left now is a trial
[57:09.320 --> 57:13.040]  to determine where you have to prove up
[57:13.040 --> 57:15.240]  the amount of your claim.
[57:18.400 --> 57:18.920]  Yeah.
[57:18.920 --> 57:23.440]  And I wonder how, because I just said it at like 50k.
[57:23.440 --> 57:25.400]  So I don't know.
[57:25.400 --> 57:27.080]  You can go to a jury and ask a jury.
[57:27.080 --> 57:29.800]  You have a trial on the amount.
[57:29.800 --> 57:32.360]  You can get a default judgment on the claims,
[57:32.360 --> 57:34.960]  but not on the amount.
[57:34.960 --> 57:38.040]  So now you've got to go to a jury or to a court
[57:38.040 --> 57:44.320]  and get the court to agree to the amount you claim.
[57:44.320 --> 57:45.600]  OK.
[57:45.600 --> 57:47.320]  And then that could end.
[57:47.320 --> 57:50.520]  Once you have the default, then the only question
[57:50.520 --> 57:51.520]  is how much?
[57:54.480 --> 57:59.240]  They can't come back and say, make any claims
[57:59.240 --> 58:02.520]  that your pleadings are insufficient or anything else.
[58:02.520 --> 58:04.960]  Well, technically, they may be able to.
[58:04.960 --> 58:09.240]  What the judge can do is if he looks at your claim
[58:09.240 --> 58:14.040]  and your statements fail to stay to claim.
[58:14.040 --> 58:18.160]  For instance, you have six elements in the cause of action,
[58:18.160 --> 58:20.800]  and you only plead five of them.
[58:20.800 --> 58:25.600]  Even under default judgment, he can't grant you your claim
[58:25.600 --> 58:29.040]  because the pleadings insufficient.
[58:29.040 --> 58:32.920]  That would be the one drawback.
[58:32.920 --> 58:35.120]  All right, there's some music.
[58:35.120 --> 58:36.120]  OK.
[58:36.120 --> 58:37.120]  Yes.
[58:37.120 --> 58:38.120]  You've got 10 seconds.
[58:38.120 --> 58:39.120]  OK.
[58:39.120 --> 58:44.560]  Randy Kelton, Wheel of Law Radio, we'll be right back.
[58:46.560 --> 58:49.040]  Would you like to make more definite progress
[58:49.040 --> 58:50.560]  in your walk with God?
[58:50.560 --> 58:54.000]  Bibles for America is offering a free study Bible
[58:54.000 --> 58:57.040]  and a set of free creations that you can use
[58:57.040 --> 59:00.040]  to study Bible and a set of free Christian books
[59:00.040 --> 59:01.320]  that can really help.
[59:01.320 --> 59:03.040]  The New Testament recovery version
[59:03.040 --> 59:04.880]  is one of the most comprehensive study
[59:04.880 --> 59:06.520]  Bibles available today.
[59:06.520 --> 59:09.560]  It's an accurate translation, and it contains thousands
[59:09.560 --> 59:11.720]  of footnotes that will help you to know God
[59:11.720 --> 59:13.760]  and to know the meaning of life.
[59:13.760 --> 59:16.000]  The free books are a three-volume set
[59:16.000 --> 59:18.760]  called Basic Elements of the Christian Life.
[59:18.760 --> 59:21.800]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.800 --> 59:26.120]  clearly presents God's plan of salvation, growing in Christ,
[59:26.120 --> 59:29.640]  how to build up the church, to order your free New Testament
[59:29.640 --> 59:33.960]  recovery version, and Basic Elements of the Christian Life,
[59:33.960 --> 59:40.640]  call Bibles for America toll-free at 888-551-0102.
[59:40.640 --> 59:45.200]  That's 888-551-0102.
[59:45.200 --> 59:50.960]  Or visit us online at bfa.org.
[59:50.960 --> 59:56.960]  Live free speech radio, logosradionetwork.com.
[01:00:21.960 --> 01:00:24.960]  Markets for Wednesday, the 20th of September, 2017,
[01:00:24.960 --> 01:00:28.960]  closed with gold at $1,383.00 an ounce.
[01:00:28.960 --> 01:00:30.960]  Silver, $17.17 an ounce.
[01:00:30.960 --> 01:00:33.960]  Texas Crude, $49.48 a barrel.
[01:00:33.960 --> 01:00:36.960]  Bitcoin is about $3,961.00,
[01:00:36.960 --> 01:00:40.960]  and Dashcoin sits about $343.00 U.S. currency.
[01:00:45.960 --> 01:00:48.960]  Today in history, the year 2011,
[01:00:48.960 --> 01:00:50.960]  the United States military under direction of the Obama
[01:00:50.960 --> 01:00:53.960]  administration ends its Don't Ask, Don't Tell policy,
[01:00:53.960 --> 01:00:55.960]  originally put into law during the Clinton administration,
[01:00:55.960 --> 01:00:58.960]  repealing Don't Ask, Don't Tell has allowed gay and lesbian
[01:00:58.960 --> 01:01:02.960]  men and women to serve openly in the military for the first time.
[01:01:05.960 --> 01:01:08.960]  In recent years, at least 225 people have been confirmed dead
[01:01:08.960 --> 01:01:11.960]  as a result of yesterday's 7.1 earthquake,
[01:01:11.960 --> 01:01:15.960]  which struck 34 miles southwest of the city of Puebla in Mexico,
[01:01:15.960 --> 01:01:18.960]  32 years to the day after the city's infamous quake
[01:01:18.960 --> 01:01:22.960]  that struck in 1985, which killed as many as 10,000 people.
[01:01:22.960 --> 01:01:25.960]  The most recent quake, less than two weeks after the magnitude
[01:01:25.960 --> 01:01:28.960]  8.1 earthquake, on the 7th of this month,
[01:01:28.960 --> 01:01:31.960]  at the center of which was about 60 miles off the coast of Chiapas.
[01:01:31.960 --> 01:01:34.960]  Civil protection officials at the scene of at least 44
[01:01:34.960 --> 01:01:37.960]  different locations where partly class buildings are in the city,
[01:01:37.960 --> 01:01:40.960]  are reporting at least 50 people being rescued out of them
[01:01:40.960 --> 01:01:43.960]  who were still alive, along with many dead bodies as well.
[01:01:43.960 --> 01:01:46.960]  Many more people were thought to be trapped within the wreckage
[01:01:46.960 --> 01:01:47.960]  of these damaged buildings.
[01:01:47.960 --> 01:01:49.960]  Mexican officials are stating that at least 39 buildings
[01:01:49.960 --> 01:01:51.960]  have been entirely destroyed.
[01:01:51.960 --> 01:01:53.960]  Families fearing aftershocks have prepared to sleep
[01:01:53.960 --> 01:01:55.960]  on the streets in Mexico City.
[01:02:01.960 --> 01:02:04.960]  A 6.1 magnitude earthquake has just hit off the eastern coast
[01:02:04.960 --> 01:02:07.960]  of Japan about 200 miles from the Fukushima power plant
[01:02:07.960 --> 01:02:09.960]  that has been in critical condition since it was struck
[01:02:09.960 --> 01:02:11.960]  by a tsunami in March of 2011.
[01:02:11.960 --> 01:02:14.960]  The quake was about 10 kilometers into the Earth's crust,
[01:02:14.960 --> 01:02:17.960]  and there has been no reports of damages as of yet,
[01:02:17.960 --> 01:02:19.960]  and a tsunami warning has not been issued.
[01:02:19.960 --> 01:02:22.960]  This is the third large quake to strike in the last 24 hours
[01:02:22.960 --> 01:02:26.960]  after the disasters went in Mexico and a smaller one in New Zealand.
[01:02:31.960 --> 01:02:34.960]  Astronomers have informed the public that in just this past week,
[01:02:34.960 --> 01:02:36.960]  three never-before-discovered asteroids were spotted
[01:02:36.960 --> 01:02:38.960]  after they flew by Earth rather close.
[01:02:38.960 --> 01:02:41.960]  Of the three, the largest, Asteroid 2017 SQ2,
[01:02:41.960 --> 01:02:44.960]  was spotted in hindsight on Monday, nearly four days
[01:02:44.960 --> 01:02:46.960]  after the warehouse-sized chunk of space rock
[01:02:46.960 --> 01:02:50.960]  skimmed by 125,000 miles above Earth.
[01:02:50.960 --> 01:03:07.960]  This was group rodeo at the lowdown for September 20th, 2017.
[01:03:21.960 --> 01:03:24.960]  Okay, we are back.
[01:03:24.960 --> 01:03:26.960]  Randy Kelton, Rural Law Radio,
[01:03:26.960 --> 01:03:30.960]  and we're talking to Scott in Texas.
[01:03:30.960 --> 01:03:33.960]  Okay, Scott, where were we?
[01:03:33.960 --> 01:03:36.960]  Okay, now you had stated a couple of things
[01:03:36.960 --> 01:03:38.960]  that kind of brought something up,
[01:03:38.960 --> 01:03:41.960]  because when you said follow motion for default judgment,
[01:03:41.960 --> 01:03:44.960]  does the other side have to be notified
[01:03:44.960 --> 01:03:46.960]  and give X amount of time,
[01:03:46.960 --> 01:03:48.960]  or can't you just put that in
[01:03:48.960 --> 01:03:51.960]  and then try to get the clerk to sign off on it right then?
[01:03:51.960 --> 01:03:53.960]  They had their opportunity.
[01:03:53.960 --> 01:03:55.960]  You put that in front of the clerk,
[01:03:55.960 --> 01:03:57.960]  the clerk can sign it right then.
[01:03:57.960 --> 01:03:59.960]  You don't have to notice the other side.
[01:03:59.960 --> 01:04:01.960]  Beautiful.
[01:04:01.960 --> 01:04:07.960]  And then you talked about if you had, like, six elements or something,
[01:04:07.960 --> 01:04:12.960]  the judge technically didn't have to sign off on it
[01:04:12.960 --> 01:04:14.960]  if it was insufficient.
[01:04:14.960 --> 01:04:19.960]  No, the court will sign off on the default judgment.
[01:04:19.960 --> 01:04:25.960]  But then you have to adjudicate the amount.
[01:04:25.960 --> 01:04:30.960]  Then in that hearing, the judge can look at it and say,
[01:04:30.960 --> 01:04:34.960]  I can't grant you an amount based on this cause of action
[01:04:34.960 --> 01:04:38.960]  because you didn't claim all the elements.
[01:04:38.960 --> 01:04:43.960]  So you failed to state a claim on which recovery can be had.
[01:04:43.960 --> 01:04:46.960]  Hmm.
[01:04:46.960 --> 01:04:52.960]  One of the first things a procé will get in a response.
[01:04:52.960 --> 01:04:58.960]  But if you have claimed, which I suspect in yours goes to do, process,
[01:04:58.960 --> 01:05:03.960]  the law said the officer cannot do this thing.
[01:05:03.960 --> 01:05:05.960]  The law, the officer did this thing,
[01:05:05.960 --> 01:05:06.960]  and in the process tonight,
[01:05:06.960 --> 01:05:09.960]  I've been full of reactions to her enjoyment of life.
[01:05:09.960 --> 01:05:12.960]  That will be sufficient.
[01:05:12.960 --> 01:05:16.960]  It's not like fraud by non-disclosure,
[01:05:16.960 --> 01:05:25.960]  where the actor made a proactive statement of fact to you.
[01:05:25.960 --> 01:05:28.960]  The actor failed to give complete disclosure.
[01:05:28.960 --> 01:05:32.960]  The actor had reason to believe that you didn't,
[01:05:32.960 --> 01:05:37.960]  were not aware of the information withheld.
[01:05:37.960 --> 01:05:41.960]  You relied on the actor and was harmed by thereby.
[01:05:41.960 --> 01:05:49.960]  I plead all of those in order to present a claim
[01:05:49.960 --> 01:05:51.960]  for which recovery can be had.
[01:05:51.960 --> 01:05:55.960]  And it's not just a bare recitation of the elements.
[01:05:55.960 --> 01:06:02.960]  You have to plead facts that establish each of the elements.
[01:06:02.960 --> 01:06:07.960]  But in due process, the law says you must do this thing.
[01:06:07.960 --> 01:06:08.960]  They didn't do this thing.
[01:06:08.960 --> 01:06:09.960]  I was harmed by thereby.
[01:06:09.960 --> 01:06:11.960]  I was denied in due process.
[01:06:11.960 --> 01:06:17.960]  And a due process violation is harm as, harm per se.
[01:06:17.960 --> 01:06:19.960]  So it's harm as a matter of law.
[01:06:19.960 --> 01:06:23.960]  So you will have enough to support your claim.
[01:06:23.960 --> 01:06:29.960]  But everybody else, when you take action,
[01:06:29.960 --> 01:06:32.960]  whenever you sue somebody,
[01:06:32.960 --> 01:06:38.960]  look at a cause of action as if it were a criminal accusation.
[01:06:38.960 --> 01:06:41.960]  If you're accused of a crime,
[01:06:41.960 --> 01:06:48.960]  first thing you do is go get the statute and read it.
[01:06:48.960 --> 01:06:51.960]  What are the elements?
[01:06:51.960 --> 01:06:58.960]  Did the accusation allege all of the elements?
[01:06:58.960 --> 01:07:01.960]  And when you read criminal complaints,
[01:07:01.960 --> 01:07:07.960]  they sound kind of pedantic because they state these little one-liners.
[01:07:07.960 --> 01:07:10.960]  He did this, he did this, he did this, he did this.
[01:07:10.960 --> 01:07:13.960]  And that's about cost of walking down all the elements.
[01:07:13.960 --> 01:07:16.960]  So if you're accused of a crime,
[01:07:16.960 --> 01:07:18.960]  check all the elements, make sure they're there.
[01:07:18.960 --> 01:07:24.960]  If you're sued based on a cause of action,
[01:07:24.960 --> 01:07:28.960]  go into do some research, find the cause of action.
[01:07:28.960 --> 01:07:30.960]  It'll be defined.
[01:07:30.960 --> 01:07:34.960]  Look at all of the elements of the cause of action
[01:07:34.960 --> 01:07:37.960]  and make sure each one of those are pled,
[01:07:37.960 --> 01:07:41.960]  along with facts, to support the claims.
[01:07:41.960 --> 01:07:44.960]  If they're not, you file a motion to dismiss
[01:07:44.960 --> 01:07:47.960]  a favorite state of claim on which the cover can be had.
[01:07:47.960 --> 01:07:50.960]  Then if you even get a default judgment,
[01:07:50.960 --> 01:07:55.960]  you get to the prove-up side of the trial
[01:07:55.960 --> 01:07:57.960]  to prove up the amount owed.
[01:07:57.960 --> 01:07:58.960]  The judge is going to say,
[01:07:58.960 --> 01:08:00.960]  I can't give you anything on this one
[01:08:00.960 --> 01:08:03.960]  because she didn't give me a sufficient claim.
[01:08:03.960 --> 01:08:08.960]  Okay, no, that makes a lot of sense.
[01:08:08.960 --> 01:08:11.960]  I kind of cleared up quite a few things on,
[01:08:11.960 --> 01:08:15.960]  especially on some of the civil torts that I wanted to,
[01:08:15.960 --> 01:08:19.960]  that I need to do against a couple of regular people
[01:08:19.960 --> 01:08:21.960]  and not public officials.
[01:08:21.960 --> 01:08:24.960]  So that's going to help out quite a bit right there.
[01:08:24.960 --> 01:08:26.960]  And then the only other thing is,
[01:08:26.960 --> 01:08:30.960]  I just want to give myself a plug
[01:08:30.960 --> 01:08:38.960]  because I have a radio show now on truthradio.com.
[01:08:38.960 --> 01:08:39.960]  You do too.
[01:08:39.960 --> 01:08:42.960]  You're on Monday nights at 8 to 9.
[01:08:42.960 --> 01:08:43.960]  Wait a minute.
[01:08:43.960 --> 01:08:45.960]  Are you plugging another radio station?
[01:08:45.960 --> 01:08:48.960]  You forgot to mention Howard Griswold.
[01:08:48.960 --> 01:08:49.960]  Hello.
[01:08:49.960 --> 01:08:51.960]  I'm right after Howard Griswold.
[01:08:51.960 --> 01:08:53.960]  He's on at 8 to 9,
[01:08:53.960 --> 01:08:56.960]  and I'm going to be on from 9 to 10
[01:08:56.960 --> 01:08:59.960]  on Wednesday nights on truthradio.com.
[01:08:59.960 --> 01:09:02.960]  And I encourage everybody to go listen to Howard
[01:09:02.960 --> 01:09:06.960]  because this guy is a bear.
[01:09:06.960 --> 01:09:07.960]  He's awesome.
[01:09:07.960 --> 01:09:10.960]  He's got a ton of information.
[01:09:10.960 --> 01:09:13.960]  In fact, my next show that I'm going to do,
[01:09:13.960 --> 01:09:16.960]  I'm going to have Howard as a guest host.
[01:09:16.960 --> 01:09:19.960]  So, and that's going to come on this coming Wednesday.
[01:09:19.960 --> 01:09:22.960]  And I'll also do the replay of the show
[01:09:22.960 --> 01:09:26.960]  on my YouTube channel, Snappoo Radio on YouTube.
[01:09:26.960 --> 01:09:30.960]  I'll upload it the next day after the show.
[01:09:30.960 --> 01:09:35.960]  So, if you want to catch it as soon as it comes out,
[01:09:35.960 --> 01:09:37.960]  go to truthradio.
[01:09:37.960 --> 01:09:41.960]  Catch Randy on there from Monday nights at 8 to 9.
[01:09:41.960 --> 01:09:44.960]  So, go on there on Wednesday nights from 8 to 10.
[01:09:44.960 --> 01:09:46.960]  You'll catch Howard Griswold.
[01:09:46.960 --> 01:09:49.960]  And then hear my prerecorded show afterwards.
[01:09:49.960 --> 01:09:53.960]  And everybody needs to do it to help support
[01:09:53.960 --> 01:09:56.960]  all these independent stations out there
[01:09:56.960 --> 01:10:00.960]  that are giving everybody the truth on the radio.
[01:10:00.960 --> 01:10:01.960]  Yes.
[01:10:01.960 --> 01:10:07.960]  And it's not considered bad form to advertise another station
[01:10:07.960 --> 01:10:09.960]  but from your own.
[01:10:09.960 --> 01:10:14.960]  But we're a community here and we want to hear other voices.
[01:10:14.960 --> 01:10:16.960]  I'm going to be contacting Howard.
[01:10:16.960 --> 01:10:20.960]  I've been, I don't think I've ever talked to Howard directly,
[01:10:20.960 --> 01:10:24.960]  but the pastor mentions him all the time
[01:10:24.960 --> 01:10:29.960]  and I've heard of Howard Griswold since I've been in the movement.
[01:10:29.960 --> 01:10:33.960]  And one of the good things about it, he may actually be older than me.
[01:10:33.960 --> 01:10:34.960]  Oh, yeah.
[01:10:34.960 --> 01:10:36.960]  He's a curmudgeon, old fellow.
[01:10:36.960 --> 01:10:37.960]  Let me tell you.
[01:10:37.960 --> 01:10:38.960]  Good.
[01:10:38.960 --> 01:10:42.960]  And I've got dirt in my front yard that's not as old as me.
[01:10:42.960 --> 01:10:46.960]  So, it would be nice to have somebody older than me.
[01:10:46.960 --> 01:10:48.960]  Yeah, I've heard nothing but good about Howard Griswold.
[01:10:48.960 --> 01:10:51.960]  I'd kind of like to get him on the show.
[01:10:51.960 --> 01:10:54.960]  So, I'll give him a ring or maybe you can talk to him,
[01:10:54.960 --> 01:11:01.960]  see if he's interested in coming on and we'll steal some of the pastors
[01:11:01.960 --> 01:11:09.960]  and the speakers, see if we can get him excited.
[01:11:09.960 --> 01:11:15.960]  I would like to get y'all on a show and do a show with both you and him
[01:11:15.960 --> 01:11:19.960]  on one of my shows too because that would be really powerful
[01:11:19.960 --> 01:11:24.960]  because I get quite a few hits on some of these YouTube videos
[01:11:24.960 --> 01:11:28.960]  because it hits a whole different genre of people.
[01:11:28.960 --> 01:11:33.960]  And everybody also needs to go to the trafficticket.website,
[01:11:33.960 --> 01:11:38.960]  download the docs on that, pay your 50 bucks and contribute to the cause
[01:11:38.960 --> 01:11:42.960]  because we need you to help contribute.
[01:11:42.960 --> 01:11:47.960]  More than that, we need these documents filed.
[01:11:47.960 --> 01:11:51.960]  We need these courts having to deal with these documents
[01:11:51.960 --> 01:11:55.960]  and I need feedback on how the courts are dealing with it.
[01:11:55.960 --> 01:12:01.960]  Right now, the primary feedback I'm getting is the courts are just ignoring them.
[01:12:01.960 --> 01:12:06.960]  And I've got a number of people I'm helping walk through the system
[01:12:06.960 --> 01:12:10.960]  and use the process to go after these guys.
[01:12:10.960 --> 01:12:16.960]  And while we're doing that, each time somebody uses a set of these documents
[01:12:16.960 --> 01:12:21.960]  and they work them through the system, I want to see, I want to need feedback.
[01:12:21.960 --> 01:12:24.960]  What did they do?
[01:12:24.960 --> 01:12:29.960]  What did they do that we were ready for and what did they do that we weren't ready for?
[01:12:29.960 --> 01:12:36.960]  So then I'll go in there and build documents for just about everything we come across that they do
[01:12:36.960 --> 01:12:41.960]  and then we'll build a set of questionnaires, did they do this, did they do this, did they do this
[01:12:41.960 --> 01:12:47.960]  and we will ask for each of those things that they do.
[01:12:47.960 --> 01:12:49.960]  Did they do this thing here?
[01:12:49.960 --> 01:12:54.960]  You say yes, the system will spit you out one set of documents.
[01:12:54.960 --> 01:12:57.960]  If you say no, they'll say, well, did they do this?
[01:12:57.960 --> 01:12:58.960]  They'll spit you out another.
[01:12:58.960 --> 01:13:05.960]  We will eventually have this so that no matter what they do, we can go right back at them.
[01:13:05.960 --> 01:13:11.960]  And if we're doing this all over the state, one thing you can be sure,
[01:13:11.960 --> 01:13:20.960]  most every municipal judge and JP in the state of Texas know Scott Richardson or knows of him.
[01:13:20.960 --> 01:13:28.960]  Because when one of these guys gets hammered, they talk to all of these other judges and JPs
[01:13:28.960 --> 01:13:34.960]  and let them know what they're having to deal with so that they can develop ways of handling it.
[01:13:34.960 --> 01:13:37.960]  Same thing that I want to do.
[01:13:37.960 --> 01:13:46.960]  So just about everybody knows about this and as we start stinging them in different places around the state
[01:13:46.960 --> 01:13:56.960]  and we sting the police officer with T-close complaints and T-close responds
[01:13:56.960 --> 01:14:02.960]  and the next time we T-close, we have a more effective T-close complaint.
[01:14:02.960 --> 01:14:10.960]  They respond to one of our documents, whatever they pick apart in the documents that I've created these documents
[01:14:10.960 --> 01:14:13.960]  and they got errors all over them.
[01:14:13.960 --> 01:14:17.960]  I don't know what they are, but they're going to tell me.
[01:14:17.960 --> 01:14:19.960]  They got weak places in them.
[01:14:19.960 --> 01:14:22.960]  They're going to tell me what those weak places are.
[01:14:22.960 --> 01:14:25.960]  And when they do, they now strengthen them.
[01:14:25.960 --> 01:14:31.960]  So the next guy that comes along is going to have a lot tougher field upon.
[01:14:31.960 --> 01:14:37.960]  The lawyer in Highland Park, when I jerked these judge around pretty good, told him,
[01:14:37.960 --> 01:14:42.960]  I wanted a good effective brief on my challenge subject matter jurisdiction.
[01:14:42.960 --> 01:14:44.960]  I got nothing.
[01:14:44.960 --> 01:14:46.960]  I don't know if he quit.
[01:14:46.960 --> 01:14:49.960]  I don't know what he did, but I'll find out next Tuesday.
[01:14:49.960 --> 01:14:55.960]  I'll go in there and we'll jerk him around a little more, but I want to get these in there as many as you can.
[01:14:55.960 --> 01:15:03.960]  The primary thing I expect this to do is affect the police officers on the street.
[01:15:03.960 --> 01:15:10.960]  The guys that the chief or the sheriff is sending out there to write these tickets
[01:15:10.960 --> 01:15:16.960]  and they get their professional credentials deemed big time.
[01:15:16.960 --> 01:15:21.960]  That's going to create a lot of dissension in their ranks.
[01:15:21.960 --> 01:15:25.960]  It's going to get harder to get these officers to go out there and write these tickets
[01:15:25.960 --> 01:15:29.960]  if it's going to damage their professional career.
[01:15:29.960 --> 01:15:35.960]  These low level prosecutors, we just talked about that earlier.
[01:15:35.960 --> 01:15:47.960]  We send a bar grievance to the lawyer, the prosecutor for conspiring with the police officer
[01:15:47.960 --> 01:15:51.960]  to obstruct justice.
[01:15:51.960 --> 01:15:56.960]  This lawyer, he's going to have a conniption fit when you stink him
[01:15:56.960 --> 01:16:02.960]  and he's going to tell the city, you need to get somebody else, you cost me a fortune,
[01:16:02.960 --> 01:16:06.960]  then the city's not able to fire higher lawyers.
[01:16:06.960 --> 01:16:10.960]  There's more than one way to get this done.
[01:16:10.960 --> 01:16:18.960]  With a little help here, we can begin to change how traffic enforcement's done in Texas.
[01:16:18.960 --> 01:16:22.960]  Do you have a final word, Scott, or do you have something for the other side?
[01:16:22.960 --> 01:16:26.960]  No, I just wanted to let everybody know you're absolutely correct
[01:16:26.960 --> 01:16:32.960]  because by the time I stuffed all that paperwork in Rockwall, the next guy that came behind me,
[01:16:32.960 --> 01:16:35.960]  they're paying a lot of attention to him.
[01:16:35.960 --> 01:16:40.960]  Everybody needs to start doing this because it really will shake their tree good.
[01:16:40.960 --> 01:16:44.960]  I'll go ahead and let you get to the next caller.
[01:16:44.960 --> 01:16:48.960]  Thank you, Scott. We're out of time.
[01:16:48.960 --> 01:16:53.960]  Randy Kelton, Voodoo Law Radio, or call in number 512-646-1984.
[01:16:53.960 --> 01:16:59.960]  We'll be right back.
[01:16:59.960 --> 01:17:00.960]  I love logos.
[01:17:00.960 --> 01:17:04.960]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:17:04.960 --> 01:17:06.960]  I'm addicted to the truth now that there's no going back.
[01:17:06.960 --> 01:17:09.960]  I need my truths fixed. I'd be lost without logos.
[01:17:09.960 --> 01:17:12.960]  And I really want to help keep this network on the air.
[01:17:12.960 --> 01:17:15.960]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite,
[01:17:15.960 --> 01:17:19.960]  and I really don't have any money to give because I spent it all on supplements.
[01:17:19.960 --> 01:17:21.960]  How can I help logos?
[01:17:21.960 --> 01:17:23.960]  Well, I'm glad you asked.
[01:17:23.960 --> 01:17:26.960]  Whenever you order anything from Amazon, you can help logos.
[01:17:26.960 --> 01:17:28.960]  In order new supplies or holiday gifts,
[01:17:28.960 --> 01:17:30.960]  first thing you do is clear your cookies.
[01:17:30.960 --> 01:17:34.960]  Now, go to LogosRadioNetwork.com.
[01:17:34.960 --> 01:17:37.960]  Click on the Amazon logo and bookmark it.
[01:17:37.960 --> 01:17:40.960]  Now, when you order anything from Amazon, you use that link,
[01:17:40.960 --> 01:17:42.960]  and logos gets a few pesos.
[01:17:42.960 --> 01:17:43.960]  Do I pay extra?
[01:17:43.960 --> 01:17:44.960]  No.
[01:17:44.960 --> 01:17:46.960]  Do you have to do anything different when I order?
[01:17:46.960 --> 01:17:47.960]  No.
[01:17:47.960 --> 01:17:48.960]  Can I use my Amazon Prime?
[01:17:48.960 --> 01:17:49.960]  No.
[01:17:49.960 --> 01:17:50.960]  I mean, yes.
[01:17:50.960 --> 01:17:53.960]  Wow. Giving without doing anything or spending any money.
[01:17:53.960 --> 01:17:54.960]  This is perfect.
[01:17:54.960 --> 01:17:56.960]  Thank you so much.
[01:17:56.960 --> 01:17:57.960]  You're welcome.
[01:17:57.960 --> 01:17:59.960]  Happy holidays, logos.
[01:17:59.960 --> 01:18:04.960]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:18:04.960 --> 01:18:08.960]  Stop debt collectors now with the Michael Merris Proven Method.
[01:18:08.960 --> 01:18:12.960]  Michael Merris has won six cases in federal court against debt collectors,
[01:18:12.960 --> 01:18:14.960]  and now you can win two.
[01:18:14.960 --> 01:18:18.960]  You'll get step-by-step instructions in plain English on how to win in court
[01:18:18.960 --> 01:18:20.960]  using federal civil rights statute.
[01:18:20.960 --> 01:18:24.960]  What to do when contacted by phone, mail, or court summons?
[01:18:24.960 --> 01:18:26.960]  How to answer letters and phone calls?
[01:18:26.960 --> 01:18:28.960]  How to get debt collectors out of your credit reports?
[01:18:28.960 --> 01:18:33.960]  How to turn the financial tables on them and make them pay you to go away?
[01:18:33.960 --> 01:18:38.960]  The Michael Merris Proven Method is the solution for how to stop debt collectors.
[01:18:38.960 --> 01:18:40.960]  Personal consultation is available as well.
[01:18:40.960 --> 01:18:46.960]  For more information, please visit ruleoflawradio.com and click on the blue Michael Merris banner,
[01:18:46.960 --> 01:18:48.960]  or email Michael Merris at yahoo.com.
[01:18:48.960 --> 01:18:56.960]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:18:56.960 --> 01:18:59.960]  To learn how to stop debt collectors now.
[01:18:59.960 --> 01:19:10.960]  This is the Logos Radio Net Radio Net Radio.
[01:19:10.960 --> 01:19:29.960]  Okay, we are back.
[01:19:29.960 --> 01:19:40.960]  Randy Kelton, rule of law radio on this Friday the 13th of October, 2017.
[01:19:40.960 --> 01:19:43.960]  And we're going to Manuel in California.
[01:19:43.960 --> 01:19:45.960]  Hello, Manuel.
[01:19:45.960 --> 01:19:47.960]  Hello, hello.
[01:19:47.960 --> 01:19:50.960]  What do you have for us today?
[01:19:50.960 --> 01:19:55.960]  Yeah, I don't know if you were able to look at your email, but I sent over some paper.
[01:19:55.960 --> 01:19:59.960]  Yeah, they state a claim that's what they...
[01:19:59.960 --> 01:20:00.960]  Okay, hold on, Manuel.
[01:20:00.960 --> 01:20:05.960]  Can you move the mic slightly down by your chin?
[01:20:05.960 --> 01:20:08.960]  You're distorting the mic.
[01:20:08.960 --> 01:20:09.960]  Oh, okay.
[01:20:09.960 --> 01:20:11.960]  Is that better?
[01:20:11.960 --> 01:20:13.960]  That's better.
[01:20:13.960 --> 01:20:17.960]  Okay.
[01:20:17.960 --> 01:20:18.960]  Start again?
[01:20:18.960 --> 01:20:20.960]  Yes, I sent you an email earlier today.
[01:20:20.960 --> 01:20:23.960]  I don't know if you have time to look at it.
[01:20:23.960 --> 01:20:30.960]  Basically, the defendants attorney filed stating that I had failed to state a claim.
[01:20:30.960 --> 01:20:33.960]  I saw the emails, but I didn't read it yet.
[01:20:33.960 --> 01:20:35.960]  I saw the email on failure to state a claim.
[01:20:35.960 --> 01:20:39.960]  What was the nature of the claim?
[01:20:39.960 --> 01:20:40.960]  Oh, basically, yeah.
[01:20:40.960 --> 01:20:49.960]  I'm lawfully arrested, false arrest, false imprisonment, illegal seizure of my property.
[01:20:49.960 --> 01:20:52.960]  Okay, what was the specific claim?
[01:20:52.960 --> 01:20:54.960]  What was the cause of action?
[01:20:54.960 --> 01:21:00.960]  Let me step back a second and get some background.
[01:21:00.960 --> 01:21:05.960]  Okay, I take it you were arrested and all this, and then you filed civil action.
[01:21:05.960 --> 01:21:15.960]  Did you, prior to filing civil action, send a tort letter to the jurisdiction giving them notice and opportunity?
[01:21:15.960 --> 01:21:17.960]  I did.
[01:21:17.960 --> 01:21:21.960]  Okay, you gave them 60 days to respond.
[01:21:21.960 --> 01:21:22.960]  Yeah, it was more than that.
[01:21:22.960 --> 01:21:23.960]  But yeah, they never read it.
[01:21:23.960 --> 01:21:24.960]  Okay, good.
[01:21:24.960 --> 01:21:25.960]  Good.
[01:21:25.960 --> 01:21:26.960]  Okay.
[01:21:26.960 --> 01:21:33.960]  What was the nature of the claim that where they claim that you failed to state?
[01:21:33.960 --> 01:21:42.960]  It was several C.
[01:21:42.960 --> 01:21:44.960]  They pretty much go through all the...
[01:21:44.960 --> 01:21:45.960]  Okay, hold on.
[01:21:45.960 --> 01:21:46.960]  Hold on.
[01:21:46.960 --> 01:21:53.960]  This is a specific question and it should have got a specific kind of answer.
[01:21:53.960 --> 01:22:05.960]  So what it tells me is, you tell me if I'm right or not, you listed all of the things they did wrong and the laws they violated and then asked for redress.
[01:22:05.960 --> 01:22:07.960]  Is that correct?
[01:22:07.960 --> 01:22:09.960]  Correct.
[01:22:09.960 --> 01:22:12.960]  Problem.
[01:22:12.960 --> 01:22:20.960]  If you're accused of a crime, they will accuse you of violating a specific statute.
[01:22:20.960 --> 01:22:36.960]  If you file a civil suit, some guys, a lot of the patriot people used to get on the air and say that all the federal law says that all cases are civil.
[01:22:36.960 --> 01:22:39.960]  Yeah, that's technically right.
[01:22:39.960 --> 01:22:50.960]  That's technically right is because the criminal code or the code of criminal procedure is a subset of the civil code.
[01:22:50.960 --> 01:22:58.960]  So technically, a criminal prosecution is a special kind of civil action.
[01:22:58.960 --> 01:23:09.960]  And in any action, you must state a claim. In a criminal matter, the claim you state is the violation of a defined statute.
[01:23:09.960 --> 01:23:15.960]  And that statute will have a set of elements that must be pleaded.
[01:23:15.960 --> 01:23:25.960]  When you file a civil action, the first thing you should do is state generally what the case is about.
[01:23:25.960 --> 01:23:39.960]  Then put in, list the parties, show the court that it has jurisdiction, and then put in a bare bones, dry, pedantic state of facts.
[01:23:39.960 --> 01:23:44.960]  This happened, this happened, this happened. No explanation, no argument.
[01:23:44.960 --> 01:23:46.960]  State your facts, give them on the record.
[01:23:46.960 --> 01:23:53.960]  Then you put in an argument in support and this sounds like what you did.
[01:23:53.960 --> 01:23:57.960]  You did the argument in support of your claims.
[01:23:57.960 --> 01:24:09.960]  Once you had the argument in support, now you go in and allege causes of action, cause of action for false imprisonment.
[01:24:09.960 --> 01:24:17.960]  False imprisonment has a set of elements that must be proven.
[01:24:17.960 --> 01:24:23.960]  Due process violation, denial of due process.
[01:24:23.960 --> 01:24:26.960]  You must have had a statutory right.
[01:24:26.960 --> 01:24:33.960]  The officer must have had a specific duty he was required to perform.
[01:24:33.960 --> 01:24:38.960]  He failed to perform that duty and how you were harmed thereby.
[01:24:38.960 --> 01:24:48.960]  You have to state your claims in the terms of predefined causes of action. Did you do that?
[01:24:48.960 --> 01:24:51.960]  Yeah, I think I failed at that. Some of them.
[01:24:51.960 --> 01:24:53.960]  Okay, that's okay. That's okay.
[01:24:53.960 --> 01:25:00.960]  What the lawyer did and what the court will do in their response is tell you what's wrong with it.
[01:25:00.960 --> 01:25:07.960]  When you get a, okay, is this a state case or federal case?
[01:25:07.960 --> 01:25:09.960]  A state.
[01:25:09.960 --> 01:25:18.960]  Okay. When you get a motion to dismiss, in the Fed, it automatically triggers the right to amend.
[01:25:18.960 --> 01:25:26.960]  And it probably does in California, but I'm not exactly certain.
[01:25:26.960 --> 01:25:33.960]  But you can almost certainly file a amended complaint anyway.
[01:25:33.960 --> 01:25:38.960]  So what I have done before is where I filed a suit.
[01:25:38.960 --> 01:25:43.960]  And there's some times that I have to follow one quickly and I don't have time to get everything in there.
[01:25:43.960 --> 01:25:49.960]  God calls me and he's got three days left to get something in.
[01:25:49.960 --> 01:25:56.960]  I put together a whole bunch. I look at the facts and put together some stuff that looks like it goes to the facts and file it.
[01:25:56.960 --> 01:26:01.960]  And I know I'm going to get a motion to dismiss a state of claim.
[01:26:01.960 --> 01:26:05.960]  And that's okay because it got in before the deadline.
[01:26:05.960 --> 01:26:17.960]  When I get that motion to dismiss a state of claim, then I file an amended pleading saying defendants arguments are well taken.
[01:26:17.960 --> 01:26:21.960]  And I move the court to accept this amended pleading.
[01:26:21.960 --> 01:26:30.960]  And I rewrite the pleadings taking into account the objections council made to the first pleading.
[01:26:30.960 --> 01:26:37.960]  So you're in a position where you can do that.
[01:26:37.960 --> 01:26:52.960]  And almost certainly the court will hear their motion, dismiss your complaint for failure to state of claim, but they will dismiss without prejudice.
[01:26:52.960 --> 01:27:00.960]  Sometimes they'll dismiss with prejudice and that will almost always get overturned on appeal.
[01:27:00.960 --> 01:27:09.960]  You know if they're really PO'd at you or if it's a really corrupt jurisdiction, the judge just may dismiss with prejudice trying to stop you.
[01:27:09.960 --> 01:27:13.960]  But if you appeal that, that will almost always get overturned.
[01:27:13.960 --> 01:27:17.960]  So you'll get a shot at filing an appeal.
[01:27:17.960 --> 01:27:19.960]  The amended.
[01:27:19.960 --> 01:27:22.960]  Yeah, all is not I said appeal my bad.
[01:27:22.960 --> 01:27:25.960]  Yeah, an amended complaint.
[01:27:25.960 --> 01:27:34.960]  So with that said, now let's go to first cause of action.
[01:27:34.960 --> 01:27:37.960]  What was your first cause of action.
[01:27:37.960 --> 01:27:43.960]  Yeah, that was a question.
[01:27:43.960 --> 01:27:48.960]  Oh, tell me what your first cause of action was.
[01:27:48.960 --> 01:27:51.960]  I'm not understanding.
[01:27:51.960 --> 01:28:07.960]  Okay, in order to state a claim on which recovery can be had, you must state the claim in terms of causes of action saying that they did bad stuff.
[01:28:07.960 --> 01:28:12.960]  You generally do that just to inform the court of the facts.
[01:28:12.960 --> 01:28:21.960]  Do a statement of facts saying what they did, then you do an argument and support saying when they did this, they violated this law or this.
[01:28:21.960 --> 01:28:32.960]  And this case law defines the law in this way that makes what they did improper and you just do an argument and support.
[01:28:32.960 --> 01:28:45.960]  Then you say based on the above defendant committed the act of false that the cause of action of false imprisonment.
[01:28:45.960 --> 01:28:53.960]  Then you get a claim for false imprisonment you can pull some off the web and see how they're pleaded.
[01:28:53.960 --> 01:29:14.960]  Or if you can find a California presented a prepared cause of action for false imprisonment, go through all the elements of the cause of action for false imprisonment and say the defendant was arrested.
[01:29:14.960 --> 01:29:21.960]  The plaintiff was arrested defendant lack probable cause for the arrest.
[01:29:21.960 --> 01:29:25.960]  The defendant was held in jail X amount of time.
[01:29:25.960 --> 01:29:44.960]  There'll be a set of elements that you have to claim defendant was arrested by Joe's blown police officer purporting to enforce transportation code when 701 part 001 states that only sheriff deputies can enforce the president.
[01:29:44.960 --> 01:29:56.960]  Transportation or whatever the claim is you show what he did why what he did goes to an element of the cause of action and then why you should get.
[01:29:56.960 --> 01:29:59.960]  We'll be right back.
[01:29:59.960 --> 01:30:15.960]  What smells so bad taxi drivers in Bangkok won't let you into a cab if you're carrying it amazingly it's a food and I've actually eaten it.
[01:30:15.960 --> 01:30:21.960]  Privacy is under attack when you give up data about yourself you'll never get it back again.
[01:30:21.960 --> 01:30:31.960]  And once your privacy is gone you'll find your freedoms will start to vanish too so protect your rights say no to surveillance and keep your information to yourself.
[01:30:31.960 --> 01:30:44.960]  Privacy it's worth hanging on to this public service announcement is brought to you by start page dot com the private search engine alternative to Google Yahoo and bin start over with start page.
[01:30:44.960 --> 01:30:55.960]  Some call it repulsive while others call it the king of fruits. It's durian a football size fruit from Southeast Asia tough and spiky on the outside and creamy like custard on the inside.
[01:30:55.960 --> 01:31:03.960]  Durian is soft enough to eat with a spoon if you can stand the smell that is what the flavor is like an onion flavored vanilla pudding.
[01:31:03.960 --> 01:31:17.960]  The smell is a cross between unwashed socks in the city dump. In fact it's so pungent the taxis in tropical countries often sport no durian signs in place of no smoking signs to sample the fruit that tastes like heaven and smells like hell.
[01:31:17.960 --> 01:31:20.960]  Check the freezer section of your local Asian market.
[01:31:20.960 --> 01:31:29.960]  Taxi Dr. Catherine Albrecht more news and information at Catherine Albrecht dot com.
[01:31:29.960 --> 01:31:37.960]  This is building seven a forty seven story skyscraper that fell on the afternoon of September 11 the government says that fire brought it down.
[01:31:37.960 --> 01:31:47.960]  However fifteen hundred architects and engineers concluded it was a controlled demolition over six thousand my fellow service members have given their lives and thousands of my fellow first responders.
[01:31:47.960 --> 01:31:49.960]  I'm not a conspiracy theorist.
[01:31:49.960 --> 01:31:50.960]  I'm a structural engineer.
[01:31:50.960 --> 01:31:51.960]  I'm a New York City correction.
[01:31:51.960 --> 01:31:52.960]  I'm an Air Force pilot.
[01:31:52.960 --> 01:31:54.960]  I'm a father who lost his son.
[01:31:54.960 --> 01:32:00.960]  They're Americans and we deserve the truth.
[01:32:00.960 --> 01:32:02.960]  Hey it's Danny here for Hill Country Home Improvements.
[01:32:02.960 --> 01:32:05.960]  Did your home receive hail or wind damage from the recent storms?
[01:32:05.960 --> 01:32:10.960]  Come on we all know the government caused it with their chemtrails but good luck getting them to pay for it.
[01:32:10.960 --> 01:32:13.960]  Okay I might be kidding about the chemtrails but I'm serious about your roof.
[01:32:13.960 --> 01:32:20.960]  That's why you have insurance and Hill Country Home Improvements can handle the claim for you with little to no out of pocket expense.
[01:32:20.960 --> 01:32:31.960]  Even when you accept Bitcoin as a multi-year A plus member of the Better Business Bureau with zero complaints you can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:31.960 --> 01:32:44.960]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com mention the crypto show and get a hundred dollars off and we'll donate another hundred dollars to the Logos Radio Network to help continue this programming.
[01:32:44.960 --> 01:32:49.960]  So if those out of town roofers come knocking your door should be locked in.
[01:32:49.960 --> 01:32:55.960]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:55.960 --> 01:32:57.960]  Discounts are based on full roof replacement.
[01:32:57.960 --> 01:33:00.960]  I mean I actually be kidding about chemtrails.
[01:33:00.960 --> 01:33:27.960]  Looking for some truth? You found it LogosRadioNetwork.com.
[01:33:27.960 --> 01:33:31.960]  Okay we are back. Randy Kelton rules our radio.
[01:33:31.960 --> 01:33:36.960]  We're talking to Manuel in California.
[01:33:36.960 --> 01:33:40.960]  Okay I've tried to open your documents.
[01:33:40.960 --> 01:33:41.960]  They're all in images.
[01:33:41.960 --> 01:33:49.960]  It'll take me quite a while to get those things opened and stitched back together.
[01:33:49.960 --> 01:34:06.960]  Causes of action. The fact that you aren't able to tell me a cause of action tells me that you don't have cause of actions in there and that's exactly why you got this motion to dismiss.
[01:34:06.960 --> 01:34:13.960]  So it's probably pretty accurate that the motion to dismiss is probably appropriate.
[01:34:13.960 --> 01:34:15.960]  But that's okay.
[01:34:15.960 --> 01:34:26.960]  Always consider the response by the other side and the order by the judge as just a teaching tool.
[01:34:26.960 --> 01:34:27.960]  True.
[01:34:27.960 --> 01:34:30.960]  They're going to tell you what's wrong with your pleading.
[01:34:30.960 --> 01:34:34.960]  Pay real close attention.
[01:34:34.960 --> 01:34:37.960]  Especially the order.
[01:34:37.960 --> 01:34:41.960]  The judge is going to tell you precisely what's wrong with your pleading.
[01:34:41.960 --> 01:34:52.960]  We in the legal reform community sometimes we get the idea that the courts are totally corrupt and that is not true.
[01:34:52.960 --> 01:35:00.960]  I have a friend and he used to be, have his own show he doesn't anymore, Harmon Taylor.
[01:35:00.960 --> 01:35:05.960]  And Harmon Taylor used to be a lawyer but gave up his bar card and discussed.
[01:35:05.960 --> 01:35:18.960]  And his perspective was is that when a judge issues an order, the judge is always trying to instruct the lawyers on both sides.
[01:35:18.960 --> 01:35:28.960]  If you look at a lot of these cases, you'll see where the judge tells one side what's wrong with these pleadings, what he needs to do to fix them.
[01:35:28.960 --> 01:35:34.960]  And he'll tell the other side what's wrong with his pleadings and what he needs to do to fix them.
[01:35:34.960 --> 01:35:51.960]  In this case, pay close attention to the order the judge gives or if you find value in what the other lawyer has stated,
[01:35:51.960 --> 01:36:10.960]  you might consider, before the judge issues an order, to consider his criticisms well taken and write an amended complaint and ask the judge to accept the amended complaint.
[01:36:10.960 --> 01:36:22.960]  Now what you do that is you write a motion requesting permission to file an amended complaint and you attach the amended complaint to the motion.
[01:36:22.960 --> 01:36:31.960]  That way the judge can read the complaint and if he accepts it, then your motion is filed. That's kind of the strategy.
[01:36:31.960 --> 01:36:43.960]  Okay. You were arrested. Kind of give us a quick brief background of the case itself.
[01:36:43.960 --> 01:36:55.960]  Yeah, it was a traffic stop. They stopped me. Yeah, I claim false arrest, but the other attorney saying there was a detention because they actually didn't take me to jail.
[01:36:55.960 --> 01:36:58.960]  Okay. Who stopped you?
[01:36:58.960 --> 01:37:01.960]  And then the Highway Patrol?
[01:37:01.960 --> 01:37:05.960]  California Highway Patrol or a municipal police department?
[01:37:05.960 --> 01:37:07.960]  Yeah, municipal.
[01:37:07.960 --> 01:37:10.960]  What municipality?
[01:37:10.960 --> 01:37:12.960]  Richmond.
[01:37:12.960 --> 01:37:14.960]  Say that again?
[01:37:14.960 --> 01:37:16.960]  Richmond.
[01:37:16.960 --> 01:37:27.960]  Okay. If you will read the transportation code on authority to enforce, primarily it's California Highway Patrol.
[01:37:27.960 --> 01:37:30.960]  Los Angeles Police.
[01:37:30.960 --> 01:37:33.960]  I'm not Los Angeles.
[01:37:33.960 --> 01:37:41.960]  There are a couple of areas where local police are allowed to enforce.
[01:37:41.960 --> 01:37:45.960]  One of them is on Coast Highway.
[01:37:45.960 --> 01:37:48.960]  I think it's south of Los Angeles.
[01:37:48.960 --> 01:38:00.960]  It's three specific places where local police officers are authorized to enforce transportation code, but not generally in California.
[01:38:00.960 --> 01:38:13.960]  You should read that section of the transportation code or the motor vehicle code in California.
[01:38:13.960 --> 01:38:28.960]  It's real clear on who can enforce. Then you use that code to do a request for authorization of the department to enforce.
[01:38:28.960 --> 01:38:38.960]  So they don't have authority to enforce. Now you can go to false imprisonment even on a detention.
[01:38:38.960 --> 01:38:40.960]  They don't have authority to detain.
[01:38:40.960 --> 01:38:43.960]  Okay, go ahead.
[01:38:43.960 --> 01:38:45.960]  Yeah, I'm listening.
[01:38:45.960 --> 01:38:50.960]  No, no. What else did they, what else did you claim?
[01:38:50.960 --> 01:38:53.960]  Oh, unlawful seizure of my truck.
[01:38:53.960 --> 01:38:57.960]  We are larceny, robbery.
[01:38:57.960 --> 01:39:05.960]  Okay, okay. How did you support unlawful seizure of your truck?
[01:39:05.960 --> 01:39:09.960]  First, first give me a set of facts.
[01:39:09.960 --> 01:39:14.960]  Set of facts does.
[01:39:14.960 --> 01:39:18.960]  Did they take, did they take your truck? Did they tow it?
[01:39:18.960 --> 01:39:20.960]  Yes, they did.
[01:39:20.960 --> 01:39:21.960]  Okay.
[01:39:21.960 --> 01:39:22.960]  What do they hold?
[01:39:22.960 --> 01:39:26.960]  What was the claim?
[01:39:26.960 --> 01:39:28.960]  My claim is like the other didn't have.
[01:39:28.960 --> 01:39:37.960]  Not your claim. What was the officer's claim as authority to impound your vehicle?
[01:39:37.960 --> 01:39:42.960]  So that's the license.
[01:39:42.960 --> 01:39:48.960]  You're not being clear. Did you have current registration?
[01:39:48.960 --> 01:39:49.960]  Yes.
[01:39:49.960 --> 01:39:56.960]  Okay, because the reason I asked that is it can be failure to display when you actually had it.
[01:39:56.960 --> 01:40:06.960]  So, okay, so they took it, robbery. Where did that come from?
[01:40:06.960 --> 01:40:10.960]  Well, basically, yeah, I consider there was a robbery, you know, because we were pretty intimidating.
[01:40:10.960 --> 01:40:15.960]  Surrounded my truck and pretty much they were telling me to get out of the truck.
[01:40:15.960 --> 01:40:19.960]  No, no, no. You said robbery.
[01:40:19.960 --> 01:40:22.960]  Yes.
[01:40:22.960 --> 01:40:27.960]  How did you support robbery?
[01:40:27.960 --> 01:40:31.960]  Well, basically just, yeah, I looked up the penal code and used the elements.
[01:40:31.960 --> 01:40:35.960]  No, no. What did they steal?
[01:40:35.960 --> 01:40:37.960]  My truck.
[01:40:37.960 --> 01:40:41.960]  Did they give you, did you get your truck back?
[01:40:41.960 --> 01:40:43.960]  Yeah, but I had to pay for it.
[01:40:43.960 --> 01:40:46.960]  Okay, still not, that's not robbery.
[01:40:46.960 --> 01:40:53.960]  Robbery is where they take something and do not intend to give it back.
[01:40:53.960 --> 01:40:55.960]  Okay.
[01:40:55.960 --> 01:41:02.960]  Yeah, in this case, they did not intend to keep it.
[01:41:02.960 --> 01:41:06.960]  This is why you have to look up causes of action.
[01:41:06.960 --> 01:41:11.960]  There's another cause of action you can make for that and they deprived you of the vehicle.
[01:41:11.960 --> 01:41:14.960]  Did they damage it?
[01:41:14.960 --> 01:41:17.960]  No, they didn't damage it, but they did do it.
[01:41:17.960 --> 01:41:20.960]  Was it, was anything missing out of it?
[01:41:20.960 --> 01:41:22.960]  No.
[01:41:22.960 --> 01:41:26.960]  Okay, then you don't have a cause of action for robbery.
[01:41:26.960 --> 01:41:30.960]  Okay, what other cause of actions did you claim?
[01:41:30.960 --> 01:41:32.960]  Larceny.
[01:41:32.960 --> 01:41:36.960]  Larceny. How did you get to Larceny?
[01:41:36.960 --> 01:41:40.960]  First, what is Larceny?
[01:41:40.960 --> 01:41:46.960]  That's good. I put the penal code 487.
[01:41:46.960 --> 01:41:48.960]  I don't know.
[01:41:48.960 --> 01:41:51.960]  No, read what it says.
[01:41:51.960 --> 01:41:54.960]  For my pleadings?
[01:41:54.960 --> 01:41:59.960]  No, no. What does the law on Larceny in California say?
[01:41:59.960 --> 01:42:06.960]  When money or labor are real, personal property is taken and the value exceeding $900.
[01:42:06.960 --> 01:42:16.960]  And the property is taken in the following...
[01:42:16.960 --> 01:42:19.960]  In the following, you're starting in the middle of a sentence.
[01:42:19.960 --> 01:42:22.960]  Yeah, automobile.
[01:42:22.960 --> 01:42:31.960]  Like, we'll take an in you, get out of my... My pleading is wrong right there.
[01:42:31.960 --> 01:42:34.960]  No, I'm not going to go read all the pleadings on the air.
[01:42:34.960 --> 01:42:37.960]  I've got... You sent them to me in individual images.
[01:42:37.960 --> 01:42:40.960]  I've got to download every one of those images separately.
[01:42:40.960 --> 01:42:48.960]  Then I have to load them all up in a Word document and export the Word document to PDF before I can read them.
[01:42:48.960 --> 01:42:50.960]  Oh, wow.
[01:42:50.960 --> 01:42:52.960]  I've got to accuse them of Larceny.
[01:42:52.960 --> 01:42:55.960]  What does the law call Larceny?
[01:42:55.960 --> 01:43:05.960]  I've got California Penal Code, Part 1, Title 13, Crimes Against Property, Chapter 5, Larceny.
[01:43:05.960 --> 01:43:08.960]  48.87 grand...
[01:43:08.960 --> 01:43:11.960]  Oh, that's grand theft.
[01:43:11.960 --> 01:43:18.960]  Let's see. I'm in the wrong place.
[01:43:18.960 --> 01:43:26.960]  48.84 through 502 is Larceny.
[01:43:26.960 --> 01:43:30.960]  Larceny, the only thing I've got here... It's too... Take too long to look it up.
[01:43:30.960 --> 01:43:34.960]  You can't make these claims unless you know what they are.
[01:43:34.960 --> 01:43:43.960]  And in order to be able to sue these guys and get a suit to stand up in court, you have to do your homework.
[01:43:43.960 --> 01:43:50.960]  The first thing you've got to do is apply the... Let me back up to the beginning.
[01:43:50.960 --> 01:43:54.960]  The first thing you need to do is write a timeline.
[01:43:54.960 --> 01:43:59.960]  This happened, and this happened, and this happened. It's right down everything that happened.
[01:43:59.960 --> 01:44:16.960]  Neutricious food is real body armor. It builds muscle, burns fat, improves digestion and feeds the entire body the nutrients it needs.
[01:44:16.960 --> 01:44:22.960]  People have been confused about this plan for over 80 years, and many still don't know what hemp is.
[01:44:22.960 --> 01:44:29.960]  So now you know hemp is not marijuana, and marijuana is not hemp. They are different varieties of the same species.
[01:44:29.960 --> 01:44:38.960]  Hempusa.org wants the world to know these basic facts, and to help people understand that hemp protein powder is the best kept health secret you need to know about.
[01:44:38.960 --> 01:44:47.960]  Remember, hemp protein powder contains 53% protein, is gluten free, anti-inflammatory, non-GMO, and is loaded with nutrients.
[01:44:47.960 --> 01:44:59.960]  Call 888-910-4367, 888-910-4367, and see what our powder seeds and oil can do for you only at hempusa.org.
[01:45:18.960 --> 01:45:21.960]  First place, up for grabs of Spikes Tactical AR-15.
[01:45:21.960 --> 01:45:25.960]  Second place, Taurus BT-111 G2 9mm Pistol.
[01:45:25.960 --> 01:45:27.960]  From Defense Distributed.
[01:45:27.960 --> 01:45:30.960]  Third place, the AR-308 80% lower.
[01:45:30.960 --> 01:45:33.960]  Fourth place, the AR-15 80% lower.
[01:45:33.960 --> 01:45:34.960]  From Fatsal's Deli.
[01:45:34.960 --> 01:45:36.960]  Fifth place, $100 gift card.
[01:45:36.960 --> 01:45:37.960]  Fatsal's Deli.
[01:45:37.960 --> 01:45:40.960]  Every $25 donation is a chance to win.
[01:45:40.960 --> 01:45:42.960]  That's logosradionetwork.com.
[01:45:42.960 --> 01:45:47.960]  Also, if you purchase Randy Kelton's e-book, Legal101, you get four chances to win.
[01:45:47.960 --> 01:45:51.960]  Purchase Eddie Craig's traffic seminar and get ten chances to win.
[01:45:51.960 --> 01:45:54.960]  And remember, every $25 donation is a chance to win.
[01:45:54.960 --> 01:46:23.960]  Go to logosradionetwork.com for details and donate today.
[01:46:23.960 --> 01:46:25.960]  Okay, we are back.
[01:46:25.960 --> 01:46:27.960]  Randy Kelton with our radio.
[01:46:27.960 --> 01:46:30.960]  We're talking to Manuel in California.
[01:46:30.960 --> 01:46:34.960]  Okay, Manuel, I'm glad you sued him.
[01:46:34.960 --> 01:46:37.960]  We don't get enough people standing up to him.
[01:46:37.960 --> 01:46:47.960]  But there is a relatively large learning curve right on the front end.
[01:46:47.960 --> 01:46:49.960]  Yeah, that's okay right now.
[01:46:49.960 --> 01:46:52.960]  Yeah, and that's okay.
[01:46:52.960 --> 01:46:54.960]  This is a great way to learn.
[01:46:54.960 --> 01:46:57.960]  This is the cheapest way to learn.
[01:46:57.960 --> 01:47:04.960]  And I can tell you from experience, it is so worth it.
[01:47:04.960 --> 01:47:17.960]  The last time I got a ticket, this sheriff's deputy, he was sent to stop me because I was working over the local municipality.
[01:47:17.960 --> 01:47:19.960]  And they sent a sheriff's deputy out to stop me.
[01:47:19.960 --> 01:47:22.960]  He pulled me over.
[01:47:22.960 --> 01:47:30.960]  And he noticed a problem with my vehicle and he came up and he asked me for license and registration and I gave it to him.
[01:47:30.960 --> 01:47:34.960]  And our license and proof of insurance and I gave it to him.
[01:47:34.960 --> 01:47:36.960]  And he said, Mr. Kelton, know why I stopped you.
[01:47:36.960 --> 01:47:39.960]  I said, no, but I'm sure you're going to tell me.
[01:47:39.960 --> 01:47:44.960]  Well, Mr. Kelton, your registration has expired.
[01:47:44.960 --> 01:47:49.960]  I said, only two years, what's the problem?
[01:47:49.960 --> 01:47:57.960]  So he went back to write a ticket and I dial 911.
[01:47:57.960 --> 01:48:06.960]  Get me someone down here to arrest this man for first degree felony aggravated assault.
[01:48:06.960 --> 01:48:10.960]  Come right out of the code.
[01:48:10.960 --> 01:48:18.960]  When those lights come on behind me, I no longer get that little funny feeling in the pit of my stomach.
[01:48:18.960 --> 01:48:23.960]  And I don't feel dread or concern.
[01:48:23.960 --> 01:48:31.960]  I look up in the review mirror and I think, Bubba, I'm fixing to give you a want through the legal system.
[01:48:31.960 --> 01:48:34.960]  You are not going to believe.
[01:48:34.960 --> 01:48:37.960]  And that comes from fighting these things.
[01:48:37.960 --> 01:48:44.960]  But you don't have to spend near as much time as I did.
[01:48:44.960 --> 01:48:52.960]  Because one of my purposes here is to bring what I know to you.
[01:48:52.960 --> 01:48:58.960]  This shows all about remedy and how to secure remedy.
[01:48:58.960 --> 01:49:00.960]  It's secondarily about law.
[01:49:00.960 --> 01:49:04.960]  It's about law because you need law to secure the remedy.
[01:49:04.960 --> 01:49:09.960]  But everything I do is about finding remedy.
[01:49:09.960 --> 01:49:17.960]  And the fact that you have filed means that you're pretty serious.
[01:49:17.960 --> 01:49:21.960]  So now I'm going to give you a set of things to do.
[01:49:21.960 --> 01:49:27.960]  And in any case you get into, you should do these things first.
[01:49:27.960 --> 01:49:36.960]  Any time you get a ticket or any time you have a negative encounter with the public officials,
[01:49:36.960 --> 01:49:41.960]  first thing you do is sit down and write a statement.
[01:49:41.960 --> 01:49:48.960]  I was once drug out of the county courthouse in Tarrant County by two deputies,
[01:49:48.960 --> 01:49:54.960]  picked me up, threw me down, smashed my face into the concrete.
[01:49:54.960 --> 01:49:57.960]  Third time I called 911 on him.
[01:49:57.960 --> 01:50:05.960]  And I was sitting on a bench writing on a legal pad and this lieutenant come up
[01:50:05.960 --> 01:50:10.960]  and asked if he could help me.
[01:50:10.960 --> 01:50:13.960]  And I looked up at him and said,
[01:50:13.960 --> 01:50:16.960]  I've had about all the help from you folks today.
[01:50:16.960 --> 01:50:20.960]  I can stand. You're dismissed. You can go.
[01:50:20.960 --> 01:50:24.960]  But I was sitting there writing out a complaint.
[01:50:24.960 --> 01:50:28.960]  That complaint came in so handy.
[01:50:28.960 --> 01:50:31.960]  I'm sorry, writing a statement.
[01:50:31.960 --> 01:50:37.960]  You would not believe how handy that statement came in later.
[01:50:37.960 --> 01:50:44.960]  Because when I was writing up a lawsuit and documents concerning what happened,
[01:50:44.960 --> 01:50:46.960]  I'd go back to that statement.
[01:50:46.960 --> 01:50:50.960]  It was fresh. It was immediate.
[01:50:50.960 --> 01:50:52.960]  And then I could use that statement.
[01:50:52.960 --> 01:50:55.960]  I could put that in the record and say,
[01:50:55.960 --> 01:51:02.960]  I wrote this up immediately after the incident and that's as good as a tape recording.
[01:51:02.960 --> 01:51:05.960]  But for you, it's even more important.
[01:51:05.960 --> 01:51:12.960]  In that statement, all you really want to write out is exactly what happened as close as you can write it.
[01:51:12.960 --> 01:51:17.960]  No explanation and no argumentation.
[01:51:17.960 --> 01:51:21.960]  Just this happened, this happened, this happened, this happened.
[01:51:21.960 --> 01:51:27.960]  It has to do with the way the mind handles memory.
[01:51:27.960 --> 01:51:34.960]  We don't go into our memory and read something and then tell it to somebody else.
[01:51:34.960 --> 01:51:37.960]  What we do is we go take it out of memory.
[01:51:37.960 --> 01:51:40.960]  Tell it to somebody else and then put it back.
[01:51:40.960 --> 01:51:46.960]  The problem is it gets distorted by the telling.
[01:51:46.960 --> 01:51:52.960]  Facts that are not important to this particular telling don't get included and when you put it back,
[01:51:52.960 --> 01:51:57.960]  they don't get included so you start losing bits and pieces.
[01:51:57.960 --> 01:52:00.960]  First thing, get your timeline.
[01:52:00.960 --> 01:52:07.960]  Timeline is merely for a reference or index, for time reference.
[01:52:07.960 --> 01:52:15.960]  Once you have a timeline down, then you go back and do a statement of facts because you'll look at your timeline
[01:52:15.960 --> 01:52:27.960]  and say, okay, they did this, they did this, they did this and then you will tend to jump from one emotional high point to the next.
[01:52:27.960 --> 01:52:31.960]  So what that causes you to do is jump over time.
[01:52:31.960 --> 01:52:35.960]  Timeline will keep you from doing that.
[01:52:35.960 --> 01:52:44.960]  Because when you look at something in retrospect or from the perspective of some legal research,
[01:52:44.960 --> 01:52:51.960]  things will become important that at the time that it occurred, you didn't consider to be important.
[01:52:51.960 --> 01:53:00.960]  But when you have that timeline in place, it will allow you to go in the empty spaces and start filling them up.
[01:53:00.960 --> 01:53:04.960]  This keeps you from missing important details.
[01:53:04.960 --> 01:53:14.960]  Once you have a good statement of facts down, there is an art form to a statement of facts.
[01:53:14.960 --> 01:53:24.960]  Initially, you put down every fact you can think of and then you write an argument in support.
[01:53:24.960 --> 01:53:31.960]  And to write an argument in support, you figure out a story you want to tell.
[01:53:31.960 --> 01:53:37.960]  What went wrong and what remedy do I have?
[01:53:37.960 --> 01:53:40.960]  Okay, now you got that.
[01:53:40.960 --> 01:53:54.960]  Go back to the statement of facts and look at the statement of facts and make sure you have facts that support each element that you need to get you to your remedy.
[01:53:54.960 --> 01:54:08.960]  And then look at the facts, look at the ones that, while they may be interesting and all that, they really don't, they're not material to your intended outcome.
[01:54:08.960 --> 01:54:18.960]  So you want to readjust the facts so that a reasonable person of ordinary prudence in reading these facts,
[01:54:18.960 --> 01:54:25.960]  they're going to try to stitch these facts together in a way that makes sense to them.
[01:54:25.960 --> 01:54:40.960]  You want to go back and rewrite your statement of facts so that a person reading it will tend to stitch it together and come to the conclusions you want them to come to.
[01:54:40.960 --> 01:54:58.960]  So the reader will read your statement of facts and then read your argument in support and you will be making judgments and determinations the same way they did when they read your statement of facts.
[01:54:58.960 --> 01:55:11.960]  And then they'll be demonstrating conclusions from the fact and they'll read that and they'll say, hmm, that's what I thought. And then they're going to think you're really smart.
[01:55:11.960 --> 01:55:13.960]  Okay.
[01:55:13.960 --> 01:55:15.960]  You have to work on that.
[01:55:15.960 --> 01:55:24.960]  Yeah, this is a process. And then the last thing we do is wipe the causes of action.
[01:55:24.960 --> 01:55:36.960]  But, okay, that's basically how to write it. But the first thing you should do, if you're writing this, especially if you're writing a civil suit,
[01:55:36.960 --> 01:55:49.960]  is when you go to trial and you go through the whole trial and both sides rest their case, the judge is going to read a charge to the jury.
[01:55:49.960 --> 01:55:56.960]  He's going to tell the jury, this is what is claimed. This is what you must find.
[01:55:56.960 --> 01:56:01.960]  Now you can go on the Internet and find patterned jury charges.
[01:56:01.960 --> 01:56:06.960]  They have patterned jury charges for almost everything.
[01:56:06.960 --> 01:56:23.960]  The first thing you want to know in writing a suit is what your ultimate claims will be and what the judge will tell the jury it must find.
[01:56:23.960 --> 01:56:32.960]  Then you go, then when you're writing your pleadings, you're writing them toward what the jury must find.
[01:56:32.960 --> 01:56:39.960]  You may have some really interesting stuff and some stuff that sounds really profound.
[01:56:39.960 --> 01:56:45.960]  But if it doesn't go to what the jury must find, take it out. Toss it.
[01:56:45.960 --> 01:56:54.960]  You want to lead the jury to the facts that the judge is going to tell them they must find.
[01:56:54.960 --> 01:57:02.960]  Once that's kind of a basic overall pattern, it is a bit more complex.
[01:57:02.960 --> 01:57:12.960]  But from that perspective, look at the jury charge, look at the end result first, then write your pleadings to get to that end result.
[01:57:12.960 --> 01:57:18.960]  Write a timeline first. You're not going to use a timeline in the end document, but that's your guideline.
[01:57:18.960 --> 01:57:27.960]  If you've been in court for a while, pull a docket sheet. It shows everything that was filed and when and start out your timeline with that.
[01:57:27.960 --> 01:57:36.960]  Then start filling in spaces above and below. You'll be surprised how much detail this tends to trigger in your memory.
[01:57:36.960 --> 01:57:41.960]  Then figure out where you want to go.
[01:57:41.960 --> 01:57:48.960]  Always, I tell people, if you have a case, if you have a place you want to get to, you need to know what it is.
[01:57:48.960 --> 01:57:58.960]  At the end of the day, what for you would be a positive outcome for this specific endeavor?
[01:57:58.960 --> 01:58:05.960]  You don't know what a win is. You're never going to know when you're winning.
[01:58:05.960 --> 01:58:11.960]  If you don't know where you're going, there's a good chance you'll wind up somewhere else.
[01:58:11.960 --> 01:58:15.960]  You should decide where you want to end up first.
[01:58:15.960 --> 01:58:20.960]  Then make up a story that leads you to that place.
[01:58:20.960 --> 01:58:30.960]  Then create a set of facts that would lead a reasonable person of ordinary prudence to come to the conclusions that would lead you to those facts.
[01:58:30.960 --> 01:58:32.960]  Then build an argument in support.
[01:58:32.960 --> 01:58:36.960]  Hang on. About to go to break. Randy Kelton, rule of all radio.
[01:58:36.960 --> 01:59:03.960]  Call it number 512-646-1984. We'll be right back.
[01:59:06.960 --> 01:59:08.960]  Enter the recovery version.
[01:59:08.960 --> 01:59:17.960]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[01:59:17.960 --> 01:59:27.960]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[01:59:27.960 --> 01:59:32.960]  Bibles for America would like to give you a free recovery version simply for the asking.
[01:59:32.960 --> 01:59:46.960]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[01:59:46.960 --> 02:00:02.960]  That's freestudybible.com. You are listening to the Logos Radio Network. LogosRadioNetwork.com.