ROL_2017-10-13_16k_Hr3-4.timecode

[00:00.000 --> 00:07.800]  The following news flash is brought to you by The Low Star Lowdown, providing the jelly
[00:07.800 --> 00:15.480]  bulletins for the commodity market, today's history, news updates, and the inside scoop
[00:15.480 --> 00:23.280]  into the tides of the alternative.
[00:23.280 --> 00:28.560]  Markets for Wednesday, 20 September 2017, closed with gold at $1,383 and 83 cents an
[00:28.560 --> 00:37.720]  ounce, silver $17.17 an ounce, Texas Crude $49.48 a barrel, Bitcoin is about $3,961
[00:37.720 --> 00:46.800]  and Dashcoin sits about $343 U.S. currency.
[00:46.800 --> 00:51.160]  Today in history, the year 2011, the United States military under direction of the Obama
[00:51.160 --> 00:55.160]  administration and its Don't Ask Don't Tell policy, originally put in the law during the
[00:55.160 --> 00:59.160]  Clinton administration, repealing Don't Ask Don't Tell has allowed gay and lesbian men
[00:59.160 --> 01:06.680]  and women to serve openly in the military for the first time.
[01:06.680 --> 01:10.760]  In recent news, at least 225 people have been confirmed dead as a result of yesterday's
[01:10.760 --> 01:17.440]  7.1 earthquake which struck 34 miles southwest of the city of Puebla in Mexico, 32 years
[01:17.440 --> 01:21.920]  to the day after the city's infamous quake that struck in 1985, which killed as many
[01:21.920 --> 01:23.680]  as 10,000 people.
[01:23.680 --> 01:28.080]  The most recent quake less than two weeks after the magnitude 8.1 earthquake on the
[01:28.080 --> 01:32.800]  7th of this month, the epicenter of which was about 60 miles off the coast of Chiapas.
[01:32.800 --> 01:36.640]  Civil protection officials at the scene of at least 44 different locations where collapsed
[01:36.640 --> 01:40.360]  or partially collapsed buildings are in the city are reporting at least 50 people being
[01:40.360 --> 01:44.720]  rescued out of them who were still alive along with many dead bodies as well.
[01:44.720 --> 01:48.240]  Many more people are thought to be trapped within the wreckage of these damaged buildings.
[01:48.240 --> 01:52.360]  Mexican officials are stating that at least 39 buildings have been entirely destroyed.
[01:52.360 --> 02:02.240]  Each fearing aftershocks have prepared to sleep on the streets in Mexico City.
[02:02.240 --> 02:06.520]  A 6.1 magnitude earthquake has just hit off the eastern coast of Japan about 200 miles
[02:06.520 --> 02:10.160]  from the Fukushima power plant that has been in critical condition since it was struck
[02:10.160 --> 02:12.880]  by a tsunami in March of 2011.
[02:12.880 --> 02:16.440]  The quake was about 10 kilometers into the Earth's crust and there has been no reports
[02:16.440 --> 02:20.320]  of damages as of yet and a tsunami warning has not been issued.
[02:20.320 --> 02:24.440]  This is the third large quake to strike in the last 24 hours after the disastrous one
[02:24.440 --> 02:28.440]  in Mexico and a smaller one in New Zealand.
[02:28.440 --> 02:36.000]  Astronomers have informed the public that in just this past week, three never-before-discovered
[02:36.000 --> 02:39.880]  asteroids were spotted after they flew by Earth, rather close.
[02:39.880 --> 02:45.040]  Of the three, the largest, Asteroid 2017 SQ2, was spotted in hindsight on Monday nearly
[02:45.040 --> 02:50.840]  four days after the warehouse-sized chunk of space rock skimmed by 125,000 miles above
[02:50.840 --> 02:51.840]  Earth.
[02:51.840 --> 03:20.840]  This is work roadie with your lowdown for September 20th, 2017.
[03:20.840 --> 03:21.840]  Okay.
[03:21.840 --> 03:22.840]  We are back.
[03:22.840 --> 03:27.360]  Brandy Kelton on the rule of law radio and we're talking to Manuel in California.
[03:27.360 --> 03:28.360]  Manuel?
[03:28.360 --> 03:29.360]  Yes.
[03:29.360 --> 03:30.360]  Kind of.
[03:30.360 --> 03:31.360]  Okay.
[03:31.360 --> 03:35.920]  I'm going to ask you to do something with the documents.
[03:35.920 --> 03:40.920]  Here's something else that will help you tremendously.
[03:40.920 --> 03:51.840]  Take all of those images that you sent me, open a Word document, hit insert picture,
[03:51.840 --> 04:00.920]  then browse to those images, select them all, and drop them in a Word document, and send
[04:00.920 --> 04:07.160]  that Word document to me, unless you can export them as a SPDF.
[04:07.160 --> 04:10.960]  Yeah, I can convert them to PDF.
[04:10.960 --> 04:11.960]  Okay.
[04:11.960 --> 04:19.240]  Then if you scan all the documents in and make sure they're upright and put them in order,
[04:19.240 --> 04:25.560]  then you just go down the line and select out all of the pages of the first document
[04:25.560 --> 04:30.080]  and cut it out of the document that you dropped it in.
[04:30.080 --> 04:42.280]  Put in a new Word document and then save it as an Excel as a PDF file with one caveat.
[04:42.280 --> 04:45.160]  This is how you name it.
[04:45.160 --> 04:46.160]  Name it.
[04:46.160 --> 04:57.520]  Manuel or generally what your last name is, a space, the year in four digits, space, the
[04:57.520 --> 05:08.120]  month in two digits, space, I'm sorry, dash, year, dash, month, dash, day.
[05:08.120 --> 05:11.520]  That's the international date format.
[05:11.520 --> 05:18.960]  And then a space and put whatever the name of the document, whatever it is.
[05:18.960 --> 05:28.040]  When you drop that into a folder, it will organize itself in chronological order.
[05:28.040 --> 05:34.840]  You will not believe the times I've said in court trying to find a document.
[05:34.840 --> 05:36.320]  I got a reference to a document.
[05:36.320 --> 05:38.240]  I can't find it.
[05:38.240 --> 05:40.360]  Once I had a friend of mine who was a psychologist.
[05:40.360 --> 05:44.200]  This is how he ordered his.
[05:44.200 --> 05:45.600]  He sent me his documents.
[05:45.600 --> 05:47.640]  I opened the folder and bang.
[05:47.640 --> 05:51.080]  It means right exactly in order.
[05:51.080 --> 05:56.920]  I can look down that list and tell him immediately if something's missing or something's out
[05:56.920 --> 05:59.120]  of place.
[05:59.120 --> 06:07.360]  It will save you a tremendous amount of time and then send them to me ordered that way.
[06:07.360 --> 06:11.040]  I'll do that.
[06:11.040 --> 06:14.440]  You will like this, this will save you more time than you'll believe.
[06:14.440 --> 06:22.480]  And it also helps with your timeline because you can see how everything fits together and
[06:22.480 --> 06:27.960]  then you can compare that directly to your timeline and you keep the overall process
[06:27.960 --> 06:31.080]  of the case clear in your mind.
[06:31.080 --> 06:39.400]  You don't wind up stumbling over a fact because you're not sure exactly when it occurred.
[06:39.400 --> 06:45.840]  You know it occurred but you told the story so many times you didn't have exactly when
[06:45.840 --> 06:50.680]  and in relationship what relationships to other things that occurred and memory tends
[06:50.680 --> 06:51.680]  to lose that.
[06:51.680 --> 07:01.080]  But if we use a timeline like this when we go to pull that document out we have to go
[07:01.080 --> 07:07.040]  down the timeline to where it's at and it gives us a visual reference to how it lands
[07:07.040 --> 07:11.840]  in the overall scheme of things.
[07:11.840 --> 07:17.320]  Most of the other guys don't do that and you can really trip them up on how facts fit
[07:17.320 --> 07:24.280]  together and if you're saving them that way you're not going to get tripped up like that.
[07:24.280 --> 07:31.120]  So we will be glad to help you take on these guys and don't worry if you screw stuff up.
[07:31.120 --> 07:41.360]  Well a good thing about law is you've got all sorts of remedy and almost anything can
[07:41.360 --> 07:44.960]  be recovered from.
[07:44.960 --> 07:46.880]  So if you make mistakes that's okay.
[07:46.880 --> 07:47.880]  This is how we learn.
[07:47.880 --> 07:51.360]  How do you think I learned all this?
[07:51.360 --> 07:55.840]  You don't think I got it right the first time do you?
[07:55.840 --> 08:01.760]  Or the second or the third or the 45th?
[08:01.760 --> 08:07.480]  It took a little while but after one or two shots at them you see those things that are
[08:07.480 --> 08:14.400]  very consistent and that keep coming up all the time and it gets a lot easier.
[08:14.400 --> 08:20.640]  And once you've done this two or three times you won't be afraid of these guys anymore.
[08:20.640 --> 08:25.840]  If you guys want to fight I'll give you a good one you won't believe and they'll get
[08:25.840 --> 08:27.440]  towards it and they won't want to mess with you.
[08:27.440 --> 08:33.400]  If you're in California what will happen is it's when the policeman calls up your name
[08:33.400 --> 08:38.000]  the computer is going to pop up your name and it's going to have a red line across it that
[08:38.000 --> 08:44.040]  says do not detain.
[08:44.040 --> 08:49.480]  We've got a few guys with that on theirs.
[08:49.480 --> 08:53.360]  Mine used to have it in the county I live in but it's been so long since anybody missed
[08:53.360 --> 08:56.600]  with it I think they forgot about it.
[08:56.600 --> 09:02.520]  This guy made the mistake of arresting me or giving me a ticket he didn't arrest me.
[09:02.520 --> 09:09.600]  First thing I did was file criminal charges with the J.P. on him and a professional conduct
[09:09.600 --> 09:10.600]  complaint.
[09:10.600 --> 09:15.200]  First degree felony aggravated assault against him because he stopped me and he didn't have
[09:15.200 --> 09:24.600]  authority and he was wearing a pistol right there in the code all kind of stuff I find.
[09:24.600 --> 09:32.600]  I've got a website trafficticket.website you might want to go there and look at him.
[09:32.600 --> 09:38.920]  You fill in the ticket information and I'll drop you down if you're not in Texas I think
[09:38.920 --> 09:48.600]  it's about 80 or 90 pages all the basic stuff that should be filed in any case.
[09:48.600 --> 09:56.840]  And this is a good education you read through those documents have Brady motion motion and
[09:56.840 --> 09:57.840]  lemony.
[09:57.840 --> 10:03.640]  Do you know what either one of those are yeah I've had a experience with the motion and
[10:03.640 --> 10:10.240]  lemony in court yeah oh good you know what emotion limit is all the questions they can't
[10:10.240 --> 10:17.760]  ask Brady motion that's a discovery motion in a criminal case a subject matter jurisdiction
[10:17.760 --> 10:29.480]  challenge a special appearance a objection to oral argument a petition for financial
[10:29.480 --> 10:36.760]  disclosure by the judge that one's just in there for fun that'll make the judge crazy
[10:36.760 --> 10:42.360]  so I got a lot of stuff you know every what I'm doing is building an electronic lawyer
[10:42.360 --> 10:48.400]  here and every time we come across something to do we write up documents to address what
[10:48.400 --> 10:54.960]  they do and then I put it in my system and when that comes up we just the system pulls
[10:54.960 --> 11:03.960]  the document fills it out drops it in the mix then once you start going through the
[11:03.960 --> 11:10.480]  system with them we show you everything they do wrong and how you can go after them when
[11:10.480 --> 11:18.840]  they do do it wrong and it demonstrates that you have a lot of remedy out there it's just
[11:18.840 --> 11:23.680]  those in the system are going to try to hide it from you the more you know the more they
[11:23.680 --> 11:28.960]  don't want anything to do with you okay we do need to move on I've got other other callers
[11:28.960 --> 11:37.000]  but look at what I've talked about go back and look at your documents and then call us
[11:37.000 --> 11:42.840]  next week and let's talk again once you've had a time to go over this you might go on
[11:42.840 --> 11:49.840]  to rule our radio or logos radio network calm and pull some of our archives and go through
[11:49.840 --> 11:59.040]  them I tend to go over these same basic issues repeat the basics are always the most important
[11:59.040 --> 12:03.960]  and once you get the basis basic stuck together then I'm going to hope you're going to be
[12:03.960 --> 12:10.600]  calling me with some really sophisticated questions the questions I like the most are
[12:10.600 --> 12:18.760]  the ones I can't answer it sends me back to the books and I get better okay thank you
[12:18.760 --> 12:27.120]  Andrew thank you now okay now I'm going to go to Troy in Colorado hello Troy hello Randy
[12:27.120 --> 12:35.720]  how are you today I am good I don't care what everybody says what what do you have for us
[12:35.720 --> 12:41.680]  today well it's been a while since I've called in Randy even before we were talking about
[12:41.680 --> 12:47.600]  my property and it's again about my property except this time it's with a nosy neighbor
[12:47.600 --> 12:58.200]  they're trying to coach on about a space of land approximately ten feet by about a hundred
[12:58.200 --> 13:07.080]  and fifty feet and so this sounds like an adverse possession issue that's what they're
[13:07.080 --> 13:13.400]  trying to do yes and my concern is that I didn't pay the taxes on this property for
[13:13.400 --> 13:20.480]  the last 13 years and the insurance on it and it's called the title of both of our properties
[13:20.480 --> 13:28.120]  do you have any suggestions for me sure follow petition for adverse possession look up the
[13:28.120 --> 13:37.040]  adverse possession laws in Colorado if there's a problem with the property line does does
[13:37.040 --> 13:47.200]  your okay has anybody had possession of this property well my neighbors have taken upon
[13:47.200 --> 13:53.800]  themselves to plant you know raspberries and tomatoes and stuff like that and then they
[13:53.800 --> 13:59.000]  build a retaining wall along the side of it that is failing and now it's starting to cause
[13:59.000 --> 14:09.080]  structural damage to my home also okay here's the deal with the adverse possession if the
[14:09.080 --> 14:17.800]  land belongs to you if it's on your deed and someone else has taken possession of it they
[14:17.800 --> 14:25.200]  hold it in adverse possession that's not criminal trespass it's adverse possession
[14:25.200 --> 14:32.880]  squatters if a squatter squats on your property for seven years without permission then he
[14:32.880 --> 14:40.600]  can take ownership of it I believe Colorado Statue is 18 years from my understanding us
[14:40.600 --> 14:48.840]  oh okay so this sounds like a adverse possession if the property is your property and they're
[14:48.840 --> 14:56.560]  using it without your permission there are a couple of ways to go about it one you can
[14:56.560 --> 15:06.960]  give them permission to use the property now they can never claim it under adverse possession
[15:06.960 --> 15:12.760]  or you can order them off the property and if they don't go then you can charge them
[15:12.760 --> 15:20.080]  a criminal trespass if I give them permission to use that land they cannot do adverse possession
[15:20.080 --> 15:26.880]  is that what you're saying exactly okay because when I moved in here this this part of a parcel
[15:26.880 --> 15:34.640]  of land that I'm talking about is a parcel that I was not going to use it just so happened
[15:34.640 --> 15:45.080]  to be that the fence was put in such a particular way that it's kind of tough to define okay
[15:45.080 --> 15:54.400]  were you going to have meats and bounds yes so have you had a surveyor go out and survey
[15:54.400 --> 16:02.080]  the property and mark the lines well that's my next step to do but they're very expensive
[16:02.080 --> 16:10.680]  here they want $1,800 just to well when you purchased there should have been a survey
[16:10.680 --> 16:14.560]  well that's what I would have thought and also by the land company the title companies
[16:14.560 --> 16:19.960]  should have requested that and they didn't there is no there wasn't a survey done the
[16:19.960 --> 16:27.920]  only thing that I have is the original plot of the land is that original plot filed with
[16:27.920 --> 16:36.440]  the county tax assessor collector yes sir it is and that should be enough if the other
[16:36.440 --> 16:45.160]  side doesn't agree with what the plot says let them pay for the survey well that's just
[16:45.160 --> 16:50.280]  the point I hear the music here so I'll hold for you okay okay hang on we'll pick this
[16:50.280 --> 17:00.640]  up on the other side this is Randy Kelton route of our radio we'll be right back saying
[17:00.640 --> 17:07.240]  cookie cookie me love cookies oh hi cookie munchers no these are yucky cookies cookies
[17:07.240 --> 17:13.080]  yucky no no bad cookies you can't even eat these cookies these are cyber cookies no can't
[17:13.080 --> 17:18.360]  eat no they are cyber cookies and they clog up your computer these have apples really
[17:18.360 --> 17:26.120]  oh that's an actual apple yummy apple I'm going to throw away these yucky cookies in
[17:26.120 --> 17:32.840]  the trash I click control shift delete and then scroll down to cookies and clear them
[17:32.840 --> 17:39.240]  bye bye yucky cookies now I go to logos radio network dot com and I click on the amazon box
[17:39.240 --> 17:44.800]  on the upper right hand side bookmark the link and I can go to amazon through this link and
[17:44.800 --> 17:50.760]  order you some yummy new cookie no cookies for me consider it an early christmas present
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[17:55.760 --> 18:01.960]  radio network too he is for cookie he is for classified are you being harassed by debt
[18:01.960 --> 18:07.280]  collectors with phone calls letters or even lawsuits stop debt collectors now with the
[18:07.280 --> 18:12.240]  michael mirris proven method michael mirris has won six cases in federal court against
[18:12.240 --> 18:17.520]  debt collectors and now you can win too you'll get step by step instructions in plain english
[18:17.520 --> 18:22.360]  on how to win in court using federal civil rights statutes what to do when contacted
[18:22.360 --> 18:27.880]  by phones mail or court summons how to answer letters and phone calls how to get debt collectors
[18:27.880 --> 18:32.560]  out of your credit reports how to turn the financial tables on them and make them pay
[18:32.560 --> 18:38.800]  you to go away the michael mirris proven method is the solution for how to stop debt collectors
[18:38.800 --> 18:43.280]  personal consultation is available as well for more information please visit rule of
[18:43.280 --> 18:48.880]  law radio dot com and click on the blue michael mirris banner or email michael mirris at yahoo
[18:48.880 --> 18:57.840]  dot com that's ruleoflawradio dot com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo dot com to learn
[18:57.840 --> 19:27.520]  how to stop debt collectors next okay we are back
[19:27.520 --> 19:34.880]  randy kelton rule of law radio and we're talking to troy in colorado on a adverse possession
[19:34.880 --> 19:44.880]  issue so do you want to get along with these neighbors well to be honest with you randy
[19:44.880 --> 19:50.640]  i've been putting up with years and years of harassment from actually the woman uh
[19:50.640 --> 19:56.120]  every she's gotten into the point where my wife doesn't want to even go out to the mailbox
[19:56.120 --> 20:05.240]  because she's afraid she's gonna have a confrontation with her send her a criminal trespass notice
[20:06.920 --> 20:11.960]  well we're thinking of a harassment also and i have warned him to stay off my property but
[20:13.800 --> 20:17.000]  doesn't seem to help have you done it in writing
[20:17.000 --> 20:28.200]  uh no i didn't verbally then make up a letter a criminal trespass warning or a trespass
[20:28.760 --> 20:37.720]  warning order them to keep off your property send it to them a certified return receipt
[20:37.720 --> 20:47.640]  okay and these other guys will look at it and say hmm why did he send that certified
[20:49.160 --> 20:55.080]  i think he's getting ready to do something unsavory that i'm not going to like
[20:56.600 --> 21:03.400]  that's exactly my plan yeah don't it's never a good idea to give fair warning
[21:03.400 --> 21:12.520]  people always take fair warning as a threat but give me about is that they may take it
[21:12.520 --> 21:18.680]  as a threat as a legal action which i'm not quite seems to be like a great area if it's
[21:19.480 --> 21:23.960]  can be on me and they're gonna they're gonna look at this and they're gonna scratch their
[21:23.960 --> 21:31.800]  head and say why did he do that this way what is he planning for me and they will always imagine
[21:31.800 --> 21:35.160]  something much worse than what you actually got in mind
[21:42.520 --> 21:47.880]  they might just decide maybe we won't don't want to bother this guy because we don't want to wind
[21:47.880 --> 21:56.360]  up with him suing the pants off of us but if they are using your property and you've given them a
[21:56.360 --> 22:06.120]  criminal trespass warning then one thing they can never take the property by adverse possession
[22:10.440 --> 22:16.200]  because now they're no longer in adverse possession now they're in trespass
[22:17.480 --> 22:19.320]  and that changes the legal dynamics
[22:19.320 --> 22:28.600]  so to be in writing it has to be in writing and you have to prove they got it that's why return
[22:28.600 --> 22:38.040]  receipt okay but it also will get their attention to let them know that you're not just huffing
[22:38.040 --> 22:44.200]  and puffing you're fixing to come at them and if they're using your property you said something
[22:44.200 --> 22:55.480]  about a wall that was falling down is that on your property uh yes it's in an easement that
[22:56.440 --> 23:03.480]  the the homeowner next door told me that he he was bragging about how proud of him he was that
[23:03.480 --> 23:09.880]  he put it up and uh this this guy can't even turn the screwdriver level and put a fence up and he
[23:09.880 --> 23:15.000]  it it's it's failed like three times i've had to go on fix it because they refuse to fix it
[23:15.720 --> 23:23.880]  okay easement it's my yes what what's the nature of the easement well they were supposed to have
[23:23.880 --> 23:29.720]  15 feet between the homes and um i've got about two feet between my home and they broke the easement
[23:29.720 --> 23:35.880]  code so that they could put a shed on attached shed on the side of their home
[23:35.880 --> 23:37.880]  home
[23:39.160 --> 23:42.520]  what and they did this without a permit also oh
[23:44.120 --> 23:49.400]  then they're gonna have a problem uh you could have a title problem a serious title problem if
[23:49.400 --> 23:56.760]  you don't have enough i think you may be using the term easement incorrectly okay that's what
[23:56.760 --> 24:03.800]  i'm talking about as a title poem yeah easement means that someone else has the right to use your
[24:03.800 --> 24:14.280]  property for a specified purpose like access you can't have land have locked property where there's
[24:14.280 --> 24:21.400]  no way to get to it there has to be an easement a roadway is always an easement generally both
[24:21.400 --> 24:27.640]  parties will own up to the middle of the roadway but from a certain distance to each side is an
[24:27.640 --> 24:35.080]  easement so people can travel but building structures on a property that has an easement
[24:35.080 --> 24:43.880]  tends to go against the purpose of the easement yes so if they've built a permanent structure
[24:44.920 --> 24:50.760]  and in an easement that needs to be got out of there because that's there an adverse possession
[24:50.760 --> 24:59.080]  and it stays there too long then you can't move it
[25:00.840 --> 25:05.480]  and they can take your property and if they take your property and they leave you without enough
[25:05.480 --> 25:13.960]  room around your property you can't sell it well what about when i did buy the property this was
[25:13.960 --> 25:24.120]  all done uh under the i would for lack of better words under the assumption that i bought this
[25:24.120 --> 25:32.600]  plot of land that the county had designed and laid out 13 years ago and the fence was there
[25:32.600 --> 25:36.920]  when i bought the home and it looked like it'd been there for maybe a year maybe two tops
[25:36.920 --> 25:47.560]  it doesn't matter matters where the plot line is okay the only time a fence matters
[25:48.120 --> 25:55.080]  is if it is if it's been there long enough to give someone a claim of adverse possession
[25:55.080 --> 26:06.760]  okay has a fence been rebuilt um it's been repaired it has not been rebuilt
[26:08.520 --> 26:13.400]  is it on your property yes it is go pull it down
[26:17.720 --> 26:22.040]  you know i'd like to do that but i'm afraid my large dog might eat their small dogs
[26:22.040 --> 26:29.400]  oh okay that could be an issue now i think i remember who you are about the large dogs and
[26:29.400 --> 26:33.800]  the small dogs you might want to rebuild the fence on the property line man
[26:35.400 --> 26:40.280]  that that was that's what i was thinking just keep my dogs separated and then tear that fence
[26:40.280 --> 26:44.280]  line down but the other part about that is i'm afraid if i tear that fence line down they're
[26:44.280 --> 26:51.320]  going to think that they got more of my property well if you go in and build a fence on the property
[26:51.320 --> 26:56.360]  line it can be a foot high all it needs to do is mark the property line
[26:58.760 --> 27:05.880]  they're going to do almost certainly is come out and huff and puff and accuse you of putting
[27:05.880 --> 27:12.840]  the fence on their property now they're already now now you get to ask them to prove it
[27:12.840 --> 27:22.760]  you get to force them to prove it and then they'll have to come up with a survey not you
[27:26.680 --> 27:29.080]  oh fantastic that's fantastic
[27:33.080 --> 27:38.920]  so you know what they'll do is probably call the police and you tell the police well
[27:38.920 --> 27:43.000]  they've got the fence in the wrong place and i've reestablished it on the property line
[27:43.000 --> 27:48.680]  so this is not criminal this is a civil issue it's a land use issue and they just need to
[27:48.680 --> 27:53.720]  false let them go down the jp and file suit and prove where the property line lies and i'll move
[27:53.720 --> 28:00.760]  my fence to the property line but i can't leave this in the wrong place or they'll take my property
[28:00.760 --> 28:08.200]  by adverse possession and cloud and i only make it impossible for me to sell my home that's the
[28:08.200 --> 28:16.040]  big deal if they do get adverse possession of this property that's all possible i don't know the exact
[28:16.040 --> 28:23.240]  dates of all this yet and that's the thing that i'm working on right now um isn't my title company
[28:23.240 --> 28:33.800]  responsible declaring this title up yes okay that's what title insurance was for yeah i called
[28:33.800 --> 28:40.120]  them up and they have no record of transaction at all but they they did do it but of course they
[28:40.120 --> 28:49.800]  only keep the records for seven they told me seven years are you kidding me i have never ever heard
[28:49.800 --> 29:01.400]  of a database manager that will purge anything now they may not have it in active files but they
[29:01.400 --> 29:08.600]  don't erase it if they did too bad if you've got title insurance from this company they don't have
[29:08.600 --> 29:15.080]  records you can say anything you want to get them to put they've got the records give them they just
[29:15.080 --> 29:25.160]  don't want to show them to you but if you got title insurance then go for it force force the other
[29:25.160 --> 29:31.800]  side to raise an issue and then they'll have to buy the survey and you'll get the property in the
[29:31.800 --> 29:40.040]  line marked out man rad you sure make all this sound real easy it's not quite that easy they'll
[29:40.040 --> 29:45.960]  probably claim that you owe them for the survey but if you're sure where the property line is then
[29:47.080 --> 29:51.320]  for most part it is pretty easy you just got to be willing to step out there and do it hang on
[29:51.320 --> 29:59.160]  about to go to break randy kelton we'll already owe we'll be right back
[30:02.360 --> 30:08.120]  arf arf the relationship between man and his trusty companion the dog goes back for thousands of
[30:08.120 --> 30:13.480]  years but new evidence suggests we had domesticated a different friend even earlier i've got
[30:13.480 --> 30:19.800]  your captain albright and i'll be back to tell you who it was privacy is under attack when you give
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[30:51.240 --> 30:57.320]  they may have kept pet foxes although foxes are timid and skittish by nature evidence suggests they
[30:57.320 --> 31:02.840]  can be tamed with a lot of love and patience though it's not an easy task archaeologists working at a
[31:02.840 --> 31:08.440]  16 000 year old gravesite in northern jordan recently found a fox carefully buried with his
[31:08.440 --> 31:13.720]  human owner they believe the ancient pet lover had tamed the fox and made it a friend and that he
[31:13.720 --> 31:19.560]  did it long before dogs came on the scene in fact the fox grave was four thousand years older than
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[33:02.760 --> 33:26.920]  speech radio logos radio network dot com okay we are back randy kelton move our radio and we're
[33:26.920 --> 33:33.640]  talking to trolling colorado and i don't mean to make this sound so easy because you're dealing
[33:33.640 --> 33:38.520]  with a neighbor that you gotta live next door to and it's not always necessarily so easy
[33:40.600 --> 33:47.160]  but if you file the send the tort letter first telling him you know giving him a trespass warning
[33:47.160 --> 33:59.160]  then if you go mark out the line based on what the plot said where the plot says it should be
[34:00.840 --> 34:06.280]  and he raises an objection to it you already have a trespass warning against him so when
[34:06.280 --> 34:12.440]  he calls the police and wants to give you a hard time they say hey man i'm the one that's got the
[34:12.440 --> 34:20.520]  trespass warning so you put the onus back on him and then he's going to have to come to the court
[34:21.640 --> 34:28.200]  and try to get an order to move you off that property and if you can't prove where the line is
[34:29.400 --> 34:30.600]  you should be in good shape
[34:33.960 --> 34:37.960]  does it sound good it's going to get these get the survey done on that property
[34:37.960 --> 34:44.280]  yeah make the other guy do the survey that's that's what i'm trying to do that's what i i'm trying
[34:44.280 --> 34:48.840]  to accomplish here with this and i what i meant by you the way you make this easy randy is there's
[34:48.840 --> 34:54.520]  so many different ways to go down this but you make the path clear and easy to understand i
[34:54.520 --> 35:02.120]  didn't i didn't mean that it was an easy task to achieve okay well that that is good to hear
[35:02.120 --> 35:11.480]  because i struggle with that but i spend a lot of time trying to sort out all the trash
[35:12.680 --> 35:18.920]  from what's of value and i've been through adverse possession issues before so i've
[35:18.920 --> 35:25.160]  studied them and property issues of this nature and i do understand how complicated they can get
[35:25.960 --> 35:29.880]  but more than that i understand the problems that you're up against
[35:29.880 --> 35:35.560]  and they could ruin your property without value
[35:38.760 --> 35:40.840]  if they take your easement
[35:43.080 --> 35:49.000]  yeah um i need to check with my county i don't believe that the county would let them do that
[35:49.000 --> 35:54.520]  they've already been uh they've already had the county looking at them for several violations they
[35:54.520 --> 36:00.520]  they they build things and they put things in and they do it all without permits and
[36:02.520 --> 36:08.840]  they they just harass all the neighbors and telling them what a piece of crap their homes are and
[36:09.480 --> 36:15.080]  how they wish everybody would just move and it just goes on and on and on ready they've
[36:15.080 --> 36:21.400]  been doing this since i've moved in here and i i've just politely put up with them when i've
[36:21.400 --> 36:26.440]  had enough i'd go inside my house and you know leave them alone trying to get along with them
[36:26.440 --> 36:33.560]  as desperately as i could possibly get along with them and uh at this point now i'm tired of them
[36:35.320 --> 36:41.480]  calling me slanderous names and um they'd be screaming at me at the top of their lungs in
[36:41.480 --> 36:49.480]  the middle of our cul-de-sac and uh have you recorded them no i'm i'm waiting i've just asked
[36:49.480 --> 36:54.520]  them to quit bothering me but i'm waiting for them and i will i am from now on i'm going to
[36:54.520 --> 37:05.240]  record them i did put cameras up at my house to catch everything and this reminds me of a time i
[37:05.240 --> 37:14.440]  had a company towed my car for parking this is back when i was in chicago years ago and
[37:14.440 --> 37:22.760]  and they ripped up the front end of it and they were real smart mouth and nasty when i when i pulled
[37:22.760 --> 37:28.360]  up to the gate they had the gate closed and they told me you got to back up so i backed up about
[37:28.360 --> 37:34.360]  10 feet and they opened the gate i backed up another 10 feet bashed into the guy's brand new
[37:34.360 --> 37:41.240]  Cadillac pulled out in the street and parked across the gate well they called the police
[37:41.240 --> 37:50.120]  police this guard is out there getting ugly with me and just as the police come around the corner
[37:50.120 --> 37:58.440]  i forgot what i said to him but he just lost it and when the police came up this guy's chasing me
[37:58.440 --> 38:10.920]  around the car with a billy club and the police jumped down arrested him oh that was so much fun they
[38:10.920 --> 38:20.280]  eventually let him go but anyway uh my point was you got this neighbor who's a problem
[38:22.120 --> 38:27.000]  and you probably if he does to the rest of the neighbors what he does to you
[38:27.000 --> 38:34.120]  you probably think that trying to get along with him is going to help and it's been my it's been
[38:34.120 --> 38:43.240]  my experience if i have a barky dog trying to get that dog to quit barking at me is not going to
[38:43.240 --> 38:53.000]  help much but if the dog wants peace of me i'm going to give him one i had a friend of mine
[38:53.000 --> 39:01.560]  want me to keep a dog for him that had tried to get my daughter and his german shepherd attacked
[39:01.560 --> 39:10.040]  him got it off my daughter so we weren't friends and he tied it up in his garage and he was going
[39:10.040 --> 39:14.760]  on vacation or something they wanted me to take care of it i said yeah i take care of it i came
[39:14.760 --> 39:20.280]  over there with a bowl of food pushed it up to him he started eating it and i reached to get it and
[39:20.280 --> 39:25.800]  he growled at me and i had put on a set of welding gloves and i hit him in top of the head just as
[39:25.800 --> 39:32.600]  hard as i could and let him get back up i reached for the bowl and he growled again the second time
[39:32.600 --> 39:38.920]  i hit him he went down i reached for the bowl he decided not to growl at me anymore and i would
[39:38.920 --> 39:42.840]  never do that to an animal but i was afraid he's going to kill one of the kids because he got after
[39:42.840 --> 39:48.520]  my my three she got after the female my three-year-old daughter and i thought he's going to get her
[39:48.520 --> 39:54.840]  or i couldn't get to her in time and fortunately this guy's german shepherd you know that's what
[39:54.840 --> 40:03.320]  they do nails this bird dog and stopped him so from my perspective it's either i'm gonna have
[40:03.320 --> 40:09.640]  to shoot you or i'm gonna have to teach you not to do that anymore he became a we she became a
[40:09.640 --> 40:15.880]  really good dog after that sometimes you just got to get their attention it's going to say
[40:15.880 --> 40:21.320]  you understand them fault for that not the animal yeah they they love their animals and
[40:21.320 --> 40:27.880]  they just didn't know how to train them and this dog came up and he just adopted it but bird dogs
[40:27.880 --> 40:34.520]  hunting dogs tend to be mean you know the killers that's what they do and when he started after my
[40:34.520 --> 40:39.960]  daughter uh i was running to get to her but i'm thinking there's no way i'll get there in time
[40:40.680 --> 40:45.560]  and that german shepherd first time i saw him he was about five feet in the air i don't know where
[40:45.560 --> 40:53.320]  he jumped from but he landed on this bird dog and i told the guy next door you got to fix that
[40:54.520 --> 40:58.840]  we can't have that that dog will die out here trying to come after one of my kids because
[40:58.840 --> 41:05.400]  it comes out there while i'm there i'll choke him to death and didn't want i don't like hurting
[41:05.400 --> 41:11.960]  animals but this stopped him i trained him not to do that so you might have to train your neighbors
[41:11.960 --> 41:17.960]  yeah i understand that now as you use an error that's great so this getting back to this letter
[41:17.960 --> 41:23.240]  of intent randy what would i what type of thing should i just give just give them a notice of
[41:23.240 --> 41:30.040]  trespass that you're hereby given notice not the trespass on property belonging to me and that's
[41:30.040 --> 41:39.160]  all it needs to be and the less is in it probably the better because you don't want them to know
[41:39.160 --> 41:46.280]  what you're really planning yes i agree and always record them
[41:49.160 --> 41:53.960]  if they if they want to come all over and huff and puff because you sent them the letter
[41:53.960 --> 42:02.440]  make sure you got them recorded but don't tell them that simple well that's simple enough to do
[42:02.440 --> 42:06.840]  but they already know that i have cameras that record everything was on on my property 25 hours
[42:06.840 --> 42:13.320]  a day but if they got if they got attitude you can probably get them jumping up and down anyway
[42:15.560 --> 42:16.360]  that's enough
[42:19.640 --> 42:23.320]  and you didn't get a little bit against them give them a reason
[42:24.840 --> 42:31.640]  not to mess with you anymore and otherwise they're going to be misery i struggle to get along with
[42:31.640 --> 42:38.840]  my neighbors i've had some that i couldn't get along with but i've struggled at it and the one
[42:38.840 --> 42:43.880]  the one across the street i couldn't get a good along with he'll mess with me
[42:45.400 --> 42:51.960]  been there didn't like it he don't want to go there again that'll work for me
[42:51.960 --> 43:02.920]  me i in my in my my years that i've been around here i i seem to see to see that it's uh more of
[43:02.920 --> 43:10.520]  a a person's perception of things um you know it's for example somebody saying no i don't like
[43:10.520 --> 43:16.040]  your color your house you need to paint your house so you know or um yeah i don't like your car your
[43:16.040 --> 43:22.840]  car's all look at all the dents on it or you know the list can go on and on and on it's everybody
[43:22.840 --> 43:29.000]  has an opinion and a perception of things and um they seem to think that their perception of me
[43:29.720 --> 43:36.600]  is poor um because i happen to have a lot of cars and i work on them all the time and they
[43:36.600 --> 43:49.480]  don't like that so that's i think where that's coming from hmm well it's just people are people
[43:50.680 --> 43:54.360]  and you might want to get you know if they're giving you a hard time you might want to give
[43:54.360 --> 43:59.000]  them reason not to okay i do have a bunch of callers i do need to move along we'll be right back
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[46:11.240 --> 46:24.680]  okay we are back ready kelton rule of law radio and we're talking to troy in colorado and over
[46:24.680 --> 46:34.360]  the break i had kind of a concern if you have a bunch of cars are they all licensed yes sir
[46:34.360 --> 46:40.840]  everyone of license and insured ah good i was going to say man who live in glass house should
[46:40.840 --> 46:49.880]  not throw stones but if they're all clean and clear then uh go go thump your neighbor good
[46:51.400 --> 46:56.120]  i've been given to my neighbor you shouldn't throw rocks at a glad when you live in a glass house
[46:57.080 --> 47:02.520]  yeah then tell them that so that's more appropriate to the neighbors so you might let
[47:02.520 --> 47:08.760]  them know that they live in a glass house and give me a you know you don't want to be at odds with
[47:08.760 --> 47:12.920]  your neighbor and sometimes your neighbor has attitude and you have to adjust it for them
[47:14.440 --> 47:21.320]  and then you get along okay i have a brother in law that way i just had to adjust his attitude
[47:21.960 --> 47:28.120]  a couple weeks ago this has happened a couple times throughout the years they've uh
[47:28.120 --> 47:33.560]  they've done this to me and then you know a day or two later they come over and bring a cake or
[47:33.560 --> 47:39.720]  something oh we're really sorry please rollo really sorry you know we would never do this we
[47:39.720 --> 47:46.520]  would never do that and then they turn around and do it again well it sounds like people with issues
[47:48.040 --> 47:52.360]  i said they're they have a plan i'm trying to steal my land knowing that if they make me mad
[47:52.360 --> 47:59.080]  enough that i will take care of it and well i just think that not only i don't want to be angry
[47:59.080 --> 48:04.120]  okay if you're concerned they're trying to steal your land just send them a notice of a trespass
[48:04.120 --> 48:13.400]  notice okay that'll throw a big cog in the works i will do that sir i will keep you updated with
[48:13.400 --> 48:18.200]  it i know you have other callers and i don't mean to be taking their time from you okay thank you
[48:18.200 --> 48:23.880]  troy now now we're going to go to mr jeff in miss sippy hello jeff
[48:25.880 --> 48:32.360]  hey randy thanks for having me on yeah and you got to contact me monday or tuesday
[48:33.400 --> 48:41.720]  i need to move ahead we're developing a petition to the miss sippy supreme
[48:41.720 --> 48:48.680]  and just case and i need to i need to check out all my documentation to make sure i've got what i
[48:48.680 --> 48:57.480]  need to move along okay go ahead i interrupted you well just along that lines i've checked
[48:57.480 --> 49:05.960]  my docket for my case at the miss sippy court of appeals and my last case at the miss sippy
[49:05.960 --> 49:12.040]  supreme and in both cases they sent what is called a notice of briefing schedule
[49:13.320 --> 49:19.000]  before you send your brief in the clerk sends you this notice and tells you that you have 40 days
[49:19.720 --> 49:26.200]  to send it in and i lost my case at the mississippi court of appeals so i dropped the notice
[49:26.920 --> 49:34.840]  into the mississippi supreme court but i have not received the notice of briefing schedule
[49:34.840 --> 49:41.880]  so i sent an email to the clerk of the supreme court supreme court clerk
[49:43.240 --> 49:50.600]  asking her for this briefing notice of briefing schedule she did not respond so i sent her another
[49:50.600 --> 49:57.000]  email asking her to respond that i haven't heard anything back so i don't have a briefing notice
[49:57.000 --> 50:05.080]  of briefing schedule and i didn't get a response from the clerk interesting
[50:08.360 --> 50:13.080]  so in other words i don't know what my timeline is on on submitting the brief
[50:13.960 --> 50:25.720]  do it to a certified mail return receipt i'm sorry send her a request for briefing schedule
[50:25.720 --> 50:33.000]  certified mail return receipt okay got it that'll that'll get their attention and then you'd be
[50:33.000 --> 50:42.600]  sure they got it if you don't get a response then and this is the supreme i'd have to look at
[50:42.600 --> 50:50.920]  mississippi law to see what kind of remedy you would have if the supreme fails to follow their own law
[50:50.920 --> 50:56.120]  and denies you do process
[50:59.720 --> 51:04.200]  okay it may just be some kind of oversight or
[51:06.040 --> 51:13.880]  you know maybe it's the wrong email address or something the tortly the the certified mail
[51:13.880 --> 51:17.960]  letter will take care of that you might mention in the letter that you sent a couple of emails
[51:17.960 --> 51:25.720]  and your concerns you may have their own email address okay or that that may be your email for
[51:25.720 --> 51:33.560]  some reason is bouncing you know indicate there could be other reasons because sometimes i send
[51:33.560 --> 51:42.120]  emails and people don't get them but certified mail should take care of that okay got it i mean
[51:42.120 --> 51:47.640]  i'm driving in the truck so it's hard to you know run over to post office sometimes yeah okay
[51:47.640 --> 51:56.680]  you're not you're not deadheading are you uh i'm both i've had whatever you want to call it
[51:57.800 --> 52:05.160]  i can't help the truck driver jokes okay uh but i gotta do what this is one i want to get to the
[52:05.160 --> 52:17.640]  this is going to be an interesting brief because jeff was arrested for having a hunting rifle on the
[52:17.640 --> 52:25.880]  university property but there this appeared to be an off campus apartment building
[52:27.480 --> 52:32.520]  and he had no adequate notice that this was campus property and that's
[52:32.520 --> 52:40.440]  the with all the shootings on campus they've passed these laws to remedy that it's a relatively new
[52:40.440 --> 52:48.360]  law so this is a good chance to ask the supreme to distinguish the law and give direction to the
[52:48.360 --> 52:53.960]  courts and that's what the supreme judge likes to do so it should be interesting
[52:53.960 --> 53:01.960]  yeah and one more thing kind of along those lines but kind of switching gears a little bit
[53:02.520 --> 53:10.680]  i had a public defender who was representing me in my appeal and she refused to to argue
[53:11.800 --> 53:15.880]  any of these you know the that property's private property i've got the land titles
[53:15.880 --> 53:21.320]  she refused to argue that in her brief in fact her brief says there are no arguments
[53:21.320 --> 53:30.040]  so so good files you want to write a malpractice suit against the lawyer
[53:32.120 --> 53:38.600]  yeah i want to bring it all on i want to get it it all going so i turned around and wrote my own
[53:38.600 --> 53:45.720]  brief but uh debora had come on the show and said that as long as i'm still being represented
[53:45.720 --> 53:52.280]  um that my brief is basic basically invisible which really made which made sense because i
[53:52.280 --> 53:58.200]  wound up losing the case they never addressed any of my issues but i found something that i had
[53:58.200 --> 54:05.320]  totally forgotten about and that is before i wrote my brief while i was still being represented
[54:05.320 --> 54:12.760]  by my attorney my attorney wrote me a letter saying that she's not going to argue any of my
[54:12.760 --> 54:20.840]  issues and if i'm not satisfied i can write my own brief and i've got that letter now is that
[54:20.840 --> 54:30.840]  something that that can help me well that not with the court but it'll help you sue your lawyer
[54:32.840 --> 54:37.160]  all right your lawyer lawyer lawyer can lie to you lawyer can throw you under the bus
[54:37.160 --> 54:43.560]  your lawyer is the most dangerous person in the room got it see see go back and see her was this a
[54:44.520 --> 54:51.560]  was this the criminal charge against you or did you file suit against them
[54:54.200 --> 54:57.880]  no this is a rifle charge against me that's what this case will be appeal
[54:58.920 --> 55:04.520]  okay then you sue her for what you would have made in those three years if you were a college
[55:04.520 --> 55:12.920]  graduate all right goes against her uh malpractice insurance
[55:15.880 --> 55:25.000]  okay we got to do this to lawyers when loser draw this will cost that lawyer a big time
[55:25.000 --> 55:35.960]  and good and the lawyer's problem is you're suing her but the insurance companies foot in the bill
[55:37.400 --> 55:40.520]  they're hiring the lawyers they're paying their attorney fees
[55:42.200 --> 55:48.760]  good chance that they will come to you and they can come to you without her permission and make a deal
[55:48.760 --> 56:00.360]  with you and rule it you know effectively adjudicate the case against her and there's nothing she can
[56:00.360 --> 56:06.760]  do about it all right and at the end of the day it's all about the money so we make a suit
[56:07.880 --> 56:11.880]  that looks like it's going to cost them a lot of money and may create a condition to where
[56:11.880 --> 56:19.720]  they'll get the case law that will work against them in the future and that's when you file suits
[56:19.720 --> 56:26.520]  or actions of this nature you always want to claim something that if they lose can cost them
[56:26.520 --> 56:35.000]  a lot more than just what the case is about so we look at how to craft this it appearances though
[56:35.000 --> 56:43.640]  in Mississippi that court appointed counsel as a matter of course those declines under the bus so
[56:43.640 --> 56:53.640]  how do we create a claim that would make the lawyer more responsible for throwing you under
[56:53.640 --> 57:01.320]  the bus so that you have a a stronger defense against this kind of mistreatment
[57:01.320 --> 57:07.400]  create a condition where all these lawyers who are throwing their clients under the bus
[57:08.120 --> 57:14.760]  run the risk of being sued big time so the insurance companies not going to want something
[57:14.760 --> 57:23.400]  like that to get through the courts to where they get a adverse ruling against them we can do this
[57:23.400 --> 57:37.480]  okay you still there Jeff yeah okay then send me an email tomorrow the next day when you get
[57:37.480 --> 57:45.000]  where you can and get that certified mail out because I really need to get going on your brief
[57:46.520 --> 57:52.840]  okay it may be several weeks before I can get to a folks office but I'll deal with
[57:52.840 --> 58:00.680]  the first chance I get okay and then send send you an email Monday or actually do I have to
[58:00.680 --> 58:08.360]  send me an email with the address I'll make up one and send it oh okay I'll forge your name to it
[58:09.400 --> 58:16.920]  I'll let you go call you next week okay thank you Jeff okay now we are going to Adam and
[58:16.920 --> 58:23.080]  take us hello Adam hey or anything you hear me yes I can
[58:24.920 --> 58:30.920]  uh one second uh good evening I just have a deep question
[58:34.840 --> 58:41.480]  okay I'm coming I'm coming on I want to know
[58:41.480 --> 58:48.120]  uh okay it's uh uh district court Texas
[58:50.040 --> 58:53.960]  would you like to make more definite progress in your walk with God
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[01:01:07.560 --> 01:01:13.160]  225 people have been confirmed dead as a result of yesterday 7.1 earthquake which struck 34 miles
[01:01:13.160 --> 01:01:19.400]  south southwest of the city of puebla in mexico 32 years to the day after the city's infamous quake
[01:01:19.400 --> 01:01:25.160]  that struck in 1985 which killed as many as 10 000 people the most recent quake less than two weeks
[01:01:25.160 --> 01:01:30.600]  after the magnitude 8.1 earthquake on the 7th of this month the epicenter of which was about 60
[01:01:30.600 --> 01:01:35.160]  miles off the coast of chapas civil protection officials at the scene of at least 44 different
[01:01:35.160 --> 01:01:39.240]  locations where clamps or partially class buildings are in the city are reporting at
[01:01:39.240 --> 01:01:44.280]  least 50 people being rescued out of them who were still alive along with many dead bodies as well
[01:01:44.280 --> 01:01:47.880]  many more people are thought to be trapped within the wreckage of these damaged buildings
[01:01:47.880 --> 01:01:52.200]  Mexican officials are stating that at least 39 buildings have been entirely destroyed families
[01:01:52.200 --> 01:01:55.960]  fearing aftershocks have prepared to sleep on the streets in Mexico City
[01:02:01.960 --> 01:02:06.520]  a 6.1 magnitude earthquake has just hit off the eastern coast of japan about 200 miles from the
[01:02:06.520 --> 01:02:11.160]  fukushima power plant that has been in critical condition since it was struck by a tsunami in
[01:02:11.160 --> 01:02:15.800]  march of 2011 the quake was about 10 kilometers into the earth's crust and there has been no
[01:02:15.800 --> 01:02:21.240]  reports of damages as of yet and a tsunami warning has not been issued this is the third large quake
[01:02:21.240 --> 01:02:26.600]  to strike in the last 24 hours after the disastrous one in Mexico and a smaller one in new zealand
[01:02:31.800 --> 01:02:35.880]  astronomers have informed the public that in just this past week three never before discovered
[01:02:35.880 --> 01:02:41.320]  asteroids were spotted after they flew by earth rather close of the three the largest asteroid
[01:02:41.320 --> 01:02:47.000]  2017 sq2 was spotted in hindsight on lending nearly four days after the warehouse size chunk of
[01:02:47.000 --> 01:02:55.160]  space rock skimmed by 125,000 miles above earth this is work roadie with your loadout for september
[01:02:55.160 --> 01:03:24.120]  20 2017 okay we are back randy kelton rule law radio and we're talking to adam in texas
[01:03:25.240 --> 01:03:33.720]  okay go ahead adam can you hear me all right i can hear you great uh first form
[01:03:33.720 --> 01:03:41.640]  subscriber to your uh your towel wall and okay hang on hang on move the mic uh down by your chin
[01:03:41.640 --> 01:03:50.520]  a little bit you're distorting the mic is that better much better okay uh first question uh
[01:03:50.520 --> 01:03:57.960]  district court uh what the way i read the code correct me if i'm wrong but it's seven days to
[01:03:57.960 --> 01:04:04.200]  file before the motions hearings any pleadings for motions or is it within seven days up to the
[01:04:04.200 --> 01:04:11.240]  hearing to file please a motion for a motion hearing it says seven days the other side must
[01:04:11.240 --> 01:04:18.840]  have seven full days in which to respond that's what i thought yeah so they so any motions are
[01:04:18.840 --> 01:04:25.880]  pleadings from the defense would need to be filed seven days prior to the motions hearing correct
[01:04:26.680 --> 01:04:36.120]  yes okay and that's that's ccp yeah i thought i was right um well in the spirit of randy kelton
[01:04:36.120 --> 01:04:44.200]  we're trying to bully the court appointed attorney at the moment and uh my question would be uh how
[01:04:44.200 --> 01:04:52.520]  exactly do we okay first question how long did it take an attorney to realize that they've been barred
[01:04:52.520 --> 01:05:03.720]  reach a couple days a couple days so yes generally pretty quick they get noticed right away okay so he
[01:05:03.720 --> 01:05:12.440]  thought he knows okay i got a i got a better way uh when you go sit down talk to the attorney
[01:05:12.440 --> 01:05:19.640]  make sure you've got some blank bar grievances with you and some blank judicial conduct complaints
[01:05:19.640 --> 01:05:25.080]  with you and you start out talking to the attorney you take out the bar grievance
[01:05:25.880 --> 01:05:30.120]  form and you ask the attorney his name and bar card number and write it on the grievance form
[01:05:30.120 --> 01:05:42.840]  well we're uh like i said in the spirit of randy kelton we're not that we're not being
[01:05:42.840 --> 01:05:47.880]  that uh prices yet but uh we're definitely trying to bully the court appointed attorney
[01:05:49.320 --> 01:05:54.920]  okay well we're stringing up bar grievances you know a week or so in between just seeing them
[01:05:54.920 --> 01:06:01.320]  um uh i don't know i called in a couple weeks ago uh adam with the the manslaughter the
[01:06:02.200 --> 01:06:13.560]  sorry do you recall sir man slaughter give you details traffic aggravated assault and uh
[01:06:13.560 --> 01:06:20.360]  negligent harm oh okay the guy leans the passenger actually caused the accident and it was the
[01:06:20.360 --> 01:06:29.000]  passenger who was killed correct and the passenger was not buckled up and uh and that's why he got
[01:06:29.000 --> 01:06:35.720]  killed because he leaned over to do something interfered with the driver the driver hit something
[01:06:35.720 --> 01:06:40.440]  else he was eject this kid whoever did this was objected because he would never see both of them
[01:06:40.440 --> 01:06:48.760]  okay yes sir so uh last week a couple weeks ago i brought up to use uh neighbors well services lpd
[01:06:48.760 --> 01:06:56.360]  versus uh morata which is l o e r a uh did you have a chance to look at that 2015 supreme supreme
[01:06:56.360 --> 01:07:04.440]  court texas supreme court decision no i did not okay well that's okay and i apologize my wife was
[01:07:04.440 --> 01:07:13.160]  in the hospital last friday's why i wasn't on she had a neck operation and uh spent my time taking care
[01:07:13.160 --> 01:07:24.360]  of her yes sir uh well uh what you were telling me a couple weeks ago was uh uh uh statement of fact
[01:07:25.160 --> 01:07:33.080]  and uh you know it's one thing if the defendant uh claims that the passenger who was ultimately
[01:07:33.080 --> 01:07:39.160]  thrown from the vehicle and uh and killed it's one thing if he claims that the passengers didn't
[01:07:39.160 --> 01:07:47.720]  have to keep those on but you told me that as far as uh presenting it to the the court that uh
[01:07:48.520 --> 01:07:56.280]  if the dps if the dps which you know ultimately sassy and on the original complaint uh i actually
[01:07:56.280 --> 01:08:02.200]  went through the records and found that uh in fact they do concur and both parties according to the
[01:08:02.200 --> 01:08:09.880]  records agree that the uh deceased the passenger's vehicle was not wearing a stinky belt so that would
[01:08:09.880 --> 01:08:18.440]  be a statement of fact because it's not that would be an incontrovertible fact well incontrovertible
[01:08:18.440 --> 01:08:27.880]  well yeah you if you don't controvert it the other side has stated it as a material fact
[01:08:27.880 --> 01:08:36.360]  so incontrovertible is not the right word uncontroverted fact and becomes a fact
[01:08:36.360 --> 01:08:40.200]  incontrovertible before the court which the court must take judicial notice of
[01:08:41.480 --> 01:08:48.200]  okay and that would be under a judicial notice that that the uh both parties agree that the uh
[01:08:48.200 --> 01:08:56.680]  uh deceased was not wearing a stinky belt right okay and with that how would i bring in the neighbors
[01:08:56.680 --> 01:09:03.160]  versus laura decision and the judicial notice would that just give me give me a basic synopsis
[01:09:03.160 --> 01:09:13.080]  of neighbors versus laura well from what i got from it it's the 2015 court decision and uh we've had
[01:09:13.080 --> 01:09:23.080]  some uh some big shots in houston who are actually you know uh injury attorneys and they are they are
[01:09:23.080 --> 01:09:29.560]  about the only ones aware of it but it's a 2015 texas spring court decision it's a neighbors
[01:09:29.560 --> 01:09:37.800]  na b or s versus laura uh l o e r a it happened in west texas in 2015 and
[01:09:41.560 --> 01:09:49.480]  what it basically states is that the driver it's uh it's a if you jump in the car with a bunch of
[01:09:49.480 --> 01:09:55.320]  people and the and y'all take off and the driver's driving and you don't have your seatbelt on
[01:09:57.000 --> 01:10:03.640]  it's not necessarily the drivers of 100 percent i mean of course if you're underage then uh yes
[01:10:03.640 --> 01:10:09.320]  it would be the driver's responsibility but it opened up the door the texas supreme court decided
[01:10:09.320 --> 01:10:17.000]  that it's now the individual's responsibility to uh have this you know safety harness safety
[01:10:17.000 --> 01:10:23.400]  apparatus attached and and if you jump in the car with somebody and uh you get a wreck and you
[01:10:23.400 --> 01:10:31.720]  you personally took off your safety belt then uh you are partially or solely to blame for your
[01:10:32.520 --> 01:10:37.400]  injuries your death okay i understand they charged a manslaughter
[01:10:37.400 --> 01:10:45.400]  yeah they added added on the manslaughter in agribasis salt both both with it uh
[01:10:47.400 --> 01:10:53.880]  how what were the facts that led to manslaughter as opposed opposed to uh
[01:10:56.040 --> 01:11:00.920]  and what's the term for uh negligent homicidal or
[01:11:00.920 --> 01:11:08.280]  or oh what's the the one for when you kill somebody by accident
[01:11:09.720 --> 01:11:16.040]  go ahead how did they get to homicide what was the what was the mitigating factor that
[01:11:18.280 --> 01:11:27.320]  caused them to claim homicide did the driver do something exceptionally reckless like drive drunk
[01:11:27.320 --> 01:11:34.440]  or under the influence of drugs or extremely high speed above 15 miles over the limit or
[01:11:34.440 --> 01:11:42.200]  was there a mitigating factors no sir no no in the evidence in the record there is no no drug
[01:11:42.200 --> 01:11:51.080]  use no alcohol involved nothing of that nature then this guy really needs to fight him because
[01:11:51.080 --> 01:11:57.880]  they can't win it they're just doing that to try to force him to take a deal yeah exactly yeah
[01:11:57.880 --> 01:12:03.080]  that's what we discussed a couple weeks ago uh i just had some follow-up questions um
[01:12:04.840 --> 01:12:11.320]  we've bar we've barred the court appointed attorney wants you're saying they get notification
[01:12:11.320 --> 01:12:17.400]  with a couple days that means he's probably aware of it that's a good thing uh we've got him to the
[01:12:17.400 --> 01:12:28.360]  point now where the court appointed attorney is willing to listen to us and has even said that
[01:12:28.360 --> 01:12:33.240]  he's willing to file any motions we deem necessary my question would be
[01:12:36.200 --> 01:12:43.000]  the proper motions that we want in the file regarding this specific case and also how do
[01:12:43.000 --> 01:12:49.240]  we follow up and make sure he's not lying and actually files what we tell him to file and can we
[01:12:50.520 --> 01:12:56.280]  as non-attorneys uh can we prepare the the motions and give it to him or do we have to
[01:12:56.280 --> 01:13:01.880]  prepare the motions to give it to the indigent defendant and incarcerated and have him give it
[01:13:01.880 --> 01:13:10.040]  yeah okay give it to the defendant and let the defendant give it to unless the less the defendant
[01:13:10.040 --> 01:13:17.480]  authorizes you to give it to the lawyer okay how is the defendant authorized to give it to
[01:13:17.480 --> 01:13:26.440]  the lawyer uh power of attorney well actually you can send it to the defendant in in the jail
[01:13:28.440 --> 01:13:32.760]  with a cover letter telling him to
[01:13:32.760 --> 01:13:41.480]  uh ask the jail to provide a notary to notarize the documents what jail is he in
[01:13:43.240 --> 01:13:47.400]  uh he is in uh county v texas
[01:13:49.720 --> 01:13:52.680]  county d county v
[01:13:53.800 --> 01:14:01.960]  a small small county then victoria victoria texas oh victoria county oh okay that's big
[01:14:01.960 --> 01:14:08.200]  enough they'll have one okay so give give motions if they and then a cover letter asking
[01:14:08.760 --> 01:14:16.280]  for him asking the county to provide notary the notary so he can verify legal documents and when
[01:14:16.280 --> 01:14:23.080]  you send it in put a notation legal documents on the on the front best to have someone carry
[01:14:23.080 --> 01:14:28.360]  hand carry it to the jail and you know they got the little window you slide it under in the
[01:14:28.360 --> 01:14:35.480]  in the window back to the jailers and say give that to this inmate and have legal documents written
[01:14:35.480 --> 01:14:41.480]  on it the best if you were in a suit and tie okay well we're a suit and tie and we we can
[01:14:42.440 --> 01:14:47.880]  bring the legal documents to the jail and ask them to give them to the defendant correct
[01:14:47.880 --> 01:14:59.000]  yes let me quote the illegal practice of law for you yes 38 38.123 it is a crime
[01:14:59.640 --> 01:15:10.360]  or it is a violation for a person to hold himself out as a lawyer and represent someone
[01:15:10.360 --> 01:15:18.200]  in a personal injury or property damage case period right yeah it does yeah exactly that's
[01:15:18.200 --> 01:15:24.200]  all so we're doing you're neither holding yourself out as a lawyer neither are you
[01:15:24.200 --> 01:15:30.760]  representing your client you're merely being a paralegal and you can certainly do that okay
[01:15:30.760 --> 01:15:40.200]  so you're clean sir so you're clean as far as them being able to come after you so just take it
[01:15:40.200 --> 01:15:48.520]  down in a sealed envelope and don't seal it they they don't want them sealed put like legal documents
[01:15:48.520 --> 01:15:55.400]  on them and tell them keep your nose out of that they won't but just slide them in the in the window
[01:15:55.400 --> 01:16:04.600]  now they've got them can't are you on this guy's visitors list no sir you know anybody who is
[01:16:05.720 --> 01:16:13.800]  yes sir have them take it down there okay visitors visitors list only text the legal documents
[01:16:13.800 --> 01:16:19.480]  label legal documents to the defendant prepared all he has got to do is sign them then what did he do
[01:16:19.480 --> 01:16:25.480]  yeah and then yeah he gives them to the jailers once they're in the hand of the jailers they're
[01:16:25.480 --> 01:16:35.160]  presumed to be filed and get this person who's on his visitors list to get him to authorize someone
[01:16:35.160 --> 01:16:41.880]  else to sign his name on it just get him to say yes okay sign his name and go give it to the clerk
[01:16:41.880 --> 01:16:51.320]  sign whose name the defendant or the yeah the defendant how are we gonna clear that up on the
[01:16:51.320 --> 01:17:01.240]  break yes hang on be right back we'll be right back I'm out of time I love logos without the
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[01:19:13.080 --> 01:19:20.120]  oh come on
[01:19:20.120 --> 01:19:30.680]  okay we are back ready kelton rule of law radio and we're talking to adam in texas
[01:19:32.680 --> 01:19:40.760]  and i've had problems trying to get things to people in court before and the fact that this
[01:19:40.760 --> 01:19:50.200]  is victoria texas i had a woman out of victoria who got a fourth d a third dui she had two when she
[01:19:50.200 --> 01:19:57.000]  was young and then 12 years later she got one and they were trying to give her 35 delights
[01:19:58.840 --> 01:20:04.760]  and i took her a subject matter jurisdiction i mean a subject matter jurisdiction challenge
[01:20:04.760 --> 01:20:15.400]  and a habeas corpus to the jail and wanted to know who the jailer was who was supposed to
[01:20:16.920 --> 01:20:23.000]  verify documents and we went down to the camera crew and did a lot of production and hopping up
[01:20:23.000 --> 01:20:29.800]  and down and waving our arms and right way railing and righteous indignation they wind up
[01:20:29.800 --> 01:20:36.440]  wound up letting her out of jail giving her time served and they they told her that they would
[01:20:37.480 --> 01:20:46.040]  the prosecutor told her lawyer that this is wilson county the county that
[01:20:47.400 --> 01:20:55.240]  alex jones won't even go into and they told the prosecutor told the defense counsel
[01:20:55.240 --> 01:21:04.360]  so we'll give her time served one year probation just get her out of my jail
[01:21:06.760 --> 01:21:12.680]  so if the jail interferes with you you can give them enough grief that they're going to want
[01:21:12.680 --> 01:21:23.000]  your guy out of there so take them down if the person on the visitors list can get authorization
[01:21:23.000 --> 01:21:30.200]  to sign you sign those documents in his name send them to best to send them to the clerk
[01:21:30.200 --> 01:21:37.320]  certified mail then the clerk if she rejects him she has to do it by mail and you've got it written
[01:21:38.520 --> 01:21:47.480]  your lawyer give them to him ask you know insist that the lawyer filed him if he refuses then
[01:21:47.480 --> 01:21:53.960]  then fire the lawyer file them then ask for court appointed counsel and then sue the lawyer
[01:21:58.920 --> 01:21:59.640]  that makes sense
[01:22:02.600 --> 01:22:03.320]  adam you there
[01:22:06.840 --> 01:22:15.240]  looks like we lost adam okay gonna have gonna go to tim in texas hello tim
[01:22:15.240 --> 01:22:28.520]  hello sir what do you have for us today hello i was just wondering since we had to go into court
[01:22:28.520 --> 01:22:39.640]  tuesday for the uh permanent restraining order uh what is it that i'm supposed to expect okay hold
[01:22:39.640 --> 01:22:52.040]  on this is the radio show uh you need to bring everybody up to speed okay um well i got uh
[01:22:52.840 --> 01:23:00.040]  take him hold on hold on hold on let me do this tim's been on before a city of new work he has a
[01:23:00.920 --> 01:23:05.720]  auto repair his wife is on the council didn't vote for the city administrators
[01:23:05.720 --> 01:23:11.400]  the pay raise she gets off the council the administrative comes after uh
[01:23:12.120 --> 01:23:16.040]  accusing him of having junk vehicles these are vehicles he's working on for his business
[01:23:16.680 --> 01:23:25.560]  it's it's clearly retaliation so they cited him he asked for a jury trial the
[01:23:26.920 --> 01:23:31.720]  prosecutor told him that he probably needed administrative hearings in terms of these cars
[01:23:31.720 --> 01:23:39.000]  were junk he said okay they held administrative hearing and instead of a hearing for the purpose
[01:23:39.000 --> 01:23:44.840]  of deciding if the cars were jumped or not they held a hearing and adjudicated the case
[01:23:46.120 --> 01:23:51.400]  we filed a challenge subject matter jurisdiction they refused that they didn't answer and refused
[01:23:51.400 --> 01:23:58.440]  to set a hearing now they have filed for they got a temporary restraining order they're going
[01:23:58.440 --> 01:24:05.480]  we're going in for a permanent restraining order to restrain tim from violating any of these laws
[01:24:05.480 --> 01:24:14.280]  which he's already in compliance with problem you know this is we we haven't filed any
[01:24:15.400 --> 01:24:20.520]  bar grievances or judicious conduct complaints or anything yet because i told him that uh
[01:24:20.520 --> 01:24:25.960]  since we had the subject matter jurisdiction challenge we didn't want to spook him they weren't
[01:24:25.960 --> 01:24:36.520]  through screwing up it turns out i was right they filed a suit to collect eight thousand
[01:24:36.520 --> 01:24:47.720]  dollars and asked for a hundred thousand this is a slap suit clear they asked the judge for a
[01:24:47.720 --> 01:24:58.120]  permit for a temporary restraining order and he granted it that placed a harm on tim the problem
[01:24:58.120 --> 01:25:09.560]  was they told the judge that these fees were all administrative fees and they didn't tell the judge
[01:25:09.560 --> 01:25:14.440]  that there was an unanswered challenge to subject matter jurisdiction before the court
[01:25:14.440 --> 01:25:27.320]  bad move one subject matter jurisdiction's challenged it's lost so they couldn't answer
[01:25:27.320 --> 01:25:31.720]  the subject matter jurisdiction challenge so they're trying to find a way around it
[01:25:34.680 --> 01:25:39.480]  they read the subject matter jurisdiction challenge and couldn't get around it they should
[01:25:39.480 --> 01:25:46.040]  have figured something out but instead they tried you know that these guys aren't chumps or you
[01:25:46.040 --> 01:25:53.320]  wouldn't be in this spot so instead of doing something smart they do something incredibly stupid
[01:25:55.160 --> 01:26:04.760]  they lied to a district judge they lied by admission so now we're at the point now we
[01:26:04.760 --> 01:26:12.520]  start going after good go ahead tim well my question was uh you mentioned earlier in the
[01:26:12.520 --> 01:26:22.120]  show that you were going to highland park tuesday and uh i'm going to be in court tuesday so that
[01:26:22.120 --> 01:26:37.560]  is inconvenient yeah because before the next tuesday i'll have to be back in tennessee
[01:26:38.920 --> 01:26:45.320]  that's going to be inconvenient but we're going to move for a rule on the pleadings
[01:26:45.320 --> 01:26:54.040]  with no oral argument right so will i turn that in monday yeah what time is the hearing
[01:26:54.040 --> 01:27:02.280]  to estate is it say one p.m. oh that's the same time i'm supposed to be in highland park
[01:27:02.280 --> 01:27:13.480]  oh that is inconvenient anyway we will we will work that out i have uh i will include in the
[01:27:13.480 --> 01:27:21.000]  response a uh opposition to oral argument and request the court rule on the pleadings and
[01:27:21.000 --> 01:27:27.640]  this is just for restraining order so the restraining order is not that important because
[01:27:27.640 --> 01:27:35.560]  you're already in compliance but we want to use this as an opportunity to take the first
[01:27:35.560 --> 01:27:43.800]  shot across these attorney's vows we're going to claim that the court lacks subject matter
[01:27:43.800 --> 01:27:52.040]  jurisdiction because the city of newark lacked authority to file the suit in the first place
[01:27:52.040 --> 01:27:59.640]  and that they deliberately withheld material in information from the judge in effect they
[01:27:59.640 --> 01:28:07.320]  lied by omission and we're going to ask for sanctions against these attorneys and by then
[01:28:07.320 --> 01:28:18.040]  we'll have some bar grievances filed now we go after them and we were in court and i asked that
[01:28:18.040 --> 01:28:22.440]  there wasn't a court reporter so i asked the court where i could go to see the records or i tried to
[01:28:23.000 --> 01:28:28.840]  and the judge was extremely rude demanding and aggressive
[01:28:31.400 --> 01:28:35.080]  so i'm going to bargain so i'm going to file a judicial contract complaint against him just for
[01:28:35.080 --> 01:28:44.920]  yucks you want to have an attitude let's see if we can adjust it for you so tim this is where it
[01:28:44.920 --> 01:28:52.840]  starts getting interesting yeah yes especially since they want to find me a thousand dollars a day
[01:28:53.960 --> 01:28:58.680]  for violating the restraining a temporary i guess the temporary restraining order
[01:28:59.800 --> 01:29:05.000]  yeah but you're already in compliance so they got a problem there's a bunch of things in that
[01:29:05.000 --> 01:29:12.760]  restraining order that weren't in the original complaint and the judge granted them that so
[01:29:12.760 --> 01:29:22.680]  okay you know i but you're this is okay this is a slap suit this is about as clear a slap suit as
[01:29:22.680 --> 01:29:30.200]  we get this is a suit without grounds have don't have subject matter jurisdiction they lied to
[01:29:30.200 --> 01:29:40.040]  the judge to get it it was clearly a suit filed to intimidate i am surprised these lawyers are this
[01:29:40.040 --> 01:29:51.000]  arrogant this goes beyond arrogance this is hubris that they seem to believe it doesn't make any
[01:29:51.000 --> 01:29:59.160]  difference what they do that there is no redress in law well we'll see what about that
[01:30:01.640 --> 01:30:07.000]  the stasi east german secret police used to capture prisoners sent on pieces of felt
[01:30:07.000 --> 01:30:13.240]  stored in glass jars so dogs could hunt them down later unfortunately some things never change
[01:30:13.240 --> 01:30:19.080]  under kathryn albrecht and i'll be back with more privacy is under attack when you give
[01:30:19.080 --> 01:30:23.880]  up data about yourself you'll never get it back again and once your privacy is gone
[01:30:23.880 --> 01:30:29.800]  you'll find your freedoms will start to vanish too so protect your rights say no to surveillance
[01:30:29.800 --> 01:30:35.560]  and keep your information to yourself privacy it's worth hanging on to this public service
[01:30:35.560 --> 01:30:40.120]  announcement is brought to you by start page dot com the private search engine alternative
[01:30:40.120 --> 01:30:49.000]  to google yahoo and ben start over with start page in germany 68 year old leftist fritz as
[01:30:49.000 --> 01:30:54.600]  thought he'd seen it all till officials knocked on his door in 2007 demanding something new his
[01:30:54.600 --> 01:31:00.120]  smell they thought the ageing revolutionary might disrupt the g8 summit so they made him hold little
[01:31:00.120 --> 01:31:05.720]  metal tubes in his hands for several minutes to collect his scent just in case around that same
[01:31:05.720 --> 01:31:11.320]  time the u.s. government sought research proposals for a similar system to collect human scent for
[01:31:11.320 --> 01:31:17.160]  tracking purposes those creepy interrogation jars i mentioned can be seen at the stasi museum in
[01:31:17.160 --> 01:31:23.400]  berlin along with other devices of surveillance and state control look closely you may see our
[01:31:23.400 --> 01:31:31.000]  future i'm dr kathryn albrecht more news and information at kathryn albrecht dot com this is
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[01:33:02.280 --> 01:33:18.760]  listening to the logos radio network logosradio network.com
[01:33:32.600 --> 01:33:55.800]  okay we are back randy kelton the google law radio are talking to tim in texas my
[01:33:55.800 --> 01:34:04.760]  tangy is getting tangled today okay tim yes sir we can talk about this part off the air but
[01:34:06.440 --> 01:34:11.560]  we will be filing a challenge subject matter jurisdiction of this court and notifying this
[01:34:11.560 --> 01:34:20.440]  court that the lawyers and when they came before him lied by omission by not telling him that there
[01:34:20.440 --> 01:34:26.680]  was an unanswered challenge to subject matter jurisdiction in the record that's not going
[01:34:26.680 --> 01:34:36.600]  to make the judge happy this is what just confuses me why would these lawyers do something like that
[01:34:36.600 --> 01:34:42.280]  when it clearly says everywhere that i've read that it stops everything and it's tracked once you
[01:34:42.280 --> 01:34:48.680]  file a challenge subject matter jurisdiction arrogance and well the judge himself didn't
[01:34:48.680 --> 01:34:55.400]  even answer it basically they directed me to an administrative hearing and then they said on record
[01:34:55.400 --> 01:35:01.800]  i got all that i got all that they're not following law they seem to think it doesn't matter what they
[01:35:01.800 --> 01:35:11.640]  do apparently i get this all the time that's what confuses me so i only tend to get this kind of
[01:35:11.640 --> 01:35:19.640]  nonsense in uh municipal courts these lawyers are not the sharpest knives in the drawer
[01:35:20.920 --> 01:35:25.960]  if they were to be out making the big bucks but they're down here grubbing for dollars
[01:35:27.720 --> 01:35:34.120]  right they're trying to impress their boss and i told them before they went into the courtroom
[01:35:34.120 --> 01:35:42.680]  with that this is baritry oh you did tell them that yes i did i didn't realize that i told the
[01:35:42.680 --> 01:35:48.280]  district attorney i want you to come in there and watch because this is baritry he said no no
[01:35:48.280 --> 01:35:55.160]  mr kelton i'm not the witness i'm the prosecutor i'm going fishing and he hit the door
[01:35:55.160 --> 01:36:09.240]  or but uh i warned him and just arrogance i mean they saw my pleadings and whatever else
[01:36:09.240 --> 01:36:16.520]  they may think they had to look at these and say you know this is not this guy's first rodeo
[01:36:16.520 --> 01:36:26.360]  they just seem to be of the opinion that it doesn't matter what anybody does if they're not lawyers
[01:36:27.080 --> 01:36:34.120]  then these lawyers can do anything they want to and the judges rule in their favor no matter
[01:36:34.120 --> 01:36:42.440]  what well what's the judge going to do when we come after him well here's the judge's problem
[01:36:42.440 --> 01:36:48.680]  he may not have had actual knowledge of what was in the public record
[01:36:49.960 --> 01:36:53.720]  but he does have imputed knowledge of what was in the public record
[01:36:55.800 --> 01:36:59.000]  we can hold him responsible for it anyway
[01:37:01.560 --> 01:37:05.880]  and i'm going to send him a tour i'm going to prepare a tort letter for the judge
[01:37:05.880 --> 01:37:15.640]  and he is not going to be happy is that on my behalf yes okay
[01:37:18.360 --> 01:37:24.840]  well uh so do we do we need to file that monday
[01:37:26.680 --> 01:37:29.640]  because tuesday's the court date or will it matter
[01:37:29.640 --> 01:37:36.120]  it well it's so close we can file it monday monday or tuesday either one i'll i'll have it monday
[01:37:38.520 --> 01:37:44.600]  okay let's let's talk about that off the air though yes sir i will okay i've got more callers
[01:37:45.160 --> 01:37:54.920]  okay i am going to craig in louisiana hello craig hey there randy um i talked to you a while back
[01:37:54.920 --> 01:38:02.680]  about some speed tickets and um and i got um i got the package uh i don't know if you send it
[01:38:02.680 --> 01:38:09.240]  our our uh the producer sent me a a bunch of uh lots of stuff on the package i think you send
[01:38:09.240 --> 01:38:17.800]  out for everybody in texas all the motions oh wait a minute craig texas uh this says you're in
[01:38:17.800 --> 01:38:27.560]  louisiana is it a texas ticket no no no um i got the package what i'm doing is just it's time to
[01:38:27.560 --> 01:38:35.800]  rearrange the uh motions you have and um rewrite them you know where they're where they're good for
[01:38:35.800 --> 01:38:45.160]  louisiana okay hold on if you got uh the texas tickets then i have another set that's for other
[01:38:45.160 --> 01:38:51.880]  states so i sent you the wrong set then that's why i was asking if it was a texas ticket
[01:38:53.240 --> 01:38:59.240]  so it's a louisiana ticket correct okay louisiana is the toughest state because
[01:39:01.000 --> 01:39:10.840]  most of the states go by spanish law the colonies the original colonies they uh
[01:39:10.840 --> 01:39:22.200]  uh they go by the old common law but louisiana that's based on french law it's like another country
[01:39:23.480 --> 01:39:30.440]  so it is a little more difficult the i have i took out some of the documentation that was
[01:39:30.440 --> 01:39:42.040]  was specific to texas and so since i sent you the wrong ones uh just send me an email to the info
[01:39:42.040 --> 01:39:50.360]  at trafficticket.website so that i know which email is yours and i'll go back and rerun those
[01:39:50.360 --> 01:40:02.280]  for the other states other than texas and i'll fix that part for you okay let me tell you what
[01:40:02.280 --> 01:40:10.040]  happened um but now i'm fighting three speeding tickets okay and i just went to my last arranged
[01:40:10.040 --> 01:40:20.440]  uh just past tuesday but actually last tuesday i had a trial date uh and i was supposed to actually
[01:40:20.440 --> 01:40:29.000]  have a trial for one of the other tickets and uh what happened long story short when it came time
[01:40:29.000 --> 01:40:41.320]  for the trial the cop wasn't there and the court the the da and the judge were both trying to
[01:40:41.320 --> 01:40:49.080]  pressure me to pay the ticket and i said and i said well you know i objected the cop's not here
[01:40:49.080 --> 01:40:57.560]  i said he was messed i said i came here today you know i was told i have a trial and um anyway he
[01:40:57.560 --> 01:41:05.400]  denied my motion by the time when i said that and then the da made a motion to have another trial
[01:41:06.040 --> 01:41:14.360]  and uh and and i had a subject manager jurisdiction uh brief in my hand i was going to give him an
[01:41:14.360 --> 01:41:20.600]  open court of course he they wouldn't accept that he said i had to file that well you know
[01:41:20.600 --> 01:41:29.240]  within the next thirty days for the new trial so anyway uh but with all with all that there was a lot
[01:41:29.240 --> 01:41:39.560]  of uh rude arrogance you know the da you know was throwing at me all kind of just stuff anyway so
[01:41:39.560 --> 01:41:44.520]  i came home and wrote the story exactly what happened and i got the information the bar
[01:41:44.520 --> 01:41:50.680]  agrees him and the judge uh because i didn't think i thought the judge should you know dismiss the case
[01:41:52.600 --> 01:42:00.600]  but uh so but something else was was the judge arrogant and rude as well
[01:42:02.840 --> 01:42:11.000]  no he he just sucked him up the the da go on and let me have a verbal you know uh you know it's okay
[01:42:11.000 --> 01:42:17.160]  did the da talk to you directly yes he is forbidden to do that
[01:42:21.720 --> 01:42:26.120]  then you bar bar grieve the judge for allowing the prosecutor
[01:42:28.520 --> 01:42:34.360]  to talk to you okay let's back up a second american bar association standards for the
[01:42:34.360 --> 01:42:44.760]  person prosecutorial function forbids the prosecutor from giving legal advice to a defendant
[01:42:45.880 --> 01:42:50.200]  did the prosecutor tell you that you should do certain things
[01:42:53.080 --> 01:42:58.920]  well when i told him i wanted to file uh when i wanted i wanted to challenge subject matter
[01:42:58.920 --> 01:43:03.480]  jurisdiction he asked me first off to follow the lawyer and i asked him why they have to
[01:43:03.480 --> 01:43:10.280]  do anything but then uh i don't know maybe he's this thing or he kept trying to test my knowledge
[01:43:10.280 --> 01:43:18.200]  okay hold on the prosecuting attorney's asking you questions yeah about uh what money but subject
[01:43:18.200 --> 01:43:24.120]  manager's dictionary or what no he kept saying only jurisdiction the fact that i lived in louise
[01:43:24.120 --> 01:43:28.200]  anna badger addiction i said are you pulling my leg or i mean you're making this stuff up
[01:43:28.200 --> 01:43:35.240]  oh and uh i think i'll pull that off for you i know uh but uh i said you don't know the
[01:43:35.240 --> 01:43:41.640]  three types of jurisdiction and uh i said i'm not going to discuss this with you and uh
[01:43:42.440 --> 01:43:50.600]  but he he kept going on like this is this is okay this is badgering he's forbidden to talk to you
[01:43:50.600 --> 01:43:57.560]  he can only talk to the judge hang on we'll be right back rantic elton we'll let radio
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[01:45:03.080 --> 01:45:09.000]  it's the 2017 logos radio network annual fundraiser sponsored by central texas gunworks
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[01:46:08.760 --> 01:46:27.080]  okay we are back randy kelton rule of law radio and we're talking to craig and louisiana
[01:46:28.600 --> 01:46:37.160]  and first thing you need to do is read the uh american bar association standards for
[01:46:37.160 --> 01:46:45.960]  procedural function that'll tell you a whole lot let me tell you a little bit about how state police
[01:46:45.960 --> 01:46:52.200]  came about this is very relevant because there's something i want you to look up in louisiana
[01:46:53.960 --> 01:47:01.960]  harry truman was a he built roads before he became politician and once he became president he said
[01:47:01.960 --> 01:47:09.240]  about creating our current road system our interstate system and he wanted to design roads
[01:47:09.240 --> 01:47:15.160]  that were not so inherently dangerous well he got a bunch of bills put through to do that with
[01:47:15.720 --> 01:47:23.240]  and we were at the time we were still developing equipment and trucks were relatively new especially
[01:47:23.240 --> 01:47:29.000]  heavy trucks and they had a lot of big heavy trucks out there that were just poorly designed
[01:47:29.000 --> 01:47:38.120]  and they were slaughtering people all over the place and he got the uh licensing requirement
[01:47:38.120 --> 01:47:44.200]  for commercial drivers put in so he could take control of these trucks that were out here on
[01:47:44.200 --> 01:47:51.480]  the highway is killing everybody problem trucks are all over the place how do you get to them well
[01:47:51.480 --> 01:48:03.640]  you create a new police force just for that purpose the state police were created for the
[01:48:03.640 --> 01:48:14.920]  purpose of enforcing the commercial transportation code most states restrict enforcement of the
[01:48:14.920 --> 01:48:23.160]  transportation code mostly to state police texas is that way elinor tennessee
[01:48:25.480 --> 01:48:33.320]  california mostly they exempt a few but a lot of states only these are the
[01:48:34.920 --> 01:48:40.600]  state police are asked to enforce transportation codes you need to look up that up in elinor and
[01:48:40.600 --> 01:48:49.960]  in louisiana do a search for louisiana authority to enforce transportation code or motor vehicle
[01:48:49.960 --> 01:48:58.440]  laws whatever they call it in louisiana and it'll give you a links to the areas to look at and read
[01:48:58.440 --> 01:49:08.920]  the code you may find yourself a gem in there this is what i found in texas that the department of
[01:49:08.920 --> 01:49:15.560]  public safety was created for the purpose of enforcing the transportation code a municipality
[01:49:16.440 --> 01:49:26.520]  can appoint one person to to inspect commercial trucks and he has to go through
[01:49:26.520 --> 01:49:35.000]  certification with the department of public safety and they have to put together a memorandum of
[01:49:35.000 --> 01:49:40.680]  understanding they have to have agreements all kind of stuff so that this one person can inspect
[01:49:40.680 --> 01:49:52.440]  trucks the sheriff's the the county commissioners court can appoint five sheriff's deputies in a
[01:49:52.440 --> 01:49:59.960]  county to enforce the transportation code under 701.001 and they have to ride motorcycles under
[01:49:59.960 --> 01:50:12.920]  701.003 that's it nobody else can enforce that's what the law says what does it say in louisiana
[01:50:13.720 --> 01:50:21.720]  who can enforce police force they use louisiana state police but in that in the way it's written
[01:50:21.720 --> 01:50:30.600]  they also give authority to any municipality to also have their police i forget how to say but
[01:50:30.600 --> 01:50:39.800]  they allow their police to also enforce traffic code okay next next thing how did you go to
[01:50:39.800 --> 01:50:52.360]  subject matter jurisdiction um well i had the brief i had a brief and um was it the brief i wrote
[01:50:53.320 --> 01:50:59.560]  yeah yeah yeah okay it's wrong one it's one from texas uh contact me tuesday
[01:51:01.160 --> 01:51:04.840]  no contact me wednesday i'll be tied up tuesday with these court dates
[01:51:04.840 --> 01:51:13.640]  okay i will write one for a subject matter jurisdiction challenge for states that allow
[01:51:13.640 --> 01:51:25.640]  the police to enforce transportation code where you want to go is the complaint itself
[01:51:25.640 --> 01:51:33.720]  fails to state all the elements of the crime one of the elements of the crime is evidence
[01:51:33.720 --> 01:51:43.240]  of commerce you don't go to the right to travel you go to the fact that the transportation code
[01:51:44.200 --> 01:51:53.560]  regulates commercial traffic and that the the citation itself fails to state facts that
[01:51:53.560 --> 01:52:02.520]  establish a commercial nexus okay that gets you a chance a valid subject matter jurisdiction
[01:52:02.520 --> 01:52:09.880]  challenge now if they're like every other municipal court it's going to cost them too much to pay a
[01:52:09.880 --> 01:52:15.240]  lawyer to write a brief so they're not going to answer it they're just going to ignore it
[01:52:16.840 --> 01:52:25.400]  now you get to change the whole fight now the fight's not about traffic it's about due process
[01:52:25.400 --> 01:52:34.520]  now you get to turn on them and go after them each one individually you get to file suit against the
[01:52:34.520 --> 01:52:41.800]  judge well if i have something else another anomaly that they're polling and i want to
[01:52:41.800 --> 01:52:48.840]  ask you about it uh they have this little thing with the the state troopers and the cops write
[01:52:49.480 --> 01:52:54.600]  on the ticket itself they write little comments about the way you acted your attitude or
[01:52:54.600 --> 01:53:02.920]  any kind of negative stuff and the judge gets it and he'll use that to uh you know when sentencing
[01:53:02.920 --> 01:53:09.000]  you are you know whatever and uh most people don't know that that uh that they that they have this
[01:53:09.000 --> 01:53:15.960]  little information going uh secretly between the the the cop writing the ticket and the judge
[01:53:15.960 --> 01:53:25.640]  by those are those notes on the ticket you receive no no it's only all copy the top keeps
[01:53:28.120 --> 01:53:35.080]  then okay then that's the first thing you want to see that you can subpoena that
[01:53:35.080 --> 01:53:46.840]  right and then that would go to um official misconduct yeah i've got some judicial
[01:53:46.840 --> 01:53:52.760]  conduct and they have what they call cannons here and one of the cannons specifically
[01:53:53.320 --> 01:54:01.000]  you know says that uh but they can't um have uh i don't want to take up the time to read the whole
[01:54:01.000 --> 01:54:08.200]  thing but uh it's specifically addressed uh having exportation communication uh and uh
[01:54:08.840 --> 01:54:19.560]  so well i do want to i'll get this together and write write a note to you an email and copy this
[01:54:19.560 --> 01:54:29.640]  and uh and send me the codes for Louisiana on authority oh never mind it won't need that if
[01:54:29.640 --> 01:54:35.880]  they it's a police can enforce i won't need that yeah just just give me the basics on your ticket
[01:54:35.880 --> 01:54:42.280]  and i will write a subject matter jurisdiction challenge that will set the judge up to be sued
[01:54:42.280 --> 01:54:53.400]  personally okay okay okay well that i'll do it for right now and uh thank you so much
[01:54:53.400 --> 01:55:00.680]  okay we'll we'll we'll communicate during the week thank you craig okay now we're going to
[01:55:00.680 --> 01:55:08.520]  ken in new york hello ken hi brandy thank you for taking my call uh about a week or two ago
[01:55:08.520 --> 01:55:13.880]  i asked you a question about a municipal i was having a problem with noise from a restaurant
[01:55:13.880 --> 01:55:19.800]  that's like in the back of my house but it's on the front of another street i'm about to walk over
[01:55:19.800 --> 01:55:24.760]  and they decided that they're not only a restaurant but they're going to run an after
[01:55:24.760 --> 01:55:30.920]  night uh after hours club you know i was calling the cops for like almost four weeks in a row
[01:55:32.120 --> 01:55:37.320]  and then i decided that i wasn't getting anywhere with the police so i went to my
[01:55:38.200 --> 01:55:44.920]  my nearest point of contact with the legislator and i told them that uh my friends in the town
[01:55:44.920 --> 01:55:51.080]  hadn't returned a phone call to me they're republicans the legislators are democratic so i think the
[01:55:51.080 --> 01:55:58.360]  answer in the end was like you always say political rather than calling the cops the cops talked to
[01:55:58.360 --> 01:56:04.600]  them noise would go down and come right back up again after they leave finally when i talked to
[01:56:04.600 --> 01:56:11.160]  the legislators i said listen i said at this point i said we need somebody to go over there remind
[01:56:11.160 --> 01:56:15.800]  them that he's got a liquor license and a business license that explains what it means
[01:56:17.880 --> 01:56:24.280]  the next week after that which was last week call the cops again like 1 32 o'clock in the
[01:56:24.280 --> 01:56:30.920]  morning i'm running outside my underwear to talk to the police and uh i noticed the noise stopped
[01:56:30.920 --> 01:56:35.560]  and i said you should have got here a few minutes earlier i said yeah we came over with public safety
[01:56:35.560 --> 01:56:41.720]  now i don't know what you have over there but public safety over here is the code enforcement
[01:56:41.720 --> 01:56:47.000]  on for the town they told them they're going to start writing them a thousand dollar fines and
[01:56:47.000 --> 01:56:53.320]  now all of a sudden they're closing in 11 o'clock behaving like good neighbors you cannot believe it
[01:56:54.360 --> 01:57:04.120]  funny how that works is that amazing there's nothing like a little politics yeah in the end
[01:57:04.120 --> 01:57:09.160]  and you know what else i noticed you were talking about police about filing complaints against the
[01:57:10.680 --> 01:57:16.040]  their record i noticed that when i called uh this is going on several weeks i call like
[01:57:16.040 --> 01:57:21.800]  1 30 in the morning i get a young guy the young cops will come by the young guys they were making
[01:57:21.800 --> 01:57:27.240]  excuses that they go over to talk to them they said we really can't do anything then later on
[01:57:27.240 --> 01:57:33.720]  when the noise goes back up again after the cop leaves i i get an older cop comes by he goes
[01:57:33.720 --> 01:57:43.320]  over and tells them to shut it down and go home and that's these young cops they don't know what
[01:57:43.320 --> 01:57:48.360]  they can do what they can get away with you know they don't know how to use their leverage and
[01:57:49.000 --> 01:57:55.960]  right the old the older cop goes in there and he kind of lets them know what he's going to do to
[01:57:55.960 --> 01:58:05.320]  them and that's not surprising well once to me i i finally for the first time in four weeks i got
[01:58:05.320 --> 01:58:12.040]  peace and quiet you know what it is it's like the higher frequencies don't travel too far but then
[01:58:12.040 --> 01:58:20.920]  lower wavelength they skip like a stone and all of a sudden they shake in the house well the fact
[01:58:20.920 --> 01:58:28.200]  that you got a hold of your legislators when these cops and such get calls from legislators
[01:58:29.080 --> 01:58:35.080]  they get busy you know because the legislator will call the head of the agency he'll call the
[01:58:35.080 --> 01:58:41.080]  mayor or he'll call the chief of police okay i'm sorry we are out of time this is brandy
[01:58:41.080 --> 01:58:51.560]  kelton rule of law radio thank you all for listening and good night bibles for america
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