ROL_2018-01-18_16k.timecode
[00:00.000 --> 00:08.040] The following news flash is brought to you by The Lone Star Lowdown.
[00:08.040 --> 00:14.160] Markets for Monday, the 8th of January, 2018, open with gold at $1,320.02 an ounce, silver
[00:14.160 --> 00:22.560] at $17.20 an ounce, Texas Crude at $61.44 a barrel, Bitcoin at $16,020.30, while Bitcoin
[00:22.560 --> 00:35.000] cash is at $2,757.56, finally dash coins at $1,284.36, a crypto coin.
[00:35.000 --> 00:40.800] Today in history, the year 1835, the United States government national debt is zero for
[00:40.800 --> 00:45.840] the first time and presumably only time in the government's existence. Zero government
[00:45.840 --> 00:53.280] debt today in history. In recent news, the president will undergo a two-hour physical
[00:53.280 --> 00:57.680] exam which will include urine blood analysis, cardiac evaluation, and some more personal
[00:57.680 --> 01:02.520] prying with sleeping habits and even his romantic life being discussed with the multi-administration
[01:02.520 --> 01:06.760] presidential physician. It seems the president may be wanting to later rest the recent lineup
[01:06.760 --> 01:11.280] of criticisms questioning his mental health and stability. Apparently some of the president's
[01:11.280 --> 01:16.000] more recent tweets directed towards North Korea's Kim Jong-un and the author of the book
[01:16.000 --> 01:20.160] Fire and Fury, Michael Wolfe, has many thinking that the president should perhaps be more
[01:20.160 --> 01:23.360] articulate and less rash with his tweets.
[01:23.360 --> 01:30.040] The U.S. District Court Judge Gloria Namvaro dismissed cases against Nevada Rancher Clive
[01:30.040 --> 01:35.160] and Bundy, two sons and a Montana militiaman today. Judge ruled that the government's lawyers
[01:35.160 --> 01:40.320] suppressed footage from several cameras that were set up by the FBI around the Bundy's
[01:40.320 --> 01:44.360] family home that would have been favorable in the defendant's case. When Mr. Bundy was
[01:44.360 --> 01:48.720] released today Monday after leaving the courthouse, he told reporters that I've been a political
[01:48.720 --> 01:53.480] prisoner for 700 days. He hadn't seen his wife for nearly two years due to the fact
[01:53.480 --> 01:57.640] that he had refused any conditional release which required him to forfeit his trial by
[01:57.640 --> 02:01.360] jury rights.
[02:01.360 --> 02:05.680] Former Google engineer James Damore filed a class action lawsuit against the Alphabet
[02:05.680 --> 02:10.280] Corporation on Monday claiming that it discriminates against white men and those with conservative
[02:10.280 --> 02:15.560] leaning views. Damore was terminated for dismantling a memo essentially questioning the company's
[02:15.560 --> 02:21.080] diversity policies. The suit is basically arguing that Google employees who express views deviating
[02:21.080 --> 02:26.560] from corporate sentiments on politics and practices like diversity hiring policies by
[02:26.560 --> 02:32.560] a sensitivity and social justice were singled out, mistreated, and systematically punished
[02:32.560 --> 02:34.320] and terminated from Google.
[02:34.320 --> 02:38.360] Google spokesman Tasha Parts sent a response that we look forward to defending against
[02:38.360 --> 02:45.360] Mr. Damore's lawsuit in court.
[03:08.360 --> 03:36.860] Okay, howdy, howdy, howdy.
[03:36.860 --> 03:44.060] Okay, howdy, howdy, Randy Kelton, Debra Stephens, Rula Law Radio on this, the Thursday, the 18th
[03:44.060 --> 03:55.580] day of January 2018. And the beginning of the show, I'll give a report on my electronic lawyer.
[03:56.860 --> 04:02.700] Those of you who've been listening for the last few years know that I have been struggling with
[04:02.700 --> 04:11.340] this for a very long time. But I am in the final stages. A few weeks ago, I got my software up
[04:12.540 --> 04:19.580] and then the task was put on me to construct the content to go on the software.
[04:21.100 --> 04:30.620] Turned out to be a more complex project than I had hoped it would be. It's not only complex,
[04:30.620 --> 04:37.580] it's long and tedious. And I've been spending 10 to 12 hours a day stuffing information into this
[04:37.580 --> 04:48.540] and working out how to do it. And in creating this software, I've literally worked out a different
[04:48.540 --> 04:58.620] way of creating legal documents that will not only improve the software itself,
[04:58.620 --> 05:08.860] but if I can get the lawyers to adopt this software, it will dramatically increase their
[05:08.860 --> 05:16.860] effectiveness. The way the software works, it forces you to address a single element at a time.
[05:18.620 --> 05:26.460] That's been a problem. Anybody who's bought my ebook, I have a large section in there on
[05:26.460 --> 05:38.460] how to write documents. And mostly on mental flow. How to keep your reader moving from one
[05:39.420 --> 05:46.460] sentence to the next without losing the train of thought. It's hard enough to do when you're
[05:47.340 --> 05:54.060] thinking and talking. It's even harder to do when you're writing because either writing or typing
[05:54.060 --> 06:00.460] takes longer than thinking and you tend to think out in front of yourself. And then you wind up
[06:01.740 --> 06:04.700] because your mind is moving ahead of you, you wind up
[06:06.700 --> 06:12.380] fading off topic into other issues and it's really struggling to stay on topic. Well, the software
[06:12.380 --> 06:24.060] has forced me to create arguments that are highly focused on a single element or issue at a time.
[06:24.220 --> 06:31.260] And it's called coming together within a week, I hope to relaunch the traffic ticket website
[06:33.180 --> 06:41.260] with we will put in a registration page. I need to do that because I need to be able to
[06:41.260 --> 06:49.020] carry a variable. I need to be able to save a variable in the database so that when you come
[06:49.020 --> 06:54.620] back, the system can find that variable and then it'll go look for the documents you've already
[06:54.620 --> 07:00.380] created the way it works for now. You fill in the ticket and it sends you all the documents,
[07:00.940 --> 07:06.940] but I don't have a variable to hold it. I don't have a cookie. So if you close off the screen,
[07:06.940 --> 07:14.380] it loses everything. So we'll get a registration page and then a section to put in your ticket
[07:14.380 --> 07:22.940] information. And from there, it'll produce the documents already have available. But from there,
[07:22.940 --> 07:29.900] we'll go to a questionnaire. The questionnaire will start out with probable cause for the stop.
[07:30.940 --> 07:36.540] The probable cause, it'll go to flight to evade for those people who didn't stop fast enough
[07:36.540 --> 07:42.860] to make the cop happy and he charges them with flight to evade. And then the next one will be
[07:43.660 --> 07:49.420] failure to identify for anybody who objected to identifying self to the officer and they
[07:49.420 --> 07:56.860] want to get arrested for it. And we just walk down all of the different elements. And this will
[07:56.860 --> 08:03.820] create a relatively large number of documents that will be very specific to each case.
[08:03.820 --> 08:11.500] It's taking me a little bit to get all of the pieces put in place and all the documents logged
[08:11.500 --> 08:16.860] in where they should be so that I don't have them coming up double and triple. And there's
[08:16.860 --> 08:24.220] some technical stuff I'm working on, but I'm getting close. It's taken a long time, but a couple
[08:24.220 --> 08:32.140] weeks I expect to launch this thing. And we can begin to shut down traffic enforcement in Texas.
[08:32.140 --> 08:37.420] Okay, I'm already getting a stack of callers, so I'm going to go ahead and go to the call boards.
[08:38.060 --> 08:43.980] We have Billy in Texas. Hello, Billy. What do you have for us today?
[08:45.500 --> 08:50.780] Give him a four letter. You sound like you're in a well. Are you on a...
[08:51.820 --> 08:52.860] I can talk.
[08:52.860 --> 08:53.580] Blue Tuesday.
[08:53.580 --> 08:56.940] Attorney Cheryl Payne at age 500 and A.R. Bennett.
[08:56.940 --> 09:02.700] I am having trouble understanding you. Have you got your head stuck down?
[09:05.420 --> 09:13.420] Okay. Okay. Okay, we're going to Jermaine in Alabama.
[09:15.580 --> 09:19.340] Hey, in Alabama. I thought you were in Tennessee. Jermaine, are you there?
[09:19.340 --> 09:22.220] I'm coming. Hey, yeah, can you hear the Randy?
[09:22.220 --> 09:25.660] Howdy, what do you have for us today?
[09:25.660 --> 09:31.740] Yeah, I got a situation real quick, man. I kind of moved it out of...
[09:31.740 --> 09:39.660] Hold on, hold on, hold on. Let me go another one real quick. Okay.
[09:39.660 --> 09:49.180] Hey, the situation I got, man, I was driving up to Indiana. I got stopped by State Trooper.
[09:49.180 --> 09:56.700] The reason why he stopped me is because I proceeded past him. We're driving in inclement weather.
[09:56.700 --> 10:05.420] You know, I proceeded past him. He hit his blue lights. Now the speed limit is 70 on Interstate
[10:05.420 --> 10:12.380] 65. So he hit his blue lights. I went past him. I guess he wanted me to slow down. So I still
[10:12.380 --> 10:19.980] proceeded past him with caution. Jumped over, he pulled me over. Hello? Okay, I'm here.
[10:21.420 --> 10:27.100] Okay, he pulled me over, walked up to my truck, and I rolled the windows down. He came up on the
[10:27.100 --> 10:31.580] step. It was like license registration. I said, before we got to come, I said,
[10:31.580 --> 10:36.060] why don't you know you've been recorded? So when I said that, he kind of got mad.
[10:36.060 --> 10:39.740] Well, that's fine. That's all right. License registration, why you pulled me over for?
[10:39.740 --> 10:44.700] Driving too fast for road condition. I said, I wasn't driving too fast for road condition.
[10:44.700 --> 10:49.500] He said, license registration, if you want to argue that, you can argue that with the judge.
[10:50.540 --> 10:55.100] He said, but you're going to get a ticket. I said, well, okay, that's fine. I'm not,
[10:55.100 --> 10:58.220] he said, you can argue that with the judge in court. I said, I'm not going to your court,
[10:58.220 --> 11:04.300] I'll just pay the ticket. Well, as soon as I said that, he jumped off the step on my truck,
[11:04.300 --> 11:09.900] came down to my driver's side, said, step out the truck. I said, what am I stepping out the truck
[11:09.900 --> 11:13.980] for? He said, you want to step out the truck? He said, no, he said, step out the truck,
[11:13.980 --> 11:17.820] you're under arrest. I said, what am I being arrested for? He said, because he said, you're
[11:17.820 --> 11:21.020] not coming to my court. I said, I'm not coming to the court. I said, if I'm not coming to the
[11:21.020 --> 11:25.020] court, I'm going to pay the ticket. So he pulled his night stick out. I said, whoa, I'm coming
[11:25.020 --> 11:30.380] out the truck. I stepped out the truck, he roughed me up, slammed me against the, what you call it,
[11:30.380 --> 11:36.060] put me in handcuffs. I put my hands behind my back and he put me in handcuffs, took me back to the
[11:37.580 --> 11:44.300] car and started writing. But make the long story short, as we was in the car video,
[11:44.300 --> 11:49.020] I pleaded with this man. I said, look, every dinner there was a misunderstanding.
[11:49.020 --> 11:53.580] I said, I've been through this before. You write a ticket. The person had the option
[11:54.140 --> 11:58.540] to either pay the ticket, but they don't pay the ticket by the court date. They have to go on the
[11:58.540 --> 12:04.060] court. I said, I told you that, no, you were my, you were my, but he was talking about,
[12:04.060 --> 12:10.220] I called him on a bad day and everything. And then for what I did, I treated him bad because
[12:10.860 --> 12:17.980] I didn't open my door for him. And all this, I'm recording him and trying to get you to pay me.
[12:19.020 --> 12:22.300] Okay. So that's why he arrested you, roughed you up?
[12:23.900 --> 12:28.380] Yeah, he arrested me. And this is what he told, all this on video, but this is even what he told
[12:28.380 --> 12:34.940] my, my boss, because he had to contact them and tell them he was impounding their truck.
[12:35.900 --> 12:38.060] And he told me, he said, for his choice of word.
[12:41.580 --> 12:45.660] So he, and I pleaded with it. I said, man, look, please don't do that.
[12:45.660 --> 12:49.580] I said, we don't have to, I said, I started the ticket. I said, we don't have to come to this
[12:49.580 --> 12:54.300] point. Oh no, we're, we're past that point. Okay. Here's past that point. Now you need
[12:54.300 --> 13:00.060] to file criminal charges against him for aggravated assault and official oppression
[13:00.060 --> 13:05.660] by a professional conduct complaint against him and see if you can't help out, help him have a
[13:05.660 --> 13:11.420] better attitude. Okay. Now, can I hear what Intercom was in the state commerce?
[13:13.820 --> 13:20.140] Okay. Say that again. Would I be at a file title 18 against him for Intercom with Interstate Commerce?
[13:20.140 --> 13:27.100] No. Because he can. Okay. Okay. He didn't really interfere with your commerce. He stopped you
[13:27.100 --> 13:32.860] for a traffic citation, but then, then all of this other stuff he did to punish you with.
[13:34.300 --> 13:37.900] Yeah. So you did what you did. You're going, you're going to be punished for it.
[13:39.100 --> 13:43.980] Okay. Now see if you can't punish him back. This is how we get these guys back in control.
[13:43.980 --> 13:51.740] And you broke kind of some of my rules. Never argue with policemen on the street.
[13:52.780 --> 13:59.580] Don't even talk to them. You can vote it. Never give him any advice. Never tell him what you're
[13:59.580 --> 14:09.900] going to do. It always leads to bad outcomes. They are always looking for a reason to claim
[14:09.900 --> 14:20.060] that you were agitated. The one thing they can't accuse you of being agitated for if not talking.
[14:21.820 --> 14:24.380] And why did you tell him who was being recorded?
[14:27.980 --> 14:30.940] I thought you have to give notice that they're being recorded.
[14:32.060 --> 14:35.820] No. Not in most states. The only state I know of is Pennsylvania.
[14:35.820 --> 14:43.900] But with the changes in the federal rules, I doubt that that's the case any longer,
[14:43.900 --> 14:53.740] if he is a public official. Never give notice. Do ask him if he has his body chem turned on.
[14:56.140 --> 14:59.980] If he says no, then you don't talk to him till he turns his camera on.
[14:59.980 --> 15:09.100] Okay. Gotcha. But do not tell them what the law is. Do not tell them what your rights are.
[15:10.300 --> 15:15.740] If they don't know, they should know. And above all, do not tell them what you're going to do.
[15:17.260 --> 15:23.500] If you tell them what your rights are or what their duty is, they're always going to take that
[15:23.500 --> 15:33.820] as a threat. They're trained in a military style. Any resistance, anything at all that they can,
[15:33.820 --> 15:41.740] in any way, construe his resistance, terrifies them. And they're taught to be terrified if you
[15:41.740 --> 15:47.260] don't do exactly what you're told, when you're told, how you're told, without any objection or
[15:47.260 --> 15:55.340] resistance, it terrifies them. You got a guy there that's terrified with a pistol. And that is a
[15:55.340 --> 16:04.060] really bad combination. So don't give him any fair warning. Bushwack is way better.
[16:05.740 --> 16:14.780] I take it you have his name on the citation. Yes. Okay. Then do a little research in Indiana.
[16:14.780 --> 16:25.420] Now, find out who is the, what is the agency that certifies peace officers?
[16:27.500 --> 16:36.700] And once you get them, send a complaint against him to that agency. Send a complaint. He's a
[16:36.700 --> 16:44.140] state trooper, so send a, send a complaint to, against him to the Indiana Highway Patrol.
[16:47.980 --> 16:53.420] Okay, hang on. I think we're about to go to break. My camera keeps running. Yeah. My
[16:53.420 --> 16:57.340] clock keeps rolling on the screen. Hang on. We'll be right back. Okay.
[16:57.340 --> 17:06.380] Thank cookie cookie. We love cookies. Oh, hi, cookie munchers. No, these are yucky cookies.
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[17:12.620 --> 17:18.060] No, can't eat. No, they are cyber cookies and they clog up your computer. These have apples.
[17:18.060 --> 17:26.300] Really? Oh, that's an actual apple. Yummy apple. I'm going to throw away these yucky cookies in
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[18:02.620 --> 18:07.820] with phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael
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[18:59.660 --> 19:23.260] next, you are listening to the Logos Radio Network. LogosRadioNetwork.com.
[19:30.380 --> 19:42.300] Okay, we are back. Randy Kelton, Deborah Stevens, rule of law radio on this the 18th day of January
[19:42.300 --> 19:48.780] 2018 and we're going to Jermaine in Alabama. Okay, go ahead Jermaine.
[19:50.780 --> 19:58.460] All right, so after they arrested me, there was a couple days ago, they are or are me,
[19:58.460 --> 20:04.460] let me release me on ROR and they release me. Wait a minute, wait a minute, wait a minute,
[20:04.460 --> 20:16.060] I really hate acronyms. What's a ROR? When they release on recognizance or something like that.
[20:16.620 --> 20:21.260] Oh okay, personal recognizance is spawned. Yeah, so it was me on.
[20:21.260 --> 20:29.420] He arrested you, he told you truck in and then they let you sign the ticket and go.
[20:29.820 --> 20:38.060] What it cost you to get the truck out? Well, it cost the company right at a thousand dollars.
[20:40.140 --> 20:47.020] Wow. But I lost my job behind this, lost my job behind this and I told the guy before he even
[20:47.020 --> 20:52.140] went to this point said, man, by you doing this, man, you're going to cause me to lose my job,
[20:52.140 --> 20:59.420] can't feed my family, all that. He didn't care. Good, see if you can return the favor.
[21:00.620 --> 21:07.100] Then since he cost you your job, then you need to file suit against him and the department.
[21:09.180 --> 21:14.540] Okay, now where he took me, just all this took place in Kentucky,
[21:14.540 --> 21:20.220] there was this Kentucky State Police. Now what he took me was, he took me to Bearing County,
[21:20.220 --> 21:29.420] which was 15 miles off of I-65 right at Glasgow. Oh, he didn't take you directly to the nearest
[21:29.420 --> 21:35.020] magistrate? I asked him to. I asked him, I said, can you take me to the nearest magistrate? He said,
[21:35.020 --> 21:39.660] oh, it's not work like that in here. So I looked it up, why he hadn't let me keep my phone in the
[21:39.660 --> 21:46.860] car. So they look at it as judges and he says he must undo the lay, take it to the nearest judge.
[21:47.660 --> 21:50.300] Okay, filed criminally against him for that one.
[21:53.580 --> 22:01.900] So now when they release me, they release me during the daytime, but it is cold outside and
[22:01.900 --> 22:11.420] I have no way of getting home, no money. I just got my phone back and my family
[22:11.420 --> 22:18.780] trying to help me get home and the nearest Greyhound is 30 miles. And I'm like, I can't make 30 miles.
[22:18.780 --> 22:24.460] I can't hike 30 miles to Bowling Green to catch the Greyhound bus. So happened, I went to a
[22:24.460 --> 22:30.380] dollar general and he called a sheriff friend and the guy was so happy to take me down to the bus
[22:30.380 --> 22:36.060] station. Is it, can I charge him with what you say when they put you so far out like that?
[22:38.700 --> 22:41.260] You could charge him. What was the temperature out?
[22:43.180 --> 22:52.140] Man, the temperature or the temperature was, it was, it had to be man, it was 90 degrees in
[22:52.140 --> 22:58.300] Alabama. So I'm thinking if I probably could go back and look at the, you can check it.
[22:58.300 --> 23:03.260] Okay. That I would charge him with, with depraved heart assault,
[23:05.740 --> 23:11.100] depraved heart assault. It's such a good name. It sounds so awful.
[23:13.980 --> 23:17.500] But he took you out of your car, which is heated. He
[23:19.740 --> 23:25.500] dumped you out 30 miles from the nearest bus station without adequate clothing in nine degree
[23:25.500 --> 23:30.860] weather. I put your life at risk. That's depraved heart assault.
[23:35.820 --> 23:38.700] So charge him with it and take that to a magistrate.
[23:40.780 --> 23:45.900] Okay. Any magistrate here in Alabama will do.
[23:45.900 --> 23:55.580] This is, this raises a question. Since you were traveling in your domicile in Alabama,
[23:56.300 --> 23:57.500] Alabama or Tennessee?
[23:59.020 --> 23:59.500] Alabama.
[24:00.380 --> 24:04.860] Okay. You might file against him in the federal court
[24:04.860 --> 24:16.220] in Alabama. Visual oppression, 18 us go to 42.
[24:18.300 --> 24:22.940] And then forced state of Kentucky to have tire lawyers to go down to Alabama
[24:22.940 --> 24:24.860] into the federal court and fight this issue.
[24:24.860 --> 24:34.300] They are not going to be happy with this highway patrol guy,
[24:38.140 --> 24:40.540] but introducing to the deep end of the pool.
[24:42.300 --> 24:50.860] I have a lot of stuff that I got from Eddie on title, title 242 18 and all that 242 and title 18.
[24:50.860 --> 24:57.420] It's one of the things with this tool that I'm building that I will get to
[24:58.460 --> 25:04.540] is a questionnaire that will build you a 42 is code 1983 suit.
[25:06.300 --> 25:10.780] The questionnaire will ask you for all of the elements that are required to be there.
[25:12.220 --> 25:17.180] And then once you develop an element like 18 us go to 42,
[25:17.180 --> 25:23.900] then it'll ask for all of the elements of the crime of official oppression.
[25:25.260 --> 25:28.220] It'll develop everything that needs to be in the case.
[25:29.340 --> 25:33.580] He just answered the questionnaire and it'll spit the suit out and you decide and send it.
[25:35.980 --> 25:42.860] And it will write the claim in a way that will be designed to get around the rule 12
[25:42.860 --> 25:50.140] motion to dismiss for favorite state of claim. We will have a state of claim stated.
[25:50.140 --> 25:55.660] And when we start start bringing and then you file a since you lost your job,
[25:56.460 --> 26:02.700] you file a motion for inability to pay and you figure out how much you'd make on that job
[26:02.700 --> 26:05.420] in the next two years and sue that officer for that amount.
[26:05.420 --> 26:19.340] Assault is not within scope. So you charge him criminally what keeps you in the court is not
[26:19.340 --> 26:28.780] what you can prove up to in the court is the claim that you made. If you claim that the officer
[26:28.780 --> 26:36.540] acted outside of scope and committed crimes against you, crimes are not within the scope
[26:36.540 --> 26:45.100] of his authority. So that sticks him in the fed. And then the main thing you want to get to is
[26:45.100 --> 26:49.900] discover. You want to start, you want to see if he was following policy, if he's following policy,
[26:49.900 --> 26:59.420] then you get to sue the whole state. Good chance you can get him down in the fed in
[26:59.420 --> 27:05.820] Alabama. They're likely to come to you to make a deal so they don't have to spend all that money
[27:05.820 --> 27:20.620] on attorney fees. And this cop, when you sue one of them, their bosses are not happy campers. Because
[27:20.620 --> 27:27.180] then everybody reads what this guy did. Everybody looks at it. When you file criminal charges against
[27:27.180 --> 27:33.580] him, then you file him with the local district attorney and when he receives, don't them,
[27:33.580 --> 27:40.700] then you file against the district attorney. Now we have a special statute in Texas that
[27:43.260 --> 27:48.460] takes away any discretion in the matter of a complaint against a public official.
[27:50.620 --> 27:57.900] We may or may not have that special statute in Kentucky, but it doesn't matter.
[27:57.900 --> 28:09.740] You can accuse the prosecutor of shielding from prosecution. The prosecutor is going to claim
[28:09.740 --> 28:16.140] he has prosecutorial discretion. He can determine whether or not there's sufficient evidence to
[28:16.140 --> 28:24.940] believe that a crime is being committed. What he can't do is decide who he wants to prosecute
[28:24.940 --> 28:32.780] and who he does not want to prosecute. He may have some discretion, but he does not have caprice.
[28:34.620 --> 28:39.580] You can't just do whatever he feels like doing. So you file against him,
[28:41.020 --> 28:44.940] and he is not going to be happy. You also make sure you bar grieve him.
[28:46.940 --> 28:53.340] And you file against him with a district judge, the highest level judge. I'm not sure what the
[28:53.340 --> 29:00.380] levels of judges are in Kentucky, but most every state has a county judge and then a district
[29:00.380 --> 29:04.780] wide judge, whatever they happen to call them. You file with that district judge, and then when
[29:04.780 --> 29:09.660] he doesn't act on it, then you file against the district judge, and the district judge is really,
[29:09.660 --> 29:14.540] really going to be unhappy. And everybody's going to see this as it all came from this officer,
[29:15.500 --> 29:20.300] and they are not going to be happy with this officer. When the district judge gets criminal
[29:20.300 --> 29:26.140] complaints against him, ultimately because of what this officer did, they are not going to
[29:26.140 --> 29:30.540] be happy. Hang on, about to go to break. This is Randy Kelton, Debra Stevens,
[29:30.540 --> 29:37.100] route of law radio, our call in number 512-646-1984. If you have a question or comment,
[29:37.100 --> 29:54.780] give us a call. We're going to have the call lines open all night. So hang on, we'll be right back.
[29:54.780 --> 30:08.300] Get out a hat and sunglasses. In San Diego, law enforcement agents are using video surveillance
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[33:14.300 --> 33:17.660] Yes, Mr. Office, I was thinking to lie in the head.
[33:17.660 --> 33:25.100] I want you to follow the law of the land. I don't have to spend.
[33:26.780 --> 33:31.660] Good job is difficult to conserve, not to beat other bees.
[33:34.860 --> 33:41.180] Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio on this 18th day of January,
[33:41.180 --> 33:50.540] 2018, and we're talking to Jermaine in Alabama. Okay, it costs a couple hundred bucks to
[33:50.540 --> 33:56.380] file a federal lawsuit, but since you got fired, didn't you file an informant popperous?
[33:57.900 --> 34:04.060] They don't cost you anything, and you can really wind these guys' clocks.
[34:04.060 --> 34:12.220] If you win or don't win, this is how you get on their list not to mess with this guy.
[34:14.380 --> 34:18.140] And this guy cost you your job. You can make a pretty good claim against him.
[34:19.900 --> 34:26.060] And what did he do with going too fast for conditions? Was there snow on the road?
[34:26.060 --> 34:34.780] Yeah, that was snow on the road. But was traffic moving at that speed?
[34:37.260 --> 34:40.940] Yeah, traffic was okay. Go ahead.
[34:40.940 --> 34:53.500] Jermaine, I think I'm losing you. Okay, you're done. I'm just getting bits and pieces.
[34:56.700 --> 34:59.820] Okay, I'm losing you, Jermaine. I'm going to have to go to my next caller.
[34:59.820 --> 35:06.620] Okay, now we're going to Jeff and Miss Sippy. Hello, Jeff. Hey, Randy. Thanks for having me on.
[35:06.620 --> 35:10.700] If you are welcome, what do you have for us today?
[35:13.100 --> 35:17.420] Well, I called in and asked a couple of questions that were fast,
[35:18.060 --> 35:22.540] and I want to slow down and go in and zero in on one question.
[35:23.500 --> 35:32.300] Okay. And that was the question about motions. And what I want to do is I want to split it into two.
[35:32.300 --> 35:38.940] So, I had a, just to catch the listeners up, I had a gun charge on a campus several years ago,
[35:38.940 --> 35:46.620] and I went to trial, filed motions, and they had a motions hearing right on the same day of the trial,
[35:47.340 --> 35:53.820] and I went in and argued those motions. But after listening to the show for a couple of years,
[35:54.860 --> 36:01.420] I found out that they've only got 30 days to respond to those motions, and they never did.
[36:01.420 --> 36:08.380] So, instead of going in and arguing at trial the motions themselves, I should have gone in
[36:08.380 --> 36:13.980] and objected and said that the prosecuting attorney just never answered my motion to begin with.
[36:14.940 --> 36:20.300] Is that correct? Yes. Okay. I didn't do that at the time.
[36:22.780 --> 36:25.900] It's too late to do that at this late a date.
[36:25.900 --> 36:32.620] Oh, yeah. That's been a couple of years ago. I was just, I was just wanting to know. Now,
[36:32.620 --> 36:40.700] I've got a traffic ticket, and I have filed a motion with the prosecuting attorney for discovery,
[36:41.580 --> 36:46.940] and they have not responded to that motion. However, they've set a trial date.
[36:48.380 --> 36:53.740] Have you looked at the criminal procedure code in this ticket in Missouri?
[36:53.740 --> 36:59.340] Yes. Have you looked at the criminal procedure code in Missouri?
[37:01.340 --> 37:07.420] On discovery? On discovery, no, because I didn't think this was criminal.
[37:08.780 --> 37:16.140] Okay. Yeah, it is criminal. Well, it's either criminal or quasi-criminal in every state,
[37:17.100 --> 37:20.940] and in either case, you have a right to discovery. What you want to look for is something like the
[37:20.940 --> 37:29.820] Michael Morton Act, where in the Michael Morton incident, the prosecutor withheld information,
[37:29.820 --> 37:32.700] exculpatory information that would prove he was innocent.
[37:34.700 --> 37:41.660] And a lot of states past updated their laws to address that issue. And what the Michael Morton
[37:41.660 --> 37:47.820] Act says is the prosecutor must provide discovery at least 30 days before trial. You want to see
[37:47.820 --> 37:55.180] if there's something similar in Missouri. Because what I'm about to do on the 5th of February,
[37:55.180 --> 38:04.700] when I go to court on this traffic ticket, is I filed a Brady Motion. I didn't get any discovery.
[38:06.460 --> 38:12.540] So I'm going to file an official oppression charge against the prosecutor for not producing
[38:12.540 --> 38:25.020] discovery. And we'll get the judge jumping up and down. And I'll file a motion to dismiss
[38:25.580 --> 38:35.420] for no examining trial and all that, but that's off the point. But let's take them to task.
[38:35.420 --> 38:40.460] They want to fight you in the court. Let's really take them to task. Have you filed anything? Okay,
[38:40.460 --> 38:45.260] you filed this discovery. Have you filed anything else with the Missouri Court?
[38:47.260 --> 38:53.820] I filed an affidavit and I filed a challenge to subject matter jurisdiction.
[38:55.260 --> 39:00.940] Okay, good. Motion to dismiss. How did you get the subject matter jurisdiction in Missouri?
[39:03.340 --> 39:10.220] What you mean, what did I put on my? Yeah, what was the nature of the claim? These are state
[39:10.220 --> 39:18.780] police. So they obviously had authority to enforce. So how did you get the subject matter jurisdiction?
[39:20.380 --> 39:28.940] I bypassed a way scale because we have computers in the truck that blink to tell us to go into
[39:28.940 --> 39:36.780] the way scale. Mine didn't blink. So unfortunately, I went past it, then they stopped me. And I found
[39:36.780 --> 39:45.020] out from my dispatcher that the way scale, the state police way scale, had turned off their signal.
[39:46.780 --> 39:51.420] So I put in my challenge to jurisdiction that the officer made a false statement when he claimed
[39:51.420 --> 39:57.500] that he had probable cause because they intentionally turned off the signal. Also, my ticket states,
[39:59.580 --> 40:05.420] my ticket states on the ticket, the officer said that I was driving empty. So he admitted
[40:05.420 --> 40:11.660] that I was driving empty. So then I put that on my challenge to jurisdiction also that I was driving
[40:11.660 --> 40:19.980] empty and was not in commerce, shouldn't have been stopped. Good. Did you include a verified
[40:19.980 --> 40:27.740] criminal affidavit against the officer for aggravated perjury? No, my affidavit just restated what was
[40:27.740 --> 40:34.300] on the subject matter. You might want to prepare a criminal complaint against the officer and file
[40:34.300 --> 40:45.020] it with the court. With the same court? Yeah. Judge is a magistrate. And in this case, the magistrate
[40:46.060 --> 40:49.900] while in the performance of the judge, while in the performance of his duty,
[40:50.460 --> 40:57.020] has it made known to him that a crime has been committed? That invokes his duty as a magistrate.
[40:57.020 --> 41:05.260] And you maintain that if you gave notice, even in the documentation, you claim that the
[41:06.700 --> 41:11.580] officer committed aggravated perjury and you have evidence to establish it,
[41:12.220 --> 41:19.340] you can maintain that the judge had a duty to convene an examining trial based on your accusation.
[41:19.340 --> 41:33.100] And the criminal complaint from the individual doesn't really have a specific form because
[41:33.100 --> 41:40.780] you're construed to be a non-professional. It's the prosecutor who must take a complaint and
[41:40.780 --> 41:49.660] convert it into proper form by producing an information. So you gave the judge notice by
[41:49.660 --> 41:56.860] affidavit that the police officer committed aggravated perjury. Now you've claimed that
[41:56.860 --> 42:02.940] the judge shielded the officer from prosecution by failing to perform his duty as a magistrate.
[42:02.940 --> 42:14.780] They want to hold you to fine point of law? Dance with them. Okay. And this is just a ticket.
[42:14.780 --> 42:21.740] There's not much they can do but what they intend to do anyway. So they don't really have much
[42:21.740 --> 42:31.020] leverage here. You might get them to want this ticket to go away. Okay. This complaint will be
[42:31.020 --> 42:38.860] also in the form of an affidavit. So how would you title that? No, no, no. You need to look in,
[42:38.860 --> 42:43.340] do some research in Missouri and see what criminal complaints look like in Missouri.
[42:43.340 --> 42:51.260] In most states, criminal complaints look like a motion. They use the state standard motion heading.
[42:52.380 --> 42:59.820] Texas is peculiar in that it says a complaint must run in the name of under the authority
[42:59.820 --> 43:07.020] of the state of Texas. So criminal complaints in Texas start with in the name of and under the
[43:07.020 --> 43:13.420] authority of the state of Texas. But most other states, it looks just like the emotion headings,
[43:14.380 --> 43:19.900] except instead of a name of a motion, you put criminal complaint and then just fill it out,
[43:20.860 --> 43:25.180] have it verified and file it with the court. They're going to look at it like it's a motion.
[43:25.180 --> 43:32.620] Surprise, surprise. Now, when you have been verified, does that mean that it needs to be
[43:32.620 --> 43:40.620] notarized? Yeah, that means notarized. Verified or acknowledged is notary. You can also have it
[43:40.620 --> 43:46.220] signed by two witnesses, but notary is better if you send it to a court. Hang on, we're about to
[43:46.220 --> 43:54.140] go to break. Randy Kelton, Deborah Stevens, rule of law radio, we're calling number 512-646-1984.
[43:54.140 --> 43:55.420] We'll be right back.
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[46:25.500 --> 46:34.620] Okay, we are back. Randy Kelton, Debra Stevens, rule of law radio, and we're talking to Jeff
[46:34.620 --> 46:41.580] in Mississippi. Jermaine, I see you there. Sorry I had to drop you, but you dropped out on me. I
[46:41.580 --> 46:45.500] had too much dead air, so I had to move on up. I'll pick you up since I get done with Jeff.
[46:45.500 --> 46:49.020] Okay, Jeff, you said you had a couple of questions.
[46:49.020 --> 47:01.260] So I'm going to file the criminal complaint. Now, I remember that an unrefuted affidavit
[47:01.260 --> 47:11.340] stands as truth, and I think that was pool versus state. So am I expecting a refute through the mail
[47:11.340 --> 47:17.580] and if I don't get it, then do I want to do a motion to dismiss because the prosecuting attorney
[47:17.580 --> 47:24.940] never answered my affidavit? This is an issue I haven't got sorted out yet.
[47:27.260 --> 47:31.900] I had judges tell me that a prosecutor doesn't have to respond to a motion.
[47:33.900 --> 47:38.300] I haven't found any support for that other than them saying it.
[47:38.300 --> 47:48.140] I can't find anything on it in code of criminal procedure. So it seems like they just kind of
[47:48.140 --> 47:54.860] make up stuff. I would sure want to bring this issue and you do it with a summary judgment.
[47:58.620 --> 48:01.500] Because if it's in a similar case, that's exactly what would happen.
[48:01.500 --> 48:06.940] But this is something over which there are no rules.
[48:09.580 --> 48:15.260] So it would seem that the courts are ruling that a prosecutor can do anything he wants to.
[48:18.460 --> 48:25.020] That all he has to do is ignore your motion and then you're left with no motion. He can come into
[48:25.020 --> 48:33.340] court and practice surprise against you. And as far as I know, the only time you can't do surprise is
[48:34.700 --> 48:39.420] I'm sorry, the one only time you can do surprise is if you're the defendant in a criminal trial,
[48:40.060 --> 48:48.860] not the prosecutor. And I did that to the judge in Highland Park when the prosecutor
[48:48.860 --> 48:54.700] hadn't answered my motions and I told him that I object to this prosecutor saying anything about
[48:54.700 --> 49:00.060] this because he didn't answer my motion and anything he says now would constitute surprise.
[49:00.940 --> 49:07.100] And the judge was taken aback by that. But he didn't stop the prosecutor.
[49:08.700 --> 49:16.780] So when we come to this next hearing, anything that wasn't addressed in this garbage motion,
[49:16.780 --> 49:25.420] the garbage response he filed, I'm going to object to a surprise. And so I don't know how they get
[49:25.420 --> 49:34.380] by with not responding. They certainly should get a bar grievance. And I would say a judicial
[49:34.380 --> 49:42.940] conduct complaint against the judge when he lets them do it. And the bar is going, and the judicial
[49:42.940 --> 49:48.060] conduct complaint, they're going to say that they can't get into the rulings that he makes,
[49:48.060 --> 49:57.340] but it goes on his record anyway. So it stings him. All right. Well, what I'm starting to see,
[49:57.340 --> 50:02.460] or what I'm kind of predicting, is that since they know that I'm a truck driver,
[50:03.180 --> 50:10.060] they're going to set a trial date and hope that I don't show up because I'll be driving in Canada
[50:10.060 --> 50:16.300] somewhere. Because it will be hard to stop a truck and then have to travel to Missouri.
[50:18.380 --> 50:21.820] And yeah, they know that. And they pretty well count on being able to just
[50:22.860 --> 50:28.380] steal your money. This guy knew that was inappropriate when he did it. So if you show up
[50:29.740 --> 50:36.700] and they don't have the hearing, then you charge the court with abuse of process.
[50:36.700 --> 50:44.620] And there you should be able to charge them civilly or at least make a claim against their bonds.
[50:47.500 --> 50:52.300] And we just, I just had somebody do this the other day where they were called into court
[50:52.300 --> 50:55.980] three different, they asked for a jury trial and they come to court three different times.
[50:55.980 --> 51:01.980] And for some reason they couldn't have the trial. So clearly this was just diesel therapy.
[51:01.980 --> 51:07.500] They're forcing them to lose day's work because they had to gall to fight the ticket.
[51:08.380 --> 51:13.100] And every time that happens, I'm suggesting you file an abuse of process.
[51:15.260 --> 51:19.500] That's a crime in every state. And then you file a judicial
[51:19.500 --> 51:22.780] conduct complaint against the judge. The judge is not going to be happy.
[51:25.100 --> 51:28.700] All right. Now if I do show up and they have the hearing,
[51:28.700 --> 51:34.540] do I want to object that I never had my affidavit motion answered?
[51:35.420 --> 51:42.700] Yeah. You move the court to rule, to take judicial notice of all of the facts in your affidavit
[51:44.380 --> 51:49.340] and take judicial notice that all those facts are unrefuted. And then when the prosecutor
[51:49.340 --> 51:55.900] tries to refute the facts, you object as surprise. You file these in a written motion
[51:55.900 --> 52:03.180] and the prosecutor had a duty to respond in writing if he had an opposition, but he didn't.
[52:05.980 --> 52:08.140] They're going to rule what they want to rule anyway.
[52:09.900 --> 52:14.460] But if you want to, let's say that again.
[52:16.140 --> 52:20.940] And after that, do I want to move the court for a summary judgment?
[52:20.940 --> 52:25.820] Absolutely. In person, in personum?
[52:27.020 --> 52:32.060] In personum. Well, while I'm standing there?
[52:32.860 --> 52:35.420] Yeah. Yeah. Why are you standing there? Did you burble? Yes.
[52:37.340 --> 52:40.700] Okay. You ought to file a motion for summary judgment.
[52:43.740 --> 52:49.340] Written one. Okay. A written one based on all those that it was unrefuted and
[52:49.340 --> 52:58.380] followed. Yeah. Have one written up. Sometimes they can file a response within a day before
[52:58.380 --> 53:03.100] hearing. So, have one written up. If you don't have one when you walk in the courtroom, just file
[53:03.100 --> 53:08.860] that motion for summary judgment. Well, file it before I get in there.
[53:09.580 --> 53:12.540] Yeah. I mean, ask them to rule on it first because it's dispositive.
[53:12.540 --> 53:20.460] Okay. And have they already ruled on your subject matter jurisdiction challenge?
[53:22.140 --> 53:28.380] No. I haven't gotten any letters back. Oh, okay. So, if they can't have a trial,
[53:28.380 --> 53:38.460] they've got to have a motion hearing. It just occurred to me that a challenge to
[53:38.460 --> 53:45.500] subject matter jurisdiction and summary judgment are both dispositive. So, if you get a negative
[53:45.500 --> 53:51.980] ruling on a dispositive motion, then that goes to interlocutory appeal.
[53:54.940 --> 54:02.220] You could push them out to the appeals court before you even get an adjudication.
[54:02.220 --> 54:09.660] A final adjudication. Explain that one more time.
[54:10.940 --> 54:17.340] Whenever you have a dispositive motion, dispositive means the ruling in your favor would dispose of
[54:17.340 --> 54:23.260] the case. If you get a negative ruling on a dispositive motion, that's grounds for
[54:23.260 --> 54:27.660] interlocutory appeal. So, you don't have to wait for a final adjudication.
[54:27.660 --> 54:34.780] You can appeal the summary judgment and the subject matter jurisdiction challenge
[54:35.820 --> 54:37.500] before the case is finished.
[54:39.820 --> 54:45.180] If you jerk them out into the appeals court, you appeal it and ask for a declaratory judgment.
[54:47.340 --> 54:53.420] Okay. So, at my hearing, I would show up for the trial, but it would be a motion hearing,
[54:53.420 --> 55:00.860] and the judge would overrule my subject matter jurisdiction challenge, and then from right
[55:00.860 --> 55:03.420] there, all I have to do is just sit down and not say anything.
[55:04.460 --> 55:11.900] Well, then you, okay, you said when I show up for my trial, do you have a summons that summons you
[55:11.900 --> 55:21.180] to trial? So far, I do not. I called the court, and the clerk told me that I had a trial date,
[55:21.180 --> 55:26.860] but I don't have a letter, and when I look on the computer, it says not disposed.
[55:28.540 --> 55:35.180] So, you need to send them a letter asking them to set a hearing date for your motions.
[55:38.940 --> 55:47.100] Okay. And I would always put in mind a request that the judge rule on the pleading
[55:47.100 --> 55:55.660] subject or an argument, and request that you be able to appear by phone because you're a truck
[55:55.660 --> 56:05.420] driver and it's an undue burden to appear otherwise. Okay. He's probably going to deny it,
[56:06.380 --> 56:12.140] but at least you get it in there. I got it. This sounds like a lot of fun.
[56:12.140 --> 56:21.180] It's good practice. Yes. All right, Randy. Well, thank you. I will move on to your next caller.
[56:22.060 --> 56:28.060] Okay. Thank you, Jeff. Okay. Now we're going back to Jermaine in Alabama.
[56:29.820 --> 56:32.300] Okay, Jermaine, when we lost you, where were we?
[56:34.540 --> 56:37.260] We were talking about filing a federal suit against them.
[56:37.260 --> 56:46.700] Yes. Okay. Did you have any questions about that?
[56:53.260 --> 56:58.940] Maybe so, but you said, I want to elaborate something you said with that last call you
[56:58.940 --> 57:03.900] speaking with about filing criminal complaints into the case. Can I do the same thing?
[57:03.900 --> 57:10.300] Sure. They're going to treat them as if they're filed in the case,
[57:11.260 --> 57:17.020] but in fact, you're filing them with the judge in his capacity as a magistrate.
[57:18.380 --> 57:21.740] And he's going to say, you can't file these in this case. And you say, you're not.
[57:22.780 --> 57:26.780] I said, you're giving him notice that a crime has been committed. You expect him to hold an
[57:26.780 --> 57:34.060] examining trial. And of course he's going to refuse. And then you get to prepare criminal complaints
[57:34.060 --> 57:39.500] against the judge for official misconduct, failing to perform a duty he's required to perform
[57:40.540 --> 57:47.260] and shielding this trooper from prosecution. Then you start muddying the judge's water.
[57:47.260 --> 58:01.820] Okay. Gotcha. It'll be interesting. You'll at least get them to where they don't ever want to
[58:01.820 --> 58:11.580] pull you over again. Okay. Do you have anything else for us? Or are we done here?
[58:11.580 --> 58:19.260] Yeah, I can't read from my mind kind of blank. So if I get anything else, I can I call tomorrow.
[58:19.260 --> 58:26.460] I call tomorrow night. Okay. Thank you, Jermaine. This is Rand Hilton,
[58:26.460 --> 58:33.740] Deborah Stevens, Reuva Radio, our call in number 512-646-1984. It's kind of slow tonight. We have
[58:33.740 --> 58:40.300] an open board. So we have a question or a comment. Give us a call. We've got another hour tonight.
[58:40.300 --> 58:42.300] But we'll be right back.
[58:50.300 --> 58:55.820] The Bible remains the most popular book in the world. Yet countless readers are frustrated
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[59:37.900 --> 59:49.980] toll free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com.
[59:49.980 --> 59:59.180] You're listening to the Logos Radio Network at www.logosradio-network.com.
[01:00:02.700 --> 01:00:06.620] The following is flashes brought to you by the Lone Star Lowdowns.
[01:00:07.660 --> 01:00:13.740] Markets for Monday, the 8th of January, 2018, open with gold at $1,320 and two cents an ounce,
[01:00:13.740 --> 01:00:22.860] silver $17.20 an ounce, Texas Crude $61.44 a barrel, Bitcoin $16,020.30, while Bitcoin cash
[01:00:22.860 --> 01:00:31.340] is at $2,757.56. Finally, dash coins at $1,284.36, a crypto coin.
[01:00:34.780 --> 01:00:40.940] Today in history, the year 1835, the United States government national debt is zero for the
[01:00:40.940 --> 01:00:46.700] first time and presumably only time in the government's existence. Zero government debt?
[01:00:46.700 --> 01:00:54.140] Today in history. In recent news, the president will undergo a two-hour physical exam which will
[01:00:54.140 --> 01:00:59.180] include urine blood analysis, cardiac evaluation, and some more personal prying with sleeping habits
[01:00:59.180 --> 01:01:03.980] and even his romantic life being discussed with the multi-administration presidential physician.
[01:01:03.980 --> 01:01:07.900] It seems the president may be wanting to later rest the recent lineup of criticisms
[01:01:07.900 --> 01:01:11.820] questioning his mental health and stability. Apparently some of the president's more recent
[01:01:11.820 --> 01:01:16.860] tweets directed towards North Korea's Kim Jong-un and the author of the book Fire and Fury,
[01:01:16.860 --> 01:01:21.100] Michael Wolfe, has many thinking that the president should perhaps be more articulate
[01:01:21.100 --> 01:01:22.860] and less rash with his tweets.
[01:01:25.900 --> 01:01:29.820] U.S. District Court Judge Gloria Navarro dismissed cases against Nevada Rancher
[01:01:29.820 --> 01:01:33.660] Cliven Bundy, two sons and a Montana militiaman today.
[01:01:33.660 --> 01:01:38.220] Judge ruled that the government's lawyers suppressed footage from several cameras that were
[01:01:38.220 --> 01:01:42.380] set up by the FBI around the Bundy's family home that would have been favorable in the
[01:01:42.380 --> 01:01:46.940] defendant's case. When Mr. Bundy was released today Monday after leaving the courthouse,
[01:01:46.940 --> 01:01:51.580] he told reporters that I've been a political prisoner for 700 days. He hadn't seen his
[01:01:51.580 --> 01:01:55.740] wife for nearly two years due to the fact that he had refused any conditional release
[01:01:55.740 --> 01:01:58.380] which required him to forfeit his trial by jury rights.
[01:01:58.380 --> 01:02:05.740] Former Google engineer James D'Amore filed a class action lawsuit against the Alphabet
[01:02:05.740 --> 01:02:10.540] Corporation on Monday claiming that it discriminates against white men and those with conservative
[01:02:10.540 --> 01:02:15.100] leaning views. D'Amore was terminated for dismantling a memo essentially questioning
[01:02:15.100 --> 01:02:19.980] the company's diversity policies. The suit is basically arguing that Google employees who
[01:02:19.980 --> 01:02:25.660] express views deviating from corporate sentiments on politics and practices like diversity hiring
[01:02:25.660 --> 01:02:32.140] policies by a sensitivity and social justice were singled out, mistreated and systematically
[01:02:32.140 --> 01:02:36.700] punished and terminated from Google. Google spokesman Tasha Parr sent a response that
[01:02:36.700 --> 01:02:56.700] we look forward to defending against Mr. D'Amore's lawsuit in court.
[01:04:06.700 --> 01:04:23.740] Okay, we are back. Randy Kelton, Debra Stevens, Reuval Radio and before I go to Larry in Arizona,
[01:04:24.860 --> 01:04:32.300] when I started today I was talking about the traffic ticket website and I mentioned the e-book.
[01:04:32.300 --> 01:04:42.380] We haven't talked about that a lot but if you have legal issues we have some very effective
[01:04:42.380 --> 01:04:52.380] resources. One of them is of course my e-book and Eddie's traffic seminar and also Jurisdictionary.
[01:04:52.380 --> 01:05:01.420] Jurisdictionary is a very powerful tool. If you have legal issues that or even if you don't have
[01:05:01.420 --> 01:05:08.140] legal issues you don't want to have to be afraid of the system. The greatest value that I've got
[01:05:08.140 --> 01:05:17.900] from doing what I do is policemen don't get me excited anymore. When those lights come on in
[01:05:17.900 --> 01:05:24.140] my rearview mirror I don't get those butterflies in the pit of my stomach and when a policeman cops
[01:05:24.140 --> 01:05:31.660] an attitude I don't get concerned like I used to because I know I've got tools that I can deal
[01:05:31.660 --> 01:05:38.220] with him with and Jurisdictionary is probably one of the first places you should start because that
[01:05:38.220 --> 01:05:47.100] will give you a basic underpinning on how the legal system actually works. Actually every lawyer that
[01:05:47.100 --> 01:05:53.180] gets out of law school should get Jurisdictionary and go through it because what's taught in Jurisdictionary
[01:05:53.180 --> 01:05:58.860] is not taught in law school. In law school they teach you how to argue legal issues.
[01:06:00.540 --> 01:06:06.940] They don't teach you how to file motions, how to get motions put on for hearing, how to develop
[01:06:07.740 --> 01:06:14.860] information, how to determine what motions should be filed, how to deal with judges.
[01:06:16.300 --> 01:06:21.020] All this basic stuff you need to know to be able to practice laws in Jurisdictionary.
[01:06:21.020 --> 01:06:31.580] And then Eddie's book is basically on traffic issues. He does, he can't do traffic without going
[01:06:31.580 --> 01:06:37.660] into other areas of law but he's mainly focused on traffic and how to handle traffic issues and
[01:06:37.660 --> 01:06:45.100] most of us the only interactions we have with the government are paying taxes and paying tickets.
[01:06:45.100 --> 01:06:55.180] So traffic is a good resource and my e-book is more general and it's generally one way but it's
[01:06:55.180 --> 01:07:07.580] specific in that it first I talk about the concept of law. Dr. Graves was a lawyer himself so he
[01:07:07.580 --> 01:07:16.780] talks about in Jurisdictionary he speaks from the perspective of an attorney. In my e-book I speak
[01:07:16.780 --> 01:07:24.940] from the perspective of a procé and I talk about how things really work in the real world we live in
[01:07:26.060 --> 01:07:33.020] and we'll start out with a bunch of fallacies that fallacious beliefs people have about law
[01:07:33.020 --> 01:07:41.820] and I start out with fact the Constitution does not grant any rights. Constitution forbids public
[01:07:41.820 --> 01:07:50.380] officials specifically from interfering with certain enumerated rights. We have all we have any
[01:07:50.380 --> 01:07:57.100] right that is not specifically restricted by statute so the Constitution doesn't grant you
[01:07:57.100 --> 01:08:03.420] anything Constitution is a restrictive document and it puts limitations on what public officials
[01:08:03.420 --> 01:08:14.380] can do and the idea that and one of the things I talked about was that we don't want judges to
[01:08:14.380 --> 01:08:22.220] get in the courtroom and seek justice. I know you hear that stuff on TV programs but that's not
[01:08:22.220 --> 01:08:29.020] what I want my judge to do. I want my judge to determine the facts in accordance with the rules
[01:08:29.020 --> 01:08:37.020] of evidence then apply the laws that comes to him to the facts in the case justice that's subjective.
[01:08:38.460 --> 01:08:47.020] Now when we had judges under common law they could do that because common law was case law
[01:08:47.020 --> 01:08:57.580] common law was what judges had ruled was just. Problem with that is justice is extremely relative
[01:08:58.380 --> 01:09:06.300] it's not only relative to the character of the judge it's relative to his immediate disposition
[01:09:07.500 --> 01:09:12.380] so I don't care if a judge is in a bad mood I don't care if his wife chewed him out before he
[01:09:12.380 --> 01:09:19.100] come to work I don't care if he ran out of gas on the way to work and he's all flustered and frustrated
[01:09:20.940 --> 01:09:29.180] I don't want him to use his personal passions to decide what happens to be just today
[01:09:30.940 --> 01:09:34.860] I want him to determine the facts in accordance with the rules of evidence
[01:09:34.860 --> 01:09:41.740] that apply the laws that comes to him to the facts in the case and that's all if he does anything else
[01:09:42.620 --> 01:09:46.460] then him and I are going to have a problem because I'm going to apply the facts to the law
[01:09:47.340 --> 01:09:56.940] and take him for a grand jury and let him explain his behavior to them okay and one of the thing I
[01:09:56.940 --> 01:10:03.180] talked about earlier was the portion of the e-book where I talk about mental flow
[01:10:03.180 --> 01:10:12.060] and I give a demonstration on how to write legal documents I've talked about this on the air before
[01:10:12.060 --> 01:10:22.540] and what brought me to this in the traffic tool is in order to build this tool I had to be
[01:10:24.220 --> 01:10:27.900] had to exercise serious mental discipline
[01:10:27.900 --> 01:10:37.740] and to make sure that every question that I asked would call for one of two answers
[01:10:38.300 --> 01:10:47.500] yes or no answer and both of those answers had to be on point for whatever the legal element
[01:10:47.500 --> 01:10:53.900] I'm dealing with and when I do that in writing I put a heading on every paragraph
[01:10:53.900 --> 01:11:00.300] for the whole document especially when you're doing a large document
[01:11:01.900 --> 01:11:13.100] because you start making an argument and you put in something that implicates issues other than the
[01:11:13.100 --> 01:11:20.380] argument that you're making and we tend to have this anxiety that when we're building an argument
[01:11:20.380 --> 01:11:25.580] something important comes to mind it's not directly on point but it's important you don't want to lose
[01:11:25.580 --> 01:11:35.020] it so you wind up moving off onto that issue now you're off point so instead of allowing myself to
[01:11:35.020 --> 01:11:40.460] move off and address that issue I just went down below it and set a heading in there and put this
[01:11:40.460 --> 01:11:47.900] issue in the heading now I've preserved it I don't have a worry about forgetting that I can go back
[01:11:47.900 --> 01:11:54.380] and keep working on the single element that I'm dealing with and when I'm done I come back I've
[01:11:54.380 --> 01:12:01.580] got that heading there now I can put that issue under this heading because under mental flow
[01:12:03.340 --> 01:12:08.140] the primary thing we want to do is lead the mind of the reader
[01:12:08.140 --> 01:12:17.180] if we're crafting documents we can't just put words on paper
[01:12:19.260 --> 01:12:25.020] words on paper mean nothing if they don't create images and understandings in the mind of our
[01:12:25.020 --> 01:12:31.020] reader so the only thing that's really important to us is how our reader is responding to these
[01:12:31.020 --> 01:12:39.260] squiggly lines I'm putting on this paper if I make a statement and that statement triggers a question
[01:12:39.260 --> 01:12:47.180] in the mind of the reader I need to know that I did that if I create a question in the mind of
[01:12:47.180 --> 01:12:53.900] the reader and I didn't do that on purpose then I have lost my reader anybody here who's ever been
[01:12:53.900 --> 01:13:03.100] to a seminar understands this problem the speaker will say something and you may have looked down at
[01:13:03.100 --> 01:13:09.900] the floor or looked at the person next to you and you missed what he said and you're trying to figure
[01:13:09.900 --> 01:13:14.860] out what he said at the time you get it sorted out or he says something that you didn't understand
[01:13:14.860 --> 01:13:21.260] that triggered a question in your mind that causes a pattern interruption you stop you do
[01:13:21.260 --> 01:13:26.620] transderivational search you go inside and try to make sense out of of what you just tripped over
[01:13:27.580 --> 01:13:33.740] and while you're doing that speaker keeps going by the time you get back and you're way behind
[01:13:33.740 --> 01:13:39.900] now you're playing catch up in half time half the time I never get caught up I just have to jump over
[01:13:39.900 --> 01:13:50.060] some stuff and I'm just missed it so if we do our jobs right as speakers we will pay very close
[01:13:50.060 --> 01:13:56.620] attention to when we trip up our reader now sometimes I want to create a question on purpose
[01:13:57.900 --> 01:14:04.300] because creating a question causes a pattern interruption to stop and flow but it also
[01:14:04.300 --> 01:14:12.860] grabs the attention because the reader is looking for closure he's bumped into a blank place
[01:14:12.860 --> 01:14:23.340] everything we do is about referential index we need context in which we can embed the facts
[01:14:23.340 --> 01:14:29.420] that we're hearing so that we can preserve them so we can go back later find this context and
[01:14:29.420 --> 01:14:37.340] find this information well if I do a pattern interruption if I create a question that means
[01:14:37.340 --> 01:14:43.660] you don't have context in which to put that piece of information and now you're looking
[01:14:43.660 --> 01:14:50.460] around trying to find a place to put it well if I really want to get your attention then I will
[01:14:50.460 --> 01:14:59.500] create a question and as soon as I've created the question I give you an answer this helps focus
[01:14:59.500 --> 01:15:08.460] the mind of your listener it is a very powerful and dynamic tool and in the ebook I've tried to
[01:15:11.500 --> 01:15:19.980] demonstrate the tool and how it's used in writing so let me come to this next break
[01:15:19.980 --> 01:15:26.460] you might go look go to Logos radio network and look at the jurisdiction area and it is
[01:15:26.460 --> 01:15:33.980] traffic course in the ebook they are extremely valuable you know you listen to me here on the
[01:15:33.980 --> 01:15:41.020] air and I someone has an issue and I start going through all of these codes and people think seem
[01:15:41.020 --> 01:15:50.300] to think I have the whole code memorized well that is not true I have a few codes memorized
[01:15:50.300 --> 01:15:56.620] and the reason I have a memorized is you there are certain set of codes here that we keep coming
[01:15:56.620 --> 01:16:03.900] across over and over and over and during the show I obviously go over on a regular basis
[01:16:04.700 --> 01:16:09.180] but if you're going to keep them if you're going to become yours if this procedure is going to
[01:16:09.180 --> 01:16:15.580] become yours you need something you can read and look at so that you can go over repeatedly
[01:16:15.580 --> 01:16:24.780] and the first time you go over it you lay down a set of tracks in the form of referential index
[01:16:24.780 --> 01:16:31.180] the next time you go over it you will find more information that you didn't quite get stuck in
[01:16:31.180 --> 01:16:37.020] the place well so you didn't hold it next time you go over you'll feel it a little more you know
[01:16:37.020 --> 01:16:42.460] I suggest people read the code of criminal procedure twice first time don't try to understand it
[01:16:42.460 --> 01:16:49.020] just go back a second time read it again you'll understand it better than most lawyers do hang
[01:16:49.020 --> 01:16:53.980] on about to go to break Larry we'll pick you up on the other side Randy Kelton Deborah Stevens
[01:16:53.980 --> 01:17:03.020] are really low radio we'll be right back I love logos without the shows on this network I'd be
[01:17:03.020 --> 01:17:07.820] almost as ignorant as my friends I'm so addicted to truth now that there's no going back I need my
[01:17:07.820 --> 01:17:13.500] truth pick I'd be lost without logos and I really want to help keep this network on the air I'd
[01:17:13.500 --> 01:17:17.660] love to volunteer as a show producer but I'm a bit of a luddite and I really don't have any money
[01:17:17.660 --> 01:17:23.820] to give because I spent it all on supplements how can I help logos well I'm glad you asked
[01:17:23.820 --> 01:17:29.260] whenever you order anything from amazon you can help logos but ordering your supplies or holiday gifts
[01:17:29.260 --> 01:17:36.540] first thing you do is clear your cookies now go to logosradionetwork.com click on the amazon logo
[01:17:36.540 --> 01:17:42.540] and bookmark it now when you order anything from amazon you use that link and logos gets a few
[01:17:42.540 --> 01:17:48.700] pesos do I pay extra no do you have to do anything different when I order no can I use my amazon
[01:17:48.700 --> 01:17:55.740] prime no I mean yes wow giving without doing anything or spending any money this is perfect
[01:17:55.740 --> 01:18:02.700] thank you so much we are welcome happy holidays logos are you being harassed by debt collectors
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[01:19:15.180 --> 01:19:16.700] ain't gonna fly me
[01:19:16.700 --> 01:19:24.380] me
[01:19:27.420 --> 01:19:28.380] well
[01:19:32.300 --> 01:19:38.780] okay we are back randy kelton debbie stevens rule of law radio and we're talking to larry in
[01:19:38.780 --> 01:19:47.580] arizona hello larry what do you have for us today good evening randy um before i ask my
[01:19:47.580 --> 01:19:57.180] question here are you aware that the government has has printed a book um for uh judges to fight
[01:19:57.180 --> 01:20:09.020] process yes i've heard of it oh have you okay i just i'm glad you reminded me because i definitely
[01:20:09.020 --> 01:20:19.500] need to get that yeah i'll i'll send you if you want a copy okay yes i definitely do
[01:20:19.500 --> 01:20:28.540] uh we once had a recording of a seminar where the judge went in and told judges how to screw
[01:20:28.540 --> 01:20:38.140] process it was quite a while ago and it was an appellate judge telling these judges how they
[01:20:38.140 --> 01:20:44.140] would help them screw the process so we we know they do that that's why i'm
[01:20:44.140 --> 01:20:52.700] i'm working up these practices and procedures that we can use to go back after the judges
[01:20:52.700 --> 01:21:00.940] when they do that we're not dangerous enough to them yet so we need to become more dangerous
[01:21:00.940 --> 01:21:08.060] and that's part of what this tool i'm building will do i'm putting together questionnaires so
[01:21:08.060 --> 01:21:14.700] that when you go before a judge it'll ask you questions about all the shenanigans we know
[01:21:14.700 --> 01:21:22.700] judges pull and if you hit on one of those shenanigans you know it's it's pretty straightforward
[01:21:22.700 --> 01:21:29.580] you say judge do this no do this no to do this no to do this yeah now you walk through it and it'll
[01:21:29.580 --> 01:21:37.580] give you it'll help you prepare your remedy it'll take a bit to get it all together what i'm
[01:21:37.580 --> 01:21:42.540] what my strategy is is i'm taking it to the state bar
[01:21:45.100 --> 01:21:50.300] and i'm going to try to get the bar to make the tool available to all their lawyers
[01:21:51.980 --> 01:21:57.660] free we just give it to them right now they've got this thing called rocket doc it's rocket
[01:21:57.660 --> 01:22:05.020] docs and it and uh pro docs pro docs cost you about 300 bucks a month and you go into it it'll
[01:22:05.020 --> 01:22:10.940] ask you a questionnaire and it'll put spit you out a document but pro docs is a lot like
[01:22:12.060 --> 01:22:23.500] the litigation gods o'connor's litigation guides their paper static you go in and they've got a
[01:22:23.500 --> 01:22:29.180] motion form and they've got a set of paragraphs and you pick the one that fits your situation
[01:22:29.180 --> 01:22:35.660] so they're static but they're less static than pro docs as pro docs is in a computer and
[01:22:35.660 --> 01:22:41.820] then ask you set of questions but trick is you have to know which document file and once you
[01:22:41.820 --> 01:22:45.580] pick out the documents you want to file they'll help you pull it and pro docs is like 300 bucks a
[01:22:45.580 --> 01:22:57.180] month but then you've got the search engines like lexus nexus and primarily westlaw or the
[01:22:57.180 --> 01:23:05.660] two biggest there are some other smaller ones around but uh lexus nexus is only if you get
[01:23:05.660 --> 01:23:12.220] briefs and pleading just like 300 bucks three thousand bucks a month so what we're building
[01:23:12.780 --> 01:23:22.460] is a source for the creating the documents but we build a questionnaire that nobody has
[01:23:22.460 --> 01:23:30.460] us that will tell you what motions the pleadings you need to file these others don't go there
[01:23:31.740 --> 01:23:36.060] and then we make this these questionnaires available to lawyers free so they put them on
[01:23:36.060 --> 01:23:41.820] their sites and send their clients to it and then where we have the questions
[01:23:42.940 --> 01:23:50.940] these questions go to legal elements points and issues and everywhere we have a question we have
[01:23:50.940 --> 01:24:01.340] a backside folder and i just wrote up some specs for my programmer that the one who
[01:24:01.340 --> 01:24:08.140] writes a tool into the software so that it will set a hyperlink to the folder it already creates
[01:24:08.140 --> 01:24:13.660] a folder when i make a questionnaire every question i ask has a folder behind it
[01:24:13.660 --> 01:24:20.860] and then now i'll have him put a hyperlink to that folder so when you go to a question
[01:24:23.260 --> 01:24:29.340] you can i have an explanation of why i asked the question but also have a link i'll have a i will
[01:24:29.340 --> 01:24:35.740] have a link so you click on it and it will open up a folder that will have case law in it that
[01:24:35.740 --> 01:24:44.060] goes to that point lawyers i've had them tell me they read as many as a hundred cases to find the
[01:24:44.060 --> 01:24:52.620] first case on point you go to lexus you do a search on lexus and i've got as many the maximum i could
[01:24:52.620 --> 01:25:07.100] get 30 000 hits that's where it stops 30 000 that is not helpful and that's why lawyers read so many
[01:25:07.100 --> 01:25:16.300] cases to find one on point well we got all the points so everywhere we have a legal point
[01:25:16.300 --> 01:25:24.220] and we have case law on that point we drop it in that folder that associated folder so once we get
[01:25:24.220 --> 01:25:29.180] this populated instead of having to do legal research just go to the folder here we got it there
[01:25:30.700 --> 01:25:40.140] okay now the reason i'm taking it to the bar tech estate bar has 256 000 members in it i want to
[01:25:40.140 --> 01:25:48.620] make this available to all of them because what i want them doing is adding case law briefs treatises
[01:25:49.580 --> 01:25:56.700] to these folders i want them to help me build these questionnaires i'll go to their best specialist
[01:25:56.700 --> 01:26:05.820] they've got a state bar association promotes 21 areas of legal specialization and i'll get the
[01:26:05.820 --> 01:26:11.900] bar to help me develop questionnaires on each of those legal specializations i'll load it into
[01:26:11.900 --> 01:26:18.300] my software and then make these questionnaires available to all the lawyers save a lot of money
[01:26:18.300 --> 01:26:26.060] on all those pre interviews they have to give a half hour or an hour free so that's a couple
[01:26:26.060 --> 01:26:36.060] hundred bucks for each one that they're losing and if you're a young lawyer how you get started it's
[01:26:36.060 --> 01:26:41.180] biggest thing a lawyer is concerned with is missing something and law school teaches you how to argue
[01:26:41.180 --> 01:26:46.380] legal issues don't teach you how to find them it doesn't teach you how to extract those legal
[01:26:46.380 --> 01:26:52.620] issues from your client doesn't tell you how to write motions how to put motions on for a hearing
[01:26:52.620 --> 01:26:58.380] how to argue against motions well let me do some of that but the whole practice of law what's in
[01:26:58.380 --> 01:27:04.140] jurisdiction area they don't tell you that stuff in law school this tool will tell you that litigation
[01:27:04.140 --> 01:27:12.380] guides tell you that disarming was not so much but for conners they have some really great litigation
[01:27:12.380 --> 01:27:18.940] guides and they say you write this motion here's a blank you pick the paragraphs you want it's got
[01:27:18.940 --> 01:27:24.540] all the case law you need and here's how to argue it here's all the case law and support here's how
[01:27:24.540 --> 01:27:35.020] to argue against it here's all the case law against but that's all static hours will be online so you
[01:27:35.020 --> 01:27:39.340] don't have to go dig the book out and try to find what you need the book just pick the point
[01:27:39.340 --> 01:27:45.660] everything's there where you want it that part is free the part that's not free or the documents that
[01:27:45.660 --> 01:27:50.540] we generate this thing tells you all the documents that are indicated you download one of them and
[01:27:50.540 --> 01:28:01.900] you only pay for that if we can get 256 000 lawyers updating our systems for us did we make it available
[01:28:01.900 --> 01:28:10.380] to prosa prosa gets to come into court with the same level of expertise that the lawyer has
[01:28:10.380 --> 01:28:17.900] maybe he doesn't he's not as good at arguing issues or he's not as familiar with the courts
[01:28:19.420 --> 01:28:25.580] but he has all the facts and law and all the case law and support and there are other
[01:28:27.100 --> 01:28:34.300] tools that we will develop here one of them is we will put together a collection of of names of
[01:28:34.300 --> 01:28:43.020] all the lawyers in the state and put a section in there where people who go in front of this lawyer
[01:28:43.020 --> 01:28:50.540] can write an evaluation of the judge can write an evaluation of the judge lawyers that give us
[01:28:50.540 --> 01:28:56.380] better ones because they will tell you what kinds of things the judge likes what kind he doesn't
[01:28:56.380 --> 01:29:04.860] but they'll tell you how to you know what his idiosyncrasies are uh procedures are not so good
[01:29:04.860 --> 01:29:10.540] because they tend to be too emotional they think the judge is a jerk or he's a god
[01:29:11.740 --> 01:29:17.260] you don't get much in between but we get the lawyers to fill us in with some really good
[01:29:17.260 --> 01:29:25.980] information so you go to court you not only know what the facts and and law and case law is and what
[01:29:25.980 --> 01:29:31.180] motions you should produce you can also pull up an analysis of the judge you're going before
[01:29:31.180 --> 01:29:38.220] so you kind of know how to deal with the judge that's my story and we're about to go to break
[01:29:38.220 --> 01:29:44.780] some of it but uh these are the tools i'm building uh hang on larry we'll pick this up on the other
[01:29:44.780 --> 01:29:50.220] side i know i kind of bushwhatch you and co-opted that whole segment but we'll get back to you or
[01:29:50.220 --> 01:29:55.100] come back on the other side this is randy calvin never stevens rule in law radio our calling
[01:29:55.100 --> 01:29:59.180] number five one two six four six nineteen eighty four we'll be right back
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[01:33:34.060 --> 01:33:40.780] okay we are back randy kelton debba stevens rule of law radio and we're talking to larry in
[01:33:40.780 --> 01:33:51.260] arizona larry a kind of bush waxing co-opted that last segment where were we um okay when i
[01:33:51.260 --> 01:33:58.700] talked to you last week i was telling you about a uh i had filed a uh a complaint with a court
[01:33:58.700 --> 01:34:07.340] and she's a few months later she sent me a response and said uh you have failed to
[01:34:07.900 --> 01:34:15.100] state a claim for which relief can be granted so you need to file an immense complaint okay what
[01:34:15.100 --> 01:34:23.500] was the nature of the claim that you made oh it it was for um uh false imprisonment
[01:34:23.500 --> 01:34:30.060] which was the basis the biggest part of the claim the other part of it was when i was arrested
[01:34:30.700 --> 01:34:39.580] um they denied me the use of my pain to get around which ada definitely says they can't do
[01:34:40.700 --> 01:34:50.940] so did you make a claim under ada uh well yeah i mean i i discussed ada and my claim in my
[01:34:50.940 --> 01:34:59.260] complaint uh okay there was something i was uh specifically i was looking for and that's a
[01:34:59.260 --> 01:35:09.340] cause of action and your answer didn't indicate a cause of action so this may make the judges ruling
[01:35:09.340 --> 01:35:19.100] make sense to you uh when you file an action in court rather civil to criminal uh you have
[01:35:19.100 --> 01:35:29.820] to make a claim a an identified claim in criminal you have identified claims in the form of statutes
[01:35:31.020 --> 01:35:37.180] in civil you have identified claims in the form of causes of action i'm saying identified i
[01:35:37.180 --> 01:35:47.420] should be saying uh defined all kinds of things can happen but the courts over time have defined
[01:35:47.420 --> 01:35:54.700] certain ways of stating claims and they most of the things that people complain about have been
[01:35:57.100 --> 01:36:04.540] grouped into a number of defined causes of action fraud uh
[01:36:05.580 --> 01:36:12.300] quantum merit quantum records to insurance there's a whole list of defined causes of action
[01:36:12.300 --> 01:36:21.980] uh fraud by non-disclosure fraud by non-disclosure fraud by non-disclosure has a set of elements
[01:36:24.140 --> 01:36:33.740] you must show that the defendant made a statement to you the defendant knew that that statement
[01:36:33.740 --> 01:36:40.460] was false the defendant knew or should have known that you did not know it was false
[01:36:40.460 --> 01:36:50.300] the defendant intended that you take the statement as true you did take the statement as true and
[01:36:50.300 --> 01:36:58.300] you were harmed thereby if you don't claim each one of those elements you'll get a rule to have
[01:36:58.300 --> 01:37:05.980] motion to dismiss fair state claim which cover can be had so if you discussed the americans
[01:37:05.980 --> 01:37:16.380] the disabilities act but didn't write your complaint in the form of a cause of action under
[01:37:16.380 --> 01:37:22.780] the americans disabilities act this is probably why you got this dismissal so what you have to do
[01:37:22.780 --> 01:37:31.340] is go back and pull some case law on cases under americans disabilities act it'd be nice if you
[01:37:31.340 --> 01:37:40.460] could find something either the same as yours or similar didn't let you use a cane didn't let
[01:37:40.460 --> 01:37:48.540] you use a walker didn't let you use a wheelchair something close because you can get close then
[01:37:48.540 --> 01:37:54.700] you will have you can read their their case and they will have listed the causes of action now
[01:37:54.700 --> 01:38:02.060] they'll have a statement of facts they'll have a statement of factual accusation and that sounds
[01:38:02.060 --> 01:38:08.140] like what you gave them you gave them facts and you gave them arguments in support of the facts
[01:38:08.780 --> 01:38:15.980] and you'll find this in a civil case but then you'll find a list of causes of action these are
[01:38:15.980 --> 01:38:28.780] the actual claims look at a lawsuit on a false imprisonment there should be the lawsuits look
[01:38:28.780 --> 01:38:36.620] at the e-book it you know i'd list how a lawsuit lawsuit should be put together or how a pleading
[01:38:36.620 --> 01:38:42.700] or emotion should be put together first thing is you do a little introduction this is what i'm
[01:38:42.700 --> 01:38:48.860] going to talk about and then you name the parties you should tell why the court has jurisdiction
[01:38:49.980 --> 01:38:57.100] and then you list the statement of facts we've already told the court what you're generally
[01:38:57.100 --> 01:39:04.140] going to talk about so the court's now going to read the statement of facts and try to stitch
[01:39:04.140 --> 01:39:12.540] them in together in a way that's consistent with the introduction you gave them so once you get
[01:39:12.540 --> 01:39:17.900] this down this kind of becomes an art form you write your statement of facts then go up and
[01:39:17.900 --> 01:39:23.900] write the introduction so that the introduction points at the statement of facts and then once
[01:39:23.900 --> 01:39:29.420] you've done the statement of facts then you do an argument in support you take the statement of facts
[01:39:29.420 --> 01:39:35.420] and copy them down and then rewrite them as an argument in support so that you walk down the
[01:39:35.420 --> 01:39:46.540] facts the same way if you set the reader up with a context in which from which to construe the
[01:39:46.540 --> 01:39:51.420] facts and then they read those facts they're going to try to stitch them together and withdraw
[01:39:51.420 --> 01:39:57.340] conclusions from them then you go to the argument in support if you draw the same conclusions you
[01:39:57.340 --> 01:40:03.260] got them to come to they're going to think you're smart and they're going to believe what you say
[01:40:03.260 --> 01:40:13.740] okay got that part done now you go down below that and start naming causes of action you name the
[01:40:13.740 --> 01:40:20.540] cause of action false imprisonment and make sure that you get all of the elements of false
[01:40:20.540 --> 01:40:26.860] imprisonment in there and for each claim that you have you need a cause of action is that
[01:40:26.860 --> 01:40:35.260] makes sense Larry okay yeah I understand that so what's actually the first thing you want to do
[01:40:36.460 --> 01:40:47.260] is look up pattern jury charges look up the pattern jury charge for false imprisonment pattern
[01:40:47.260 --> 01:40:54.380] jury charge for violation of americans disability act that should be the first thing that's the last
[01:40:54.380 --> 01:41:00.860] thing that happens in the court but it should be the first thing that you look at because
[01:41:02.300 --> 01:41:10.780] in the pattern jury charge the judge is going to say to the jury this is what you must find
[01:41:12.540 --> 01:41:19.420] now if you have arguments that aren't in that pattern jury charges you are blowing smoke
[01:41:19.420 --> 01:41:29.660] the only thing that counts is what the judge tells the jury it must find if you have anything missing
[01:41:30.860 --> 01:41:40.540] they cannot ruin your favor so get the pattern jury charge first then write an introduction
[01:41:40.540 --> 01:41:49.580] or better then write a statement of facts and then convert that statement of facts into an argument
[01:41:49.580 --> 01:41:57.900] in support and then go back up and write your introduction so that the introduction sets up
[01:41:57.900 --> 01:42:04.220] the reader to read those facts and come to the conclusions that you want him to come to that
[01:42:04.220 --> 01:42:10.140] you will have in the argument in support just below that and then you then you lay in your
[01:42:10.140 --> 01:42:17.660] causes of action they're always the last thing you do and make absolutely certain you get you have
[01:42:17.660 --> 01:42:27.900] every element argued to not simply say defendant made a statement to plaintiff defendant do said
[01:42:27.900 --> 01:42:36.220] statement was false don't quote the cause the elements show facts and law in support of the
[01:42:36.220 --> 01:42:46.140] element that makes sense okay yes okay now okay when she rejected me this first time
[01:42:47.020 --> 01:42:56.300] and she said to file a second amended complaint she specifically said you must file the second
[01:42:56.300 --> 01:43:06.780] amended complaint on a prisoner or in a prisoner form for guys that are incarcerated okay here's
[01:43:06.780 --> 01:43:15.980] the deal she really can't give you legal advice that was the best legal advice she could give you
[01:43:15.980 --> 01:43:25.020] because prisoners tend not to know squat and they write all these incredibly lousy pleadings
[01:43:27.020 --> 01:43:31.660] so they built a set of forms that before the prisoners can fill in the blanks this makes
[01:43:31.660 --> 01:43:37.260] sure they get everything that needs to be in there to get in the right places she's telling you get
[01:43:37.260 --> 01:43:45.260] your form down so if she told you to do that by all means get one of those and do it hang on
[01:43:45.260 --> 01:43:51.740] back to go to break randy kelton deborah stevens rule of our radio i'm not going to give out the
[01:43:51.740 --> 01:43:55.900] call the number we only got one segment left and we'll probably finish it up on this subject
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[01:46:24.540 --> 01:46:31.660] okay we are back randy kelton rule of law radio and we're talking to larry in arizona
[01:46:33.340 --> 01:46:41.660] okay larry i'm hoping that's making a little more sense have you picked up one of these prisoner
[01:46:41.660 --> 01:46:52.140] forms oh yes i downloaded it yeah i downloaded it and i i i submitted it a few months ago
[01:46:52.140 --> 01:47:00.140] so now i just got her latest response and she's denied a few of my claims she said a couple of
[01:47:00.140 --> 01:47:10.220] them the officer will be held to to account for but the most interesting part is i was very specific
[01:47:10.220 --> 01:47:18.540] to say i was not you know i was traveling in a private automobile and and now she came back
[01:47:18.540 --> 01:47:26.780] saying that she's going to dismiss the false imprisonment because i was driving a i was driving
[01:47:27.420 --> 01:47:36.620] a motor vehicle and because i failed to identify the officer had probable cause to arrest me
[01:47:37.500 --> 01:47:43.740] and it's like wait a minute the man didn't have probable cause to stop me in the beginning
[01:47:43.740 --> 01:47:53.180] so how can he gain probable cause later in the stop and and she's and she's telling me the judge
[01:47:53.180 --> 01:47:59.740] is telling me he had probable cause well no he didn't because that should have been established
[01:47:59.740 --> 01:48:05.500] at the initial trial and it was not a statuette it was not there was no probable cause at the
[01:48:05.500 --> 01:48:16.940] original trial so assumes facts not in evidence okay do you have a final adjudication
[01:48:19.420 --> 01:48:25.340] no no we haven't even gotten into into really into court yet okay don't worry about those
[01:48:25.340 --> 01:48:37.580] uh you'll get to appeal those later so don't don't get hung up on those you got some she didn't toss
[01:48:41.020 --> 01:48:47.500] so that's good you you did good enough you hung him in there so this time yeah i mean did she
[01:48:47.500 --> 01:48:57.420] dismiss did she dismiss any for failure to stay declined no so it looks like you were a good study
[01:48:59.180 --> 01:49:02.780] she she dismissed without prejudice so i can obviously file again
[01:49:05.820 --> 01:49:12.700] did she dismiss your whole case without prejudice or just these issues just just just sections of it
[01:49:12.700 --> 01:49:26.060] okay if you've already filed two amended pleadings then you might want to once once you get to
[01:49:27.500 --> 01:49:30.540] uh okay where are you at in the case
[01:49:30.540 --> 01:49:42.540] as far as i mean i i have the i haven't even served the the officer yet with papers
[01:49:42.540 --> 01:49:47.740] i'm still just dealing with the judge okay so she dismissed these susponte
[01:49:50.940 --> 01:49:55.660] okay i'm not familiar with that term but okay okay susponte on her own
[01:49:55.660 --> 01:50:00.940] when the judge does susponte they do it on their own initiative
[01:50:02.540 --> 01:50:11.340] so did the opposition file a an answer no the opposition hasn't hasn't been been
[01:50:11.980 --> 01:50:17.980] hasn't had their initial summons sent to him yet oh okay this is great you sound like a judge
[01:50:17.980 --> 01:50:26.140] you've got a judge is trying to teach you oh okay it sounds great and this is what judge
[01:50:26.140 --> 01:50:33.180] you're really judges are really supposed to do is the judge gets the pleadings and the judge will
[01:50:33.180 --> 01:50:38.460] tell you this is what's wrong with your pleadings this is what i need you need to give me this now
[01:50:38.460 --> 01:50:43.180] go to the other side and say this was wrong your pleadings you know had people call in and complain
[01:50:43.180 --> 01:50:48.540] that the judge explained to the other side what the problems with their stuff was and i had to
[01:50:48.540 --> 01:51:00.060] tell them this is the judge's job the judge wants the best pleading she can get so that she actually
[01:51:01.420 --> 01:51:09.740] arbitrates an issue and finds a just adjudication if both if either party hasn't accurately made
[01:51:09.740 --> 01:51:15.580] their claims then she doesn't get a good ruling so she's going to tell you what's wrong with your
[01:51:16.380 --> 01:51:21.180] your pleading so that you can get them corrected so she can make a good ruling
[01:51:23.100 --> 01:51:31.820] so you might you might look at the issues she tossed it sounds like you didn't get your facts
[01:51:31.820 --> 01:51:41.500] sufficient you might look at what i talked about earlier about how to organize those facts so that
[01:51:41.500 --> 01:51:47.500] they make sense and so that they leave the mind to the reader now you now you know what you've got
[01:51:47.500 --> 01:51:58.060] to fix this issue of probable cause you might the way you get a judge to let you file another
[01:51:58.060 --> 01:52:04.860] amended appeal since she dismissed without prejudice is you write up the amended appeal
[01:52:04.860 --> 01:52:11.420] i'm sorry the right the amended complaint is you write up the amended complaint and file it
[01:52:12.140 --> 01:52:19.660] with a request for permission to file an amended complaint and you include that complaint with it
[01:52:19.660 --> 01:52:28.380] so the judge can look at it and decide whether it's worth her time to allow you to file it or not
[01:52:28.380 --> 01:52:35.580] oh okay that's how you get that done and you know it gives the judge opportunity to look at it and
[01:52:35.580 --> 01:52:44.940] say yeah i think this is good or no it's a waste of time so pay real close attention to what she
[01:52:44.940 --> 01:52:54.140] told you because she's telling you what's wrong now where she misconstrued a fact you may go back
[01:52:54.140 --> 01:53:05.020] and amend it and highlight the fact that she misconstrued okay okay i found a case like it's
[01:53:05.020 --> 01:53:14.300] platsky versus cia that says the the court is supposed to help you with your pleadings what kind
[01:53:14.300 --> 01:53:19.820] of kind of helps the court supposed to give yeah that's what i was just talking about
[01:53:21.180 --> 01:53:27.420] they don't help you i don't the way the court helps you with your pleadings is the court tells
[01:53:27.420 --> 01:53:38.860] you what's wrong with them and that's what she's doing by her rulings okay you know every time you
[01:53:38.860 --> 01:53:45.580] get a pleading and instead of assuming the judge is just trying to screw you around and those of us
[01:53:45.580 --> 01:53:52.620] in the legal reform movement tend to do that we always look at what the judge and the police are
[01:53:52.620 --> 01:54:02.060] doing from the perspective of or the expectation of mistreatment sometimes that's inappropriate
[01:54:02.060 --> 01:54:10.540] it keeps us from really seeing what's going on especially with judges because a lot of times
[01:54:10.540 --> 01:54:16.060] and most of the times if you listen to the judge they're trying to tell you what's wrong unless
[01:54:16.060 --> 01:54:21.420] the judge just clearly has some kind of weird attitude and then always just grieve them beat
[01:54:21.420 --> 01:54:26.060] them up good and that tends to get them to calm down and come back and do what they should do
[01:54:26.060 --> 01:54:33.100] but they're generally telling you how to fix things harman taylor he used to be a lawyer
[01:54:33.100 --> 01:54:43.740] and gave up his bar card but he told about uh with the jp moral building that he files some
[01:54:43.740 --> 01:54:52.300] documents on constitution because he claimed that they couldn't try terry mcvay out of the state
[01:54:52.300 --> 01:55:00.380] that it violated the constitution and the court came back and he said they hit me with a padded
[01:55:00.380 --> 01:55:09.740] two by four they threw out all his motions as irrelevant and explained to him why the constitution
[01:55:09.740 --> 01:55:19.100] no longer applied so they threw out everything he did and he was devastated by it but they told him
[01:55:19.100 --> 01:55:26.380] why and at first it seemed ridiculous but then when he looked closer he found they were telling him
[01:55:26.380 --> 01:55:33.900] the truth and they were trying to explain something to him and it was up to him to pay attention so
[01:55:34.700 --> 01:55:40.220] yeah always pay attention what the court says they will help you and it sounds like it really
[01:55:40.220 --> 01:55:45.820] does sound like you have a good judge it's really trying to pay attention and we've got beaverly
[01:55:45.820 --> 01:55:54.060] in man but beaverly uh she hasn't been screened yet we've only got about two minutes left so
[01:55:54.060 --> 01:56:01.740] we will not get to you tonight you might call him tomorrow night okay we've got about two minutes
[01:56:02.940 --> 01:56:09.820] you got anything else larry um no i think that's got me pretty well covered i'll i'll start working
[01:56:09.820 --> 01:56:18.780] from uh what you told me tonight and start uh okay if you haven't if you haven't got the
[01:56:18.780 --> 01:56:26.780] jurisdictionary and uh the naive book you might want to look at them because they would give you
[01:56:26.780 --> 01:56:33.740] the kinds of exact kinds of information it appeared this judge was trying to explain to you
[01:56:33.740 --> 01:56:44.140] uh this doesn't go to what lawyers do the arguing of legal issues this goes to basic construction
[01:56:45.740 --> 01:56:52.860] and in law they're very very particular about basic construction if you're going to get a
[01:56:52.860 --> 01:57:00.300] good reading you got to get that right i once gave up a motion for an emergency restraining
[01:57:00.300 --> 01:57:07.900] order to ken magnuson he took it to the court he won his hearing the lawyer come out and said wow
[01:57:07.900 --> 01:57:13.900] that's really good did you write that and he said well i had some help well he come back to me and he
[01:57:13.900 --> 01:57:21.340] he told me what they said well i didn't tell him right away that i got that right out of o'connor's
[01:57:21.340 --> 01:57:31.020] forms i took o'connor's forms and filled in the blanks so never write a pleading yourself if you
[01:57:31.020 --> 01:57:37.980] can avoid it it's my position that if you are having to write content in a motion or pleading
[01:57:38.620 --> 01:57:45.660] you haven't done enough homework you need to be a really good plagiarist find somebody else
[01:57:45.660 --> 01:57:52.140] has already made your argument for you copy their argument into your document just change the facts
[01:57:52.140 --> 01:57:58.300] and stuff as you need to to make it make sense if you can copy in orders from the court where they've
[01:57:58.300 --> 01:58:03.820] ruled the way you want them to i copy those into my documents all the time and make sure when the
[01:58:03.820 --> 01:58:10.940] judge reads it that he knows what i've done that this is not my argument this is an argument this
[01:58:10.940 --> 01:58:17.500] is out of a court ruling so look at those rulings and copy them into your document so all you can
[01:58:17.500 --> 01:58:25.500] okay we are out of time this is Randy Kelton Debra Stephens rule of all radio we will be back
[01:58:25.500 --> 01:58:32.620] tomorrow night for our four hour info marathon so if you have any questions or comments give us a
[01:58:32.620 --> 01:58:38.700] call and Beverly i'm sorry we couldn't get to you tonight but it's a bit late so call in tomorrow
[01:58:38.700 --> 01:58:43.900] night and we'll bring you up early thank you all for listening and good night
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