ROL_2018-02-08_16k.timecode

[00:00.000 --> 00:12.800]  The following news flashes brought to you by The Lowest Star Lowdown.
[00:12.800 --> 00:21.400]  Closed with gold at $1,318.52 an ounce, silver $16.39 an ounce, Texas crude $63.39 a barrel,
[00:21.400 --> 00:31.120]  bitcoins at $8,127.35, theorems at $819.48, and finally bitcoin cashed at $1,013.04 a
[00:31.120 --> 00:32.120]  crypto coin.
[00:32.120 --> 00:40.000]  Today in History, the year 1940 Walt Disney's second full-length animated film Pinocchio
[00:40.000 --> 00:45.080]  premieres in theaters today in history.
[00:45.080 --> 00:49.920]  In recent news, current county California Superior Court Judge David Lampe stated in
[00:49.920 --> 00:54.920]  a ruling today that the Tasteries Bakery in Bakersfield indeed has the right to refuse
[00:54.920 --> 00:59.280]  to bake a cake for same-sex wedding, but only because the act of baking is protected under
[00:59.280 --> 01:02.480]  free speech, more specifically artistic expression.
[01:02.480 --> 01:05.860]  Judge Lampe made it clear that freedom of religion does not give a business the right
[01:05.860 --> 01:09.640]  to refuse service to groups protected by the Civil Rights Act.
[01:09.640 --> 01:13.720]  Quote, a retail tire shop may not refuse to sell a tire because the owner does not want
[01:13.720 --> 01:15.640]  to sell tires to same-sex couples.
[01:15.640 --> 01:19.880]  No baker may place their wears in a public display case, open their shop, and then refuse
[01:19.880 --> 01:23.640]  to sell because of race, religion, gender, or gender identification.
[01:23.640 --> 01:26.920]  Kathy Miller, the owner of the bake shop, responded by stating that quote, I am very
[01:26.920 --> 01:31.880]  happy to serve everything from my cases to anybody, but I cannot be part of a celebration
[01:31.880 --> 01:34.040]  that goes against one ordinary savior.
[01:34.040 --> 01:38.280]  This ruling seems to have been perfect timing since the high-profile case of the Colorado
[01:38.280 --> 01:42.800]  baker Jack Phillips, who did the same by refusing to bake a wedding cake for the same-sex couple
[01:42.800 --> 01:48.560]  a few years back, is about to be ruled on by the Supreme Court.
[01:48.560 --> 01:52.400]  Under initiative set by Prime Minister of Israel Benjamin Netanyahu's government, tens
[01:52.400 --> 01:56.360]  of thousands of African refugees will soon be forcibly expelled from Israel, and as being
[01:56.360 --> 02:00.840]  reported that on Sunday, Israeli government employees began handing out some 20,000 notices
[02:00.840 --> 02:05.680]  informing 20,000 African men that they have two months to leave the country or risk-facing
[02:05.680 --> 02:06.680]  jail time.
[02:06.680 --> 02:12.040]  These unmarried men are being given two options, go to prison or take $3,500 and be transported
[02:12.040 --> 02:13.040]  to a third country.
[02:13.040 --> 02:16.580]  With no official statements as to where that would be, it is suspected that it is most
[02:16.580 --> 02:18.080]  likely Rwanda.
[02:18.080 --> 02:21.840]  Israeli pilots and doctors, among several others, have stated that they would not cooperate
[02:21.840 --> 02:24.480]  with any government efforts to remove migrants.
[02:24.480 --> 02:29.360]  The scenario has been in place since 2005 when Egypt's crackdown on Sudanese refugees
[02:29.360 --> 02:33.880]  triggered the mass migration of some 60,000 Africans who crossed into Israel before their
[02:33.880 --> 02:37.080]  130-mile barrier was finished in 2013.
[02:37.080 --> 02:40.080]  It is estimated that some 20,000 have left since then.
[02:40.080 --> 02:49.080]  The low-star lowdown has passed within the sponsors to have a project or a service
[02:49.080 --> 03:02.640]  with unlike the USA, nearly twenty percent in
[03:02.640 --> 03:13.020]  the country.
[03:13.020 --> 03:17.020]  When you hear me, some bro comes for you
[03:19.020 --> 03:22.020]  Tell me, what you gonna do?
[03:22.020 --> 03:24.020]  What you gonna do?
[03:25.020 --> 03:26.020]  Check!
[03:27.020 --> 03:30.020]  Bad boys, bad boys, what you gonna do?
[03:30.020 --> 03:32.020]  What you gonna do when they come for you?
[03:32.020 --> 03:35.020]  Bad boys, bad boys, what you gonna do?
[03:35.020 --> 03:38.020]  What you gonna do when they come for you?
[03:38.020 --> 03:41.020]  When you were eight and you had that trace
[03:41.020 --> 03:43.020]  You go to school and earn the gold and lose
[03:43.020 --> 03:46.020]  So why are you acting like a bloody fool?
[03:46.020 --> 03:49.020]  If you get hot, then you must get cool
[03:49.020 --> 03:52.020]  Bad boys, bad boys, what you gonna do?
[03:52.020 --> 03:54.020]  What you gonna do when they come for you?
[03:54.020 --> 03:57.020]  Bad boys, bad boys, what you gonna do?
[03:57.020 --> 04:00.020]  What you gonna do when they come for you?
[04:00.020 --> 04:03.020]  You took it done, that's one, you took it done, this one
[04:03.020 --> 04:05.020]  You took it done, you're monger, you took it done, your father
[04:05.020 --> 04:08.020]  You took it done, your brother, and you took it done, your sister
[04:08.020 --> 04:11.020]  You took it done, that's one, and you took it done, these bad boys
[04:11.020 --> 04:14.020]  Bad boys, bad boys, what you gonna do?
[04:14.020 --> 04:15.020]  What you gonna do when they come for you?
[04:15.020 --> 04:18.020]  Okay, howdy, howdy, Randy Kelton, Debra Stevens
[04:18.020 --> 04:25.020]  Rule of Law Radio on this, the 8th day of February 2018
[04:26.020 --> 04:32.020]  I'll start off as usual talking about the traffic site
[04:33.020 --> 04:35.020]  It's not quite where I wanted it to
[04:35.020 --> 04:39.020]  I had some software issues during the week
[04:39.020 --> 04:42.020]  But got all that sorted out today
[04:42.020 --> 04:45.020]  We upgraded the system somewhat
[04:45.020 --> 04:52.020]  I have most of the maps that I will be using up and online
[04:52.020 --> 04:57.020]  Not at the traffic site, but at a site I set up
[04:57.020 --> 05:02.020]  To promote this to the state bar
[05:02.020 --> 05:09.020]  We're gonna get the state bar to provide us with all of their information
[05:09.020 --> 05:11.020]  At least that's the idea
[05:11.020 --> 05:15.020]  We'll get the state bar to help us build these questionnaires
[05:15.020 --> 05:20.020]  And fill in any missing places and add all of their case law research to it
[05:20.020 --> 05:26.020]  And we'll be able to use it to take control of and handle our lawyers
[05:26.020 --> 05:29.020]  When they're representing us
[05:29.020 --> 05:33.020]  So I'm very close to launch it
[05:33.020 --> 05:37.020]  I will move this to the traffic site then launch the traffic site
[05:37.020 --> 05:43.020]  I couldn't load it on the traffic site because I have to use Microsoft Azure
[05:43.020 --> 05:46.020]  And I'm not very good at doing that
[05:46.020 --> 05:49.020]  So I need my programmer to walk me through the steps
[05:49.020 --> 05:56.020]  It's so complex every time I do it I have to be re-schooled on it
[05:56.020 --> 06:01.020]  But in the next couple of days I will have the traffic site up
[06:01.020 --> 06:08.020]  So that not only does it produce a stack of documents for the front end
[06:08.020 --> 06:16.020]  Right now it works as far as the initial documentation is concerned
[06:16.020 --> 06:23.020]  But after that then you...
[06:23.020 --> 06:25.020]  I have a set of questionnaires
[06:25.020 --> 06:32.020]  You go in and fill in the ticket input section
[06:32.020 --> 06:35.020]  So you put all the information off your traffic ticket
[06:35.020 --> 06:40.020]  And for that I have a lot of standard documents that are always filed on the front end of a case
[06:40.020 --> 06:51.020]  What Dr. Graves spoke to when he said at the beginning of a case there was a flurry of motions
[06:51.020 --> 06:59.020]  So I have that on the front end and by early next week I will have what follows that
[06:59.020 --> 07:04.020]  Which is a questionnaire that starts out with probable cause
[07:04.020 --> 07:12.020]  And from probable cause it goes to the flight to evade
[07:12.020 --> 07:17.020]  And then failure to identify all of the things that tend to happen
[07:17.020 --> 07:22.020]  In a traffic case and authority of the officer to make the stop
[07:22.020 --> 07:28.020]  We have a number of maps in here where we examine everything
[07:28.020 --> 07:33.020]  And this thing will start producing a large stack of documents
[07:33.020 --> 07:42.020]  I also have a prototype for the first appearance before the court
[07:42.020 --> 07:51.020]  Where we have a first hearing, I'm sorry, we have a first appearance
[07:51.020 --> 07:54.020]  That's where you appear on it before a certain date
[07:54.020 --> 08:02.020]  If your ticket directs you to appear on a certain date, a certain time
[08:02.020 --> 08:05.020]  That goes to first hearing
[08:05.020 --> 08:17.020]  And I have almost have that analyzed so we have the best majority of what things that can happen at that hearing
[08:17.020 --> 08:29.020]  And as we crafted that I was really surprised at the number of documents and pleadings this thing will produce
[08:29.020 --> 08:37.020]  Criminal complaints, motions and various other pleadings
[08:37.020 --> 08:42.020]  You will be surprised how much they're doing wrong
[08:42.020 --> 08:47.020]  We look at it and we know that they're messing things up and not doing things right
[08:47.020 --> 08:52.020]  But it's worse than that
[08:52.020 --> 08:57.020]  It's as if they go out of their way to do everything wrong
[08:57.020 --> 09:04.020]  I did have the phone lines open, our call in number is 512-646-1984
[09:04.020 --> 09:09.020]  If you have a comment or question give us the call, we'll have the phone lines open all night
[09:09.020 --> 09:15.020]  I did want to talk a little bit more about the traffic website
[09:15.020 --> 09:22.020]  I'm hoping that by the end of next week I will have it workable
[09:22.020 --> 09:29.020]  I won't have everything in place because it is very complex and there is a lot of content to be in there
[09:29.020 --> 09:37.020]  But I'll have enough in there that it will be visibly functional
[09:37.020 --> 09:47.020]  If I can then get some support then we will start adding much more content
[09:47.020 --> 09:57.020]  I have a reference to a bunch of bondsmen who want me to help them adjudicate some issues
[09:57.020 --> 10:06.020]  One of the things associated with this project was a bail bond association
[10:06.020 --> 10:11.020]  It looks like I may have a step up on getting that going
[10:11.020 --> 10:18.020]  And I just sent a letter to the President today
[10:18.020 --> 10:25.020]  Apparently Trump is not happy with the lawyers he's had to deal with
[10:25.020 --> 10:35.020]  So I'm going to promote the Attorney General's office to see if I can get them to provide us with a grant
[10:35.020 --> 10:42.020]  To help to build these questionnaires for the Justice Department
[10:42.020 --> 10:48.020]  And as we build them for the Justice Department we build them for ourselves as well
[10:48.020 --> 10:57.020]  So maybe we can convince Trump that this will help to eliminate lawyers since he is so down on lawyers
[10:57.020 --> 11:01.020]  He may be interested in helping us get rid of them
[11:01.020 --> 11:08.020]  Maybe that's a pipe dream but I couldn't help but send the promotion letter anyway
[11:08.020 --> 11:15.020]  I have had some responses to the promotion so there's a very good chance before long
[11:15.020 --> 11:20.020]  I will get this thing funded so we can really bring it up big time
[11:20.020 --> 11:28.020]  There's a good chance that we can change everything
[11:28.020 --> 11:37.020]  Ten years ago when I started and probably seven years ago when I started actually
[11:37.020 --> 11:41.020]  When Deborah and I started building this questionnaire
[11:41.020 --> 11:49.020]  I never really imagined that we would actually be able to change everything
[11:49.020 --> 11:55.020]  But as I get closer it looks more likely
[11:55.020 --> 12:02.020]  It's just something it seems no one else figured out
[12:02.020 --> 12:07.020]  It's not that the technology is so sophisticated
[12:07.020 --> 12:14.020]  It is somewhat complicated and intricate
[12:14.020 --> 12:22.020]  But on a really basic level it's actually pretty simple and we could have done this 40 years ago
[12:22.020 --> 12:25.020]  We had the technology for it
[12:25.020 --> 12:30.020]  We were a little shy on resources but even that we could have gotten around
[12:30.020 --> 12:35.020]  So this could have been done a long time ago it's just nobody ever figured it out
[12:35.020 --> 12:48.020]  Well it is very close if we can get 1% of the 6.6 million people who get traffic tickets a year
[12:48.020 --> 12:56.020]  To pick up this tool and use it we would literally shut down traffic enforcement
[12:56.020 --> 13:04.020]  And then if we can expand this tool into other areas
[13:04.020 --> 13:15.020]  I have someone that I've had for a couple of months converting the Texas penal code into questions
[13:15.020 --> 13:19.020]  Once I have all the codes in questions
[13:19.020 --> 13:24.020]  Then there are a few things that I will go back and add into it
[13:24.020 --> 13:27.020]  That is a really ambitious project
[13:27.020 --> 13:35.020]  We will take the most common charges people get, DUI and public intoxication
[13:35.020 --> 13:40.020]  Drug and intoxication offenses, theft
[13:40.020 --> 13:49.020]  And we will look at the statistics on what charges are the most common
[13:49.020 --> 13:57.020]  And we will do those first and then start promoting this through this bail bond association
[13:57.020 --> 14:02.020]  And that gives me a marketing tool where I can get in front of every lawyer in the state
[14:02.020 --> 14:09.020]  And we may put these lawyers in a position to where they have to use our product
[14:09.020 --> 14:18.020]  Even if they know it is effectively going to eliminate their profession
[14:18.020 --> 14:27.020]  So I'm excited about it, we've just moved along a lot better than I expected
[14:27.020 --> 14:31.020]  It looks like it's going to be more effective than I anticipated
[14:31.020 --> 14:34.020]  Because there are things growing out of it
[14:34.020 --> 14:39.020]  It's always the case when you start designing something
[14:39.020 --> 14:47.020]  Once you begin to put it together, if you pay attention, it will show you how to design itself
[14:47.020 --> 14:54.020]  And generally, if you pay attention you come out with something better than you anticipated from the beginning
[14:54.020 --> 14:58.020]  And it's beginning to look as though this is going to come out that way
[14:58.020 --> 15:02.020]  And I'm frustrated that I don't have it all up yet
[15:02.020 --> 15:07.020]  But getting help to do this has been difficult
[15:07.020 --> 15:12.020]  And I have a couple of people that I'm working on to bring up to speed
[15:12.020 --> 15:19.020]  So I'm hoping that next week, if we end up next week, we have it all up and working it online
[15:19.020 --> 15:23.020]  Then we start promoting traffic tickets big time
[15:23.020 --> 15:28.020]  So we do have our, we don't have anything on a call board
[15:28.020 --> 15:31.020]  That's kind of surprising for Thursday night
[15:31.020 --> 15:36.020]  If you have a question or comment, give us a call
[15:36.020 --> 15:41.020]  If we don't have any calls and I come back on the other side, I'm going to go back to due process
[15:41.020 --> 15:46.020]  This is something I've been wanting to address for some time
[15:46.020 --> 15:50.020]  But we've been too busy taking calls to get to it
[15:50.020 --> 15:57.020]  Some of the basics that all of what we're doing kind of revolves around
[15:57.020 --> 16:03.020]  Once you understand the basics, then it helps you to deal with more sophisticated issues
[16:03.020 --> 16:13.020]  With a consistency and competence that most process don't have
[16:13.020 --> 16:23.020]  So if we do this right, I can get the understandings crafted in a way that people can understand
[16:23.020 --> 16:30.020]  We will have a lot more people out there taking these guys on and the change will happen that much faster
[16:30.020 --> 16:36.020]  Okay, this is Deborah Stevens, Randy Kelton, we have our radio
[16:36.020 --> 16:43.020]  Our calling number 512-646-1984, we have the call lines open, we'll have them open all night
[16:43.020 --> 16:56.020]  And you might go to Logos Radio Network and have a look at Eddie's traffic seminar, my ebook and jurisdiction area
[16:56.020 --> 17:00.020]  It will help support this station and help you grow
[17:00.020 --> 17:01.020]  Thanks, Cookie
[17:01.020 --> 17:03.020]  Cookie? Me love cookies
[17:03.020 --> 17:06.020]  Oh, hi Cookie Munchers, no, these are yucky cookies
[17:06.020 --> 17:09.020]  Cookie? Yucky? No, no bad cookies
[17:09.020 --> 17:12.020]  You can't even eat these cookies, these are vibrant cookies
[17:12.020 --> 17:16.020]  No candy? No, they are cyber cookies and they clog up your computer
[17:16.020 --> 17:17.020]  These have apples
[17:17.020 --> 17:20.020]  Really? Oh, an actual apple
[17:20.020 --> 17:23.020]  Hmm, yummy apple, not that kind of cookie
[17:23.020 --> 17:26.020]  I'm going to throw away these yucky cookies in the trash
[17:26.020 --> 17:32.020]  I click control, shift, delete and then scroll down to cookie and clear them
[17:32.020 --> 17:34.020]  Bye bye yucky cookies
[17:34.020 --> 17:42.020]  Now I go to LogosRadioNetwork.com and I click on the Amazon box on the upper right hand side, bookmark the link
[17:42.020 --> 17:47.020]  And I can go to Amazon through this link and order you some yummy milk cookie
[17:47.020 --> 17:49.020]  Milk cookies? Or me?
[17:49.020 --> 17:54.020]  Consider it an early Christmas present and every time I order on Amazon I go through this link
[17:54.020 --> 17:57.020]  And I give a little present to this radio network too
[17:57.020 --> 17:58.020]  These are cookies
[17:58.020 --> 18:00.020]  These are classified
[18:00.020 --> 18:05.020]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.020 --> 18:09.020]  Stop debt collectors now with the Michael Mears proven method
[18:09.020 --> 18:14.020]  Michael Mears has won six cases in federal court against debt collectors and now you can win two
[18:14.020 --> 18:21.020]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes
[18:21.020 --> 18:24.020]  What to do when contacted by phones, mail or court summons
[18:24.020 --> 18:26.020]  How to answer letters and phone calls
[18:26.020 --> 18:29.020]  How to get debt collectors out of your credit reports
[18:29.020 --> 18:34.020]  How to turn the financial tables on them and make them pay you to go away
[18:34.020 --> 18:39.020]  The Michael Mears proven method is the solution for how to stop debt collectors
[18:39.020 --> 18:41.020]  Personal consultation is available as well
[18:41.020 --> 18:47.020]  For more information please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:47.020 --> 18:50.020]  Or email MichaelMears at yahoo.com
[18:50.020 --> 18:57.020]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.020 --> 19:00.020]  To learn how to stop debt collectors next
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[20:08.020 --> 20:15.020]  Logos Radio Network
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[22:09.020 --> 22:15.020]  I asked this question on Eddie's website, or Facebook page, excuse me
[22:15.020 --> 22:20.020]  And it's amazing how many people that seem to have the answer for so many different things
[22:20.020 --> 22:23.020]  Don't understand the question when I ask it
[22:23.020 --> 22:32.020]  Because what I asked, I said, if a legal complaint is dated and stamped after a fence is corrected
[22:32.020 --> 22:39.020]  As in a vehicle registration, can the complaint still have validity?
[22:39.020 --> 22:45.020]  Yes, yes, yes, yes, if you shoot someone
[22:45.020 --> 22:46.020]  Yes
[22:46.020 --> 22:52.020]  And then next week I file a criminal complaint accusing you of shooting the person
[22:52.020 --> 22:56.020]  And you say, well, when you filed a complaint I wasn't shooting the person
[22:56.020 --> 23:04.020]  You don't think that's different, huh?
[23:04.020 --> 23:06.020]  No
[23:06.020 --> 23:07.020]  Okay
[23:07.020 --> 23:12.020]  Under law it's not, when the person observed the violation
[23:12.020 --> 23:13.020]  So it has to be
[23:13.020 --> 23:15.020]  The bell was rung
[23:15.020 --> 23:21.020]  So does it have to be an official who observed it, or can it just be a plain citizen that observed it?
[23:21.020 --> 23:24.020]  It could be anyone
[23:24.020 --> 23:25.020]  Anyone
[23:25.020 --> 23:35.020]  That public official, when a policeman files a complaint against someone, they arrest them and file a complaint
[23:35.020 --> 23:42.020]  That policeman does not file that complaint in his capacity as a police officer
[23:42.020 --> 23:49.020]  He files that complaint in his capacity as a credible person
[23:49.020 --> 23:53.020]  Those are the only ones that can file criminal complaints
[23:53.020 --> 24:01.020]  The credible person is defined as a person over 18 years of age and never been convicted of a felony
[24:01.020 --> 24:05.020]  It's in that capacity that a policeman files the complaint
[24:05.020 --> 24:15.020]  The same capacity in which you would give the state notice of crime
[24:15.020 --> 24:19.020]  Technically there's no difference
[24:19.020 --> 24:25.020]  But when you observe the crime, the bell's been rung
[24:25.020 --> 24:33.020]  There's no requirement that you file the complaint instantly
[24:33.020 --> 24:39.020]  Okay, so the leeway there is the 10 day
[24:39.020 --> 24:47.020]  The leeway there was something that the city or the inspector elected to do
[24:47.020 --> 24:48.020]  Right
[24:48.020 --> 24:50.020]  But that's not it
[24:50.020 --> 24:57.020]  There may be some requirement in the city ordinances that require him to give people a certain amount of time
[24:57.020 --> 25:04.020]  But in the criminal code and in the traffic code there is no such leeway
[25:04.020 --> 25:09.020]  Okay
[25:09.020 --> 25:19.020]  So is there any, like when I talked to this code enforcement officer, the previous one, he was here for like 10 years
[25:19.020 --> 25:28.020]  He said that if the code enforcement officer is obviously going after someone and he's not going after someone else
[25:28.020 --> 25:39.020]  and they're in the reasonable distance of the same vicinity, then that's called, that's something to do with character
[25:39.020 --> 25:42.020]  So they shouldn't be doing that
[25:42.020 --> 25:47.020]  I don't know if there's a law against it, but it is questionable
[25:47.020 --> 26:04.020]  So like I'm a repair facility and having vehicles on my property that are not inspected, you wouldn't want to break the law to inspect them just so that you would not be breaking the law of the ordinance
[26:04.020 --> 26:10.020]  Okay, let me kind of explain what Tim's means by that
[26:10.020 --> 26:19.020]  In order to file the complaint, you would have to have actual knowledge or reason to believe
[26:19.020 --> 26:29.020]  So if he thinks there's a violation in the building, but he's not been invited into the building
[26:29.020 --> 26:35.020]  and there is an old trespass sign up, he can't enter the building without a warrant
[26:35.020 --> 26:45.020]  So if he entered the building without a warrant to determine if something was actually in violation, he'd be committing a crime in order to find evidence of a crime
[26:45.020 --> 26:48.020]  Am I correct in that, Tim?
[26:48.020 --> 26:51.020]  Sort of
[26:51.020 --> 26:56.020]  Really what I was getting at was that
[26:56.020 --> 27:01.020]  At my place of business, I do vehicle inspections
[27:01.020 --> 27:16.020]  To do a vehicle safety inspection, you have to be able to drive it, check the brakes, check the exhaust, headlights, turn signals, horned, tire depth, tread depth, things like that
[27:16.020 --> 27:25.020]  And if it doesn't run or if it has a transmission issue or something or a brakes issue, it's there to be repaired
[27:25.020 --> 27:40.020]  So the ordinance says that a vehicle can only be parked on private property for 30 days or less, not registered
[27:40.020 --> 27:46.020]  Okay, inoperable, and it actually has a list of, I think, four things
[27:46.020 --> 27:56.020]  And I think you and I, you tried to say something in my ear the day of my initial hearing before the administrative board
[27:56.020 --> 28:07.020]  And you asked me to try to piece together the, you know, because the way it's written, junk vehicle, inoperable, or, because it says or
[28:07.020 --> 28:12.020]  I think, or no, or does it say and? I can't remember now
[28:12.020 --> 28:24.020]  But anyway, it lends question to whether or not all of those components have to be, or is it just one component of that that makes it a junk vehicle
[28:24.020 --> 28:30.020]  There's another question that came to mind while you were speaking, private property
[28:30.020 --> 28:31.020]  Yes
[28:31.020 --> 28:34.020]  This is commercial property
[28:34.020 --> 28:35.020]  Yes
[28:35.020 --> 28:43.020]  Is commercial property considered in the same context as private property?
[28:43.020 --> 28:57.020]  That's a good question because it is private property in the instance that the person who's paying the bills or has the lease on it or actually owns it or whatever
[28:57.020 --> 29:00.020]  The one who's occupied at that time has a business
[29:00.020 --> 29:01.020]  It would say
[29:01.020 --> 29:02.020]  Hold on, hold on
[29:02.020 --> 29:05.020]  Actually, it is not private property
[29:05.020 --> 29:06.020]  It is
[29:06.020 --> 29:09.020]  It's property, it's property open to the public
[29:09.020 --> 29:11.020]  Yes
[29:11.020 --> 29:20.020]  My house is private property if I have the door closed, my yard is private property if I have a fence around it, if I don't have a fence around it, it's not
[29:20.020 --> 29:22.020]  Okay
[29:22.020 --> 29:31.020]  If I have a string mounted on sticks, six inches off the ground where my property is private property
[29:31.020 --> 29:36.020]  If you have anything marking a boundary, it's private
[29:36.020 --> 29:39.020]  If you don't, it's not private, it's public
[29:39.020 --> 29:42.020]  You own it, but it's still public
[29:42.020 --> 29:47.020]  Your commercial property is public, it's intended for the public, so it's not private property
[29:47.020 --> 30:02.020]  Hang on, about to go to break, Randy Kelton, Deborah Stevens, we'll be right back
[30:02.020 --> 30:09.020]  Since 9-11, our government has used invasive measures like warrantless phone taps to keep us safe from terrorists
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[33:12.020 --> 33:19.020]  Yes, here is the office by the second line
[33:19.020 --> 33:23.020]  Won't you follow the law of the land?
[33:23.020 --> 33:26.020]  I don't understand
[33:26.020 --> 33:29.020]  The job is to protect the service
[33:29.020 --> 33:32.020]  That means abuse
[33:32.020 --> 33:34.020]  Abuse?
[33:34.020 --> 33:37.020]  When you're gonna stop abuse
[33:37.020 --> 33:40.020]  You know how I work
[33:40.020 --> 33:43.020]  When you're gonna stop abuse
[33:43.020 --> 33:46.020]  You know how I work
[33:46.020 --> 33:48.020]  When you're gonna stop abuse
[33:48.020 --> 33:51.020]  You know how I work
[33:51.020 --> 33:54.020]  When you're gonna stop abuse
[33:54.020 --> 33:57.020]  You know how I work
[33:57.020 --> 34:01.020]  Please lift up the microphone at each officer
[34:01.020 --> 34:10.020]  Okay, we are back, Randy Kelton, Deborah Stevens, we have a radio on this the eighth day of February 2018
[34:10.020 --> 34:19.020]  And we're talking to Tim in Texas and we're really late coming in because Deborah and I were kicking around what's private property and what's not private property
[34:19.020 --> 34:25.020]  And it's clear if you own private property, it's privately owned property
[34:25.020 --> 34:42.020]  But for the purpose of the application of the ordinance, it's clear that the ordinance was written for people who have cars in the backyard or in their front yard or in their driveway that sit there forever
[34:42.020 --> 34:43.020]  Right
[34:43.020 --> 34:46.020]  That cannot apply to a junkyard
[34:46.020 --> 34:55.020]  Here's one of the things that they wrote me up for again when I had to move my tractor and my asphalt compactor and my forklift
[34:55.020 --> 35:01.020]  It says during a recent property inspection the following items were found to be non-compliant in violation of city ordinance
[35:01.020 --> 35:10.020]  Use of a parking space for storage or display of boats, trailers, campers, motor vehicles or other goods, materials, products for sale
[35:10.020 --> 35:15.020]  Now I've sold things there for 23 years
[35:15.020 --> 35:18.020]  You know what I'm saying? I mean
[35:18.020 --> 35:24.020]  Okay, you just shifted gears and went to a whole different issue
[35:24.020 --> 35:28.020]  Well, a different code
[35:28.020 --> 35:41.020]  Yeah, we were discussing whether or not your property because of its special use would fall under the intent of the code
[35:41.020 --> 36:00.020]  Was the ordinance intended to restrict the ability of a repair shop to hold a customer's vehicle for more than 30 days in order to get it repaired?
[36:00.020 --> 36:01.020]  Right
[36:01.020 --> 36:03.020]  There you go
[36:03.020 --> 36:10.020]  Yeah, and it appears that if it's not registered within those 30 days that I can fall under there
[36:10.020 --> 36:15.020]  So that's why I was making the distinction between private property and commercial
[36:15.020 --> 36:16.020]  Okay
[36:16.020 --> 36:21.020]  It's certainly zone different and it's intended for different usage
[36:21.020 --> 36:28.020]  So what does private property really mean in this context?
[36:28.020 --> 36:41.020]  Well, they say public property that a vehicle like that cannot be parked on public property for more than 72 hours, so to me that means a vehicle that's broke down on the side of the road
[36:41.020 --> 36:48.020]  Okay, that's when they come and they red tag it, you know, hey, it's gotta be moved within so many hours
[36:48.020 --> 37:03.020]  And if it's not moved then next thing, you know, the county or the city, whoever it is, sends the tow truck out and they impound it on my property being the public commercial
[37:03.020 --> 37:10.020]  Yeah, yeah, commercial. So commercial is not even addressed in that ordinance
[37:10.020 --> 37:13.020]  Commercial property
[37:13.020 --> 37:24.020]  That's something we certainly need to look at. Does private property mean privately owned property used for private purposes?
[37:24.020 --> 37:25.020]  Right
[37:25.020 --> 37:30.020]  Does private term private property include commercial property?
[37:30.020 --> 37:31.020]  Yeah
[37:31.020 --> 37:33.020]  Well, I'm sure that cities everywhere
[37:33.020 --> 37:35.020]  Yeah, we're on
[37:35.020 --> 37:37.020]  Go ahead
[37:37.020 --> 37:46.020]  I said, I'm sure that cities everywhere, if they get it in for somebody, they just start sending the code enforcement guy after them, kind of like they're done with me
[37:46.020 --> 37:52.020]  Yeah, and then somebody has to do what we're fixing to do is code enforcement guy
[37:52.020 --> 38:06.020]  Well, but they cited Tim for still having a vehicle on his property that they had cited him for as not being legal
[38:06.020 --> 38:13.020]  They admitted that he made it legal but cited him for having it there anyway
[38:13.020 --> 38:26.020]  So now they're saying, even if your vehicle was ever in violation of code, you can never park it on the property again
[38:26.020 --> 38:28.020]  That's what it sounds like
[38:28.020 --> 38:37.020]  They came back and cited, and in the citation they admitted that it was legal, but they cited him anyway
[38:37.020 --> 38:42.020]  So now we go back after him for aggravated perjury
[38:42.020 --> 38:55.020]  And malicious prosecution, actually there isn't a malicious prosecution, there is a retaliation, 3606 penal code
[38:55.020 --> 39:02.020]  And he put in the citation as per the city attorney
[39:02.020 --> 39:14.020]  So these guys are apparently, it sounds like the code enforcement officer really didn't want to do this
[39:14.020 --> 39:27.020]  He's telling Tim that the city attorney told me to do it, it's kind of like what a lawyer gets up in front of the judge and says, your honor, my client says
[39:27.020 --> 39:33.020]  That means, don't blame me, my client's making me do this
[39:33.020 --> 39:43.020]  He's trying to do that dodge, well the problem with that is, he just threw the city attorney under the bus
[39:43.020 --> 39:51.020]  Because the way I read that, that's criminal conspiracy
[39:51.020 --> 40:00.020]  He conspired with the city attorney to commit aggravated perjury and malicious prosecution
[40:00.020 --> 40:08.020]  Right, because he's licensed by the attorney, law firm, he's licensed by the state of Texas
[40:08.020 --> 40:13.020]  And he gets his authority from the state of Texas, not the law firm
[40:13.020 --> 40:22.020]  Exactly, the lawyer can tell him anything he wants to, but at the end of the day the lawyer's not the actor
[40:22.020 --> 40:31.020]  He is the actor, so we see, now I've been asking Tim to stand back
[40:31.020 --> 40:39.020]  These guys have been doing all this dumb stuff and kept repeating, never interfering with someone when they're screwing up
[40:39.020 --> 40:47.020]  We just went into a hearing where this followed the standard routine
[40:47.020 --> 40:54.020]  They filed an action, we filed an opposition to the action with a counter claim
[40:54.020 --> 41:04.020]  They filed a response to our counter claim, and in the response to our counter claim they told the court what they thought was wrong with it
[41:04.020 --> 41:15.020]  So I looked at it and said, okay, that'll work, when a motion to dismiss this file, that's a dispositive motion
[41:15.020 --> 41:20.020]  It opens the door for a meeting
[41:20.020 --> 41:27.020]  So it's always a good idea to look carefully at the argument the other side makes
[41:27.020 --> 41:32.020]  And take it seriously, and we did
[41:32.020 --> 41:43.020]  So we filed a response, I'm sorry, we filed an amended pleading that took into account their arguments
[41:43.020 --> 41:49.020]  And what they said was, is that the city is immune from suit
[41:49.020 --> 41:53.020]  And if you sue a city employee, that's a suit against the city
[41:53.020 --> 41:58.020]  So therefore the city employees are immune the same way that the city is
[41:58.020 --> 42:05.020]  In our amended complaint, we filed a petition for declaratory judgment against the city
[42:05.020 --> 42:08.020]  And that's the only claim against the city
[42:08.020 --> 42:14.020]  And under declaratory judgment, there is no immunity
[42:14.020 --> 42:17.020]  Because we didn't ask for any damages from the city
[42:17.020 --> 42:26.020]  We claimed that the persons that were sued acted outside of scope
[42:26.020 --> 42:31.020]  And therefore we sued them in their individual capacities
[42:31.020 --> 42:37.020]  Because of the claim that if you sue a city employee, then that's a suit against the city
[42:37.020 --> 42:40.020]  So okay, we can do that
[42:40.020 --> 42:47.020]  We sued them for performing proprietary functions in violation of law
[42:47.020 --> 43:02.020]  Proprietary functions, when a city is exercising or performing a proprietary function, there is no immunity
[43:02.020 --> 43:09.020]  So we wrote the suit specifically to cover their motion to dismiss
[43:09.020 --> 43:22.020]  So the lawyer came into court the other day and argued exactly the issues in their first motion to dismiss
[43:22.020 --> 43:27.020]  They didn't touch on any of the issues in the amended
[43:27.020 --> 43:31.020]  That could not have been more perfect
[43:31.020 --> 43:33.020]  That's allowed
[43:33.020 --> 43:36.020]  And when you file a suit, this is how you can expect it to go
[43:36.020 --> 43:39.020]  You file a suit, they'll file a motion to dismiss
[43:39.020 --> 43:47.020]  You look at their motion to dismiss and write an amended pleading to address the issues in their motion to dismiss
[43:47.020 --> 43:49.020]  So far, let's go ahead
[43:49.020 --> 43:52.020]  The judge didn't rule in court, so he didn't just throw it out
[43:52.020 --> 43:54.020]  He's taking it under advisement
[43:54.020 --> 43:56.020]  We're going to take a break under advisement
[43:56.020 --> 44:07.020]  We'll be right back
[44:26.020 --> 44:49.020]  We'll be right back
[44:57.020 --> 45:04.020]  Are you the plaintiff or defendant in a lawsuit?
[45:04.020 --> 45:15.020]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4-CD course that will show you how in 24 hours, step by step
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[46:26.020 --> 46:32.020]  Don't just stand in front of the soldier or worry your heart's off, scuffle and they'll keep to the peace
[46:32.020 --> 46:37.020]  All they're taking is their misunderstanding, somebody calls the police
[46:37.020 --> 47:01.020]  Watch in the spotlight
[47:01.020 --> 47:19.020]  Watch in the spotlight
[47:19.020 --> 47:27.020]  Okay, we are back, Randy Kelton, Debbie Stephens, Rule of Law Radio, and Tim, we're talking to Tim in Texas
[47:27.020 --> 47:34.020]  We are loading up, you started this, the call boards are now jammed
[47:34.020 --> 47:53.020]  Deborah sent me straight on the break, we need to check the zoning, and one of the issues that we absolutely need to bring is the difference between private property and commercial property
[47:53.020 --> 48:04.020]  Okay, and also you can mention to her that zoning did not start in the city till 2009, and I opened the doors in 95
[48:04.020 --> 48:15.020]  Yes, so yeah, I did mention that to her, so that's what we need to look up for the next round, but right now we're waiting for these guys, waiting for the judge to render some ruling
[48:15.020 --> 48:23.020]  I'm on the air here, look, I wanted to just so that we're not fishing and carrying because we've got to go quickly here, there's more calls
[48:23.020 --> 48:34.020]  Tim, what I was telling Randy, I understand that you have some kind of grandfathering certification because you were there with that business before there was zoning
[48:34.020 --> 48:46.020]  So what I was telling Randy is that all of this has to do with the business use of the property, there's really only two categories when it comes to like land, property
[48:46.020 --> 48:54.020]  Okay, there's public property which is owned by the government or some governmental entity, and then there's real property
[48:54.020 --> 49:11.020]  Hardly anyone has their actual land legally classified as what's called private property, they kind of throw that term around very loosely and carelessly in code, but really when it comes down to it, it's all real property, all of it
[49:11.020 --> 49:18.020]  Okay, so you're either public property or it's quote private property, it's really all real property
[49:18.020 --> 49:29.020]  Alright, so it has to do with the use of the real property, it has to do with the use of the land, the use of the building, and this goes to zoning and licensing of a business
[49:29.020 --> 49:44.020]  And so depending on your municipality, they may or may not require you to have a business license for a car repair shop, I know in a lot of big cities they absolutely do because of environmental reasons
[49:44.020 --> 49:55.020]  And this goes to protection of the watershed, for example, because you can't just be dumping brake fluid and changing oil and dumping old oil into the ground over the aquifer
[49:55.020 --> 50:03.020]  Okay, so this has to do with the public drinking water supply, they absolutely have the authority to protect the drinking water
[50:03.020 --> 50:19.020]  So a lot of municipalities will have strict requirements for disposal of these toxic waste and require you to be licensed and set up and have a proper means for dealing with this sort of thing
[50:19.020 --> 50:29.020]  Okay, and so they'll license your business and place certain inspections and requirements on your property and the way you handle these sorts of things in a car repair shop
[50:29.020 --> 50:37.020]  Okay, so that's one aspect of it, there's a licensing of the business and inspections of health issues and that sort of thing
[50:37.020 --> 50:47.020]  Then there's the zoning, they may not necessarily want people running a car repair shop out of their home in a single family residential neighborhood
[50:47.020 --> 50:54.020]  Okay, for example, I wouldn't appreciate to have to live next door to a car repair shop in the middle of a neighborhood
[50:54.020 --> 51:02.020]  Okay, so some municipalities have zoning, others don't, I remember it was a big problem in Houston, there was no zoning
[51:02.020 --> 51:07.020]  You could do anything almost anywhere and it really was a problem
[51:07.020 --> 51:16.020]  But now Randy is saying that for you zoning is not an issue because your grandfathered in, I don't know if they've required you to have some kind of business license for the car repair shop
[51:16.020 --> 51:26.020]  But the point that I'm going to all of this is if you're not required to have a license for a car repair shop because your grandfathered under that as well as the zoning
[51:26.020 --> 51:41.020]  Then what you need to do is look at what the protections are of a license to run a car repair shop and what the protections are, what the allowed usages of the property would be
[51:41.020 --> 51:59.020]  If it was zoned to be a car repair shop, your grandfathered, your property is grandfathered under that so you should be covered by all the protections as if it was zoned to allow for the use of a car repair shop
[51:59.020 --> 52:17.020]  And if the zoning for car repair shop says that, of course, there can be cars there more than 30 days without registration or whatever, then that would be your defense because it's like, hey, even though it's not zoned for that, you have those same protections because of the grandfathering
[52:17.020 --> 52:32.020]  Okay, so this goes to the use of the property, so you need to look at what your protections are under that grandfathering and equivocate that to what you would be protected, what you would be allowed to do as if it was zoned that
[52:32.020 --> 52:43.020]  And if you have a business license for a car repair shop, you need to look to those protections too, if you don't, you still need to look to those protections because you would be grandfathered under that
[52:43.020 --> 52:45.020]  Okay, so does that make sense, Tim?
[52:45.020 --> 52:49.020]  Sure, yeah. Yeah, me and Randy can talk about it.
[52:49.020 --> 53:07.020]  Yeah, I mean, basically that's it in a nutshell. You just have to look at the business use of that property, you have to look at what the, you're looking to the licensing and the zoning for your protections under the grandfathering.
[53:07.020 --> 53:13.020]  Okay, you use that to your advantage is what I'm saying because you have all those same protections.
[53:13.020 --> 53:26.020]  This business has been a repair. It used to be a gasoline station. I had the pumps and the tanks removed. And then, I know y'all don't want to carry this on, but for 61 years.
[53:26.020 --> 53:41.020]  Okay, so for 61 years it's been like this, but now the area is growing, people are building new homes and they're coming out here, so you have new people and they're like, we want to change this, so they're coming in there and fringing on my right.
[53:41.020 --> 53:47.020]  Okay, I understand exactly what you said though.
[53:47.020 --> 53:48.020]  Okay.
[53:48.020 --> 54:03.020]  Yeah, I'm basically just saying that if you have some kind of legal grandfathering certification, you need to look to that for your protections because just saying I've been here for 61 years, they're infringing on my right.
[54:03.020 --> 54:19.020]  That's not going to fly because as municipalities grow, they annex area as the city limits grow outward and they implement new zoning and this, I'm sorry to say, but this is how cities are built.
[54:19.020 --> 54:28.020]  Cities are built by railroading property owners. How do you think these Skype scrapers get downtown? Okay, somebody got railroaded.
[54:28.020 --> 54:44.020]  All right, I have watched something similar to this happen out in Sunset Valley here in Austin. There were a number of a family property owners that ran a ranch out nearby the intersection of 290 at Brody Lane.
[54:44.020 --> 54:51.020]  Okay, a number of like a small engine repair shop. They were a number of ranchers.
[54:51.020 --> 55:02.020]  Well, the city just, you know, it's growing and they're building, they build MOPAC, they build 290, they've got Southwest Parkway now, anybody that lives in Austin knows what I'm talking about.
[55:02.020 --> 55:15.020]  They build all these shopping centers out by the corner of 290 at Brody Lane until it's completely built up all around this old ranching community.
[55:15.020 --> 55:25.020]  And so what? They can stay on their land and then what? Have to live with being completely surrounded by shopping malls and traffic and all this stuff?
[55:25.020 --> 55:32.020]  I mean, they may not have gotten completely forced off their property legally, but it just got to the point you won't be there anymore.
[55:32.020 --> 55:40.020]  Okay, so it's just an unfortunate reality. This is how cities are built. And so you can't just say, I've been here for 61 years, blah, blah, blah.
[55:40.020 --> 55:53.020]  If they're trying to rezone your property, you have to fight the rezoning. If you're protected under those grandfathering, then you need to use that as a legal means to fight your case is what I'm trying to say.
[55:53.020 --> 56:09.020]  So if you have a business license, you need to look to those protections and you need to look to the protections of what you would have under that zoning if it was actually zoned for that because you have some kind of grandfathering certification.
[56:09.020 --> 56:22.020]  There has to be like a legal process that you go through. You can't just say, I've been here all this time. I have rights. It just doesn't work that way. You have to fight it in a legal manner is what I'm trying to say.
[56:22.020 --> 56:24.020]  So anyways, that's all.
[56:24.020 --> 56:25.020]  All right.
[56:25.020 --> 56:26.020]  Okay.
[56:26.020 --> 56:33.020]  Thank you, Tim. We're going to move ahead. We're running out of time here. We're already going to the second hour.
[56:33.020 --> 56:43.020]  Thank you, Tim. Now we're going to go to Olivier in Tennessee. We only have two minutes before the break. So go ahead, Olivier.
[56:43.020 --> 56:45.020]  Okay.
[56:45.020 --> 57:02.020]  I wanted to talk to you in reference to what is called the jurisdiction and venue on certain cases.
[57:02.020 --> 57:16.020]  I just wanted to give you a, I just wanted to read to you a section of a case with Emily Spain that properly covered jurisdiction and venue.
[57:16.020 --> 57:27.020]  If you wanted to argue a certain violation of a federal violation, you're trying to get into the federal court.
[57:27.020 --> 57:31.020]  Okay. You're going to read something.
[57:31.020 --> 57:43.020]  Okay.
[57:43.020 --> 57:45.020]  You're still there?
[57:45.020 --> 58:03.020]  However, when a genuine threat of prosecution exists, a litigant is entitled to resort to a federal forum to seek redress or an alleged deprivation of federal rights.
[58:03.020 --> 58:11.020]  Then it says see it gives you several other cases that I guess pertain to that statement.
[58:11.020 --> 58:23.020]  Is that sentence or is that phrase something that would give the authorizes jurisdiction?
[58:23.020 --> 58:30.020]  Yeah, I think so. I'm kind of scattered on what that said. I was watching the clock. We're about to go to break.
[58:30.020 --> 58:37.020]  Let's pick this up on the other side and maybe we'll be talking about how to address jurisdiction and venue in the suit.
[58:37.020 --> 58:50.020]  So we'll talk about that on the other side. Randy Kelkin, Deborah Siemens, Rudolf L. Radio, we'll be right back.
[58:50.020 --> 58:58.020]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
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[59:53.020 --> 01:00:00.020]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:23.020 --> 01:00:45.020]  Today in history, the year 1940, Walt Disney's second full-length animated film Pinocchio premieres in theaters today in history.
[01:00:45.020 --> 01:00:57.020]  In recent news, current county California Superior Court Judge David Lampe stated in a ruling today that the Tasteries Bakery in Bakersfield indeed has the right to refuse to bake a cake for same-sex wedding,
[01:00:57.020 --> 01:01:02.020]  but only because the act of baking is protected under free speech, more specifically artistic expression.
[01:01:02.020 --> 01:01:16.020]  Judge Lampe made it clear that freedom of religion does not give a business the right to refuse service to groups protected by the Civil Rights Act.
[01:01:16.020 --> 01:01:44.020]  This ruling seems to have been perfect timing since the high-profile case of the Colorado baker Jack Phillips, who did the same by refusing to bake a wedding cake for the same-sex couple a few years back,
[01:01:44.020 --> 01:01:48.020]  is about to be ruled on by the Supreme Court.
[01:01:48.020 --> 01:01:56.020]  Under initiative set by Prime Minister of Israel Benjamin Netanyahu's government, tens of thousands of African refugees will soon be forcefully expelled from Israel.
[01:01:56.020 --> 01:02:06.020]  And as being reported that on Sunday, Israeli government employees began handing out some 20,000 notices informing 20,000 African men that they have two months to leave the country or risk-facing jail time.
[01:02:06.020 --> 01:02:17.020]  These unmarried men are being given two options, go to prison or take $3,500 and be transported to a third country. No official statements as to where that would be is suspected as most likely Rwanda.
[01:02:17.020 --> 01:02:24.020]  Israeli pilots and doctors, among several others, have stated that they would not cooperate with any government efforts to remove migrants.
[01:02:24.020 --> 01:02:37.020]  The scenario has been in place since 2005 when Egypt's crackdown on Sudanese refugees triggered the mass migration of some 60,000 Africans who crossed into Israel before the 130-mile barrier was finished in 2013.
[01:02:37.020 --> 01:02:55.020]  It's estimated that some 20,000 have left since then.
[01:02:55.020 --> 01:03:23.020]  Let's go back to our time.
[01:03:23.020 --> 01:03:43.020]  Let's go back to our time.
[01:03:43.020 --> 01:04:11.020]  Let's go back to our time.
[01:04:11.020 --> 01:04:37.020]  Let's go back to our time.
[01:04:37.020 --> 01:04:45.020]  Okay, we are back. Ready to go? We have a radio. I apologize for the delay in having a bit of a mixer issue.
[01:04:45.020 --> 01:04:52.020]  Okay, we're talking to Olivier in Tennessee and you're talking about venue.
[01:04:52.020 --> 01:04:58.020]  Generally, when I look at a federal lawsuit, it only has a couple of sentences.
[01:04:58.020 --> 01:05:12.020]  The amount in controversy is over $75,000 and the court has venue because all actions complained of occurred within the jurisdiction of the court.
[01:05:12.020 --> 01:05:25.020]  That's really all there is to it. It's not really a big deal. I have filed them where I did not have a jurisdiction section and I never got any objection.
[01:05:25.020 --> 01:05:32.020]  Okay, so it's not something to get too excited to waste too much time over.
[01:05:32.020 --> 01:05:51.020]  If you obviously, by the nature of the suit and your location, if you obviously have venue the other side does, your section venue, the other side doesn't complain.
[01:05:51.020 --> 01:06:04.020]  Okay, but as I was, what I'm about to read, I want to know is would that clear up a jurisdictional challenge?
[01:06:04.020 --> 01:06:07.020]  Okay, read it again.
[01:06:07.020 --> 01:06:32.020]  It says that this is Woody v. Maryland, U.S. 1977. However, when a genuine threat of prosecution exists, a litigant is entitled to resort to a federal forum to seek redress for any, for an allegation, for an alleged deprivation of federal right.
[01:06:32.020 --> 01:06:40.020]  And it gives two concurring, two other case laws which reference to that statement.
[01:06:40.020 --> 01:06:56.020]  Okay, it sounds like there's something peculiar there. It sounds like this is addressing an issue where someone's being prosecuted and they're trying to prevent the prosecution.
[01:06:56.020 --> 01:07:02.020]  Did you read the whole case? Did you read the portions of the case around that?
[01:07:02.020 --> 01:07:14.020]  Right, yeah. This is how people address vague and unconstitutional overbearing statutes.
[01:07:14.020 --> 01:07:27.020]  So if you have a, in this case, the individuals were facing the statute where they were being prosecuted for covering the state model on their license plate.
[01:07:27.020 --> 01:07:32.020]  And they've been prosecuted three times already and been convicted.
[01:07:32.020 --> 01:07:55.020]  He's been convicted, but he's filing a 1983 suit against the state to keep them from prosecuting the statute and further prosecution against them and his wife for, because of deprivation of their federal right.
[01:07:55.020 --> 01:08:06.020]  So they didn't sue them to try to overturn the convictions that they already had, but they sued them to claim that the statute was valid.
[01:08:06.020 --> 01:08:18.020]  Okay, strictly a declaratory judgment suit and they're not asking the federal court to preempt a state prosecution.
[01:08:18.020 --> 01:08:20.020]  Right.
[01:08:20.020 --> 01:08:23.020]  Right.
[01:08:23.020 --> 01:08:36.020]  So that was kind of our point in going to declaratory judgment suits because it's easy to stick them in the courts and it's hard to get them to raise an objection against them.
[01:08:36.020 --> 01:08:37.020]  Right.
[01:08:37.020 --> 01:08:47.020]  You can't claim preemption because you're not asking the federal court to overturn a state court ruling.
[01:08:47.020 --> 01:08:54.020]  You're only asking the federal court to rule to declare the whites of the parties.
[01:08:54.020 --> 01:08:55.020]  Right.
[01:08:55.020 --> 01:09:09.020]  Which is the right that you have to do and I'm starting to kind of like realize, like, is this one of the balancing mechanisms that they have of the law that we're going?
[01:09:09.020 --> 01:09:22.020]  This was implemented as a tool to eliminate unnecessary litigation.
[01:09:22.020 --> 01:09:32.020]  A declaratory judgment suits is intended to be quick and simple relative to a full-blown civil suit.
[01:09:32.020 --> 01:09:52.020]  And before you sue someone claiming that you have a right and get into the whole discovery and petition and answer and all this back and forth, you can go do a declaratory judgment suit and get a ruling on whether or not this applies to you.
[01:09:52.020 --> 01:10:11.020]  Okay, correct, understood. How about that same circumstance that you just mentioned applies to the vagrant doctrine which an individual can challenge state statutes or city ordinances, correct?
[01:10:11.020 --> 01:10:15.020]  Yes.
[01:10:15.020 --> 01:10:34.020]  Because you have a right to notice and if the statute, if two ordinary reasonable people of ordinary prudence could read the statute and come to different ideas or beliefs about what the statute meant, then it's too vague and ambiguous.
[01:10:34.020 --> 01:10:53.020]  I was just in traffic court and complained that the citation was void because it was ambiguous. It accused me of speeding and I didn't know what that was.
[01:10:53.020 --> 01:11:10.020]  And the officer couldn't find a statute called speeding. So I didn't know if I was being charged with violating the transportation code or with some municipal ordinance. I didn't know what I was being charged with.
[01:11:10.020 --> 01:11:17.020]  So it was insufficient for me to be able to construct a viable defense.
[01:11:17.020 --> 01:11:19.020]  Thankness.
[01:11:19.020 --> 01:11:22.020]  Okay.
[01:11:22.020 --> 01:11:25.020]  So you cleared up the jurisdiction and venue part for me.
[01:11:25.020 --> 01:11:27.020]  All right.
[01:11:27.020 --> 01:11:40.020]  And I don't take much more time, but the statement of fact and point of authority statement of fact is just facts without a case law behind it.
[01:11:40.020 --> 01:11:53.020]  Right. It's just this happened and this happened and this happened and this happened. No argument, no explanation, just the facts and nothing else.
[01:11:53.020 --> 01:12:04.020]  Then in points and authorities, you go down those facts again and stitch them together with with statute and case law.
[01:12:04.020 --> 01:12:10.020]  Okay. I said, I said really a blank.
[01:12:10.020 --> 01:12:14.020]  Civil form a civil suit form.
[01:12:14.020 --> 01:12:20.020]  So it has all these sections in it.
[01:12:20.020 --> 01:12:28.020]  Starts out with a introduction. This is what this suit is going to claim.
[01:12:28.020 --> 01:12:40.020]  A statement of facts and you want to construct your introduction so that when the person reads the statement of facts, the introduction told him where you're going.
[01:12:40.020 --> 01:12:52.020]  So you'll tend to try to make sense of these facts in the context of where the wider center trying to go.
[01:12:52.020 --> 01:13:03.020]  So if you construct your statement of facts artfully, you will leave the person to come to the decisions that you want them to come to in your statement of facts.
[01:13:03.020 --> 01:13:14.020]  And then you go to points and authorities and you draw the same conclusions that you tried to get your reader to come to when he read the statement of facts.
[01:13:14.020 --> 01:13:22.020]  So you add the case law in support of the conclusions you wanted to come to. Does that make sense? Olivia?
[01:13:22.020 --> 01:13:26.020]  Yes, it does.
[01:13:26.020 --> 01:13:43.020]  Okay. Now there's different levels of complexity when it comes to expressing a idea or argument. Does that really matter in the federal court?
[01:13:43.020 --> 01:13:57.020]  No. That's all up to you. What it takes, you use as much complexity as it takes to establish your facts and law.
[01:13:57.020 --> 01:14:11.020]  Sometimes the interrelationships between the facts and the law can get somewhat complex and the amount of complexity you use is that amount that is necessary.
[01:14:11.020 --> 01:14:35.020]  A way to avoid unnecessary complexity is when you start out, whatever your claim is, first you go and find the model, trying to think of the exact word, the pattern jury charge.
[01:14:35.020 --> 01:14:42.020]  For any claim, for most every claim you can make, there is a pattern jury charge.
[01:14:42.020 --> 01:14:54.020]  And what that pattern jury charge says is the judge is going to say to the jury, this is what you must find.
[01:14:54.020 --> 01:15:03.020]  You must find this element and this element and this element and this element. If anyone's missing, you have to rule against them.
[01:15:03.020 --> 01:15:09.020]  So first thing you want to get for each claim you want to make is pattern jury charge.
[01:15:09.020 --> 01:15:22.020]  If you write arguments that go to anything other than what is in the pattern jury charge, you are wasting your time and the court's time.
[01:15:22.020 --> 01:15:27.020]  Pattern jury charge will keep you focused.
[01:15:27.020 --> 01:15:33.020]  Have you looked up pattern jury charges for your issues, Olivier?
[01:15:33.020 --> 01:15:37.020]  Right, you use that in the statement of fact and point of authority.
[01:15:37.020 --> 01:15:44.020]  No, no, no. Pattern jury charge is not in the document.
[01:15:44.020 --> 01:15:45.020]  No, no, no.
[01:15:45.020 --> 01:15:47.020]  It's a guideline.
[01:15:47.020 --> 01:15:59.020]  I understand that I'm saying like the concept that you're telling me about pattern jury charge, you have to keep what is relevant to your claim in the forefront.
[01:15:59.020 --> 01:16:01.020]  So, exactly, exactly.
[01:16:01.020 --> 01:16:12.020]  Look at your statement of facts. Would this lead the reader to a conclusion about something that's not relevant to the pattern jury charge?
[01:16:12.020 --> 01:16:19.020]  With this argument, your points and authorities go to some issues that don't matter.
[01:16:19.020 --> 01:16:20.020]  Right.
[01:16:20.020 --> 01:16:23.020]  So it keeps you focused.
[01:16:23.020 --> 01:16:25.020]  Okay, okay.
[01:16:25.020 --> 01:16:28.020]  Hang on, hang on. We've only got 30 seconds.
[01:16:28.020 --> 01:16:33.020]  We'll pick this up on the other side. Mauricio, we'll get to you there.
[01:16:33.020 --> 01:16:44.020]  I think we had Jeff, but we lost him. This is Randy Kelton, Denver Stevens, rule of law radio, or call in number 512-646-1984.
[01:16:44.020 --> 01:16:54.020]  It's a good time to go check out Logos Radio Network because our new fundraiser is starting and we're hoping for big money this time.
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[01:19:01.020 --> 01:19:11.020]  This is the Logos Radio Net Radio Wait.
[01:19:11.020 --> 01:19:34.300]  Okay, we are back, Randy Kessler and Debra Stevens live on the radio and we're talking
[01:19:34.300 --> 01:19:35.300]  to Olivier in Tennessee.
[01:19:35.300 --> 01:19:36.300]  You had one more question.
[01:19:36.300 --> 01:19:47.140]  Yes, sir. Okay. I'm pretty understanding about the jurisdictional uses of case law when
[01:19:47.140 --> 01:19:55.900]  you file suit. But I've been trying to figure out a way to bypass that because my claim
[01:19:55.900 --> 01:20:06.260]  in assertions include other cases that's applied to other states. But I was looking
[01:20:06.260 --> 01:20:14.740]  at the, I'm making a 14th Amendment claim, right? But I was reading and I found that
[01:20:14.740 --> 01:20:28.020]  the Article IV states that the citizens of each state shall be entitled to all privileges
[01:20:28.020 --> 01:20:35.980]  and immunities of citizens in the several states. While the 14th Amendment provides
[01:20:35.980 --> 01:20:43.860]  that no state shall make or enforce any law which shall abridge the privileges and immunities
[01:20:43.860 --> 01:20:50.860]  of the citizens of the United States. I just read to you the privileges and immunities
[01:20:50.860 --> 01:20:58.260]  clause out of the black law dictionary. So I know that we're not supposed to, we're not
[01:20:58.260 --> 01:21:08.660]  supposed to use state law, state Supreme Court cases in a federal courtroom. But I'm wondering
[01:21:08.660 --> 01:21:17.540]  since this violation is against the 14th Amendment and Article IV which states that,
[01:21:17.540 --> 01:21:23.940]  you know, the states of each citizen shall be entitled to the privileges and immunities
[01:21:23.940 --> 01:21:31.420]  of citizens in all the several states. I'm figuring is that an escape for me to be able
[01:21:31.420 --> 01:21:40.180]  to use Supreme Court cases that have been ruled in other states to prove the fact that,
[01:21:40.180 --> 01:21:51.820]  hey, this state says that a driver's or operator's license is not needed for the use of an automobile
[01:21:51.820 --> 01:21:52.820]  and bring...
[01:21:52.820 --> 01:22:04.380]  Yes. The way you can use state cases in a federal pleading is for their instructive
[01:22:04.380 --> 01:22:15.140]  value. They are not controlling. So the judge can choose to follow it or not choose to follow
[01:22:15.140 --> 01:22:26.940]  it. If it's a federal supreme or federal court of appeals, then the federal district is required
[01:22:26.940 --> 01:22:35.220]  to follow what the case says. But if it's a state case, it's merely informative. You
[01:22:35.220 --> 01:22:43.620]  can use it, but the judge is not compelled to follow it. That's generally used when you
[01:22:43.620 --> 01:22:52.260]  have a federal case that doesn't explain, that addresses the same issue, but maybe is
[01:22:52.260 --> 01:23:01.380]  not as clear or articulate, or fails to address the nuance of the issue where a state case
[01:23:01.380 --> 01:23:10.060]  has addressed the nuance, then you can bring in the state case as instructive as all of
[01:23:10.060 --> 01:23:19.380]  the courts tend to trust the judgment of other courts. If this court hasn't addressed this
[01:23:19.380 --> 01:23:26.580]  particular issue and a state court has, then rather than this court has to do all the work
[01:23:26.580 --> 01:23:34.860]  to address that issue, they can accept the ruling on a state case, but they're not required
[01:23:34.860 --> 01:23:35.860]  to.
[01:23:35.860 --> 01:23:47.780]  Okay. I found several state cases which adequately adjust the topic, but I can't find federal
[01:23:47.780 --> 01:23:57.540]  cases that address the topic in its full form. It addresses it, but in code, which is not
[01:23:57.540 --> 01:24:06.940]  explicit explanation of all the things that are applied in my argument.
[01:24:06.940 --> 01:24:17.660]  That's a very good place to pull state law under full faith and credit. The one court
[01:24:17.660 --> 01:24:23.780]  will give full faith and credit to another court. This is how you can bring law from
[01:24:23.780 --> 01:24:31.700]  one state into another state. If one state has a law addressing an issue that has not
[01:24:31.700 --> 01:24:43.460]  been addressed in the other state, the legislators of one state trust the legislators of another
[01:24:43.460 --> 01:24:49.940]  state. If the other state has addressed this issue, you can, under full faith and credit,
[01:24:49.940 --> 01:24:59.500]  you can pull that statute into your state and the state can accept that as probative
[01:24:59.500 --> 01:25:05.860]  or not necessarily controlling. I'm not sure exactly what the correct word is. Wording
[01:25:05.860 --> 01:25:14.420]  would be for that, but they can't accept this ruling as being just because another legislature
[01:25:14.420 --> 01:25:20.140]  has already addressed the issue and they trust them to write just law. Am I making sense
[01:25:20.140 --> 01:25:21.140]  there?
[01:25:21.140 --> 01:25:28.660]  Yes. It makes sense. Plus, they all have to be equal because if we travel from one state
[01:25:28.660 --> 01:25:36.700]  to another, we need notice which their laws have to be similar if we have our rights.
[01:25:36.700 --> 01:25:41.820]  Their laws have to be similar to conform to our rights that we know that we are aware
[01:25:41.820 --> 01:25:42.820]  of.
[01:25:42.820 --> 01:25:52.500]  The federal government created a model penal code, model code of criminal procedure and
[01:25:52.500 --> 01:25:59.940]  model transportation code and promoted all of the states to adopt them. Most of the states
[01:25:59.940 --> 01:26:10.420]  did, I think three didn't. But even the three that did not, their codes are very similar.
[01:26:10.420 --> 01:26:16.700]  The feds wanted this so that we could move freely from one state to another and have
[01:26:16.700 --> 01:26:23.420]  knowledge when we were violating the law. If the statutes were totally different, we
[01:26:23.420 --> 01:26:28.500]  couldn't effectively move around because we'd always be worried about being thrown in jail
[01:26:28.500 --> 01:26:33.860]  or something we didn't know about. Yes, most of them are very similar and that's part of
[01:26:33.860 --> 01:26:38.260]  the rationale of full faith in credit.
[01:26:38.260 --> 01:26:42.380]  Okay. All right. Thanks, Ryan.
[01:26:42.380 --> 01:26:49.860]  Okay. Thank you, Olivier. Now we're going to go to Mauricio in Texas. Hello, Mauricio.
[01:26:49.860 --> 01:26:53.460]  Hey, Randy. How's it going, brother?
[01:26:53.460 --> 01:26:54.940]  It's going good.
[01:26:54.940 --> 01:27:01.540]  That's good. Hey, I'm actually calling not for my case, but because of Tim's case, the
[01:27:01.540 --> 01:27:07.540]  first caller. Through the years I've listened to you, I've noticed a lot of people calling,
[01:27:07.540 --> 01:27:13.660]  especially with the category of junk vehicles. I've noticed you give advice about tarp and
[01:27:13.660 --> 01:27:19.700]  stuff like that. Well, I personally had an issue like that. I guess I'm calling to ask
[01:27:19.700 --> 01:27:27.260]  if I got lucky, but this is what I wound up doing. I used to own a taxi and limo company
[01:27:27.260 --> 01:27:34.660]  in my hometown. My house, I've been here for over 30 years and there was a time where
[01:27:34.660 --> 01:27:40.020]  the gangs were real bad and the property value dropped and there were a lot of real bad houses.
[01:27:40.020 --> 01:27:47.020]  So I was able to purchase six lots right next to my house that are all side by side. So I
[01:27:47.020 --> 01:27:53.060]  essentially have a big side yard. Well, I decided to run for office, show some of the
[01:27:53.060 --> 01:27:58.260]  corruption that was going on in this town and under the table bills. They were able
[01:27:58.260 --> 01:28:03.420]  to purchase the election. I didn't get elected and return for my troubles. The ordinance,
[01:28:03.420 --> 01:28:10.500]  the vehicle for hire, all of a sudden disappeared and I received a cease and despair. So I had
[01:28:10.500 --> 01:28:19.780]  to park five limos and probably 20, almost 25 cars that were all considered vehicles
[01:28:19.780 --> 01:28:25.820]  at one time that are now just my private property. So I brought them all home to my house and
[01:28:25.820 --> 01:28:31.900]  I parked them in a back lot. Got about five lots there that are still open that the neighbor
[01:28:31.900 --> 01:28:37.220]  children use for soccer or football and they parked there when they have parks and parties
[01:28:37.220 --> 01:28:42.580]  and we're a good neighborhood and they're okay with it. We're all car people. We're
[01:28:42.580 --> 01:28:48.540]  parts of fancy car clubs and all that. So there's not a problem. I parked the cars
[01:28:48.540 --> 01:28:55.300]  back there and I started getting rid of them one at a time at auction. Well, either way,
[01:28:55.300 --> 01:29:02.380]  I get the jump vehicle ordinance. Boom. You've got 10 days to get rid of them. If not, you're
[01:29:02.380 --> 01:29:08.100]  going to get a citation for every day for every vehicle that's out there. So I went
[01:29:08.100 --> 01:29:15.260]  in there and I argued the fact that, well, first of all, in the state constitution, the
[01:29:15.260 --> 01:29:20.380]  only way a law can be passed is if it's heard or brought up through the House of Senate,
[01:29:20.380 --> 01:29:25.380]  right through three days approved and then the governor signs it in or there's a call
[01:29:25.380 --> 01:29:31.540]  that says after 30 days, if it's not signed, it's enacted. The city ordinance never went
[01:29:31.540 --> 01:29:38.140]  through that. So technically, a city ordinance is not a law. If anything, it's a rule, a
[01:29:38.140 --> 01:29:43.420]  rule for the city employees and for the businesses contracted to do business with the city and
[01:29:43.420 --> 01:29:49.580]  contractors contracted to the city. I know we're the owners of the business and those
[01:29:49.580 --> 01:29:56.500]  ordinance are the rules that you all have to abide by because we say so, in a sense.
[01:29:56.500 --> 01:30:01.700]  The other argument I made was I pulled out the...
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[01:33:26.620 --> 01:33:32.780]  Hey, we are back. Randy Kelton with Rural Radio. We're talking to Mauricio in Texas.
[01:33:32.780 --> 01:33:45.740]  And you are speaking to the constitutionality of an ordinance. In Tim's case, we mentioned
[01:33:45.740 --> 01:33:53.620]  that we filed protection for declaratory judgment suit against the municipality. That was the
[01:33:53.620 --> 01:34:03.740]  focus of the declaratory judgment suit. It was in the form of a constitutional challenge.
[01:34:03.740 --> 01:34:12.140]  We alleged that the legislature, by constitution, was authorized to write law. The legislature
[01:34:12.140 --> 01:34:21.860]  was also authorized to delegate certain powers, the lawmaking function not being one of them.
[01:34:21.860 --> 01:34:27.340]  And while the legislature delegated its power to write law to municipalities, they did not
[01:34:27.340 --> 01:34:36.940]  have the authority to do that. That municipal ordinance is only applied to municipal employees.
[01:34:36.940 --> 01:34:45.940]  That's the story. I'm sticking to it. Go ahead, Mauricio.
[01:34:45.940 --> 01:34:52.580]  I will second the motion on that one. The other argument that I brought up is I broke
[01:34:52.580 --> 01:34:58.620]  down the violation itself, junk vehicle. So I said, let's look at the terminology vehicle,
[01:34:58.620 --> 01:35:03.620]  pulled out blacks, older edition because it shows the case law and read it off-blown.
[01:35:03.620 --> 01:35:08.220]  I can provide a copy of the case law if you want the whole thing. I go, but these are
[01:35:08.220 --> 01:35:13.780]  no longer vehicles because they're no longer for hire. That's my private property. And
[01:35:13.780 --> 01:35:18.940]  if you want, we can go to court and I'll educate people that you have a problem with
[01:35:18.940 --> 01:35:25.980]  me having my debt-free property on my so-called debt-free real estate.
[01:35:25.980 --> 01:35:32.140]  The attorney had them get in the fed and she says, look, you sound like you want this to
[01:35:32.140 --> 01:35:36.780]  go away in an apology letter. I go, no, ma'am. I go, you can keep the apology letter. I
[01:35:36.780 --> 01:35:41.940]  just want all this to go away. She goes, no, we're going to have to go to court. I go,
[01:35:41.940 --> 01:35:47.820]  that's fine. If you want to lose to a pro-state, it's going to look bad on you. I walk out.
[01:35:47.820 --> 01:35:53.180]  Day before court, I get a phone call and they tell me, Mr. Garza, there's absolutely no
[01:35:53.180 --> 01:35:57.740]  need for you to show up tomorrow for court because your case has been dismissed. I said,
[01:35:57.740 --> 01:36:03.420]  well, now why? But she looks at it as, well, according to the attorney, you're in compliance.
[01:36:03.420 --> 01:36:08.980]  Totally leaving the door open for malicious prosecution lawsuit, but I wouldn't do it
[01:36:08.980 --> 01:36:12.980]  because it'd be shooting myself in the foot anyways because my property taxes would probably
[01:36:12.980 --> 01:36:14.980]  go up just to cover it.
[01:36:14.980 --> 01:36:15.980]  Good point.
[01:36:15.980 --> 01:36:20.980]  But that's how I beat that.
[01:36:20.980 --> 01:36:27.500]  And obviously, I still have some limos and cars here that they've been here for about
[01:36:27.500 --> 01:36:30.340]  five years now and not a word.
[01:36:30.340 --> 01:36:38.420]  That is a little bit different. Somewhat different than the Tim's case because Tim's
[01:36:38.420 --> 01:36:50.500]  case is his vehicles are on private property and on commercial property. So that's an interesting
[01:36:50.500 --> 01:36:58.580]  argument on the vehicles on the private property. And we can still argue this because we found
[01:36:58.580 --> 01:37:05.980]  a challenge subject matter jurisdiction. The city did not answer it. We found a motion
[01:37:05.980 --> 01:37:16.180]  for summary judgment. They did not answer. We found a request to have the default judgment
[01:37:16.180 --> 01:37:26.300]  case put on for hearing and the city refused. And then they did this administrative hearing
[01:37:26.300 --> 01:37:33.860]  and they messed up the administrative hearing work and adjudicated the case instead of determining
[01:37:33.860 --> 01:37:41.620]  the disposition of the vehicles and bypassed his jury trial. Then they sued him to collect
[01:37:41.620 --> 01:37:50.300]  on these fees. So they made a big mess. And right now, the only thing we're arguing is
[01:37:50.300 --> 01:37:57.580]  the fact that they sued to collect these fees. We filed subject matter jurisdiction challenge
[01:37:57.580 --> 01:38:05.260]  and they filed a response to the subject matter jurisdiction challenge and their argument was
[01:38:05.260 --> 01:38:13.460]  that since we argued that they did not have jurisdiction, then necessarily we did not
[01:38:13.460 --> 01:38:21.580]  have jurisdiction either. Well, that was a stupid argument. They stipulated that they
[01:38:21.580 --> 01:38:27.700]  didn't have jurisdiction and speculated that because they didn't have jurisdiction, we
[01:38:27.700 --> 01:38:36.020]  didn't either. Well, that was a specious argument because it does not follow. So anyway, now
[01:38:36.020 --> 01:38:43.820]  we're waiting for the court to rule and before we take on the other issues, as soon as the
[01:38:43.820 --> 01:38:49.340]  court rules on this, then we unload on them. Then we come back out of the criminal charges.
[01:38:49.340 --> 01:38:56.420]  We've got a set of criminal charges in the hands of the district attorney, but he's dragging
[01:38:56.420 --> 01:39:02.780]  his feet on those. So it'll be interesting to see how all this shakes out.
[01:39:02.780 --> 01:39:10.620]  Oh, yes. Now, another curiosity thing. Supposedly, the guilt of burden is on the city or state
[01:39:10.620 --> 01:39:19.700]  to show. Now, what proof did they have that the private property that was sitting on his
[01:39:19.700 --> 01:39:27.380]  commercially private property was going to be used as a vehicle for hire? What in essence
[01:39:27.380 --> 01:39:33.860]  gave the city ordinance person the understanding or thinking that that was a vehicle and not
[01:39:33.860 --> 01:39:35.900]  private property or private conveyance?
[01:39:35.900 --> 01:39:44.980]  And that is a good point. That's an argument we did not pick up and one I actually need
[01:39:44.980 --> 01:39:51.580]  to get incorporated. I'm making a note.
[01:39:51.580 --> 01:39:54.580]  Can I get out there?
[01:39:54.580 --> 01:40:02.820]  That's an interesting argument. I was in a traffic court until Tuesday and the officer
[01:40:02.820 --> 01:40:09.660]  said that he observed the vehicle and I objected and the judge said, well, Mr. Kellen, what's
[01:40:09.660 --> 01:40:17.060]  the nature of your objection? It implies the fact, not in evidence. Overruled.
[01:40:17.060 --> 01:40:29.500]  But this is this is traffic court. He overruled everything except one. When I asked the officer
[01:40:29.500 --> 01:40:39.660]  what law he was enforcing, the prosecutor objected and the judge overruled and the officer couldn't
[01:40:39.660 --> 01:40:46.860]  tell me because the citation said, speak. What's that? I can't find speeding in the
[01:40:46.860 --> 01:40:56.020]  code anywhere. As far as I can tell, it's not listed as a crime directly in the code.
[01:40:56.020 --> 01:41:00.020]  It's not. Speeding in and of itself is not a crime.
[01:41:00.020 --> 01:41:10.900]  There's no statute called speeding. In the code and the Texas transportation code, there's
[01:41:10.900 --> 01:41:26.580]  one called exceeding, I've got it right here. Maximum speed requirement. It's got that one.
[01:41:26.580 --> 01:41:39.300]  But there's no statute that says it is a violation to that. It just says what the maximum speed
[01:41:39.300 --> 01:41:45.340]  requirements are and that's just what's safe and prudent. And then it has one title, probably
[01:41:45.340 --> 01:41:51.820]  facing speed limits, but it doesn't have a statute that says that it is a violation to
[01:41:51.820 --> 01:42:05.780]  speed. So I argued that I did not was not advised of the nature and cause. Overruled.
[01:42:05.780 --> 01:42:13.140]  I was joking around and they do it because I have fully intended to appeal. And he said,
[01:42:13.140 --> 01:42:19.140]  well, why don't you just continue to appeal? This is not a court record. Let's practice.
[01:42:19.140 --> 01:42:24.700]  I want to see what kind of arguments you guys come up with.
[01:42:24.700 --> 01:42:33.780]  And when I asked the judge to arrest the prosecutor for failing to provide discovery, guys, if
[01:42:33.780 --> 01:42:38.380]  you've been in court and you've asked for discovery, especially in traffic, they never
[01:42:38.380 --> 01:42:49.260]  give you any 39.14 Texas code of criminal procedure. The Michael Morton Act requires
[01:42:49.260 --> 01:42:57.460]  that the prosecutor provide discovery 20 days before trial. I've said, you know, I quoted
[01:42:57.460 --> 01:43:02.820]  that to him and said, here I am on the day of trial and I haven't received discovery.
[01:43:02.820 --> 01:43:07.820]  Before he denied me in my right to discovery while acting under the color of an official
[01:43:07.820 --> 01:43:13.260]  capacity. And that's a violation of the 39.03 penal code, which is a classic misdemeanor
[01:43:13.260 --> 01:43:22.140]  in Texas. I need you to arrest the prosecutor. The look on his face was priceless. He didn't
[01:43:22.140 --> 01:43:29.740]  see that one coming. Okay. Okay. Are you do you have anything else for us from the ratio
[01:43:29.740 --> 01:43:34.740]  or about to go to break? No, Randy. Those were just the points I wanted to bring up.
[01:43:34.740 --> 01:43:40.420]  If it's okay, I'll get with you after the show on my case and we'll talk later. Okay.
[01:43:40.420 --> 01:43:46.060]  Thank you. Okay. We are going to break. Randy Kelton, Deborah Stevens, rule of law radio
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[01:46:22.820 --> 01:46:30.820]  Some things in this world I will never understand. Some things I realize fully.
[01:46:30.820 --> 01:46:39.820]  Somebody's on a police, that police man. Somebody's on a police, a police.
[01:46:39.820 --> 01:46:48.820]  There's always room at the top of the hill. I hear things of great mind and it's lonely left too.
[01:46:48.820 --> 01:46:58.820]  They're wishing it with more than opposition to fail. They know that if they don't do it, somebody will.
[01:46:58.820 --> 01:47:06.820]  Okay, we are back. Randy Kelton, Deborah Stevens, LulevLaw Radio and we're going to Jeff in Mississippi. Hello, Jeff.
[01:47:06.820 --> 01:47:09.820]  Hey, Randy. I'm coming through.
[01:47:09.820 --> 01:47:11.820]  You're coming through.
[01:47:11.820 --> 01:47:16.820]  Alright. I've got an old question.
[01:47:16.820 --> 01:47:22.820]  Well, I'm an old guy and I can give you an old answer.
[01:47:22.820 --> 01:47:40.820]  Alright. I went to court having a rifle on a college campus but I was actually living across the street in some apartments that were not on campus.
[01:47:40.820 --> 01:47:49.820]  And so what I did was to fight the case, I showed up the trial and I brought the land title.
[01:47:49.820 --> 01:47:57.820]  And the DA argued that the land title was not authentic.
[01:47:57.820 --> 01:48:09.820]  And the judge agreed with him because I had not brought the clerk of the court over the land title division to, I hadn't brought him to testify.
[01:48:09.820 --> 01:48:16.820]  I just brought the actual document. And so they said that that was unauthentic.
[01:48:16.820 --> 01:48:28.820]  Later, I found out that I could have stated that the clerk's seal in the upper corner authenticates the document, but I didn't do it at the time.
[01:48:28.820 --> 01:48:48.820]  And so I'm planning on going back and doing a declarative judgment case, but I know that the federal courts, or whichever court that I go up to, is going to turn right back around and say that, oh, it's an unauthenticated document.
[01:48:48.820 --> 01:48:51.820]  So I wanted your thoughts.
[01:48:51.820 --> 01:48:58.820]  Well, if it has the clerk's seal on it, I doubt that the federal courts are going to say that.
[01:48:58.820 --> 01:49:04.820]  That will create a real problem for them.
[01:49:04.820 --> 01:49:14.820]  Because if you appeal it and it goes to the court of appeals and the court of appeals says that a court seal does not authenticate a document, now they got a problem.
[01:49:14.820 --> 01:49:24.820]  Now they can't bring anything from the court record into the court without dragging the clerk in there to testify to its authenticity.
[01:49:24.820 --> 01:49:25.820]  Authenticity.
[01:49:25.820 --> 01:49:28.820]  That's exactly what they said.
[01:49:28.820 --> 01:49:42.820]  That's what the Mississippi appeals court said is that Jeffrey brought in the land records, but it was unauthentic.
[01:49:42.820 --> 01:49:44.820]  I got that. That's what you said.
[01:49:44.820 --> 01:50:02.820]  But now you followed the declaratory judgment with the federal district court and asked the district court to rule that a clerk stamp or seal authenticate a document.
[01:50:02.820 --> 01:50:04.820]  And what are they going to say?
[01:50:04.820 --> 01:50:06.820]  No.
[01:50:06.820 --> 01:50:09.820]  That'll make the clerks crazy all over the country.
[01:50:09.820 --> 01:50:15.820]  Now they spend all their time in court testifying to the authenticity of documents.
[01:50:15.820 --> 01:50:17.820]  So they can't rule that.
[01:50:17.820 --> 01:50:24.820]  They can't get that in an appeals court where it would become precedent.
[01:50:24.820 --> 01:50:25.820]  Okay.
[01:50:25.820 --> 01:50:36.820]  Well, what I was trying to say earlier is that when I originally went to trial in the district court, the judge said that you don't have the clerk here, so it's unauthentic.
[01:50:36.820 --> 01:50:40.820]  And so he overruled and suppressed my land title.
[01:50:40.820 --> 01:50:47.820]  And then I went on appeal to the Mississippi Supreme Court and the Mississippi Supreme Court in their order agreed with the court.
[01:50:47.820 --> 01:50:50.820]  Said, yeah, he's got unauthenticated documents.
[01:50:50.820 --> 01:50:53.820]  This land title is unauthentic.
[01:50:53.820 --> 01:51:08.820]  So in Mississippi, anyone in court can require that the clerk can subpoena the clerk to authenticate any clerk documents they bring into court.
[01:51:08.820 --> 01:51:10.820]  Okay.
[01:51:10.820 --> 01:51:15.820]  I don't think they were just doing that.
[01:51:15.820 --> 01:51:24.820]  Okay. That creates a real problem if lawyers begin to use it.
[01:51:24.820 --> 01:51:25.820]  Okay.
[01:51:25.820 --> 01:51:29.820]  Was that issue ruled on by the court of appeals?
[01:51:29.820 --> 01:51:38.820]  Well, you said the Supreme ruled on and said that authentication is worthless, that a clerk stamp is worthless.
[01:51:38.820 --> 01:51:39.820]  No, they didn't say the clerk stamp.
[01:51:39.820 --> 01:51:41.820]  They were very vague about it.
[01:51:41.820 --> 01:51:51.820]  They just said that Jeffrey Hill tried to enter the land title into court and it was overruled as unauthentic.
[01:51:51.820 --> 01:51:54.820]  And so therefore it's unauthentic.
[01:51:54.820 --> 01:51:58.820]  They didn't give any specifics to it.
[01:51:58.820 --> 01:52:02.820]  So they kind of covered their behinds.
[01:52:02.820 --> 01:52:03.820]  Yes.
[01:52:03.820 --> 01:52:09.820]  They basically said that the district court said it was unauthentic and so they wouldn't allow that in there.
[01:52:09.820 --> 01:52:14.820]  And that was it.
[01:52:14.820 --> 01:52:15.820]  Okay.
[01:52:15.820 --> 01:52:17.820]  What's your question?
[01:52:17.820 --> 01:52:20.820]  Are you asking about remedy?
[01:52:20.820 --> 01:52:21.820]  Yes.
[01:52:21.820 --> 01:52:31.820]  If I come back with a declaratory judgment suit based on my loss with the appeal.
[01:52:31.820 --> 01:52:39.820]  I state that just like what you just mentioned that the land title was authentic, it had the seal of the clerk.
[01:52:39.820 --> 01:52:47.820]  And that's all I was wanting to ask is how to word that in my next case.
[01:52:47.820 --> 01:52:51.820]  I would have to think about that.
[01:52:51.820 --> 01:53:04.820]  That creates a very difficult problem and you need to word your request in a way that they cannot duck and dodge around it.
[01:53:04.820 --> 01:53:11.820]  But then again, does a clerk seal authenticate a document?
[01:53:11.820 --> 01:53:15.820]  Have you done case law research on that issue?
[01:53:15.820 --> 01:53:17.820]  No, I haven't.
[01:53:17.820 --> 01:53:22.820]  I'm going to bet you're going to find that the case law says it does.
[01:53:22.820 --> 01:53:25.820]  Okay.
[01:53:25.820 --> 01:53:27.820]  Almost certainly.
[01:53:27.820 --> 01:53:30.820]  Otherwise, why bother?
[01:53:30.820 --> 01:53:35.820]  What's the point of a clerk stamp on a document if it means nothing?
[01:53:35.820 --> 01:53:42.820]  Now, I did not object to the seal in court because back then I really didn't know what I was doing.
[01:53:42.820 --> 01:53:44.820]  I was just in there.
[01:53:44.820 --> 01:53:45.820]  Okay.
[01:53:45.820 --> 01:53:48.820]  Did you may not have that before the court?
[01:53:48.820 --> 01:54:04.820]  If you're going to go back after them, all these points that you don't want thrown out or stuffed under the rug, you might go for declaratory judgment on them before you go to trial with them.
[01:54:04.820 --> 01:54:06.820]  Yes, declaratory judgment.
[01:54:06.820 --> 01:54:18.820]  Now, when the judge did say that the clerk's not here to testify, I then immediately said, well, let's subpoena her because she's just across the street and then they wouldn't do that.
[01:54:18.820 --> 01:54:26.820]  I did get that on the record, but I didn't mention the seal.
[01:54:26.820 --> 01:54:31.820]  I don't know how to, I would have to study how to remedy that.
[01:54:31.820 --> 01:54:32.820]  Okay.
[01:54:32.820 --> 01:54:36.820]  What's specific to Mississippi law?
[01:54:36.820 --> 01:54:47.820]  Is it in Mississippi law that you have to have a clerk author authenticate a land title?
[01:54:47.820 --> 01:54:55.820]  Is there some statute I don't know about that the judges are following or some case law?
[01:54:55.820 --> 01:55:03.820]  If you don't support with standing law, then you need to move for declaratory judgment on it.
[01:55:03.820 --> 01:55:08.820]  But if you're not in suit with anybody on anything and you file a declaratory judgment suit, you can't.
[01:55:08.820 --> 01:55:15.820]  You've got to have some kind of a controversy.
[01:55:15.820 --> 01:55:22.820]  I don't know if you could do this at this point because that case is closed.
[01:55:22.820 --> 01:55:25.820]  It raised the issue in that court.
[01:55:25.820 --> 01:55:30.820]  I mean, in that case.
[01:55:30.820 --> 01:55:43.820]  So how do we get to declaratory judgment when we don't have an opposing party and therefore don't have a real controversy?
[01:55:43.820 --> 01:55:48.820]  Oh, you could set that up.
[01:55:48.820 --> 01:55:55.820]  Should I do a declaratory judgment in the federal district court?
[01:55:55.820 --> 01:56:14.820]  Well, yeah, yeah, in a federal district court, but generally when you get a ticket, the complaint of the actual charge is filed by the clerk.
[01:56:14.820 --> 01:56:20.820]  And they'll have the clerk seal on it.
[01:56:20.820 --> 01:56:24.820]  That would give you the controversy you did.
[01:56:24.820 --> 01:56:27.820]  Okay.
[01:56:27.820 --> 01:56:39.820]  Now, the other angle of looking at this is that I objected that the district attorney never brought the land title in as exculpatory evidence.
[01:56:39.820 --> 01:56:46.820]  I objected on a brady violation.
[01:56:46.820 --> 01:56:49.820]  Yeah, that's kind of what I got.
[01:56:49.820 --> 01:56:52.820]  The problem with that case is it's too old now.
[01:56:52.820 --> 01:56:58.820]  It's been adjudicated so it's no longer a controversy.
[01:56:58.820 --> 01:57:03.820]  Are you planning on filing another case?
[01:57:03.820 --> 01:57:21.820]  Well, when I lost my case in the appeal in the Mississippi Supreme, I thought that I could then file a declaratory suit against the Mississippi Supreme and federal court to try to get that reversed to try to get the Mississippi.
[01:57:21.820 --> 01:57:33.820]  First, you'd have to appeal the Mississippi case to the Fed, otherwise there is no controversy.
[01:57:33.820 --> 01:57:40.820]  Okay, now can I go to the federal district court or are we talking the U.S. Supreme Court?
[01:57:40.820 --> 01:57:52.820]  I have to check. I believe it would be the federal district court because you're not suing the state of Mississippi.
[01:57:52.820 --> 01:58:02.820]  This is where the state of Mississippi is prosecuting you. The only time you go straight to the Supreme is if you're filing suit against the state.
[01:58:02.820 --> 01:58:04.820]  Okay.
[01:58:04.820 --> 01:58:10.820]  Okay, we are out of time. This is Randy Kelton, Deborah Steven.
[01:58:10.820 --> 01:58:16.820]  If you have more questions, Jeff, call in tomorrow night. We'll have our four hour show.
[01:58:16.820 --> 01:58:23.820]  And John, I'm sorry I didn't have time to get to you. If you'll call in tomorrow night, we'll bump you up early.
[01:58:23.820 --> 01:58:36.820]  This is Randy Kelton, Deborah Stevens. We'll have our radio on this the eighth day of February 2018. And we do have our 2018 fundraiser starting.
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[01:58:45.820 --> 01:58:49.820]  Thank you all for listening and good night.
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