ROL_2019-06-28_16k_Hr1-2.timecode
[00:00.000 --> 00:06.000] The following news flash is brought to you by The Lone Star Lowdown, providing the deli
[00:06.000 --> 00:13.000] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.000 --> 00:17.000] into the tides of the alternative.
[00:17.000 --> 00:23.000] Markets for Wednesday the 26th of June 2019 open with precious metals, gold at $1,407.70
[00:23.000 --> 00:29.000] an ounce, silver $15.25 an ounce, copper $2.73 an ounce, platinum $808 an ounce, oil
[00:29.000 --> 00:36.000] Texas crude $57.83 a barrel, Brent crude $65.05 a barrel, and the top five cryptos in order
[00:36.000 --> 00:45.000] of market cap, Bitcoin at $12,707 of coin, Ethereum $332.57 a coin, XRP Ripple $47 a coin,
[00:45.000 --> 00:52.000] Bitcoin Cash $490.04 a coin, and Lite coins at $135.40 a crypto coin.
[00:52.000 --> 00:59.000] Today in history, the year 1870, the Roman Catholic holiday of Christmas has declared
[00:59.000 --> 01:02.000] it a federal holiday in the United States.
[01:02.000 --> 01:07.000] Today in history.
[01:07.000 --> 01:11.000] In recent news, Representative Michael Burgess, Republican from the 26th Texas Congressional
[01:11.000 --> 01:16.000] District, centering in Denton County, defended the controversial conditions in which the facilities
[01:16.000 --> 01:21.000] being used to house child immigrants are supposedly found in on MSNBC earlier this week,
[01:21.000 --> 01:26.000] the lawmaker stated, quote, I've been to Casa Padre in Brownsville, Texas, and yes,
[01:26.000 --> 01:28.000] it's a restored Walmart.
[01:28.000 --> 01:29.000] And you know what?
[01:29.000 --> 01:31.000] There's not a lock on the door.
[01:31.000 --> 01:34.000] Any child is free to leave at any time, but they don't.
[01:34.000 --> 01:35.000] You know why?
[01:35.000 --> 01:39.000] Because they are well taken care of, and that they are, quote, free to leave at any time.
[01:39.000 --> 01:44.000] Apparently children must leave the facility with a parent or guardian who has passed a background
[01:44.000 --> 01:49.000] check if they wish to stay in the United States, but the child is free to leave by themselves
[01:49.000 --> 01:53.000] if they return to where they came from.
[01:53.000 --> 01:58.000] General Motors Company is planning on investing $20 million at its Arlington Assembly plant
[01:58.000 --> 02:02.000] in order to fit it to build the next generation of GM's full-size SUVs.
[02:02.000 --> 02:06.000] Gerald Johnson, GM Executive Vice President of Global Manufacturing, stated that, quote,
[02:06.000 --> 02:10.000] we've been building trucks in Texas for more than 20 years, and our additional investment
[02:10.000 --> 02:15.000] in Arlington Assembly is proof of our commitment and confidence in our Arlington team.
[02:15.000 --> 02:20.000] Automaker built the Chevrolet Tahoe and Suburban, the GMC Yukon and Yukon XL, and the Cadillac
[02:20.000 --> 02:27.000] Escalade at the 250-acre Arlington plant.
[02:27.000 --> 02:31.000] Findings in a report released by the insurance company Allstate looked into collision claims
[02:31.000 --> 02:36.000] across the U.S. Two Texas cities made the list of safest cities to drive in with Laredo
[02:36.000 --> 02:39.000] at number five and McAllen at number nine.
[02:39.000 --> 02:42.000] So let's keep driving safe, Texas.
[02:42.000 --> 02:46.000] The lowdown is for a look at the sponsors. You have a product or a service exit advertiser,
[02:46.000 --> 02:50.000] but feel free to shoot me an email at rickrody.com.
[02:50.000 --> 02:54.000] That's rickrody.com.
[02:54.000 --> 03:15.000] This was Lowdown for June 26, 2019.
[03:15.000 --> 03:20.000] Oh my. Something doesn't seem right.
[03:20.000 --> 03:29.000] I did not hear a beep. Don't hear music.
[03:29.000 --> 03:34.000] I don't know if timed events are on.
[03:34.000 --> 03:43.000] Okay, howdy, howdy, Randy Kelton, Real Ball Radio on this, the 28th day of June, 2019.
[03:43.000 --> 03:50.000] And I am not sure if everything is up and working.
[03:50.000 --> 03:55.000] See, the bridges are up.
[03:55.000 --> 04:01.000] I'm not sure if timed events are turned on and if they're not.
[04:01.000 --> 04:06.000] I'm not sure how to fix that.
[04:06.000 --> 04:14.000] So if anybody can hear me, give us a call. Let me turn the phone lines on.
[04:14.000 --> 04:22.000] Phone lines are on. Randy, give us a call at 512-646-1984.
[04:22.000 --> 04:29.000] If the call boards come up, then I can be pretty sure someone's there.
[04:29.000 --> 04:35.000] I have no way with the equipment that I use to run the boards since I don't have a producer.
[04:35.000 --> 04:44.000] I can't tell if I have anything going out on the air. I don't have access to that technology.
[04:44.000 --> 04:50.000] So my clocks are running. The clock is counting down.
[04:50.000 --> 04:57.000] I'm going to assume that I'm up. So we're just going to go on as if we're up and working.
[04:57.000 --> 05:08.000] I did want to speak to my project. We are actually in the process of marketing it to people in the space.
[05:08.000 --> 05:18.000] We're making our original, our initial questionnaires free to everyone and we're trying to encourage developers in the crypto space
[05:18.000 --> 05:27.000] who, when they develop a product, if they are to be able to access investors in the United States,
[05:27.000 --> 05:39.000] then they have to comply with certain disclosures under the Securities Exchange Commission codes of federal regulations.
[05:39.000 --> 05:49.000] And those codes of federal regulations are impossibly complex. They're almost impossibly complex.
[05:49.000 --> 06:02.000] We applied our questionnaire to them and rendered them in a way that someone can walk right through them and not experience the complexity.
[06:02.000 --> 06:09.000] They will experience the fact that there are lots of details they have to attend to, but we can develop those details
[06:09.000 --> 06:15.000] and present them to the developer in the form of a checklist.
[06:15.000 --> 06:21.000] So they don't have to understand how complex the code is.
[06:21.000 --> 06:32.000] They don't have to realize when they're going down this questionnaire that it jumps from one code to another code to a third code back to this code all over the place.
[06:32.000 --> 06:41.000] With the questionnaire, they just walk right through it and then they can, the whole purpose of the questionnaire for this audience
[06:41.000 --> 07:00.000] is to demonstrate to them that the SEC is not the two-headed monster and they have come to think it is that this is not something impossibly difficult, complex, and costly to overcome or to comply with.
[07:00.000 --> 07:07.000] We're hoping we can do that. And in the process, energize the crypto space.
[07:07.000 --> 07:17.000] And in the process, demonstrate to potential investors that our technology is a viable product.
[07:17.000 --> 07:23.000] I have a caller and I want to test that caller to make sure everything is working.
[07:23.000 --> 07:26.000] Terrence in Florida, can you hear me?
[07:26.000 --> 07:30.000] Yes, I can, Randy. Can you hear me?
[07:30.000 --> 07:33.000] Hello, Terrence in Florida.
[07:33.000 --> 07:34.000] I can hear you.
[07:34.000 --> 07:39.000] That is not good. I am not hearing anything.
[07:39.000 --> 07:45.000] That tends to indicate that I'm not on the air.
[07:45.000 --> 07:51.000] I don't have an email from anyone who would tell me if I'm on the air.
[07:51.000 --> 07:53.000] Terrence, can you hear me?
[07:53.000 --> 07:55.000] Yes, I can.
[07:55.000 --> 07:58.000] Okay, this is not good.
[07:58.000 --> 08:04.000] One thing I can't have is four hours of dead air.
[08:04.000 --> 08:07.000] So if you can hear me, I apologize.
[08:07.000 --> 08:14.000] My technology is not sufficient to handle what's going wrong here.
[08:14.000 --> 08:22.000] So I am going to first try to go off the air.
[08:22.000 --> 08:27.000] Back on the air.
[08:27.000 --> 08:41.000] I don't see timed events up. I'm going to have to push the panic button.
[08:41.000 --> 08:52.000] Okay.
[08:52.000 --> 09:05.000] I don't hear anything.
[09:05.000 --> 09:28.000] Call Deborah Stevens.
[09:28.000 --> 09:40.000] I'm doing the shot.
[09:40.000 --> 09:59.000] Come on.
[09:59.000 --> 10:01.000] I can't tell if this is working or not.
[10:01.000 --> 10:04.000] I can't hear the callers. I can see them.
[10:04.000 --> 10:12.000] It looks like timed events were off and I don't know how to turn them on.
[10:12.000 --> 10:15.000] I hit it.
[10:15.000 --> 10:19.000] I don't know. I don't either. I got no sound. I can't hear anybody. I hear it.
[10:19.000 --> 10:21.000] Don't hear the background music.
[10:21.000 --> 10:25.000] I got callers. The caller couldn't hear me.
[10:25.000 --> 10:38.000] So I hit the panic button.
[10:38.000 --> 11:05.000] Okay. Okay.
[11:05.000 --> 11:15.000] Oh, shit.
[11:15.000 --> 11:32.000] Okay.
[11:32.000 --> 11:44.000] Okay. Hello.
[11:44.000 --> 11:49.000] My listeners couldn't hear me either.
[11:49.000 --> 11:55.000] At least I couldn't hear anybody on the bridge on the phone.
[11:55.000 --> 11:58.000] I don't know if it's going out over the air.
[11:58.000 --> 12:05.000] I was trying to... Someone just...
[12:05.000 --> 12:18.000] Oh, okay. Yeah, I can do that.
[12:18.000 --> 12:23.000] No, no, no. I'm looking at the board and all of the stuff at the top is blank.
[12:23.000 --> 12:28.000] I should have timed events up there and it's all blank. It's all gray screen.
[12:28.000 --> 12:35.000] Nothing up there.
[12:35.000 --> 12:44.000] Okay.
[12:44.000 --> 12:49.000] Did it take the panic button I pushed?
[12:49.000 --> 12:58.000] Okay. Okay. I don't know if mine looks...
[12:58.000 --> 13:04.000] Okay.
[13:04.000 --> 13:10.000] Okay. Let me reopen this thing.
[13:10.000 --> 13:12.000] Come on, Danny.
[13:12.000 --> 13:21.000] Yes, I've been using it all day.
[13:21.000 --> 13:29.000] EM audio interface. I've never seen a VU meter on my system, on this board.
[13:29.000 --> 13:34.000] Oh, the Skype machine, right?
[13:34.000 --> 13:37.000] Okay. Okay.
[13:37.000 --> 13:45.000] Check, check, check. One, two. I see something move. The Skype machine is responding.
[13:45.000 --> 13:56.000] Yes. Yes. Yes, I do.
[13:56.000 --> 14:00.000] Okay.
[14:00.000 --> 14:05.000] Okay. I'll see if I can sort it out.
[14:05.000 --> 14:08.000] Okay.
[14:08.000 --> 14:13.000] Okay. I got it. Let me go.
[14:13.000 --> 14:25.000] Okay.
[14:25.000 --> 14:27.000] Okay.
[14:27.000 --> 14:36.000] Seven, three, seven, two, one, all.
[14:36.000 --> 14:45.000] Eight, three, four, five, go.
[14:45.000 --> 14:52.000] Seven, three, seven, two, one, all.
[14:52.000 --> 15:08.000] Eight, two, three.
[15:08.000 --> 15:11.000] Okay. Let's see.
[15:11.000 --> 15:14.000] Tarts in Florida, can you hear me?
[15:14.000 --> 15:17.000] Yes, I can.
[15:17.000 --> 15:20.000] Tina in California, can you hear me?
[15:20.000 --> 15:22.000] Yes, I can.
[15:22.000 --> 15:24.000] Okay.
[15:24.000 --> 15:28.000] Go do a mic check.
[15:28.000 --> 15:30.000] Can you hear me, Tina?
[15:30.000 --> 15:32.000] Yes, I can.
[15:32.000 --> 15:35.000] Well, Randy came here.
[15:35.000 --> 15:38.000] No, I guess not.
[15:38.000 --> 15:43.000] That's a problem.
[15:43.000 --> 15:51.000] And I don't have audio. Okay. Audio is my problem.
[15:51.000 --> 15:56.000] If you're out there and you can hear me, bear with me for a moment.
[15:56.000 --> 15:59.000] Oh, I'll leave.
[15:59.000 --> 16:01.000] Mine good in him.
[16:01.000 --> 16:03.000] Can you hear me now?
[16:03.000 --> 16:05.000] Yes, I can.
[16:05.000 --> 16:07.000] Oh, sorry for that delay, guys.
[16:07.000 --> 16:13.000] Somehow my mic plug in my mixer got pulled out.
[16:13.000 --> 16:16.000] Now, Deborah's going to skin me alive.
[16:16.000 --> 16:18.000] Okay, I will be back.
[16:18.000 --> 16:20.000] We're about to go to work.
[16:20.000 --> 16:26.000] And Deborah's going to be upset about that dead arrow on that whole segment.
[16:26.000 --> 16:29.000] Okay. I at least isolated it.
[16:29.000 --> 16:35.000] We'll be back shortly and we'll start taking everyone's calls.
[16:35.000 --> 16:41.000] This is Randy Kelton in Big Trouble Rule of Law Radio.
[16:41.000 --> 16:47.000] I call in numbers 512-606-1984.
[16:47.000 --> 17:01.000] We'll be right back if I live through the break.
[17:01.000 --> 17:05.000] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[17:05.000 --> 17:07.000] In today's America, we live in an us-against-them society,
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[17:09.000 --> 17:12.000] then we're going to have to stand and defend our own rights.
[17:12.000 --> 17:15.000] Among those rights are the right to travel freely from place to place,
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[17:17.000 --> 17:19.000] and most importantly, the right to due process of law.
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[19:21.000 --> 19:29.000] Okay, we are back. Randy Kelton and ruleoflawradio on this Friday,
[19:29.000 --> 19:34.000] the 28th day of June, 2019.
[19:34.000 --> 19:37.000] I apologize about the first segment.
[19:37.000 --> 19:40.000] It appears I had two issues.
[19:40.000 --> 19:46.000] One of them was my internet didn't connect right on the wave station,
[19:46.000 --> 19:50.000] so it gave me a blank screen telling me that nothing was working,
[19:50.000 --> 19:55.000] and at the same time my microphone plug was pulled out.
[19:55.000 --> 19:58.000] So I'm going to be in trouble.
[19:58.000 --> 20:03.000] Okay, we are going to Terrence in Florida.
[20:03.000 --> 20:05.000] Hello, Terrence.
[20:05.000 --> 20:07.000] Can you hear me now?
[20:07.000 --> 20:09.000] I can hear you now.
[20:09.000 --> 20:11.000] Oh, then everything's working.
[20:11.000 --> 20:14.000] I just wanted to let you know that you're coming in clear on tune in
[20:14.000 --> 20:18.000] and now you can hear me on the phone, so that's why I wanted to let you know.
[20:18.000 --> 20:20.000] That's good.
[20:20.000 --> 20:23.000] At least I figured out what the problems were.
[20:23.000 --> 20:28.000] That is not going to make Deborah any happier.
[20:28.000 --> 20:32.000] Oh, well, anyway, what do you have for us tonight?
[20:32.000 --> 20:35.000] I don't have a lot.
[20:35.000 --> 20:45.000] I suppose my main issue is jurisdiction and requiring the accuser to prove it,
[20:45.000 --> 20:49.000] not to let the judge just claim he has it because he doesn't,
[20:49.000 --> 20:53.000] without the accuser proving such a thing,
[20:53.000 --> 20:59.000] and I like your thoughts on the accuser proving jurisdiction.
[20:59.000 --> 21:01.000] Okay.
[21:01.000 --> 21:09.000] When an action is filed with the court, jurisdiction is presumed
[21:09.000 --> 21:12.000] until jurisdiction is challenged,
[21:12.000 --> 21:16.000] and a challenge to jurisdiction cannot just be,
[21:16.000 --> 21:19.000] hey, judge, I challenge your jurisdiction.
[21:19.000 --> 21:34.000] You have to challenge the jurisdiction with some cause as to why the judge does not have jurisdiction.
[21:34.000 --> 21:39.000] It's a way to keep the court orderly.
[21:39.000 --> 21:45.000] Does the accuser have to prove jurisdiction of the court?
[21:45.000 --> 21:49.000] No, you don't have to prove it.
[21:49.000 --> 21:51.000] You don't have to prove they don't have it.
[21:51.000 --> 21:56.000] You just have to show reasonable cause to believe they don't have it.
[21:56.000 --> 22:00.000] Like, I go in and, you know, I got a ticket here in Tennessee,
[22:00.000 --> 22:05.000] and I'm going to go in and say that the court lacks subject matter jurisdiction
[22:05.000 --> 22:11.000] as I am a resident of the state of Texas and I am licensed in the state of Texas,
[22:11.000 --> 22:17.000] I have entered into a commercial license agreement with the state of Texas.
[22:17.000 --> 22:22.000] I have not entered into a commercial license agreement with the state of Tennessee,
[22:22.000 --> 22:31.000] and the state of Tennessee in 1996 elected to remove itself from the driver's license compact,
[22:31.000 --> 22:35.000] which would give every state reciprocity,
[22:35.000 --> 22:42.000] so that each state could enforce the traffic laws against a driver from another state.
[22:42.000 --> 22:48.000] Well, Tennessee decided to back out of that driver's license compact,
[22:48.000 --> 22:59.000] so I want them to show how they have authority to enforce a commercial Texas contract.
[22:59.000 --> 23:09.000] Now, that doesn't prove anything, but I've raised an issue that would deny jurisdiction.
[23:09.000 --> 23:18.000] Now they have to prove how they do have jurisdiction.
[23:18.000 --> 23:23.000] Well, that makes sense, but it seems to me that anybody making a claim on you,
[23:23.000 --> 23:26.000] whether it's the state or your neighbor,
[23:26.000 --> 23:33.000] they've got to establish and prove jurisdiction for the court to hear such a thing.
[23:33.000 --> 23:39.000] Yes, but there is a presumption that you have to overcome,
[23:39.000 --> 23:43.000] and that's just to keep an orderly court.
[23:43.000 --> 23:48.000] Someone else, someone makes a claim in a court.
[23:48.000 --> 23:55.000] This is how it is done.
[23:55.000 --> 24:03.000] And this is in the case law, that unless there are some obvious indications,
[24:03.000 --> 24:09.000] if the complaint is not invalid on its face,
[24:09.000 --> 24:13.000] if the complaint said, I was in South Georgia,
[24:13.000 --> 24:18.000] and this guy committed this crime against me,
[24:18.000 --> 24:23.000] and then he took off to Florida, and I come down here and found him in Florida,
[24:23.000 --> 24:28.000] and I come down here and filed a charge against him here in Florida.
[24:28.000 --> 24:36.000] The court's going to say, we lack jurisdiction because we don't have jurisdiction over a Georgia crime.
[24:36.000 --> 24:43.000] So that, in that case, the complaint would be invalid on its face.
[24:43.000 --> 24:48.000] But when a policeman files a traffic citation,
[24:48.000 --> 24:59.000] he is a policeman, and in most states under some certain specific circumstances,
[24:59.000 --> 25:06.000] a policeman, like a municipal police officer or a county police officer can enforce the traffic code,
[25:06.000 --> 25:14.000] or it's been a standing policy that they can enforce the traffic code.
[25:14.000 --> 25:20.000] And since nobody has challenged it, and it has been presumed by the court,
[25:20.000 --> 25:29.000] the court's going to presume that the person has jurisdiction unless an issue is raised.
[25:29.000 --> 25:38.000] For instance, the citation citing me with a violation of the commercial transportation code
[25:38.000 --> 25:45.000] fails to prove up or to allege the element of commerce.
[25:45.000 --> 25:49.000] Therefore, the complaint is insufficient to invoke subject matter jurisdiction of the court.
[25:49.000 --> 26:00.000] You have to have something. You can't just say, you don't have jurisdiction, now prove it.
[26:00.000 --> 26:12.000] Okay, does that make sense? I suppose it's an accusation, but you've got to be specific on the demurr.
[26:12.000 --> 26:16.000] You have to be somewhat specific on the demurr.
[26:16.000 --> 26:25.000] And for those of you in states who don't use demurrers, a demurr is just an opposition or an objection to whatever the claim is.
[26:25.000 --> 26:32.000] You do have to give evidence sufficient to overcome the presumption of jurisdiction.
[26:32.000 --> 26:37.000] And I know you're thinking, I shouldn't have to do that. They're coming charging me.
[26:37.000 --> 26:42.000] They should have to prove all this. I shouldn't be stuck with proving that.
[26:42.000 --> 26:48.000] But it is how it works, and it's how the courts have been set up.
[26:48.000 --> 26:57.000] We may think that's unconstitutional, but it's still law until it's taken to court and ruled unconstitutional.
[26:57.000 --> 27:06.000] And that's not a ruling we can expect to give.
[27:06.000 --> 27:09.000] Is that because of the corruption?
[27:09.000 --> 27:18.000] No, no, no, that's just in order to facilitate the orderly adjudication of cases.
[27:18.000 --> 27:25.000] If all I had to do is say, you don't have jurisdiction, now the court's got to go out and the prosecutor needs to develop a pleading.
[27:25.000 --> 27:30.000] They need to prove how the court does have jurisdiction. Everybody do that in every case.
[27:30.000 --> 27:32.000] They just make the court nuts.
[27:32.000 --> 27:39.000] When, as a rule, the court does have jurisdiction, the court will not have jurisdiction only in special circumstances.
[27:39.000 --> 27:49.000] And you would have to challenge those special circumstances just to maintain the orderly function of the court.
[27:49.000 --> 27:54.000] But it may not be right, but that's how it is.
[27:54.000 --> 28:01.000] And we don't have to like it sometimes, but that is one I don't think we will get changed.
[28:01.000 --> 28:05.000] But do you believe it to be wrong?
[28:05.000 --> 28:12.000] No, I don't believe it to be specifically wrong, because it denies you in no right.
[28:12.000 --> 28:16.000] You have a right to raise an opposition.
[28:16.000 --> 28:30.000] And if you raise the opposition and you demonstrate that the action was improperly filed against you, now you have recourse to go back against them for forcing you to have to do this.
[28:30.000 --> 28:41.000] But if your opposition is to a presumption and you've got to guess whatever their presumption is, which they can have a thousand different presumptions,
[28:41.000 --> 28:47.000] that they enforce on you, that you're required to guess their presumptions.
[28:47.000 --> 28:55.000] If I were to claim against you, I would have to have a valid claim against you.
[28:55.000 --> 28:56.000] No, you don't.
[28:56.000 --> 28:58.000] I would lose every bit of my claim.
[28:58.000 --> 29:02.000] And that's necessary.
[29:02.000 --> 29:10.000] Otherwise, the court could arbitrarily and capriciously decide that, heck, you don't have a claim you're out of here.
[29:10.000 --> 29:21.000] That's what they do in the federal courts after the Twombly, I think it's Ashcroft Twombly ruling,
[29:21.000 --> 29:30.000] where they did away with the previous 200 years of law with no displeading.
[29:30.000 --> 29:37.000] Now you have to file a pleading with sufficient facts to support a claim.
[29:37.000 --> 29:48.000] Well, if you're a prosa, they're going to raise a Rule 12B motion to dismiss as a matter of course and the judge will dismiss it as a matter of course.
[29:48.000 --> 29:52.000] I'll explain that in a little more detail when we come back.
[29:52.000 --> 30:21.000] Well, we'll be right back.
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[31:21.000 --> 31:47.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:45.000 --> 32:50.000] So if those out-of-town roofers come knocking, your door should be locked in.
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[32:59.000 --> 33:04.000] I mean, I actually be kidding about chemtrails.
[33:04.000 --> 33:15.000] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:15.000 --> 33:30.000] Yeah, I got that one rent, and I'm going to solve them. Okay, we are back. Randy Kelton, Real World Radio.
[33:30.000 --> 33:40.000] And on this Friday, the 28th day of June, 2019, and we're talking to Terrence in Florida.
[33:40.000 --> 33:58.000] And okay, the criminal procedure codes in all states are incomplete because they are a subset of the civil procedure codes.
[33:58.000 --> 34:06.000] Anything that's not addressed in the criminal procedure code is handled in the civil procedure code.
[34:06.000 --> 34:21.000] And filing of a original petition or complaint is handled in the civil code or portions of it, or there are special portions for criminal,
[34:21.000 --> 34:28.000] but it only handles those portions that are different than civil.
[34:28.000 --> 34:44.000] In civil, we need to be able to file actions with the court and the court not have the authority to arbitrarily or capriciously trash them.
[34:44.000 --> 34:51.000] If we granted them that authority, they would do just like they're doing in the federal court.
[34:51.000 --> 35:06.000] If you are a pro se litigant and you file an action in the federal court, you can expect the federal court, no matter what, to dismiss your case out of hand.
[35:06.000 --> 35:21.000] And that's because we gave them the authority to do that. Now the judge could exercise his discretion to determine whether or not he believes your complaint is sufficient to support a claim.
[35:21.000 --> 35:31.000] And if you're a pro se litigant, he is never going to believe your complaint is sufficient to support a claim because he's been bought and paid for.
[35:31.000 --> 35:40.000] And besides the hate pro se litigants in the state courts, they don't have that option.
[35:40.000 --> 35:51.000] You can file an action and it sticks. It sticks until person on the other side shows that it's insufficient.
[35:51.000 --> 36:03.000] If we allowed the courts to decide on their own whether or not they thought this should be filed, they would get complete control of us.
[36:03.000 --> 36:08.000] Terrence, you see the problem.
[36:08.000 --> 36:12.000] Yeah, I see. I see a whole lot of problem there.
[36:12.000 --> 36:19.000] Yeah, it's the system in a perfect world. This would not be a problem.
[36:19.000 --> 36:25.000] But if this were a perfect world, I'm certain I would not be here.
[36:25.000 --> 36:28.000] And I'm not so sure about you, Terrence.
[36:28.000 --> 36:39.000] One thing I do know that as long as the courts are adjudicated by human beings, we're going to have to have checks and balances.
[36:39.000 --> 36:52.000] And the checks and balances does not always seem to be even handed in everybody's case.
[36:52.000 --> 37:00.000] So it seems like someone can file false and fraudulent charges against you.
[37:00.000 --> 37:07.000] And you're forced to stand and answer. And that is true. They can.
[37:07.000 --> 37:17.000] But if we took that out, then the courts would be in a position to generate horrendous abuse.
[37:17.000 --> 37:22.000] We had to tie their hands.
[37:22.000 --> 37:30.000] I don't know how else to fix it. Got any suggestions?
[37:30.000 --> 37:40.000] My suggestion would be to outlaw the presumption of jurisdiction and to enforce the presumption of innocence.
[37:40.000 --> 37:55.000] And that's not a bad idea. If we outlawed the presumption of jurisdiction, then the pleading would have to show jurisdiction on its face.
[37:55.000 --> 38:07.000] And generally anything above a municipal court or JP court that are inferior courts require a jurisdiction section.
[38:07.000 --> 38:11.000] You must properly plead jurisdiction.
[38:11.000 --> 38:24.000] The only ones they don't do that in are what they call inferior courts, courts that can be adjudicated by nonlawyers.
[38:24.000 --> 38:34.000] So they tend to be more, I'm sorry, they tend to be less formal in a municipal court.
[38:34.000 --> 38:41.000] And the cities have taken unfair advantage of that.
[38:41.000 --> 38:57.000] Well, but even say with a traffic stop, a simple traffic stop or a parking ticket or something where the officer in Texas is required to take you before a magistrate for a probable cause hearing.
[38:57.000 --> 39:01.000] A probable cause hearing establishes jurisdiction.
[39:01.000 --> 39:03.000] Yes.
[39:03.000 --> 39:14.000] A Gernstein Pew was a Florida case. And it said you have a right to preliminary hearing.
[39:14.000 --> 39:20.000] And the courts just simply stopped doing it in the case of classy misdemeanors.
[39:20.000 --> 39:31.000] In Texas, they used case law that did not say what the courts and the lawyers said the case law said.
[39:31.000 --> 39:36.000] Troy V. State, I ripped it to shreds.
[39:36.000 --> 39:41.000] But we have to argue the issue.
[39:41.000 --> 39:46.000] There is a presumption that municipal courts have jurisdiction.
[39:46.000 --> 39:47.000] You have to take it apart.
[39:47.000 --> 39:58.000] I'm sorry, there's a prison, the presumption in a case of a misdemeanor in Texas that you don't have a right to a examining trial.
[39:58.000 --> 40:02.000] And that's exactly what they'll tell you.
[40:02.000 --> 40:12.000] They told me that in a municipal court in a municipal court in Highland Park, Texas, most expensive neighborhood in the Dallas area.
[40:12.000 --> 40:16.000] So they had, you know, these guys weren't chomps.
[40:16.000 --> 40:19.000] And they called me in and asked me how I played.
[40:19.000 --> 40:21.000] And I said, I'm not here to play.
[40:21.000 --> 40:23.000] I'm here for an examining trial.
[40:23.000 --> 40:27.000] And the judge said, well, Mr. Kelton, you don't have a right to an examining trial.
[40:27.000 --> 40:31.000] You don't have a right to an examining trial in a misdemeanor.
[40:31.000 --> 40:35.000] I said, so what?
[40:35.000 --> 40:38.000] What's that got to do with anything?
[40:38.000 --> 40:40.000] And that stopped them in their tracks.
[40:40.000 --> 40:47.000] She said, well, if you don't have a right to an examining trial, I can't hold one.
[40:47.000 --> 40:49.000] Where'd you come up with that?
[40:49.000 --> 40:53.000] Did you just make that up?
[40:53.000 --> 40:59.000] The law says that I have a right to a preliminary hearing.
[40:59.000 --> 41:04.000] And the statutes say, the case law says that in Gerstein Pew.
[41:04.000 --> 41:12.000] And the statute says that when an officer arrests someone for any reason, he's taken direct to the nearest magistrate.
[41:12.000 --> 41:16.000] Now, that is statutory law.
[41:16.000 --> 41:19.000] That is a statutory requirement.
[41:19.000 --> 41:26.000] And I have a right to a reasonable expectation that my public officials will follow law.
[41:26.000 --> 41:30.000] A failure to follow law is a denial of due process.
[41:30.000 --> 41:34.000] And due process is something I do have a right to.
[41:34.000 --> 41:45.000] The judge told me after that hearing that he, in his day job, represented criminal clients and may have been trying to get examining trials for their clients.
[41:45.000 --> 41:48.000] But the judges kept claiming they didn't have a right to it.
[41:48.000 --> 41:53.000] He said, I can use that argument.
[41:53.000 --> 41:56.000] So you can use that argument.
[41:56.000 --> 41:59.000] It doesn't matter what you have a right to.
[41:59.000 --> 42:01.000] It matters what the law commands them to do.
[42:01.000 --> 42:10.000] And if you look at, I can't speak specifically to Florida law, traffic code, but I can to Texas.
[42:10.000 --> 42:21.000] And 543.001 authorizes the officer to stop someone for a violation of a, I'm sorry.
[42:21.000 --> 42:34.000] It authorizes a police officer to initiate a traffic stop based on observation of a violation of traffic law.
[42:34.000 --> 42:41.000] In Texas, we have police officers and we have peace officers.
[42:41.000 --> 42:48.000] Peace officers are licensed officers authorized to enforce the penal code.
[42:48.000 --> 42:57.000] Police officers are the highway patrol authorized to enforce the transportation code.
[42:57.000 --> 43:02.000] Now a police officer can also be a peace officer.
[43:02.000 --> 43:13.000] And I've had the highway patrol tell me, well, I'm, you know, you can't stop me for anything but a traffic violation.
[43:13.000 --> 43:17.000] And he said, because you're not a, you're, you're a police officer.
[43:17.000 --> 43:19.000] He said, but I'm also a peace officer.
[43:19.000 --> 43:25.000] You may be, but you are not employed in the capacity of a peace officer.
[43:25.000 --> 43:30.000] So even though you have that license, it's still okay and enforced.
[43:30.000 --> 43:36.000] And so there's going to be something similar in Florida law.
[43:36.000 --> 43:38.000] You need to do that research.
[43:38.000 --> 43:47.000] I am telling you, Terrence, it is so much fun to go into court and cram those codes down their throats.
[43:47.000 --> 43:51.000] You won't believe how much fun that is.
[43:51.000 --> 43:53.000] Hang on about to go to break, right?
[43:53.000 --> 44:00.000] We'll be right back.
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[45:00.000 --> 45:04.000] Are you the plaintiff or defendant in a lawsuit?
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[45:56.000 --> 46:20.000] Or call toll-free 866-LAW-EZ.
[46:20.000 --> 46:23.000] Okay, we are back.
[46:23.000 --> 46:28.000] Randy Colton, rule of law radio, and we're talking to Terence in Florida.
[46:28.000 --> 46:32.000] Okay, Terence.
[46:32.000 --> 46:33.000] What do we do?
[46:33.000 --> 46:37.000] How do we find justice here?
[46:37.000 --> 46:51.000] It seems to me that if an officer is standing to issue a citation concerning the subject of traffic,
[46:51.000 --> 46:59.000] then he must be able to prove that you were actively engaged in traffic.
[46:59.000 --> 47:03.000] Not in order to issue the citation.
[47:03.000 --> 47:05.000] Correct.
[47:05.000 --> 47:12.000] But in order to enforce the citation, he must be able to prove that you are actually engaged in traffic
[47:12.000 --> 47:18.000] and subject to the code concerning traffic.
[47:18.000 --> 47:25.000] Okay, let me restate that so it sets in line with law.
[47:25.000 --> 47:36.000] The officer, if he happens to be an officer who is actually authorized to enforce the commercial transportation code,
[47:36.000 --> 47:48.000] then he can issue a complaint based on the fact that he has reason to believe and does believe.
[47:48.000 --> 47:57.000] But in order for that complaint to be sufficient in order to invoke the subject matter jurisdiction of the court,
[47:57.000 --> 48:12.000] the complaint, he must demonstrate that he in fact has authority to enforce, then he must demonstrate that you fall within the statutory scheme,
[48:12.000 --> 48:18.000] then he must demonstrate that you violated a tenet of the statutory scheme.
[48:18.000 --> 48:24.000] All those elements must be there or the complaint is insufficient on its face.
[48:24.000 --> 48:35.000] Now, he can make his accusations based on hearsay or based on hearsay is the only really thing.
[48:35.000 --> 48:39.000] He was generally making these accusations based on personal knowledge.
[48:39.000 --> 48:43.000] He actually sees you, but he could make it based on hearsay.
[48:43.000 --> 48:49.000] Somebody else said, hey, this guy did this crime and he believes it and he can file a complaint.
[48:49.000 --> 49:09.000] That's enough to initiate a prosecution and, I'm sorry, that is enough to invoke the subject matter jurisdiction of a magistrate, not a judge.
[49:09.000 --> 49:19.000] The complaint must be presented to a magistrate and the magistrate must make a determination of probable cause,
[49:19.000 --> 49:27.000] at which time the magistrate loses jurisdiction and the court accrues jurisdiction.
[49:27.000 --> 49:33.000] Without that step, there's no jurisdiction.
[49:33.000 --> 49:45.000] And the probable cause must, I believe, establish facts and evidence proving that you are the accused.
[49:45.000 --> 49:47.000] No, no, no, no.
[49:47.000 --> 49:55.000] You must establish facts and evidence proving in order to get a conviction.
[49:55.000 --> 50:06.000] But hearsay and reason to believe is enough to file the claim.
[50:06.000 --> 50:14.000] Once the claim is put before the magistrate, if the claim is sufficient to give a reasonable person
[50:14.000 --> 50:25.000] and ordinary prudence calls to believe that a crime had been committed and this person committed the crime, that's enough for a preliminary hearing or examining trial.
[50:25.000 --> 50:29.000] In Florida, they call it a preliminary hearing.
[50:29.000 --> 50:42.000] The judge issues a determination and a warrant and then you go before the trial court and that hearsay is not enough to get a conviction.
[50:42.000 --> 50:50.000] Now they have to come up with first person evidence, hard evidence, sufficient evidence to prove.
[50:50.000 --> 50:53.000] Does that make sense?
[50:53.000 --> 51:03.000] It sort of does, but where I get confused at is that the probable cause hearing at the magistrate,
[51:03.000 --> 51:20.000] should the magistrate or does the citation itself establish enough of David?
[51:20.000 --> 51:27.000] All citations are presumed to be signed by the officer under oath.
[51:27.000 --> 51:35.000] And it is a citation. It may or may not be a complaint.
[51:35.000 --> 51:39.000] A complaint is an informal document.
[51:39.000 --> 51:50.000] Some states require, actually Texas is the only one I know of, that statutorily requires certain elements to be in the complaint.
[51:50.000 --> 52:02.000] It must run in the name of the state of Texas and it must state that the claimant believes, has reason to believe and does believe.
[52:02.000 --> 52:16.000] So every complaint starts with, under the name of and the authority of the state of Texas, I have the complainant have reason to believe and do believe based on the following.
[52:16.000 --> 52:22.000] It must start with those words. The Texas only state that has that.
[52:22.000 --> 52:27.000] Otherwise, you could go to a judge, hey judge, I think just got something wrong.
[52:27.000 --> 52:34.000] My next door neighbor told me that his neighbor on the other side, he saw him bury anybody out the backyard.
[52:34.000 --> 52:38.000] He's terrified of this guy and he will not say a word about it.
[52:38.000 --> 52:48.000] I know this guy and I trust him and I believe what he said. So I have reason to believe and I do believe that that may well know the side over there buried a body in his backyard.
[52:48.000 --> 52:55.000] That is enough for the magistrate to make a determination probable cause.
[52:55.000 --> 53:05.000] He could assure warrant. But if they don't find a body in the backyard, it's out of here. That's not enough to get a conviction.
[53:05.000 --> 53:11.000] Does that make this make more sense as to why it's done this way?
[53:11.000 --> 53:18.000] The police take advantage of the informality of a criminal complaint.
[53:18.000 --> 53:28.000] It's informal so that you and I can file a criminal complaint and not have it tossed for a minor informality.
[53:28.000 --> 53:31.000] And then the police take advantage of that.
[53:31.000 --> 53:43.000] So we just need to address. But in the meantime, they dug up your yard and searched you for a body and destructed your property all for naught.
[53:43.000 --> 53:47.000] Yeah, and you can't sue them.
[53:47.000 --> 53:49.000] That's a harm. That's a wrong.
[53:49.000 --> 54:10.000] Yeah, it is a harm. But the courts in the legislature have held that in a civil society, in order to be able to maintain civility, we have to give up certain of our rights.
[54:10.000 --> 54:21.000] And when there has been a determination of probable cause, you lose some of your rights.
[54:21.000 --> 54:27.000] In this case, the guy is accused of burying a body in his backyard.
[54:27.000 --> 54:41.000] The accusation is made by credible people, reasonable persons of ordinary prudence, over the age of 18, never convicted of a felony.
[54:41.000 --> 54:45.000] Those are credible people by definition.
[54:45.000 --> 54:55.000] If they make these allegations, that is sufficient to give the police the power to investigate.
[54:55.000 --> 55:00.000] You know, they come in and knock your door down and search your house.
[55:00.000 --> 55:16.000] If they had to consider that they could be sued, if the information they were operating on was insufficient, they would not be able to effectively do their jobs.
[55:16.000 --> 55:30.000] So we have agreed as a society to give up certain rights in certain cases so that we could maintain civility.
[55:30.000 --> 55:39.000] Well, it seems to me civility is an oppression that people shouldn't be required to suffer.
[55:39.000 --> 55:43.000] Well, which oppression is worse?
[55:43.000 --> 55:52.000] Your next door neighbor can do anything he wants to you because he's bigger.
[55:52.000 --> 55:57.000] Or, unless you want to give the police a little leeway.
[55:57.000 --> 56:01.000] And we have tied very tight binds on the policemen.
[56:01.000 --> 56:06.000] We give them leeway, but we have limited it considerably.
[56:06.000 --> 56:09.000] The police will always be pressing the limit.
[56:09.000 --> 56:13.000] It is the nature of the human animal.
[56:13.000 --> 56:15.000] We have to press back.
[56:15.000 --> 56:23.000] If you and I fix the system, our grandkids are going to have to do it again.
[56:23.000 --> 56:25.000] It's the nature of the system.
[56:25.000 --> 56:33.000] It's always one pressure against the other and we have to find a balance.
[56:33.000 --> 56:41.000] The only way you're going to get an absolute is go out and live all by yourself.
[56:41.000 --> 56:52.000] It says come out of her, my people, and you can't because of presumption.
[56:52.000 --> 57:05.000] And without the accuser being required to have facts and evidence to support their claim, a magistrate cannot possibly, out of hearsay,
[57:05.000 --> 57:08.000] step a probable cause for anything.
[57:08.000 --> 57:11.000] Well, that's a purist position.
[57:11.000 --> 57:15.000] Then you can do anything at night you want to.
[57:15.000 --> 57:17.000] You can go shoot everybody in the neighborhood.
[57:17.000 --> 57:20.000] You got a mask on your face.
[57:20.000 --> 57:23.000] Do anything you want, nobody can do anything to you.
[57:23.000 --> 57:29.000] Nobody can do anything until they have enough evidence to convict.
[57:29.000 --> 57:32.000] That would render chaos.
[57:32.000 --> 57:38.000] That would be a witness with firsthand knowledge and that's not difficult.
[57:38.000 --> 57:43.000] It's not so difficult that you have to give up your life.
[57:43.000 --> 57:49.000] You're saying they have to have it before they can investigate, before they can do anything.
[57:49.000 --> 57:53.000] They have to have what they would investigate to find.
[57:53.000 --> 57:58.000] If they already got dead banged, they don't need to investigate.
[57:58.000 --> 58:12.000] And how many cases of theft or robbery or burglary do you have a convictable case when it's first charged?
[58:12.000 --> 58:18.000] If we don't give the police some room to work, there's no reason to be paying them.
[58:18.000 --> 58:26.000] Okay, that may be acceptable in the case of murder or say arson.
[58:26.000 --> 58:31.000] But for a simple traffic violation, that's not acceptable.
[58:31.000 --> 58:34.000] They've got to prove that you're...
[58:34.000 --> 58:43.000] Okay, that's a theoretical position and a political position and I really don't do politics.
[58:43.000 --> 58:49.000] I'm an engineer. I do it how it... hold on, that's the way it would be right back.
[59:13.000 --> 59:18.000] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000] growing in Christ and how to build up the church.
[59:28.000 --> 59:34.000] To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:34.000 --> 59:45.000] call Bibles for America toll free at 888-551-0102. That's 888-551-0102.
[59:45.000 --> 59:51.000] Or visit us online at bfa.org.
[59:51.000 --> 01:00:00.000] Live free speech radio, logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000] The following news flash is brought to you by The Lone Star Lowdown,
[01:00:05.000 --> 01:00:08.000] providing the deli bulletins for the commodity market.
[01:00:08.000 --> 01:00:16.000] Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:16.000 --> 01:00:23.000] Markets for Wednesday the 26th of June 2019 open with precious metals, gold at $1,407.70 an ounce,
[01:00:23.000 --> 01:00:29.000] silver $15.25 an ounce, copper $2.73 an ounce, platinum $808 an ounce,
[01:00:29.000 --> 01:00:34.000] oil Texas crude $57.83 a barrel, Brent crude $55.05 a barrel,
[01:00:34.000 --> 01:00:40.000] and the top five cryptos in order of market cap, Bitcoin at $12,707 a coin,
[01:00:40.000 --> 01:00:45.000] Ethereum $332.57 a coin, XRP Ripple $47 a coin,
[01:00:45.000 --> 01:00:55.000] Bitcoin Cash $490.04 a coin, and Litecoin at $135.40 a crypto coin.
[01:00:55.000 --> 01:00:59.000] Today in history, the year 1870, the Roman Catholic holiday of Christmas
[01:00:59.000 --> 01:01:02.000] has declared it a federal holiday in the United States.
[01:01:02.000 --> 01:01:07.000] Today in history.
[01:01:07.000 --> 01:01:12.000] And recent news, Representative Michael Burgess, Republican from the 26th Texas Congressional District,
[01:01:12.000 --> 01:01:17.000] centering in Denton County, defended the controversial conditions in which the facilities being used
[01:01:17.000 --> 01:01:22.000] to house child immigrants are supposedly found in on MSNBC earlier this week.
[01:01:22.000 --> 01:01:26.000] The lawmaker stated, quote, I've been to Casa Padre in Brownsville, Texas,
[01:01:26.000 --> 01:01:31.000] and yes, it's a restored Walmart. And you know what? There's not a lock on the door.
[01:01:31.000 --> 01:01:35.000] Any child is free to leave at any time, but they don't. You know why?
[01:01:35.000 --> 01:01:40.000] Because they are well taken care of, and that they are, quote, free to leave at any time.
[01:01:40.000 --> 01:01:45.000] Apparently children must leave the facility with a parent or guardian who has passed a background check
[01:01:45.000 --> 01:01:49.000] if they wish to stay in the United States, but the child is free to leave by themselves
[01:01:49.000 --> 01:01:53.000] if they return to where they came from.
[01:01:53.000 --> 01:01:58.000] General Motors Company is planning on investing $20 million at its Arlington Assembly plant
[01:01:58.000 --> 01:02:01.000] in order to fit it to build the next generation of GM's full-size SUVs.
[01:02:01.000 --> 01:02:06.000] General Johnson, GM Executive Vice President of Global Manufacturing, stated that, quote,
[01:02:06.000 --> 01:02:10.000] we've been building trucks in Texas for more than 20 years, and our additional investment
[01:02:10.000 --> 01:02:14.000] in Arlington Assembly is proof of our commitment and confidence in our Arlington team.
[01:02:14.000 --> 01:02:19.000] The automaker built the Chevrolet Tahoe and Suburban, the GMC Yukon and Yukon XL,
[01:02:19.000 --> 01:02:23.000] and the Cadillac Escalade at the 250-acre Arlington plant.
[01:02:27.000 --> 01:02:31.000] Findings in a report released by the insurance company Allstate looked into collision claims
[01:02:31.000 --> 01:02:35.000] across the U.S. Two Texas cities made the list of safest cities to drive in,
[01:02:35.000 --> 01:02:39.000] with Laredo at number five and McAllen at number nine.
[01:02:39.000 --> 01:02:42.000] So let's keep driving safe, Texas.
[01:02:42.000 --> 01:02:44.000] The Lowdown is currently at the sponsors.
[01:02:44.000 --> 01:02:46.000] You have a product or a service as an advertiser,
[01:02:46.000 --> 01:02:50.000] but feel free to shoot me an e-mail at rickrody.protonmail.com.
[01:02:50.000 --> 01:02:54.000] That's rickrody.r-o-h-d-e at protonmail.com.
[01:02:54.000 --> 01:02:59.000] This was the Lowdown for June 26, 2019.
[01:02:59.000 --> 01:03:15.000] Music
[01:03:15.000 --> 01:03:17.000] Okay, we are back.
[01:03:17.000 --> 01:03:26.000] Randy Kelton, Rural Law Radio on this, the 28th day of June, 2019.
[01:03:26.000 --> 01:03:29.000] And we're talking to Terrence in Florida.
[01:03:29.000 --> 01:03:35.000] I think what we have here is a difference of position.
[01:03:35.000 --> 01:03:40.000] This is rule of law radio, not theory of law.
[01:03:40.000 --> 01:03:45.000] You're speaking to a theory of how you believe things ought to be.
[01:03:45.000 --> 01:03:53.000] And as an engineer, engineers tend not to have philosophies.
[01:03:53.000 --> 01:03:56.000] We don't really care how things ought to be.
[01:03:56.000 --> 01:04:03.000] We may care, but in our function, we only deal with how things are.
[01:04:03.000 --> 01:04:10.000] And if we don't like how things are, we try to craft something to change the way things are.
[01:04:10.000 --> 01:04:16.000] But I tend not to get bogged down in how I think things should be.
[01:04:16.000 --> 01:04:19.000] Does that make sense, Terrence?
[01:04:19.000 --> 01:04:26.000] It does, but as an engineer, things are what they are, whether you like it or not.
[01:04:26.000 --> 01:04:30.000] Yeah, exactly. My first day is electronic theory.
[01:04:30.000 --> 01:04:33.000] The professor looked out at all of us.
[01:04:33.000 --> 01:04:38.000] They got all of our tuition, got to sit down and sit down in the course.
[01:04:38.000 --> 01:04:44.000] He said, electricity, we don't know what it is.
[01:04:44.000 --> 01:04:47.000] So we're all looking at each other. What the heck we're doing here?
[01:04:47.000 --> 01:04:52.000] He said, went on to say, but we do know some things that it does.
[01:04:52.000 --> 01:04:58.000] And based on our experience, we have developed certain theorems, actions, and postulates to describe what it does.
[01:04:58.000 --> 01:05:03.000] But all through your electronic career, never forget, we don't know what it is.
[01:05:03.000 --> 01:05:08.000] So if you encounter a phenomena that doesn't match one of your theorems, axioms, or postulates,
[01:05:08.000 --> 01:05:15.000] quick like a bunny rabbit, throw out your theorems, axioms, or postulates.
[01:05:15.000 --> 01:05:24.000] Never throw out phenomena, because Mother Nature has all these laws.
[01:05:24.000 --> 01:05:32.000] First law, Mother Nature enforces all of her laws all of the time,
[01:05:32.000 --> 01:05:38.000] and she does not care about our theorems, axioms, and postulates.
[01:05:38.000 --> 01:05:49.000] That could well have been the most valuable 10 minutes of my electronics schooling career.
[01:05:49.000 --> 01:05:56.000] I have carried that with me to great value.
[01:05:56.000 --> 01:06:01.000] Yeah, things are not how they are, how I think they ought to be, but I got to deal with it.
[01:06:01.000 --> 01:06:05.000] I'll deal with it the way it is, and if I can change it, I'll change it.
[01:06:05.000 --> 01:06:10.000] I've been 30 years trying to change the way things are.
[01:06:10.000 --> 01:06:18.000] And these tools and maneuvers that I offer on this show, that's what they're about.
[01:06:18.000 --> 01:06:21.000] How do we actually get it to change?
[01:06:21.000 --> 01:06:25.000] Don't care about the theory, don't care how you think it's supposed to be.
[01:06:25.000 --> 01:06:28.000] What can we do to make the difference?
[01:06:28.000 --> 01:06:33.000] In terms, there's a lot you can do to make a difference.
[01:06:33.000 --> 01:06:37.000] You can have so much fun with these guys, you won't believe it.
[01:06:37.000 --> 01:06:43.000] I can, and I could, if I wanted to spend my time doing that.
[01:06:43.000 --> 01:06:52.000] But the average man, the plumber, the electrician, the pipe bidder, the truck driver, would rather do his trade.
[01:06:52.000 --> 01:06:55.000] I agree with that, and I do this show.
[01:06:55.000 --> 01:07:03.000] We used to have people coming on and talking about all these guys out there who were sheeple.
[01:07:03.000 --> 01:07:07.000] And I was really offended by that.
[01:07:07.000 --> 01:07:10.000] That's just inappropriate.
[01:07:10.000 --> 01:07:23.000] We got guys out there, they got two or three kids, two jobs, two cars, a wife, a house, they got all they can handle.
[01:07:23.000 --> 01:07:27.000] I don't expect them to do what I do.
[01:07:27.000 --> 01:07:28.000] My kids are grown.
[01:07:28.000 --> 01:07:31.000] One just got his PhD in engineering.
[01:07:31.000 --> 01:07:34.000] My daughter's a CPA.
[01:07:34.000 --> 01:07:36.000] They're well-grown, they're out on their own.
[01:07:36.000 --> 01:07:40.000] I own my property, I owe no debt.
[01:07:40.000 --> 01:07:43.000] I have fulfilled my contract with life.
[01:07:43.000 --> 01:07:47.000] I can go out here and start a fight with these guys if I want to.
[01:07:47.000 --> 01:07:51.000] But they don't have others depending on me.
[01:07:51.000 --> 01:08:05.000] And I don't in any way judge anybody who doesn't do what I do because I'm only looking for maybe 0.2% of the population.
[01:08:05.000 --> 01:08:13.000] I'm speaking to everybody, and I'm hoping that everybody understands what we're talking about so they can better protect themselves.
[01:08:13.000 --> 01:08:20.000] But as far as going out here and going after these guys, if I get 2% of the population, we will wipe the floor with them.
[01:08:20.000 --> 01:08:22.000] So, yeah.
[01:08:22.000 --> 01:08:31.000] But if you're not interested in fixing it, then philosophizing about the problem is of little value.
[01:08:31.000 --> 01:08:45.000] Well, Randy, I believe that the philosophy is the presumption of innocence from the start, from the very beginning, from the moment he turns on his flashing lights.
[01:08:45.000 --> 01:08:50.000] That's where the presumption of innocence, the philosophy begins.
[01:08:50.000 --> 01:08:52.000] Yeah, I got that.
[01:08:52.000 --> 01:09:14.000] Without that, there's no way the average man or woman can receive any sort of justice if they are not presumed innocent and the accuser must have enough tax and evidence to rebut that presumption.
[01:09:14.000 --> 01:09:18.000] Yeah, and that's the same, that's the way it is.
[01:09:18.000 --> 01:09:20.000] That's the way it's supposed to be.
[01:09:20.000 --> 01:09:24.000] That's the way the law demands that it be.
[01:09:24.000 --> 01:09:26.000] It's just not the way it's enforced.
[01:09:26.000 --> 01:09:34.000] So what do you do when your public officials are breaking the rules?
[01:09:34.000 --> 01:09:38.000] Well, you can either oppose Al Capone or you can join him.
[01:09:38.000 --> 01:09:45.000] No, no, there's a whole, that's another way it's a whole lot more fun.
[01:09:45.000 --> 01:09:47.000] You can set him up.
[01:09:47.000 --> 01:09:51.000] You can have great fun at their expense.
[01:09:51.000 --> 01:09:54.000] I mean, it is, of course.
[01:09:54.000 --> 01:09:58.000] I mean, they're chumps.
[01:09:58.000 --> 01:09:59.000] What are they going to do?
[01:09:59.000 --> 01:10:02.000] They're going to charge you a couple hundred bucks for a ticket?
[01:10:02.000 --> 01:10:05.000] That's the worst they can do.
[01:10:05.000 --> 01:10:09.000] If you give me a ticket, I just have to give me a ticket a while back and I told him,
[01:10:09.000 --> 01:10:18.000] Bubba, I am fixing to give you a romp through the legal system you are not going to believe.
[01:10:18.000 --> 01:10:20.000] He said, oh, you are.
[01:10:20.000 --> 01:10:21.000] Yes, I am.
[01:10:21.000 --> 01:10:23.000] I'm going to have a great time doing it.
[01:10:23.000 --> 01:10:25.000] He said, well, I hope you do.
[01:10:25.000 --> 01:10:31.000] He didn't believe me, but I'm going to give him a romp through the legal system.
[01:10:31.000 --> 01:10:32.000] He's not going to believe it.
[01:10:32.000 --> 01:10:35.000] Enjoy every minute of it.
[01:10:35.000 --> 01:10:38.000] So my whole show is about looking for those guys.
[01:10:38.000 --> 01:10:52.000] If you're not there to fix it, there are other shows that are more attuned to the philosophies of dealing with how things should be.
[01:10:52.000 --> 01:10:59.000] And for me, you know, I got these ideas of how things should be, but that's not why I'm here.
[01:10:59.000 --> 01:11:02.000] So do you have anything else for us, Darren?
[01:11:02.000 --> 01:11:09.000] Well, I was just going to ask you, did you tell them at the end of this ride, you might not like the ride,
[01:11:09.000 --> 01:11:11.000] but at the end of the ride, we just might be friends.
[01:11:11.000 --> 01:11:13.000] Did you tell them that?
[01:11:13.000 --> 01:11:22.000] Yeah, I always, almost always when I'm done, they don't hate me anymore.
[01:11:22.000 --> 01:11:31.000] I had a prosecutor prosecute me years ago and I stood in front of the jury and I said, are you going to listen to him?
[01:11:31.000 --> 01:11:33.000] And pointed at him.
[01:11:33.000 --> 01:11:35.000] So this is the one that got in front of me.
[01:11:35.000 --> 01:11:37.000] This is the one that I'm sorry.
[01:11:37.000 --> 01:11:39.000] You're going to listen to him.
[01:11:39.000 --> 01:11:40.000] So you know what this is?
[01:11:40.000 --> 01:11:47.000] This is what they call an unethical attorney in his old head turned bright red because he was bald.
[01:11:47.000 --> 01:11:53.000] And because I had already proved that he was an unethical attorney.
[01:11:53.000 --> 01:12:04.000] Oh, 15 years later, he had left the county and went to Florida and then he went to Alaska and he came back and I saw him in the courthouse.
[01:12:04.000 --> 01:12:08.000] And we spoke and then I went to see him in his office because he was practicing.
[01:12:08.000 --> 01:12:10.000] I wanted to get some information from him.
[01:12:10.000 --> 01:12:17.000] And when I left, he said, Mr. Kelton, you remember when I prosecuted you? That's the way I remember.
[01:12:17.000 --> 01:12:19.000] Mr. Kelton, you really took me on.
[01:12:19.000 --> 01:12:21.000] I said, well, I tried to.
[01:12:21.000 --> 01:12:29.000] He said, I'm going to tell you, I always respected you for that.
[01:12:29.000 --> 01:12:36.000] I was really surprised to hear that from him, but three months later he was dead.
[01:12:36.000 --> 01:12:40.000] I think he come back to die in Texas because he knew he was dying of cancer.
[01:12:40.000 --> 01:12:42.000] Didn't tell anybody.
[01:12:42.000 --> 01:12:48.000] But he had some things he wanted to get off his chest and that was one of them.
[01:12:48.000 --> 01:12:53.000] You give these guys a good fight.
[01:12:53.000 --> 01:12:58.000] You come away with respect.
[01:12:58.000 --> 01:13:07.000] A lot of you might have heard Harman Taylor when he used to be on the radio quite a bit.
[01:13:07.000 --> 01:13:13.000] Harman Taylor is about a 120 pounds little guy and he was doing Constitution classes.
[01:13:13.000 --> 01:13:20.000] A friend of mine who was a police officer that I helped him keep his job got me an introduction to Harman.
[01:13:20.000 --> 01:13:26.000] Well, the day I was going to meet him because he was doing Constitution classes,
[01:13:26.000 --> 01:13:31.000] I was in the convenience store across the street and there were three or four women working in there
[01:13:31.000 --> 01:13:34.000] and they're trying to shoe out this big, erudal dog.
[01:13:34.000 --> 01:13:36.000] So I was kind of concerned about that.
[01:13:36.000 --> 01:13:40.000] So I got in there and I'm shoeing it out and two people opened the door.
[01:13:40.000 --> 01:13:47.000] And when the dog saw where we were pushing it, he spun around and dove and took my hand out of your hair.
[01:13:47.000 --> 01:13:48.000] The dog got it.
[01:13:48.000 --> 01:13:50.000] Now he can't go anywhere.
[01:13:50.000 --> 01:13:52.000] So we run him into the office.
[01:13:52.000 --> 01:13:55.000] The office only had one way in, no other way out.
[01:13:55.000 --> 01:14:01.000] And when he realized she was trapped, she spun around and came at me and I reached for the doorknob to slam the door
[01:14:01.000 --> 01:14:05.000] and she grabbed my hand and sunk every tooth to the bone.
[01:14:05.000 --> 01:14:10.000] And I come over to the cop and hit her on top of the head so hard all for her feet went out,
[01:14:10.000 --> 01:14:12.000] went straight out and she went down.
[01:14:12.000 --> 01:14:17.000] And I tried to grab her before she got her senses about her,
[01:14:17.000 --> 01:14:23.000] but I wasn't quick enough and she grabbed the other hand and sunk every tooth to the bone.
[01:14:23.000 --> 01:14:28.000] Well, I just closed my hand around her bottom jaw, cranked her mouth open,
[01:14:28.000 --> 01:14:31.000] pushed her head into the ground, grabbed her with a throat,
[01:14:31.000 --> 01:14:34.000] and the other hand choked her until she collapsed.
[01:14:34.000 --> 01:14:37.000] I thought, heck, I don't want to kill a poor critter.
[01:14:37.000 --> 01:14:39.000] She's an airdale.
[01:14:39.000 --> 01:14:41.000] Airdales will not back down.
[01:14:41.000 --> 01:14:46.000] She was just scared so I gave her a breath and she was on me like a tiger.
[01:14:46.000 --> 01:14:49.000] So I choked her back down and picked her up by the throat,
[01:14:49.000 --> 01:14:52.000] opened the bathroom door and threw her in.
[01:14:52.000 --> 01:14:56.000] Well, I came out and the cop stand, or Tom the cop, he said, does she bite?
[01:14:56.000 --> 01:15:00.000] And I'm holding up my hands into the line of blood going back into the office.
[01:15:00.000 --> 01:15:04.000] Oh yeah, I called him. She bites.
[01:15:04.000 --> 01:15:07.000] So I got some gauze tape and wrapped my hands up with it
[01:15:07.000 --> 01:15:11.000] and I was wearing a three-piece white French suit.
[01:15:11.000 --> 01:15:16.000] And I meet Harmon Taylor and he, I go in his house and we're sitting down
[01:15:16.000 --> 01:15:23.000] and I've got my forearms sitting on my knees because blood is seeping through these bandages.
[01:15:23.000 --> 01:15:29.000] And Harmon said, I gotta ask, what happened to you?
[01:15:29.000 --> 01:15:35.000] And I said, well, Harmon, I had a little disagreement with a dog.
[01:15:35.000 --> 01:15:38.000] And he said, well, who won?
[01:15:38.000 --> 01:15:44.000] And I leaned forward and said, I did.
[01:15:44.000 --> 01:15:49.000] Robert the cop called me later and said, what'd you do to Harmon?
[01:15:49.000 --> 01:15:51.000] I didn't do anything to him.
[01:15:51.000 --> 01:15:56.000] He says, you're crazy.
[01:15:56.000 --> 01:16:03.000] Harmon still thinks I'm a little crazy, but they put that Airdale down.
[01:16:03.000 --> 01:16:06.000] And I hated that.
[01:16:06.000 --> 01:16:11.000] I thought she gave me one heck of a fight.
[01:16:11.000 --> 01:16:14.000] I had to appreciate her for that.
[01:16:14.000 --> 01:16:16.000] We do that.
[01:16:16.000 --> 01:16:20.000] You get in a good fight with somebody and if you fight them clean and fair
[01:16:20.000 --> 01:16:27.000] and take them to task on their own terms, you get a lot of respect afterward.
[01:16:27.000 --> 01:16:30.000] And it's worth it.
[01:16:30.000 --> 01:16:35.000] Okay, when we come back, we got a bunch more callers and we're way into the show
[01:16:35.000 --> 01:16:37.000] so I want to make sure I get everybody.
[01:16:37.000 --> 01:16:39.000] Do you have anything else, Terrence?
[01:16:39.000 --> 01:16:44.000] No, thank you very much, Randy, and I'm picking up on it.
[01:16:44.000 --> 01:16:46.000] Okay, thank you, Terrence.
[01:16:46.000 --> 01:16:53.000] Okay, Randy Kelton, Louisville Radio or call in number 512-646-1984.
[01:16:53.000 --> 01:17:00.000] We'll be right back.
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[01:19:18.000 --> 01:19:39.960] Okay, we are back.
[01:19:39.960 --> 01:19:45.800] Randy Kelkin, Rouleville Radio, and we're going to Sonny in Georgia.
[01:19:45.800 --> 01:19:47.640] Hello, Sonny.
[01:19:47.640 --> 01:19:49.680] What is up in Georgia?
[01:19:49.680 --> 01:19:51.680] Hey, Randy.
[01:19:51.680 --> 01:19:53.840] I hope you're doing well tonight.
[01:19:53.840 --> 01:19:56.360] I am doing great.
[01:19:56.360 --> 01:20:03.720] I don't care what my mother says.
[01:20:03.720 --> 01:20:12.520] I was trying to get a Tennessee ID, and they sent me to the Highway Patrol, and it was
[01:20:12.520 --> 01:20:17.160] in this building, and I went there, and they had moved, and it was now Child Protective
[01:20:17.160 --> 01:20:22.240] Service, it was Health and Human Services, and I told them that while I'm here, I need
[01:20:22.240 --> 01:20:28.360] to file child abuse charges against my mother.
[01:20:28.360 --> 01:20:30.480] They said, well, how old is your mother?
[01:20:30.480 --> 01:20:31.480] I said, 96.
[01:20:31.480 --> 01:20:34.400] Well, what did she do?
[01:20:34.400 --> 01:20:37.280] Well, she's trying to feed me to death.
[01:20:37.280 --> 01:20:42.840] When I came here, I only weighed 120 pounds, and look at me now.
[01:20:42.840 --> 01:20:49.280] They left me out of the place.
[01:20:49.280 --> 01:20:50.280] Mom's a sweetheart.
[01:20:50.280 --> 01:20:53.920] She puts up with my abuse pretty well.
[01:20:53.920 --> 01:21:00.720] Okay, so where are you at with your case in Georgia?
[01:21:00.720 --> 01:21:12.880] Well, I thought that I was going to be filing an appeal, but I have just received another
[01:21:12.880 --> 01:21:15.480] notice from the appellate court.
[01:21:15.480 --> 01:21:23.360] The first one was that they dogged the appeal, and then I got a notice today saying that
[01:21:23.360 --> 01:21:35.360] they have dismissed my appeal for not filing my notice of appeal in a timely fashion.
[01:21:35.360 --> 01:21:46.480] They're saying that I was two days late of the 30-day requirement from the day that they
[01:21:46.480 --> 01:21:55.440] denied my motion for new trial, they're saying that I was 32 days after that, so I'm still
[01:21:55.440 --> 01:22:02.680] trying to wrap my head around this, still trying to find my documents and verify and
[01:22:02.680 --> 01:22:16.320] count days and that sort of thing, but I'm thinking that before the motion for new trial
[01:22:16.320 --> 01:22:27.080] right after sentencing, the judge accepted a verbal notice of appeal from me right there
[01:22:27.080 --> 01:22:40.200] on the spot and gave me an appeal bond, a superseded bond, and so I'm hoping that the
[01:22:40.200 --> 01:22:41.680] appellate court would...
[01:22:41.680 --> 01:22:48.200] Yeah, just filed a motion for reconsideration.
[01:22:48.200 --> 01:22:53.440] You gave notice of appeal in the courtroom, they're going to say that you were required
[01:22:53.440 --> 01:23:02.400] to give notice of appeal in writing, and you're going to argue that a strict interpretation
[01:23:02.400 --> 01:23:07.440] of the requirement for the notice of appeal in writing would have the effect of denying
[01:23:07.440 --> 01:23:15.760] you in your day in court.
[01:23:15.760 --> 01:23:20.440] It asks for reconsideration, and then when they deny a reconsideration, then you file
[01:23:20.440 --> 01:23:22.320] for a cert.
[01:23:22.320 --> 01:23:28.560] Did you calculate the days correctly?
[01:23:28.560 --> 01:23:31.560] I'm not sure yet because I'm not...
[01:23:31.560 --> 01:23:38.440] Okay, what day did the judge sign the decision?
[01:23:38.440 --> 01:23:43.800] Well, I'm still...
[01:23:43.800 --> 01:23:50.400] I have not nailed down all of those dates yet because I just got this letter, and so
[01:23:50.400 --> 01:24:00.400] I'm going through my papers trying to find my notice to appeal, trying to get my letter
[01:24:00.400 --> 01:24:07.680] from the court and verify those dates and then count them and then maybe check and see exactly
[01:24:07.680 --> 01:24:08.680] how many days...
[01:24:08.680 --> 01:24:19.080] Because if I remember correctly, I thought that I had counted correctly, but I would
[01:24:19.080 --> 01:24:31.000] think that the judge accepting my verbal notice of appeal would carry a little bit of weight
[01:24:31.000 --> 01:24:32.000] as well.
[01:24:32.000 --> 01:24:40.040] Yes, but they're going to say that an appeal is not perfected until a written notice of
[01:24:40.040 --> 01:24:47.440] appeal is filed, and you're going to say that the notice of appeal in the courtroom was on
[01:24:47.440 --> 01:24:55.160] the record and essentially was thereby written by the court reporter and should be accepted
[01:24:55.160 --> 01:24:56.160] should...
[01:24:56.160 --> 01:25:04.400] This is a minor technicality that should not cost you your right to your day in court,
[01:25:04.400 --> 01:25:11.880] and if they deny that, then you take that to the Supreme, and it's a good argument to
[01:25:11.880 --> 01:25:18.680] bring to the Supreme that a prosaed litigant should not be denied his day in court based
[01:25:18.680 --> 01:25:26.280] on a minor technicality.
[01:25:26.280 --> 01:25:34.600] And so you had mentioned filing a cert, would that be a cert to Rory?
[01:25:34.600 --> 01:25:40.400] Yes, certiority to the Supreme, but only after you file a motion for reconsideration to the
[01:25:40.400 --> 01:25:53.720] Court of Appeals, they will likely deny it, then you can take that to the Supreme, but
[01:25:53.720 --> 01:26:00.760] when you write the motion for reconsideration, you argue as to why they should make your
[01:26:00.760 --> 01:26:03.720] argument to the Supreme.
[01:26:03.720 --> 01:26:08.200] You're writing it to the Court of Appeals, but you really want the argument directed
[01:26:08.200 --> 01:26:12.560] at the Supreme.
[01:26:12.560 --> 01:26:17.120] You write it in a way that you would write it if you were given it to the Supreme, because
[01:26:17.120 --> 01:26:24.920] you like to do that anyway, but you want to bring an issue that needs clarification.
[01:26:24.920 --> 01:26:29.720] You need to see if this has been addressed before and how it's been addressed.
[01:26:29.720 --> 01:26:32.840] This takes in research.
[01:26:32.840 --> 01:26:41.800] Find cases that have been dismissed for this reason, and see if you can find prosaed cases
[01:26:41.800 --> 01:26:48.320] that have been dismissed for this reason, where there was already a notice of appeal
[01:26:48.320 --> 01:26:53.400] in the courtroom.
[01:26:53.400 --> 01:26:59.920] I'm going to say a notice of appeal in the courtroom was written down by the court reporter,
[01:26:59.920 --> 01:27:05.200] so it should be considered that a written notice was filed.
[01:27:05.200 --> 01:27:12.640] Yes, because the transcript was filed into the record.
[01:27:12.640 --> 01:27:13.640] Yes.
[01:27:13.640 --> 01:27:22.760] So the court can't say they didn't have written notice, it's right there in the transcript.
[01:27:22.760 --> 01:27:32.440] The only thing that they might try to argue is that once you file a motion for a new trial,
[01:27:32.440 --> 01:27:44.160] that the notice is voided, that any previous notice of appeal is voided, and that's okay.
[01:27:44.160 --> 01:27:45.160] If you...
[01:27:45.160 --> 01:27:47.000] Okay, at least not that way in Texas.
[01:27:47.000 --> 01:27:56.160] If you give premature notice of appeal, it resides in the record until it matures.
[01:27:56.160 --> 01:28:02.320] In Georgia, there's a case, and I found this, and I've got this criminal trial practice
[01:28:02.320 --> 01:28:11.440] book for Georgia, and it's a ponder versus say, it says the court held, if timely notice
[01:28:11.440 --> 01:28:18.640] of appeal is filed, and then a motion for new trial is filed, then this has the effect
[01:28:18.640 --> 01:28:26.040] of voiding the earlier notice of appeal.
[01:28:26.040 --> 01:28:27.040] And then...
[01:28:27.040 --> 01:28:32.320] Yeah, but did you file a second notice of appeal?
[01:28:32.320 --> 01:28:41.960] They're saying that I did, I've not found it yet, I'm still going through my papers.
[01:28:41.960 --> 01:28:48.840] They're saying that my second notice of appeal was 32 days after the motion for new trial
[01:28:48.840 --> 01:28:49.840] was denied.
[01:28:49.840 --> 01:28:50.840] No.
[01:28:50.840 --> 01:28:59.600] Okay, you need to argue that your first notice of appeal should reside in the record until
[01:28:59.600 --> 01:29:05.600] the motion for new trial was adjudicated.
[01:29:05.600 --> 01:29:17.960] And you can bring under good faith, and we lose that second word.
[01:29:17.960 --> 01:29:26.000] You can bring the case law from Texas into Georgia, where Texas says that if a notice
[01:29:26.000 --> 01:29:31.600] of appeal is filed prematurely, it relies on the record until it matures.
[01:29:31.600 --> 01:29:34.560] You can make that argument.
[01:29:34.560 --> 01:29:36.560] Good faith and deference.
[01:29:36.560 --> 01:29:51.200] Yeah, if all of that doesn't pan out, then I would think that a writ of habeas corpus,
[01:29:51.200 --> 01:29:58.480] which I've filed, one, based on just an unconscionable...
[01:29:58.480 --> 01:30:00.840] Okay, hang on, I'm going...
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[01:33:35.120 --> 01:33:37.120] Okay, we are back.
[01:33:37.120 --> 01:33:46.120] Randy Kelton, Rule of Law Radio on this, the 28th day of June, 2019, and we're talking
[01:33:46.120 --> 01:33:48.120] to Sonny and Georgia.
[01:33:48.120 --> 01:33:54.120] Okay, Sonny, where were we when we almost ran off the cliff?
[01:33:54.120 --> 01:34:02.120] Well, I do have a bit of habeas corpus that I've filed.
[01:34:02.120 --> 01:34:11.120] And I wasn't sure if that, I combined a mandamus with the real habeas corpus.
[01:34:11.120 --> 01:34:16.120] I don't see grounds for habeas.
[01:34:16.120 --> 01:34:23.120] There's been a conviction so you won't have grounds for habeas.
[01:34:23.120 --> 01:34:33.120] Unless you could show that there was some gross impropriety in the adjudicative process.
[01:34:33.120 --> 01:34:44.120] Well, there is a Georgia case that says that habeas corpus is appropriate where the court
[01:34:44.120 --> 01:34:55.120] does not have jurisdiction to issue rid of mandamus and no criminality attaches with the
[01:34:55.120 --> 01:34:56.120] law.
[01:34:56.120 --> 01:35:02.120] Basically, if you could show that there's no probable cause, that there was no criminality
[01:35:02.120 --> 01:35:07.120] in the case, then habeas corpus is...
[01:35:07.120 --> 01:35:12.120] Yeah, but the court has already ruled criminally against you.
[01:35:12.120 --> 01:35:14.120] So that's a determination.
[01:35:14.120 --> 01:35:16.120] That's a court ruling.
[01:35:16.120 --> 01:35:23.120] They can't revisit, except on appeal.
[01:35:23.120 --> 01:35:26.120] They can't revisit that.
[01:35:26.120 --> 01:35:29.120] The court has already made a determination.
[01:35:29.120 --> 01:35:35.120] These are arguments that would have been brought in the prosecution or in the defense.
[01:35:35.120 --> 01:35:41.120] And the judge has already ruled.
[01:35:41.120 --> 01:35:47.120] You won't have access to that.
[01:35:47.120 --> 01:35:52.120] I would not spend my time in that direction because it's going to be a waste of time.
[01:35:52.120 --> 01:36:00.120] Spend your time on the issue of two days.
[01:36:00.120 --> 01:36:09.120] And two days can go to honest mistake.
[01:36:09.120 --> 01:36:11.120] Right.
[01:36:11.120 --> 01:36:14.120] And maybe...
[01:36:14.120 --> 01:36:26.120] That's after you maintain that your original notice of appeal was active in the record and
[01:36:26.120 --> 01:36:32.120] served its purpose of giving the court notice of your intent to appeal and the fact that
[01:36:32.120 --> 01:36:40.120] you filed a motion for reconsideration did not void the notice of appeal.
[01:36:40.120 --> 01:36:44.120] And in other states have ruled that way.
[01:36:44.120 --> 01:36:52.120] So see if Georgia has ruled that way.
[01:36:52.120 --> 01:37:06.120] Well, like you said, I'll have to do some research on that and might not even hurt to talk to an appellate specialist
[01:37:06.120 --> 01:37:09.120] and just get their two cents opinion.
[01:37:09.120 --> 01:37:15.120] Yes, it would probably would be a good idea.
[01:37:15.120 --> 01:37:17.120] Okay.
[01:37:17.120 --> 01:37:19.120] Well, thank you.
[01:37:19.120 --> 01:37:23.120] All right. Do you have anything else for us, Sonny?
[01:37:23.120 --> 01:37:27.120] That's it. That's it. That's it for now.
[01:37:27.120 --> 01:37:29.120] Okay. Thank you, Sonny.
[01:37:29.120 --> 01:37:34.120] Now we're going to Tina in California. Hello, Tina.
[01:37:34.120 --> 01:37:37.120] Hello, Randy.
[01:37:37.120 --> 01:37:42.120] What do you have for us today?
[01:37:42.120 --> 01:37:44.120] Just a couple of little things.
[01:37:44.120 --> 01:37:52.120] I wanted to tell you and your listeners that I know a lady who, you know, she's an elderly
[01:37:52.120 --> 01:38:04.120] seven-year-old, very active and used to be a work as a paralegal and also as a private investigator
[01:38:04.120 --> 01:38:07.120] but for someone else.
[01:38:07.120 --> 01:38:14.120] Years ago, she's quite good at writing and researching court things and researching people.
[01:38:14.120 --> 01:38:23.120] She's her husband died last year and she's willing to, you know, help for very, very reasonable people
[01:38:23.120 --> 01:38:28.120] who just don't have time to write or need help with certain things.
[01:38:28.120 --> 01:38:36.120] She said just have them come through you so that I know, you know, who they are, who's going to be contacting me.
[01:38:36.120 --> 01:38:42.120] So if anyone is interested and they just need a little help that she can't give legal advice,
[01:38:42.120 --> 01:38:53.120] but she's, I've seen some of the things she's written and much more confident than some of the things I started writing.
[01:38:53.120 --> 01:38:59.120] But anyway, that's out there if anyone needs a little help because they're overwhelmed.
[01:38:59.120 --> 01:39:08.120] Good, good, we need a private investigator that we can go to that is credible.
[01:39:08.120 --> 01:39:15.120] So if anybody needs a private investigator, let us know, send me an email and direct it to Tina
[01:39:15.120 --> 01:39:20.120] and I will forward it to Tina or Tina, do you want to give us your email?
[01:39:20.120 --> 01:39:31.120] Yeah, I don't mind it. Tia's and Tom, Tia's and Kat, the number four gold, as in gold bullion, at gmail.com.
[01:39:31.120 --> 01:39:36.120] So tc4gold at gmail.com.
[01:39:36.120 --> 01:39:46.120] And just put in the subject line, help with research and stuff via Randy's call.
[01:39:46.120 --> 01:39:49.120] We're good, maybe we can send some business her away.
[01:39:49.120 --> 01:39:57.120] Yeah, so anyway, the second thing I was listening to everybody and you were talking to one of the guys,
[01:39:57.120 --> 01:40:03.120] the first guys on and you were talking about how, you know, when they go to federal court,
[01:40:03.120 --> 01:40:08.120] they just try to dismiss it, all this other stuff and in state court, things tickle.
[01:40:08.120 --> 01:40:15.120] Well, I've had a little experience of obviously both and you write about federal court and I actually have a document
[01:40:15.120 --> 01:40:24.120] that someone has sent me how it's written for attorneys on how to take a pro se litigant case in state court
[01:40:24.120 --> 01:40:33.120] and get it into federal because the rulings are much more favorable and how, you know, pro se is just awful for you.
[01:40:33.120 --> 01:40:41.120] I'll have to find it and send it to you, but I also put my case in state court and they tried to remove it to federal
[01:40:41.120 --> 01:40:49.120] and at that time I had an attorney and he managed to keep it in state court
[01:40:49.120 --> 01:40:53.120] because I said there's obviously a reason why they want to remove it to federal
[01:40:53.120 --> 01:40:57.120] and if they want to remove it, I don't want it removed.
[01:40:57.120 --> 01:41:05.120] They've got the judges, the federal judges in, especially in California, bought and paid for.
[01:41:05.120 --> 01:41:12.120] Yes, but then I stayed in state court and I had that judge who, you know, sort of was babysitting the other side
[01:41:12.120 --> 01:41:16.120] and he hated my case from the start.
[01:41:16.120 --> 01:41:19.120] He did not want to deal with it.
[01:41:19.120 --> 01:41:27.120] He made it very clear, you know, and he didn't like the even overruling in California
[01:41:27.120 --> 01:41:32.120] and he said this is just going to bring all kinds of stuff and, you know, don't like it.
[01:41:32.120 --> 01:41:41.120] So he was obviously biased, but then he took it to the California Supreme
[01:41:41.120 --> 01:41:45.120] and in my former attorney, he did write well.
[01:41:45.120 --> 01:41:50.120] He was a total pussy in front of the judges and I told him so, but he wrote fairly well
[01:41:50.120 --> 01:41:54.120] and he put it very clearly how it was not resjudicata,
[01:41:54.120 --> 01:41:59.120] how they completely violated the California Homeland Bill of Rights.
[01:41:59.120 --> 01:42:09.120] It was extremely clear and well, you know, put out there and I, but I filed it obviously pro se and they just denied it.
[01:42:09.120 --> 01:42:17.120] So how do you, I mean, it's clear that what they did was not, it did not come under resjudicata,
[01:42:17.120 --> 01:42:22.120] but they throw that out at everything just like they have with this declaratory judgment.
[01:42:22.120 --> 01:42:29.120] So I had no luck in both federal and state court.
[01:42:29.120 --> 01:42:39.120] Well, this California, that's been a problem that I've had in California is the courts just seem to rule against pro se litigants
[01:42:39.120 --> 01:42:44.120] out of hand at every turn without regard for the right of things to the rule of law.
[01:42:44.120 --> 01:42:47.120] Especially in foreclosure.
[01:42:47.120 --> 01:42:49.120] Especially in foreclosure.
[01:42:49.120 --> 01:42:57.120] Yeah, is there anything I can do after the fact against the Supreme Court judges for denying me my right?
[01:42:57.120 --> 01:43:02.120] No, I don't think you can get to the Supreme Court judges at all.
[01:43:02.120 --> 01:43:04.120] You can't do anything?
[01:43:04.120 --> 01:43:07.120] No.
[01:43:07.120 --> 01:43:11.120] They are absolutely protected.
[01:43:11.120 --> 01:43:17.120] Unless you catch them taking bribes or something or something really obvious.
[01:43:17.120 --> 01:43:23.120] Otherwise they're protected.
[01:43:23.120 --> 01:43:25.120] Okay.
[01:43:25.120 --> 01:43:36.120] So the ones that made me pay that fee, even though I had been granted a fee waiver in the lower court,
[01:43:36.120 --> 01:43:39.120] they said they weren't going to hear my appeal.
[01:43:39.120 --> 01:43:43.120] Oh, we're running off the care for Andy.
[01:43:43.120 --> 01:43:47.120] Okay, I was actually watching the clock there.
[01:43:47.120 --> 01:43:54.120] Okay, Randy Kelvin, rule of law radio, I call it number 512646 1984.
[01:43:54.120 --> 01:44:00.120] We'll be right back.
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[01:46:01.120 --> 01:46:29.120] Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Tina in California.
[01:46:29.120 --> 01:46:35.120] Okay, sometimes you run out of options.
[01:46:35.120 --> 01:46:44.120] So we talked, but there was one thing I think you said before on the ones when I tried to file an appeal, you know, a couple years ago.
[01:46:44.120 --> 01:46:53.120] They said they weren't going to hear it unless I paid the fee, and even if I paid the fee, they might not hear it anyway.
[01:46:53.120 --> 01:47:01.120] And so, you know, I was extorted to pay the fee, and then they dismissed it as frivolous.
[01:47:01.120 --> 01:47:08.120] And I'd already been declared as, you know, being able to file as an indigent in the lower court.
[01:47:08.120 --> 01:47:12.120] Did you raise that issue with the Supreme?
[01:47:12.120 --> 01:47:13.120] No.
[01:47:13.120 --> 01:47:20.120] Then you waived it.
[01:47:20.120 --> 01:47:27.120] You have to raise the issue. You can't let them go by and then raise an issue later.
[01:47:27.120 --> 01:47:33.120] You had to raise that issue with the Supreme.
[01:47:33.120 --> 01:47:38.120] But you don't, you know, a lot of times when you're profile, you don't know these things, you know?
[01:47:38.120 --> 01:47:40.120] And they take advantage of that, yes.
[01:47:40.120 --> 01:47:41.120] They do.
[01:47:41.120 --> 01:47:49.120] So sometimes you run out in the fight you're in, so pick the next fight.
[01:47:49.120 --> 01:47:50.120] Okay.
[01:47:50.120 --> 01:47:56.120] There are other fights you can have with them that you're more likely to bring them to the table or win them.
[01:47:56.120 --> 01:47:58.120] Yeah.
[01:47:58.120 --> 01:48:02.120] And those are the only best ones you pick yourself.
[01:48:02.120 --> 01:48:04.120] Yeah.
[01:48:04.120 --> 01:48:13.120] But I can still go after the judge somehow for failing to apply the rule of law to all the facts of the case.
[01:48:13.120 --> 01:48:20.120] No, you can't go after the judge after you've been to the Supreme unless you were filed criminally against him.
[01:48:20.120 --> 01:48:21.120] You can't sue judges.
[01:48:21.120 --> 01:48:24.120] Why not?
[01:48:24.120 --> 01:48:27.120] I can file criminally, right?
[01:48:27.120 --> 01:48:30.120] If you have the grounds, absolutely.
[01:48:30.120 --> 01:48:40.120] Well, didn't you have that case where it says that, you know, if a judge doesn't apply all the facts?
[01:48:40.120 --> 01:48:41.120] Yes.
[01:48:41.120 --> 01:48:42.120] Absolutely.
[01:48:42.120 --> 01:48:51.120] If a judge has no discretion in properly applying the law to the facts of failure to do so is an abusive discretion.
[01:48:51.120 --> 01:48:57.120] An abusive discretion that has the effect of denying a citizen full free access to enjoyment, right?
[01:48:57.120 --> 01:49:00.120] Well, that's crime in every state.
[01:49:00.120 --> 01:49:03.120] So yeah, you can make that claim.
[01:49:03.120 --> 01:49:13.120] Then he has to look at a grand jury examining his behavior rather than one of his buddy judges.
[01:49:13.120 --> 01:49:18.120] So who is the first person I filed that with?
[01:49:18.120 --> 01:49:20.120] California grand jury.
[01:49:20.120 --> 01:49:28.120] You send it to the grand jury address to the only address you have for him, which is a prosecuting attorney's office.
[01:49:28.120 --> 01:49:31.120] Okay.
[01:49:31.120 --> 01:49:39.120] Okay, that's a whole procedure and that it's a procedure we haven't went through in a long time.
[01:49:39.120 --> 01:49:42.120] I have two more callers.
[01:49:42.120 --> 01:49:46.120] Yeah, but but they probably won't last out the rest of the show.
[01:49:46.120 --> 01:50:00.120] So why don't you listen in and then when I get done with Max and Tim, if I don't have any more callers, we'll go back to this and I'll go through this process in some detail.
[01:50:00.120 --> 01:50:03.120] Okay, do you want me to stay on this line though or?
[01:50:03.120 --> 01:50:09.120] It'd be better if you call back after we dropped him because Deborah's struggling to pay for these phone lines.
[01:50:09.120 --> 01:50:11.120] We have to pay for all this time.
[01:50:11.120 --> 01:50:12.120] Yeah.
[01:50:12.120 --> 01:50:13.120] No, that's fine.
[01:50:13.120 --> 01:50:16.120] By the way, I did sign up for a dollar monthly yesterday.
[01:50:16.120 --> 01:50:18.120] Oh, wonderful.
[01:50:18.120 --> 01:50:19.120] Thank you.
[01:50:19.120 --> 01:50:20.120] Yep.
[01:50:20.120 --> 01:50:21.120] No problem.
[01:50:21.120 --> 01:50:22.120] When I get a little.
[01:50:22.120 --> 01:50:23.120] Wait a minute.
[01:50:23.120 --> 01:50:24.120] Wait a minute.
[01:50:24.120 --> 01:50:27.120] You didn't say anything about Randy's beer fund.
[01:50:27.120 --> 01:50:30.120] That's what I put it into Randy's beer.
[01:50:30.120 --> 01:50:35.120] Oh, okay.
[01:50:35.120 --> 01:50:37.120] Okay, thank you, Tina.
[01:50:37.120 --> 01:50:44.120] Okay, we'll get back to you after this next message after we get done with Max and Tim.
[01:50:44.120 --> 01:50:48.120] Okay, now we're going to Max in Texas.
[01:50:48.120 --> 01:50:50.120] Hello, Max.
[01:50:50.120 --> 01:50:59.120] Oh, Mr. Randy Kelton, sir, I must say a long time inspiration to me.
[01:50:59.120 --> 01:51:14.120] And I guess thank you for that, that previous calling thing that she said, that previous caller saying she signed up for the, the dollar a month club, you know, for, for the, you know, you know, to help out.
[01:51:14.120 --> 01:51:29.120] Logos radio network, so I also like to say that, you know, I've been, I've been trying to do monthly donations to, to Logos radio network, trying to keep you guys on the line.
[01:51:29.120 --> 01:51:37.120] I know you guys have been like, you know, super hurting for, you know, just trying to keep just trying to keep you all online.
[01:51:37.120 --> 01:51:44.120] And Yalapab, so many people, myself included, you know, I've been listening for years.
[01:51:44.120 --> 01:51:49.120] And I can't tell you how many dismissals I've gotten and, you know, just everything else.
[01:51:49.120 --> 01:52:02.120] So, you know, I want to encourage everybody to get on to that re reoccurring payments, you know, and, and even if they're small, you know, man, that's, you know, just just give what you can.
[01:52:02.120 --> 01:52:16.120] Because you guys, I mean, all the way, you know, I think it's all the way back to 2009, you guys have been just, just presenting golden information that can be proved by the black letter of the law.
[01:52:16.120 --> 01:52:24.120] And, and, and I can't tell you, you know, my biggest frustration is that I can go, I can go get my dismissals all day long.
[01:52:24.120 --> 01:52:37.120] I just can't keep them from doing this to other people that breaks my heart. But, but, but everyone lists them, you know, and, and plus, it looks like y'all have a new 2019 raffle going on.
[01:52:37.120 --> 01:52:53.120] So, yes, so everyone remember, you know, this throw in that, you know, what $25, you know, every $25 entry, you know, gets them an entry to to win the, I guess, so far it's a spike tactical low receiver or is it.
[01:52:53.120 --> 01:53:04.120] Yeah, Deborah hasn't hasn't talked to me about it yet. She told me that they had another gun raffle, but we haven't talked about it yet. So I'm not sure what it is.
[01:53:04.120 --> 01:53:08.120] I'm sure she'll announce it next week. She was tied up this week.
[01:53:08.120 --> 01:53:26.120] Yeah, the website says other prizes to be announced. So, you know, what will, you know, all of us rule all radio fans were willing to, you know, to be patient and see what that is. And a lot, and for a lot of us, it's not about winning the win in the prize.
[01:53:26.120 --> 01:53:44.120] It's about keeping you guys on the air. And, you know, I've been a listener for you guys, you know, since, oh heck 2013. And, you know, and, and man, I can't tell you how much I've learned and how many dismissals I've gotten.
[01:53:44.120 --> 01:54:03.120] That is really good to hear because that's why we're on the air for when we change things. Things will change slowly. And when these officials change their procedures, they're not going to wave some red flag and say, hey, this guy come in.
[01:54:03.120 --> 01:54:19.120] He kicked our behinds. So we changed everything. They won't give you the last thing they want you to do is know that what you did forced them to change. So you're not going to get any accolade.
[01:54:19.120 --> 01:54:32.120] You're not going to get any over indication that what you did forced them to change. So it's up to us just to keep hammering them.
[01:54:32.120 --> 01:54:44.120] Yeah. And you know what, we've made a lot of change just because I see all these silly videos on YouTube and Facebook about people talking about not engaged in transportation and stuff.
[01:54:44.120 --> 01:55:05.120] Mind you, they completely bungled the, you know, the, the, the transportation stop script and, and yeah, they got it all wrong. But the thing is, is that there's a lot of people learning that there's some sort of inherent difference between commercial and, and just being a Texan, you know, using his roadways.
[01:55:05.120 --> 01:55:19.120] I'm going to say it don't matter if you get it right or not. Just buy them, beat them up, make them prove you didn't get it right.
[01:55:19.120 --> 01:55:31.120] It just makes their jobs worse. And if you're bar grieving them on a regular basis, then you're raining fire from the sky on them.
[01:55:31.120 --> 01:55:41.120] Well, not only that, but, but check this out. Like, like, okay, even though I've seen a lot of these YouTube videos where people are doing it completely wrong.
[01:55:41.120 --> 01:55:54.120] At least the, the, the idea is getting out there. It's becoming it's becoming mainstream. A lot of people are understanding that there's an inherent difference.
[01:55:54.120 --> 01:56:05.120] And even though they're, you know, they're not ninjas yet, you know, they're, they're, they, you know, they, they're just complete beginners. And they're trying to, you know, educate the officer on the side of the road.
[01:56:05.120 --> 01:56:18.120] Even, you know, potentially, you know, appearing to be escalating the situation, at least, at least a lot more people are aware that there's something going on here.
[01:56:18.120 --> 01:56:28.120] I'm going to have to tell you, I'm impressed with that. You know, I take these guys on, but heck, I've been doing this for 30 years.
[01:56:28.120 --> 01:56:36.120] Yeah, I know, I know what to do and what not to do. Three dislocated ribs, do broke and collar bones, chipped elbow and tooth knocked out.
[01:56:36.120 --> 01:56:41.120] I've learned all this stuff. So it's relatively easy for me.
[01:56:41.120 --> 01:56:52.120] But you, you get a guy that don't know squat and he gets out there and he stands up to these guys and that's hard.
[01:56:52.120 --> 01:57:00.120] And they got all my respect. I don't care if they're screwing it up. They're actually getting out there and doing something.
[01:57:00.120 --> 01:57:10.120] And the worst thing that for the officer, you know, on the video specifically that I'm talking about, the guy was, you know, I mean, yeah, he was,
[01:57:10.120 --> 01:57:22.120] it could be construed that he wasn't being exactly, he didn't just invoke and protect his rights and then shut up and keep shutting up and shutting up some more.
[01:57:22.120 --> 01:57:30.120] He tried to educate the officer on the side of the road and that was his ultimate downfall and his demise.
[01:57:30.120 --> 01:57:44.120] However, the very fact that this is becoming normal and that a lot more people understand that there's some sort of difference, even though they don't know, you know, the proper way to defend themselves.
[01:57:44.120 --> 01:57:58.120] You know, just because it's coming into the mainstream means that we're closer and closer to having fully informed juries of people who know that there's a difference between, you know, traveling and the Texans.
[01:57:58.120 --> 01:58:06.120] Texans using their own roadways for travel versus the commercial nexus of the transportation code.
[01:58:06.120 --> 01:58:15.120] And I think that ultimately I would count that as a win, even though the guy got his windshield broken out or, you know, his window broken out and all that stuff.
[01:58:15.120 --> 01:58:25.120] Well, you know, live and learn, you know, you just got to figure out the right way to remember to not educate the officer on the side of the road.
[01:58:25.120 --> 01:58:32.120] What they are doing is creating their own worst enemies.
[01:58:32.120 --> 01:58:35.120] They created me.
[01:58:35.120 --> 01:58:39.120] I had an officer stop me for a headlight out.
[01:58:39.120 --> 01:58:49.120] The law at the time said that you must have at least two lamps lighted to the front, one of which must be white.
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