ROL_2021-06-17_16k.timecode

[00:00.000 --> 00:07.000]  The following news flash is brought to you by The Lone Star Lowdown.
[00:30.000 --> 00:52.640]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.640 --> 00:57.960]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.960 --> 01:04.960]  the 10 and injuring 40 today in history.
[01:04.960 --> 01:09.640]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp into
[01:09.640 --> 01:14.440]  taxes law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.440 --> 01:18.280]  San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.280 --> 01:22.480]  new ones, since they are stipulating that they do not have the time or the laboratory
[01:22.480 --> 01:24.920]  equipment to test the herb for THC.
[01:24.920 --> 01:28.640]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.640 --> 01:33.240]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.240 --> 01:34.240]  law.
[01:34.240 --> 01:37.800]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.800 --> 01:42.280]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.280 --> 01:48.480]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.480 --> 01:51.400]  well as other cities too, like the District Attorney.
[01:51.400 --> 01:57.000]  In El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law
[01:57.000 --> 02:01.920]  quote will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.920 --> 02:06.920]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.920 --> 02:10.920]  in Harris County, who stated that quote, the law is constantly changing on what makes
[02:10.920 --> 02:13.640]  something illegal based on its chemical makeup.
[02:13.640 --> 02:17.520]  It's important that if someone is charged with something, the test matches what they're
[02:17.520 --> 02:22.760]  charged with.
[02:22.760 --> 02:27.400]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.400 --> 02:32.520]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.520 --> 02:38.160]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.160 --> 02:39.660]  Pacific Ocean.
[02:39.660 --> 02:43.960]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.960 --> 02:50.240]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.240 --> 03:16.380]  glow.
[03:20.240 --> 03:32.240]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:32.240 --> 03:38.240]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:38.240 --> 03:43.240]  When you were eight and you had that trade, you go to school and learn the gold and lose
[03:43.240 --> 03:46.240]  So why are you acting like a fluffy fool?
[03:46.240 --> 03:52.740]  They keep talkin' like they're bad boys
[03:52.740 --> 04:08.240]  Bad boys, bad boys, what you gonna do, what you gonna do, what you gonna do, what they come for you?
[04:08.240 --> 04:15.740]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:15.740 --> 04:26.580]  Okay, howdy, howdy, Randy Kelton, Brett Felton, and Will of Law Radio, I don't have Brett
[04:26.580 --> 04:34.460]  up yet, he was having some internet issues earlier, he may bring himself in shortly,
[04:34.460 --> 04:41.180]  I hope he does, because I wasn't able to, and I'm going to get in trouble for that.
[04:41.180 --> 04:52.580]  Okay, this is Thursday, the 17th day of June 2021, and I'll start with a little update on
[04:52.580 --> 05:03.980]  the lawsuit. This lawsuit against the state is kind of like chewing tough meat. The more
[05:03.980 --> 05:12.180]  I chew it, the bigger it seems to get. I'm up to 400 million at the moment, and I believe
[05:12.180 --> 05:22.860]  that's where it will top out. As I finish up the exhibits, the exhibits point at,
[05:22.860 --> 05:30.100]  what cost the exhibits are for the most part, criminal charges. As I write the criminal charges,
[05:30.100 --> 05:37.220]  they point at more that I have missed, and I just keep adding more and more. I thought
[05:37.220 --> 05:49.620]  35 would be the end of it, but the very facts themselves are pointing at even more complaints.
[05:49.620 --> 06:00.220]  In this case, I'm trying to demonstrate how, with one simple arrest, they arrested me,
[06:00.220 --> 06:07.620]  held me 26 hours, give me a minor bail of 500 bucks, and they released me. No big deal,
[06:07.620 --> 06:17.620]  right? Now, 400 million bucks later, and about 40 criminal charges against them, we're about
[06:17.620 --> 06:27.380]  to start through the courts. If you want to take on the system, you never have a problem
[06:27.380 --> 06:31.980]  getting complaints to file against them, and oh, by the way, I have turned the phone lines
[06:31.980 --> 06:41.300]  on. If you have a question or comment, give us a call or call in number, 512-646-1984.
[06:41.300 --> 06:51.420]  We'll be taking your calls all night. Until the call boards light up, I'll talk about
[06:51.420 --> 07:02.020]  what we're doing here. I've been in building this particular suit. I've been upgrading
[07:02.020 --> 07:13.060]  my technology on a systematic way of doing this. A very direct methodology is growing
[07:13.060 --> 07:19.220]  out of the process. When people call in and they have issues, generally the first thing
[07:19.220 --> 07:27.580]  I ask them for is a timeline. The timeline is nothing more than, this happened on this
[07:27.580 --> 07:32.020]  date, and then this date, and this date. At least this date and what happened on those
[07:32.020 --> 07:41.660]  dates. All that is is to give you a memory timeline, something to trigger memory, because
[07:41.660 --> 07:49.980]  once you write the first pass through, then you go back, go through it a second time,
[07:49.980 --> 07:56.740]  and you'll start remembering things that went in between. Once you have it pretty well filled
[07:56.740 --> 08:02.900]  up, and if you've been in the fight for quite a while, it can get rather extensive. This
[08:02.900 --> 08:10.500]  is a document that you should always keep updated. Every time something else comes up,
[08:10.500 --> 08:17.700]  make sure you get it in there, then you don't lose things to memory. Then once you have
[08:17.700 --> 08:22.660]  the timeline filled out, then you write a story about everything that happened. You
[08:22.660 --> 08:27.340]  tell the stories to people all the time, write it down. Write down the whole story from front
[08:27.340 --> 08:35.860]  to back. Now we look at that story and go through it and figure out, separate out the
[08:35.860 --> 08:47.060]  happenings and group them into various either criminal charges or civil claims or both.
[08:47.060 --> 08:58.540]  You start adding in the offenses or the causes of action or torts that relate to the specific
[08:58.540 --> 09:06.180]  fact sets. Once you have that fleshed out, then you go back on the Internet and start
[09:06.180 --> 09:12.700]  researching and doing your legal research. At each point, I always number all of these.
[09:12.700 --> 09:19.140]  I start looking for one issue, and when I find something that goes to that issue, I
[09:19.140 --> 09:27.700]  just put the hyperlink under the issue, this list of hyperlinks. When I'm looking at one
[09:27.700 --> 09:34.020]  issue, I always find case law and such that go to other associated issues. I'll go down
[09:34.020 --> 09:39.860]  there and put links to those. When you're doing legal research, you go through so many
[09:39.860 --> 09:46.900]  different documents and such, it can get really confusing and you can lose track of things.
[09:46.900 --> 09:52.740]  By loading them into your timeline where they go, when you come back to sort out all of
[09:52.740 --> 09:58.180]  your issues, you've got all your legal research right there where you want it. It will remind
[09:58.180 --> 10:04.040]  you because things you'll find issues you never thought about. You put a heading in
[10:04.040 --> 10:12.220]  for that issue and a link to it. The thing will start growing on its own. Once you have
[10:12.220 --> 10:24.260]  most of your research done on your story, then you turn your story into an argument
[10:24.260 --> 10:33.380]  in support of the facts. Once you have the argument in support done, then you start creating
[10:33.380 --> 10:37.580]  your causes of action and claims. If it's criminal, you start creating your criminal
[10:37.580 --> 10:45.060]  complaints. If it's civil, your causes of action. As you create the causes of action,
[10:45.060 --> 10:53.180]  you want to address those more from a civil perspective than a criminal perspective. They
[10:53.180 --> 11:02.900]  will point at issues you have probably missed in your points and authorities. As you build
[11:02.900 --> 11:09.980]  the causes of action and claims, you'll go back up and add more things to your points
[11:09.980 --> 11:17.740]  and authorities. When you're finished with both of those, then you go back and build
[11:17.740 --> 11:26.900]  a statement of facts. The process will, everything will build on every other step, so you're
[11:26.900 --> 11:36.180]  not redoing work. It's a straightforward process. It makes it relatively easy to follow.
[11:36.180 --> 11:40.580]  Call boards are filling up, so I'm going to go ahead and go to the call boards. We're
[11:40.580 --> 11:46.260]  going to Mary in Texas. Mary, what have you been up to?
[11:46.260 --> 12:00.260]  Well, you know who I like? Me? No. Oh, gosh. I like Tom Kiley. I like his sexy New York
[12:00.260 --> 12:07.620]  outfit. Oh, he did an archive tonight. It seemed as one of his computers were down and
[12:07.620 --> 12:15.980]  the wife had his business Zoom call, so she threw him out of the house. I love him. He's
[12:15.980 --> 12:23.700]  always been great. Sean Siegel is really good with their vaccine. I just finished watching
[12:23.700 --> 12:29.700]  Treasure Island. Boy, that's a good movie. It has a moral to it, too.
[12:29.700 --> 12:37.300]  A later version or the old version? It's the old one, but they remade it in 2011 with
[12:37.300 --> 12:43.660]  Eliza Woods and Donald Sutterland. It's just really nice, really, really good. The captain,
[12:43.660 --> 12:49.820]  the businessman, the young kid, the pirate. Robert Louis Stevenson was one of my favorite
[12:49.820 --> 12:57.660]  writers, but Treasure Island wasn't my favorite work of his. He has some others that are somewhat
[12:57.660 --> 13:09.900]  prosaic, but they are interesting exercises in use of the English language. He was absolutely
[13:09.900 --> 13:20.540]  a master. Very good. Well, you saw it. I got something in the mail. It has my name and
[13:20.540 --> 13:27.340]  address on it, and it's beautiful feels. The State Bar of Texas created in 1939, personal
[13:27.340 --> 13:34.060]  and confidential. Have you opened it yet? No, I'm going to open it on air and see. It's
[13:34.060 --> 13:38.580]  real thick. I don't know. It feels like it's going to be five pages of documents. I'm just
[13:38.580 --> 13:43.860]  real excited. Maybe it has to do with that ADA who was intimidating you and decadered
[13:43.860 --> 13:49.580]  at the White County Court. It's confidential. I don't know. Maybe I can't read it on the
[13:49.580 --> 13:59.580]  radio. Oh, the State Bar Association forbids an attorney to mention anything about a bar
[13:59.580 --> 14:06.380]  grievance, but you're not a member of the bar. They can't tell you to do anything. No,
[14:06.380 --> 14:14.060]  I am not. Okay. I've got five pages from the Office of Discipline and Accounts of
[14:14.060 --> 14:19.700]  State for a Pregnancy with Discipline and Accounts of Lawyers, Patrick, Dan, and Barry,
[14:19.700 --> 14:23.100]  Lawyers License, Texas. They're governed by the Texas Disciplinary Rules of Professional
[14:23.100 --> 14:27.140]  Conduct, and they only do discipline when their conduct is in violation of one or more
[14:27.140 --> 14:32.140]  disciplinary rules and grievances received. That's the Office of National Review to determine
[14:32.140 --> 14:37.340]  whether the alleged conduct would be a violation of the ethics rules. If the conduct does not
[14:37.340 --> 14:42.100]  allege a violation, the grievance is classified as an inquiry and dismissed with the right
[14:42.100 --> 14:47.780]  to appeal the dismissal. If the conduct alleges a violation, the grievance is classified as
[14:47.780 --> 14:54.020]  a complaint and investigated. We have concluded that the conduct you described is not a violation
[14:54.020 --> 14:58.620]  of disciplinary rules. That's your grievance has been classified as an inquiry and dismissed.
[14:58.620 --> 15:03.660]  If you're alive for any of these reasons, you may choose one of the following two options.
[15:03.660 --> 15:10.620]  I'm in your grievance for appeal the decision and excessive wording, and then it looks right
[15:10.620 --> 15:16.620]  out of question. And then I have some paper, about five to six bond appeal form. I want
[15:16.620 --> 15:22.460]  to appeal the dismissal of the food I put aboard, the disciplinary act on the board
[15:22.460 --> 15:28.980]  of Disciplinary Appeals, called BOTA. BOTA, a field form, Board of Disciplinary Appeals.
[15:28.980 --> 15:34.180]  BOTA is a prolet body and will independently review your complaint. It is not part of the
[15:34.180 --> 15:39.460]  state bar of questions. With the office, it seems to be too many counsels. Return us
[15:39.460 --> 15:43.460]  within 30 days. What are you saying?
[15:43.460 --> 15:48.460]  I've got, I got 35 of those very recently.
[15:48.460 --> 16:01.460]  And one of them, sometimes serendipity steps in. I was putting together these bar grievances,
[16:01.460 --> 16:09.980]  and I'm grieving lawyers who were court appointed counsel. And they did not file a motion to
[16:09.980 --> 16:20.700]  dismiss for lack of a 16.17 order in the record. So I charged them with malpractice, failing
[16:20.700 --> 16:27.700]  to adequately adjudicate their clients' claims. And since they were being paid by the state,
[16:27.700 --> 16:34.700]  they were on my back. But I filed them against the law and law.
[16:34.700 --> 16:41.700]  I've got to have a look inside. I was putting together these bar grievances, and I'm grieving
[16:41.700 --> 16:46.700]  lawyers who were court appointed counsel. I think it's going wrong. And they did not file
[16:46.700 --> 16:49.700]  a motion to dismiss. Mary, do you have your file?
[16:49.700 --> 16:55.700]  16.17 order in the record. So I charged them with malpractice.
[16:55.700 --> 16:59.700]  I am getting feedback. Hang on. We'll be right back.
[16:59.700 --> 17:09.700]  It's the 2019 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas
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[18:04.700 --> 18:10.700]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:10.700 --> 18:16.700]  Our goal is in accord with Matthew 516. Let your light so shine before men that they may
[18:16.700 --> 18:22.700]  see your good works and glorify your Father which is in heaven. We wish to reflect God's
[18:22.700 --> 18:27.700]  light and be a blessing to all those with a hearing ear. Join Nana and guests for both
[18:27.700 --> 18:32.700]  verse by verse Bible studies and topical Bible studies designed to provoke unto love
[18:32.700 --> 18:38.700]  and good works. Our verse by verse Bible studies will begin in the book of Matthew where we
[18:38.700 --> 18:43.700]  will discuss one chapter per week. Our topical Bible studies will vary each week and will
[18:43.700 --> 18:48.700]  explore sound doctrine as well as Christian character development. So mark your calendar
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[18:56.700 --> 19:22.700]  inspiring and motivating discussion of the Scriptures.
[19:22.700 --> 19:29.700]  Thank you very much for watching.
[19:52.700 --> 19:59.700]  Thank you very much.
[20:22.700 --> 20:29.700]  So yeah I filed about 35 of those and one of them, when I was looking them up in the
[20:29.700 --> 20:37.700]  where their counsel was appointed, they, in some of them they didn't have a bar card number.
[20:37.700 --> 20:43.700]  So I tried to look up the lawyer and one of them I found three lawyers with the same name,
[20:43.700 --> 20:54.700]  one in Dallas. Excuse me. You might need a little bit more schnapps. Yeah, that might fix it.
[20:54.700 --> 21:06.700]  And some medication. The best medication is in a, in a tincture. Preferably 60 proof.
[21:06.700 --> 21:14.700]  Yes, I'm having some issues ever since I got that spider bite. I've had an issue. It's not clearing out.
[21:14.700 --> 21:16.700]  It was in jail.
[21:16.700 --> 21:24.700]  But yeah, in jail. But anyway, there were three of them. One of them was actually in Decatur
[21:24.700 --> 21:32.700]  in the town, this, while this occurred. One of them was in Dallas, one of them was in Fort Worth.
[21:32.700 --> 21:38.700]  And I'm sorry, Brett, can you pick up?
[21:38.700 --> 21:48.700]  Yes, sure. So, so Mary, what was on your mind this evening? You had, you were wondering about this
[21:48.700 --> 21:54.700]  bar grievance, whether or not it was, you should do the appeal. Is that, that what you're kind of wondering about there?
[21:54.700 --> 22:02.700]  I know you were warning me. I needed to cite things, you know, because I just wrote a narrative of what happened when the
[22:02.700 --> 22:08.700]  ADA and Decatur was saying he wanted Randy out of the courthouse, he was yelling at the Bay West,
[22:08.700 --> 22:14.700]  who had damaged Randy's fire years ago, I believe, and he was trying to suppress it.
[22:14.700 --> 22:19.700]  And the various artists that sit in the side room, this is about a month ago, and see if the grand jury
[22:19.700 --> 22:24.700]  had any questions on some of Randy's complaints about the ADA's boss.
[22:24.700 --> 22:34.700]  And so, Randy, they had the ADA courthouse, and it was, they looked at, sure, you may sit in the side room here, you know.
[22:34.700 --> 22:39.700]  And so, Randy went and took part in the ADA, and he told the court that we were there, and he was very
[22:39.700 --> 22:46.700]  having questions for him, he'd be happy to answer. And so, we sat in the side room, dressed really nice after
[22:46.700 --> 22:52.700]  some breakfast, and just chatted. And he went and let the ADA know we were in there or something, and then he came
[22:52.700 --> 22:57.700]  onto the hallway, I was sitting in the room, and started yelling at the Bay West, basically.
[22:57.700 --> 23:02.700]  And I don't know, Randy and him were talking in the hallway, and then the Bay West came because they were talking so loud,
[23:02.700 --> 23:06.700]  and then Randy said, this guy's, you know, being aggressive, calm him down.
[23:06.700 --> 23:11.700]  And I was like, well, gosh, I better start taking notes now, this is getting a little crazy, you know.
[23:11.700 --> 23:18.700]  And I didn't have any recording devices because I was a little scared being off or out of my counting and whatnot.
[23:18.700 --> 23:24.700]  So, you know, I just took a note and filed a complaint about this guy harassing and intimidating Randy,
[23:24.700 --> 23:27.700]  and even after we sat down, and the Bay West said he's not going anywhere.
[23:27.700 --> 23:35.700]  Like, insinuation, I know this guy, I know he's right, and he's not leaving, the ADA, and he said it in three words,
[23:35.700 --> 23:41.700]  oh, he's not going anywhere. Like, you know, I talked to the hand, this guy is...
[23:41.700 --> 23:45.700]  And then the Bay West said, if he goes and bothers the grand jury, I want you to throw him out.
[23:45.700 --> 23:50.700]  I do not want him walking around here, and I don't want him bringing this crap in here.
[23:50.700 --> 23:54.700]  So, the crowd was just hearing the criminal complaints about the DNA. He's dead.
[23:54.700 --> 24:01.700]  And so, I wrote a little, you know, four slides from this narrative in the library and sent it off.
[24:01.700 --> 24:10.700]  I didn't cite anything. I just wrote a narrative, and they rejected it, basically, to exactly what I told you.
[24:10.700 --> 24:24.700]  Okay. I would just encourage you that the very fact that you submitted something had the same effect as the best effect you could hope for.
[24:24.700 --> 24:25.700]  Okay.
[24:25.700 --> 24:34.700]  So, when you cite something, that gives you the opportunity to then come back in your current situation,
[24:34.700 --> 24:42.700]  and if you wanted to, you could bar grieve the attorney who told you that because you were very clear in the first one,
[24:42.700 --> 24:48.700]  and said he violated rule number, whatever, 3.09 subsection B, and you quoted it right there.
[24:48.700 --> 24:58.700]  So then, it would be incompetence on the part of the attorney who sent you this cookie-cutter letter telling you we've investigated ourselves and found no wrongdoing,
[24:58.700 --> 25:03.700]  because you just told him what rule was violated.
[25:03.700 --> 25:14.700]  And in their rules, they have, in the Texas Rules of Disciplinary Procedure, they have rule 2.10, which tells them that they have to classify these things properly.
[25:14.700 --> 25:21.700]  And in rule 1.06, they have definitions.
[25:21.700 --> 25:23.700]  What's a complaint and what's an inquiry?
[25:23.700 --> 25:29.700]  And if you allege a violation of a rule, that's a complaint. It's not an inquiry.
[25:29.700 --> 25:38.700]  So they've been, whoever sent you that letter just demonstrated incompetence in their own job.
[25:38.700 --> 25:45.700]  So you can turn around and bar grieve that person for rule 1.01, incompetence.
[25:45.700 --> 25:58.700]  But if you didn't cite any law, well, it's up to them to say whether or not your narrative was actually alleging a rule's violation.
[25:58.700 --> 26:00.700]  See the difference? See what I mean?
[26:00.700 --> 26:03.700]  No, I don't, but I hear you.
[26:03.700 --> 26:13.700]  Oh, well, if you tell them a narrative but you don't necessarily point to a rule that was violated, then that gives them a little bit more leeway.
[26:13.700 --> 26:14.700]  But it's okay.
[26:14.700 --> 26:28.700]  What I'm concerned about, and what I'm concerned about in this document, is apparently it's clearly something is going to go to another board that is outside of this type of state bar.
[26:28.700 --> 26:33.700]  Yeah, the B-O-D-A, that's an appeal procedure for this.
[26:33.700 --> 26:39.700]  I personally don't think it does anything. Randy, do you know if that has any effect at all?
[26:39.700 --> 26:42.700]  I have never had it have any effect.
[26:42.700 --> 26:48.700]  I've seen a few of them, but I don't think anything's ever happened with it.
[26:48.700 --> 26:57.700]  But you had the effect, Mary. The fact that you sent in the letter and you put that each bar number on there, it rings its bell, regardless.
[26:57.700 --> 27:08.700]  Yeah, I found 35 bar grievances. I got back 35 of those letters and laughed while I threw them in the trash.
[27:08.700 --> 27:15.700]  Yeah, because this is another letter proving I'm an incompetent, ignorant, non-important peon.
[27:15.700 --> 27:17.700]  That's what this letter says to me.
[27:17.700 --> 27:27.700]  I dressed up, I went to the law library at the Capitol, I spent time writing the stamp thing, copying the stamp thing, and then this letter said, you're a robot.
[27:27.700 --> 27:36.700]  That's what it says in that document. We don't care that that ADA was intimidating and harassing your good friend.
[27:36.700 --> 27:39.700]  He only crafted, Mary.
[27:39.700 --> 27:52.700]  I thought he was intimidating. Part of why he was so angry is I told him two or three times to calm yourself down, and when he wouldn't, I told him, I'm done with you, you're dismissed.
[27:52.700 --> 27:57.700]  That kind of put him over the edge.
[27:57.700 --> 28:02.700]  He's used to dealing with the kids in the high school parking lot.
[28:02.700 --> 28:07.700]  They might be impressed with a little huffing and puffing.
[28:07.700 --> 28:09.700]  Not.
[28:09.700 --> 28:16.700]  Hurt you and hurt you ashamed that you might have damaged his ego and his id.
[28:16.700 --> 28:21.700]  Yeah, I was afraid I might have heard his poor little feelings, and I feel real bad about that.
[28:21.700 --> 28:28.700]  I felt bad about that for two minutes, at least.
[28:28.700 --> 28:36.700]  But the fact that Mary was there, my bargue events, they would have expected.
[28:36.700 --> 28:41.700]  But not from a witness.
[28:41.700 --> 28:47.700]  And I have to tell you, I thoroughly enjoyed that.
[28:47.700 --> 28:54.700]  I enjoyed him yelling at me.
[28:54.700 --> 28:58.700]  Because I knew how foolish he looked.
[28:58.700 --> 29:01.700]  He knew how foolish he looked.
[29:01.700 --> 29:07.700]  And he knew that I knew, and he just couldn't help himself.
[29:07.700 --> 29:11.700]  He is so used to abusing people.
[29:11.700 --> 29:23.700]  And today, I wrote up an accusation against his boss, accusing him of orchestrating this ongoing criminal conspiracy
[29:23.700 --> 29:32.700]  to give him the opportunity to do just exactly that to everyone who gets accused of crime.
[29:32.700 --> 29:39.700]  If he's doing this to you, to acknowledge the goal and network, what's he doing to people that have no resources?
[29:39.700 --> 29:43.700]  Yes, it's absolutely unacceptable.
[29:43.700 --> 29:49.700]  Hang on, we're going to help Brett Fountain, we'll leave our radio, I'll call in number.
[29:49.700 --> 29:56.700]  No, we've got a full board of callers, so when Mary drops off, we'll have one open, give us a call then.
[29:56.700 --> 30:00.700]  We'll be right back.
[30:00.700 --> 30:06.700]  Businesses ask you for a lot of personal information, and you may trust them to keep it safe.
[30:06.700 --> 30:11.700]  But it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.700 --> 30:15.700]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[30:15.700 --> 30:20.700]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:20.700 --> 30:25.700]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.700 --> 30:30.700]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.700 --> 30:33.700]  Privacy, it's worth hanging on to.
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[30:54.700 --> 31:03.700]  It's not an idle question. According to a recent survey, a shocking 90% of U.S. companies admit their security was breached by hackers in the last year.
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[31:21.700 --> 31:44.700]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:51.700 --> 31:58.700]  There is more to the story. Bring justice to my son, my uncle, my nephew, my son. Go to buildingwatch.org.
[31:58.700 --> 32:26.700]  And tell why it matters and what you can do.
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[33:01.700 --> 33:11.700]  Live free speech radio, logosradionetwork.com.
[33:11.700 --> 33:22.700]  This is the office I've been taking the longest. I want you to follow the law of the land.
[33:22.700 --> 33:51.700]  I don't like to stand. The job is to take a service that's being out of use. How to decide?
[33:51.700 --> 33:57.700]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio. I apologize for that voice issue.
[33:57.700 --> 34:05.700]  I'm trying to get it cleared out, but whatever it is, it hasn't let me alone quite yet.
[34:05.700 --> 34:19.700]  Cough drop helped a whole lot. It causes me not to. It's as if fluid leaks back into the esophageal airway, causing me to start coughing and choking.
[34:19.700 --> 34:26.700]  I'm thinking that valve is leaking a little bit. When you get old, stuff starts to break down.
[34:26.700 --> 34:32.700]  I'll deal with it. Okay, Mary, do you have anything else for us today?
[34:32.700 --> 34:49.700]  You need more college and more A's, like Dr. Wollick would say. This is easy. I just will make two more statements. People, friends of Rule of Law Radio, start a pack, start a church, go to the Republican Party meetings,
[34:49.700 --> 35:02.700]  run for office, run for judge, start a newspaper. A church? We could start a church. The gospel according to Randy. What do you think, Brett?
[35:02.700 --> 35:13.700]  Do you mind if I send powers? Yeah, I think that would be something. And what's in the offering plate?
[35:13.700 --> 35:20.700]  Oh, that's... We get an offering plate about Randy's tooth. Yeah, exactly.
[35:20.700 --> 35:28.700]  Well, I just have some advice for somebody who has a home group church. And so they all just need at home. And they spread out that way.
[35:28.700 --> 35:33.700]  He gave me advice today on how to start a park. So I'm going to be welcome on that this and next week.
[35:33.700 --> 35:43.700]  But by next week or so, I could have my pack licensed and everything. And I'm planning on having weekly events after talking with this fella.
[35:43.700 --> 35:53.700]  I'm going to have weekly events with Austin. And I do want to travel to Dallas and Antonio and Houston and the Panhandle as well.
[35:53.700 --> 36:07.700]  Let me tell you a little bit about Mary. Mary is a networker. Everyone in Austin, who is anyone, knows Mary.
[36:07.700 --> 36:20.700]  She gets around. She knows everyone. She's good people to have on your side. Besides being six foot tall and a black football karate, you don't want her on the other side.
[36:20.700 --> 36:29.700]  It's a white belt, Randy, but I think it's black. But I want to say one thing about the witness.
[36:29.700 --> 36:38.700]  When I got to help you deliver a document about the governor, you know, we went into all these courts and, you know, you guys, all the courts have been closed.
[36:38.700 --> 36:43.700]  Even our city hall, and Austin's been closed. So we go and we go to this office, this building, this...
[36:43.700 --> 36:50.700]  I said, are everyone closed? Closed, closed, closed. And the day was in front of the Travis County Court, and Austin said, why are y'all here?
[36:50.700 --> 36:55.700]  What are you doing here? There's seven of them guys sitting on their pretend where the whole thing was closed.
[36:55.700 --> 37:03.700]  Two of the older men, 500 kids. The 500 kids were behind the entry where they searched you and stuff.
[37:03.700 --> 37:07.700]  And the other two were sitting on kind of a little pole in the back.
[37:07.700 --> 37:14.700]  Well, I think they might have remembered us. And they asked you and you said, why are you here to do this, this and that and that?
[37:14.700 --> 37:20.700]  You know, and you were seeing yourself a couple of times. Why are you here to do this and that? Are they expressing you now?
[37:20.700 --> 37:27.700]  You know, and then they say, well, who are you, lady? You know? Well, I'm his fan. I'm his fan.
[37:27.700 --> 37:31.700]  You know, because I never did my name out to be the attorney or whatever. Who are you? Who are you?
[37:31.700 --> 37:37.700]  I'm a working person, just like this. They don't, they want to know. And I tried to do it very appropriately.
[37:37.700 --> 37:43.700]  You don't have to come good will. And then finally, I looked at them after they questioned me two or three times.
[37:43.700 --> 37:53.700]  I said, I'm a, I'm a, I'm a witness. And boy, they all stood up a little straighter. They don't like that word, I guess.
[37:53.700 --> 38:02.700]  Yeah, that one got a little bit exciting. The guy was giving me, telling me I was going to have to tell him what my business was.
[38:02.700 --> 38:11.700]  I told him there's none of his. And he got kind of excited and I asked him if he was going to arrest me and stuck out my arms and said,
[38:11.700 --> 38:14.700]  here, get your cuffs out, bad boy. Just stick them on there.
[38:14.700 --> 38:19.700]  Well, I was at the right. I ran out four. I was standing there.
[38:19.700 --> 38:28.700]  And this big guy stepped in between us, had ink all over him, but it looked like military to me.
[38:28.700 --> 38:34.700]  And he stepped between us with his back to this, this officer who was getting excited.
[38:34.700 --> 38:41.700]  And he apologized to me and he said, Mr. Keller, we're not trying to be difficult.
[38:41.700 --> 38:46.700]  We just have to keep social distancing so we can't let too many people in at one time.
[38:46.700 --> 38:52.700]  So we're just trying to keep things organized and trying to make sure that one section of the courthouse doesn't get crowded.
[38:52.700 --> 38:59.700]  And he said, I'm not trying to interfere with your business, but if you will tell me where you want to go,
[38:59.700 --> 39:04.700]  then I can tell you if you have to wait until it clears out or if you can go right away.
[39:04.700 --> 39:08.700]  And I said, well, great, I have some criminal complaints for the prosecutor's attorney.
[39:08.700 --> 39:12.700]  And he said, oh, well, he's crossed the way. They built him a new business, building.
[39:12.700 --> 39:20.700]  Oh, okay. And then with all these other guys, they had grabbed the first guy and drug him back.
[39:20.700 --> 39:25.700]  And they're all watching and I turned to them and I said, this guy handled me really well.
[39:25.700 --> 39:31.700]  And I'd like to be handled well. You could learn from him.
[39:31.700 --> 39:35.700]  And then we went across to the DA's office.
[39:35.700 --> 39:39.700]  And don't you know that fella heard it from the rest of them after you were out at your shop?
[39:39.700 --> 39:43.700]  Hey, I just saved your hide.
[39:43.700 --> 39:50.700]  Absolutely. Because he recognized when I stuck my wrist out there, he got it.
[39:50.700 --> 39:54.700]  He said, this guy is setting us up.
[39:54.700 --> 39:58.700]  But he, you know, I acquainted that as military bearing.
[39:58.700 --> 40:02.700]  And Brett and I talked about that on the break.
[40:02.700 --> 40:06.700]  This guy just looked like he was ex-military.
[40:06.700 --> 40:13.700]  And in the military, you don't get to have attitude.
[40:13.700 --> 40:17.700]  You may have one, but you better not bring it on the base with you.
[40:17.700 --> 40:21.700]  Because someone will help you with that attitude.
[40:21.700 --> 40:30.700]  So no matter how much someone provokes you, you just do not have the option of losing your professional demeanor.
[40:30.700 --> 40:39.700]  Because when you do, someone much higher in rank than you is going to introduce you to professional demeanor.
[40:39.700 --> 40:41.700]  It's not like the police department.
[40:41.700 --> 40:44.700]  And when I was in combat, we had rules.
[40:44.700 --> 40:50.700]  It didn't matter if we were frightened. It didn't matter if we were cranked up on adrenaline.
[40:50.700 --> 40:52.700]  We followed those rules.
[40:52.700 --> 40:59.700]  The police, they have more weapons on them than I had in combat.
[40:59.700 --> 41:03.700]  But they don't have discipline.
[41:03.700 --> 41:06.700]  This guy had the discipline.
[41:06.700 --> 41:08.700]  I told the others, you know, I appreciated this guy.
[41:08.700 --> 41:10.700]  This is how I like to be handled.
[41:10.700 --> 41:12.700]  And I did.
[41:12.700 --> 41:15.700]  He diffused the situation very quickly.
[41:15.700 --> 41:20.700]  With him, things are not going to become a problem unless they really are a problem.
[41:20.700 --> 41:27.700]  And just from looking at him and his demeanor told me, if you really become a problem,
[41:27.700 --> 41:30.700]  this guy will handle that problem.
[41:30.700 --> 41:33.700]  And you won't like it.
[41:33.700 --> 41:37.700]  The kind of guy I like to be in a foxhole with.
[41:37.700 --> 41:42.700]  Well, I went back in there to get that guy's name who was rude to you, the Caucasian guy.
[41:42.700 --> 41:45.700]  And that's a Spanish man that handled you real nicely.
[41:45.700 --> 41:46.700]  He wouldn't give it to me.
[41:46.700 --> 41:48.700]  He'd be like, oh, no, that was me. That was me.
[41:48.700 --> 41:49.700]  I said, what about the other guy?
[41:49.700 --> 41:50.700]  Oh, no, that was me.
[41:50.700 --> 41:52.700]  He protected that other guy's name.
[41:52.700 --> 41:57.700]  And just so everybody knows, before we went into this building, because we went about three of them,
[41:57.700 --> 42:01.700]  the state, the court, the county court, and maybe a couple others.
[42:01.700 --> 42:03.700]  And we're passed in the capital.
[42:03.700 --> 42:05.700]  There's some firefighters.
[42:05.700 --> 42:08.700]  Those firefighters nearly Randy was.
[42:08.700 --> 42:10.700]  And Austin.
[42:10.700 --> 42:16.700]  So, I mean, it was interesting because they didn't necessarily look like us to say.
[42:16.700 --> 42:23.700]  I mean, some young, you know, really upbeat firefighters knew about Randy.
[42:23.700 --> 42:25.700]  And we had a long talk with them.
[42:25.700 --> 42:28.700]  It's like an honor to be walking with you, Randy.
[42:28.700 --> 42:31.700]  Yeah, that was nice to hear.
[42:31.700 --> 42:36.700]  We do this radio station and Brett and I, we talk to a microphone.
[42:36.700 --> 42:40.700]  We don't get a lot of direct feedback.
[42:40.700 --> 42:44.700]  So it's nice on occasion to be recognized.
[42:44.700 --> 42:45.700]  Well, God bless you all.
[42:45.700 --> 42:46.700]  Thank you, Brett.
[42:46.700 --> 42:47.700]  I'll talk to you later.
[42:47.700 --> 42:48.700]  Everyone get on the line.
[42:48.700 --> 42:50.700]  Go to your Republican Party.
[42:50.700 --> 42:51.700]  Start a church.
[42:51.700 --> 42:52.700]  Do something, guys.
[42:52.700 --> 42:53.700]  Do something.
[42:53.700 --> 42:54.700]  Go plant some plants.
[42:54.700 --> 42:55.700]  Okay.
[42:55.700 --> 42:56.700]  Do something.
[42:56.700 --> 42:57.700]  Okay.
[42:57.700 --> 42:58.700]  Thank you, Mary.
[42:58.700 --> 42:59.700]  Thanks.
[42:59.700 --> 43:00.700]  Okay.
[43:00.700 --> 43:02.700]  Now we have what looks like a new caller.
[43:02.700 --> 43:10.700]  If you are in the 401 area code, talk to us.
[43:10.700 --> 43:11.700]  That's me.
[43:11.700 --> 43:12.700]  Hi.
[43:12.700 --> 43:18.700]  Okay, give us a first name and a state.
[43:18.700 --> 43:21.700]  My name is Megan and I'm from Rhode Island.
[43:21.700 --> 43:22.700]  Okay.
[43:22.700 --> 43:24.700]  Megan from Rhode Island.
[43:24.700 --> 43:26.700]  What do you have for us?
[43:26.700 --> 43:27.700]  Oh, wait.
[43:27.700 --> 43:29.700]  We only have about 30 seconds.
[43:29.700 --> 43:32.700]  So we'll pick this up on the other side.
[43:32.700 --> 43:35.700]  This is Randy Calton, Brett Fountain.
[43:35.700 --> 43:38.700]  We have one phone line open.
[43:38.700 --> 43:41.700]  So if you have a question or a comment, give us a call.
[43:41.700 --> 43:46.700]  Our call in number 512-646-1984.
[43:46.700 --> 43:49.700]  We will be taking your calls all night.
[43:49.700 --> 43:50.700]  Hang on.
[43:50.700 --> 44:19.700]  We'll be right back.
[44:20.700 --> 44:21.700]  Hi.
[44:21.700 --> 44:22.700]  How can I help logos?
[44:22.700 --> 44:23.700]  Well, I'm glad you asked.
[44:23.700 --> 44:26.700]  Whenever you order anything from Amazon, you can help logos.
[44:26.700 --> 44:29.700]  You can order them in your supplies or holiday gifts.
[44:29.700 --> 44:31.700]  First thing you do is clear your cookies.
[44:31.700 --> 44:34.700]  Now go to logosreguledetwork.com.
[44:34.700 --> 44:37.700]  Click on the Amazon logo and book market.
[44:37.700 --> 44:43.700]  Now when you order anything from Amazon, you use that link and logos gets a few pesos.
[44:43.700 --> 44:44.700]  Do I pay extra?
[44:44.700 --> 44:45.700]  No.
[44:45.700 --> 44:47.700]  Do you have to do anything different when I order?
[44:47.700 --> 44:48.700]  No.
[44:48.700 --> 44:49.700]  Can I use my Amazon Prime?
[44:49.700 --> 44:50.700]  No.
[44:50.700 --> 44:51.700]  I mean, yes.
[44:51.700 --> 44:52.700]  Wow.
[44:52.700 --> 44:54.700]  Giving without doing anything or spending any money.
[44:54.700 --> 44:55.700]  This is perfect.
[44:55.700 --> 44:56.700]  Thank you so much.
[44:56.700 --> 44:58.700]  We are welcome.
[44:58.700 --> 45:00.700]  Happy holidays, logos.
[45:00.700 --> 45:04.700]  Are you the plaintiff or defendant in a lawsuit?
[45:04.700 --> 45:07.700]  Win your case without an attorney with Jurisdictionary.
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[45:49.700 --> 45:52.700]  prosa tactics, and much more.
[45:52.700 --> 45:56.700]  Please visit ruleoflawradio.com and click on the banner.
[45:56.700 --> 46:13.700]  Or call toll-free 866-LAW-E-Z.
[46:13.700 --> 46:30.700]  If you need not have any problems or where you want to go for one, if you could not wait any back too long,
[46:30.700 --> 46:55.700]  you can call toll-free 866-LAW-E-Z.
[46:55.700 --> 47:02.700]  Okay, we are back and I was busy talking on the break.
[47:02.700 --> 47:05.700]  So we've got Megan in Rhode Island.
[47:05.700 --> 47:07.700]  I don't know how I could have lost Megan.
[47:07.700 --> 47:12.700]  I remember from Rhode Island, I'm sorry Megan, I'm getting old.
[47:12.700 --> 47:18.700]  My board generally shows me the name and state, but we don't have you in the database yet.
[47:18.700 --> 47:19.700]  You're in the database.
[47:19.700 --> 47:24.700]  Yeah, it's in now, but we'll have to reset it before I'll actually see it.
[47:24.700 --> 47:25.700]  This is the smallest state.
[47:25.700 --> 47:29.700]  Everybody thinks it's part of New York, so hey.
[47:29.700 --> 47:34.700]  Okay, it's that little bump on the side of New York.
[47:34.700 --> 47:37.700]  What do you have for us today?
[47:37.700 --> 47:41.700]  Okay, so Randy, it is so nice to finally talk to you.
[47:41.700 --> 47:44.700]  I've talked to Brett a few times in regards to some traffic issues,
[47:44.700 --> 47:51.700]  but I had a question in regards to real estate.
[47:51.700 --> 47:56.700]  More specifically, like a situation of landlord tenant stuff,
[47:56.700 --> 48:01.700]  which I've looked through my own state landlord tenant handbook,
[48:01.700 --> 48:06.700]  but I can't find the answers there.
[48:06.700 --> 48:09.700]  Basically, my mother owns my house.
[48:09.700 --> 48:12.700]  I've lived there for 15 years, and now she recently...
[48:12.700 --> 48:16.700]  Sorry if you can hear my cat wanting in the background.
[48:16.700 --> 48:21.700]  She recently signed a lease with a friend of mine,
[48:21.700 --> 48:28.700]  and they've come up with this agreement to renovate the house.
[48:28.700 --> 48:33.700]  And now, even though I'm not anywhere mentioned in the lease,
[48:33.700 --> 48:36.700]  they've just tossed me out.
[48:36.700 --> 48:39.700]  What is my recourse, if any?
[48:39.700 --> 48:41.700]  You don't have any.
[48:41.700 --> 48:47.700]  My mother's house is your mother alive?
[48:47.700 --> 48:49.700]  Yes.
[48:49.700 --> 48:51.700]  You have no claim?
[48:51.700 --> 48:56.700]  All my stuff is still there.
[48:56.700 --> 48:59.700]  That doesn't give you legal claim.
[48:59.700 --> 49:07.700]  So, like, I don't know, like...
[49:07.700 --> 49:10.700]  I wish I could tell you different, but...
[49:10.700 --> 49:12.700]  Is there some kind of eviction process?
[49:12.700 --> 49:15.700]  Like, does she have any 90 days or 30 days or something like that
[49:15.700 --> 49:18.700]  where she can make a transition?
[49:18.700 --> 49:20.700]  Oh, wait, wait, let me...
[49:20.700 --> 49:22.700]  Maybe I missed something.
[49:22.700 --> 49:25.700]  Are you living in the house?
[49:25.700 --> 49:28.700]  I have for the last 15 years.
[49:28.700 --> 49:31.700]  Oh.
[49:31.700 --> 49:35.700]  Your mom has decided to do something else with it.
[49:35.700 --> 49:37.700]  Correct.
[49:37.700 --> 49:40.700]  This is difficult because it's your mom.
[49:40.700 --> 49:42.700]  Yeah, that's... I know.
[49:42.700 --> 49:45.700]  Your mom could legally have you evicted.
[49:45.700 --> 49:53.700]  You could force her to evict you, but that would really, really suck.
[49:53.700 --> 49:57.700]  And that would have ramifications for the rest of your life.
[49:57.700 --> 49:59.700]  Do you have...?
[49:59.700 --> 50:05.700]  My mother, I was thrown out by the tenant who lives there now.
[50:05.700 --> 50:13.700]  Well, if the tenant has a lease, the tenant has legal possession.
[50:13.700 --> 50:15.700]  Okay.
[50:15.700 --> 50:20.700]  Is there anything in the lease giving you standing?
[50:20.700 --> 50:23.700]  There's nothing about me in the lease.
[50:23.700 --> 50:28.700]  And... you have no standing.
[50:28.700 --> 50:30.700]  That's kind of what I thought.
[50:30.700 --> 50:36.700]  Even though there was no notice or anything, I guess I'd have to take my mother to court, right?
[50:36.700 --> 50:40.700]  Yes.
[50:40.700 --> 50:43.700]  And that would really, that wouldn't suck.
[50:43.700 --> 50:45.700]  Well, I mean, here's the thing.
[50:45.700 --> 50:49.700]  Given that I still have property there, I think I have to take both of them to court.
[50:49.700 --> 50:54.700]  Because now my property that's there is being messed with.
[50:54.700 --> 50:56.700]  I was not given the time to take it.
[50:56.700 --> 51:10.700]  Again, you can file with the local justice court for a court order to require them to allow you to secure your property.
[51:10.700 --> 51:14.700]  Okay.
[51:14.700 --> 51:17.700]  That would be easy enough to do.
[51:17.700 --> 51:18.700]  Okay.
[51:18.700 --> 51:29.700]  I would probably want you to go with a bailiff or a constable to make sure there's no issue between the lessor and you.
[51:29.700 --> 51:30.700]  Right.
[51:30.700 --> 51:34.700]  But you might talk to a lawyer.
[51:34.700 --> 51:44.700]  Different states have different laws concerning possession.
[51:44.700 --> 51:47.700]  You had possession of it.
[51:47.700 --> 51:57.700]  And your mother would have had to get you to relinquish possession.
[51:57.700 --> 52:00.700]  Was your mother living there at the time?
[52:00.700 --> 52:02.700]  She's never lived there.
[52:02.700 --> 52:04.700]  She has her own.
[52:04.700 --> 52:07.700]  So she was living somewhere else and you had possession of it?
[52:07.700 --> 52:08.700]  Yes.
[52:08.700 --> 52:11.700]  Did she give you notice to vacate?
[52:11.700 --> 52:14.700]  No.
[52:14.700 --> 52:18.700]  Okay. I hate to go here because this is a fight against your mom.
[52:18.700 --> 52:22.700]  I know, but I'm prepared. It's okay. Give it to me straight.
[52:22.700 --> 52:27.700]  Okay. You had legal possession.
[52:27.700 --> 52:33.700]  The tenant can't throw you out.
[52:33.700 --> 52:35.700]  Only your mom can.
[52:35.700 --> 52:38.700]  And she would have to get an eviction order.
[52:38.700 --> 52:47.700]  And then they would have to give you time. So you might bring a legal claim against the tenant.
[52:47.700 --> 52:57.700]  If the tenant had a problem with you being there, that problem was between the tenant and your mother, not you.
[52:57.700 --> 52:59.700]  They had no power to evict you.
[52:59.700 --> 53:04.700]  The only thing was, is I left peacefully because I didn't want to fight.
[53:04.700 --> 53:09.700]  Were you threatened? Did you feel threatened?
[53:09.700 --> 53:14.700]  A little bit. Yeah. I felt a little attacked. Yeah.
[53:14.700 --> 53:21.700]  Then if you left under coercion, then you have a claim against the tenant.
[53:21.700 --> 53:29.700]  Okay. Well, now I have things like, like I said, my lawnmower, this tenant has allowed someone else to take it off the property.
[53:29.700 --> 53:35.700]  It's my lawnmower, not my mother's. Mine. And it's still not there.
[53:35.700 --> 53:38.700]  Okay. Well, that you can take an action against the tenant.
[53:38.700 --> 53:48.700]  You can take an action against the tenant for forcing you to leave the property when you had possession.
[53:48.700 --> 54:03.700]  All you can do is put some pressure on the tenant. At the end of the day, what would be an acceptable outcome?
[54:03.700 --> 54:17.700]  I'm not sure. I'm almost ready to throw my hands up and let my mother and the tenant destroy themselves because it's not going to end pretty.
[54:17.700 --> 54:29.700]  Do you have somewhere to take these, your belongings? If you were to, if a moving truck were to pull up there and back up and some guys hop out and load up all your stuff, do you have somewhere to put it?
[54:29.700 --> 54:37.700]  I was going to put it in a storage unit and unfortunately I'm actually living in my mother's house now.
[54:37.700 --> 54:38.700]  Oh.
[54:38.700 --> 54:42.700]  It's probably not a good idea to get into the fight with the mom at the moment.
[54:42.700 --> 54:44.700]  Yeah, I know. Maybe.
[54:44.700 --> 54:45.700]  I know.
[54:45.700 --> 54:58.700]  Yeah, so how about Randy, would this be a writ of Repleven where she would get the property back? I mean, obviously, that's so awkward.
[54:58.700 --> 55:08.700]  You looked up Repleven several times, but I haven't addressed it enough to really understand Repleven. Let me look it up.
[55:08.700 --> 55:11.700]  Yeah, I've never heard that term before.
[55:11.700 --> 55:26.700]  I think that's where you would ask what Randy was just talking about a moment ago, where you go to the judge and say, let me go secure my belongings to somebody else's in wrongful possession of my belongings.
[55:26.700 --> 55:43.700]  Because a student becomes the master of Repleven, R-E-P-L-E-V-I-N, a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the party's concern.
[55:43.700 --> 55:48.700]  That is precisely what's called for here.
[55:48.700 --> 55:50.700]  Okay.
[55:50.700 --> 55:55.700]  Look up Repleven, R-E-P-L-E-V-I-N.
[55:55.700 --> 55:56.700]  Sounds perfect.
[55:56.700 --> 56:04.700]  And oh, I don't know if Brett told you, but you could start the Church of Common Law. That would be perfect.
[56:04.700 --> 56:09.700]  Wait a minute. Say what about common law?
[56:09.700 --> 56:11.700]  To go back to your previous call.
[56:11.700 --> 56:13.700]  You have to talk about starting the church.
[56:13.700 --> 56:14.700]  Yeah.
[56:14.700 --> 56:20.700]  Oh, I wouldn't start a church on common law. I have a problem with common law.
[56:20.700 --> 56:21.700]  Oh yeah.
[56:21.700 --> 56:29.700]  Common law is law by judges. I want my judge tightly bound by statute.
[56:29.700 --> 56:44.700]  I do not want to be subject to the judge's personal preferences or his attitude on one day. He might have ate a bad potato that day.
[56:44.700 --> 56:47.700]  I want to bind him by statute.
[56:47.700 --> 56:48.700]  Yeah.
[56:48.700 --> 56:49.700]  Right?
[56:49.700 --> 56:52.700]  A statutory law, a judge has two duties.
[56:52.700 --> 56:54.700]  Very suggestive.
[56:54.700 --> 57:03.700]  Determine the facts in accordance with the rules of evidence, then properly apply the law to the facts as the law comes to him.
[57:03.700 --> 57:05.700]  I run inbound.
[57:05.700 --> 57:09.700]  So I have a concern about common law.
[57:09.700 --> 57:13.700]  Okay. The church in rule of law?
[57:13.700 --> 57:20.700]  Yeah. I'm going to go by statutes. The statutes in every state are extremely well structured.
[57:20.700 --> 57:27.700]  There are hardly any remedies that you need that you don't have.
[57:27.700 --> 57:28.700]  Okay.
[57:28.700 --> 57:30.700]  You just have to read the codes.
[57:30.700 --> 57:35.700]  And the best way to do that is just read them. Read through them. Don't try to understand them. Just read them.
[57:35.700 --> 57:39.700]  Then go back like the penal code. Read the penal code.
[57:39.700 --> 57:45.700]  Go back the front. Read it a second time. And you will start making internal connections back and forth.
[57:45.700 --> 57:52.700]  You'll understand the code after the second reading better than the police and the prosecutors do.
[57:52.700 --> 57:57.700]  True. Once you figure out what all the terms actually mean, you better understand them.
[57:57.700 --> 58:02.700]  And just read through them quickly. Just read through them quickly twice.
[58:02.700 --> 58:12.700]  And you won't know them all, but something will happen and something in your brain will say, wait a minute, we've seen that before and it will point to it.
[58:12.700 --> 58:13.700]  Okay.
[58:13.700 --> 58:16.700]  Brett and I don't have all these laws memorized.
[58:16.700 --> 58:24.700]  We just went over them and people talk about stuff and your brain goes in there and it pulls out what you need.
[58:24.700 --> 58:26.700]  So read them twice.
[58:26.700 --> 58:34.700]  Then you will be a force to be reckoned with and you won't have these problems of wondering what to do.
[58:34.700 --> 58:39.700]  Replyment is a little arcane. I'm really surprised.
[58:39.700 --> 58:42.700]  Nice work, Brett.
[58:42.700 --> 58:43.700]  Okay.
[58:43.700 --> 58:45.700]  Good call.
[58:45.700 --> 58:48.700]  Do you have anything else for us, Megan?
[58:48.700 --> 58:50.700]  I have one.
[58:50.700 --> 58:58.700]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:58.700 --> 59:06.700]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
[59:06.700 --> 59:09.700]  Enter the recovery version.
[59:09.700 --> 59:18.700]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:18.700 --> 59:27.700]  Biblical and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:27.700 --> 59:33.700]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.700 --> 59:43.700]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:43.700 --> 59:50.700]  or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.700 --> 01:00:00.700]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.700 --> 01:00:05.700]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:05.700 --> 01:00:16.700]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce,
[01:00:16.700 --> 01:00:28.700]  oil, Texas crude $55.63 a barrel, Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:28.700 --> 01:00:45.700]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:45.700 --> 01:00:54.700]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated on Market Street in San Francisco
[01:00:54.700 --> 01:00:59.700]  during the World War I preparedness day parade, killing 10 and injuring 40.
[01:00:59.700 --> 01:01:04.700]  Today in history.
[01:01:04.700 --> 01:01:11.700]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA to tax his law back in June,
[01:01:11.700 --> 01:01:17.700]  county prosecutors around the state including Houston, Austin, and San Antonio have been dropping marijuana possession charges
[01:01:17.700 --> 01:01:24.700]  and refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the error for THC.
[01:01:24.700 --> 01:01:30.700]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession
[01:01:30.700 --> 01:01:33.700]  and delivery of marijuana cases because of the law.
[01:01:33.700 --> 01:01:39.700]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter to county district attorneys back on Thursday
[01:01:39.700 --> 01:01:47.700]  that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:47.700 --> 01:01:55.700]  As well as other cities too like the District Attorney in El Paso, Kaima Esparza, a Democrat who also stated earlier this month
[01:01:55.700 --> 01:02:01.700]  that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.700 --> 01:02:07.700]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County,
[01:02:07.700 --> 01:02:13.700]  who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.700 --> 01:02:18.700]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.700 --> 01:02:29.700]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico,
[01:02:29.700 --> 01:02:38.700]  the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.700 --> 01:02:48.700]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey
[01:02:48.700 --> 01:02:50.700]  who may be drawn into the glow.
[01:02:50.700 --> 01:02:58.700]  This is Wolf Roadie with your lowdown for July 22, 2019.
[01:03:20.700 --> 01:03:40.700]  Okay, we are back.
[01:03:40.700 --> 01:03:42.700]  Randy Kelton, Brett Fountain, Rural Law Radio.
[01:03:42.700 --> 01:03:47.700]  And just for all the listeners, I did not fall off the cliff that time.
[01:03:47.700 --> 01:03:54.700]  I pushed Megan off the cliff.
[01:03:54.700 --> 01:03:59.700]  Brett and I get in trouble when we don't go out in time.
[01:03:59.700 --> 01:04:03.700]  Our system takes us out automatically.
[01:04:03.700 --> 01:04:06.700]  When it gets to that time, it just takes us out.
[01:04:06.700 --> 01:04:13.700]  And Deborah has this set up to match standard radio station formats.
[01:04:13.700 --> 01:04:25.700]  In a standard radio station, you can delay a little going in, but they have to come out exactly on the mark so that the ads that run behind it are timed correctly.
[01:04:25.700 --> 01:04:32.700]  And when we don't do the outro in time, it accuses us of running off the cliff.
[01:04:32.700 --> 01:04:34.700]  But I didn't run off the cliff this time.
[01:04:34.700 --> 01:04:36.700]  I threw you off the cliff.
[01:04:36.700 --> 01:04:37.700]  Okay.
[01:04:37.700 --> 01:04:38.700]  I don't know if you heard.
[01:04:38.700 --> 01:04:40.700]  I was saying that I had one more question.
[01:04:40.700 --> 01:04:42.700]  Okay, go ahead.
[01:04:42.700 --> 01:04:49.700]  So I have a traffic issue and I'm taking it to trial.
[01:04:49.700 --> 01:04:52.700]  You guys have done this a hundred times before.
[01:04:52.700 --> 01:04:54.700]  What do I need to expect?
[01:04:54.700 --> 01:04:55.700]  What do I need to do?
[01:04:55.700 --> 01:04:57.700]  I'm not going in with an attorney.
[01:04:57.700 --> 01:05:07.700]  Have you challenged subject matter jurisdiction?
[01:05:07.700 --> 01:05:14.700]  Well, I kind of used Al Fox's way of doing it with an affidavit of status and an affidavit of stock.
[01:05:14.700 --> 01:05:15.700]  Okay.
[01:05:15.700 --> 01:05:24.700]  What did the affidavit of fact state?
[01:05:24.700 --> 01:05:25.700]  Okay.
[01:05:25.700 --> 01:05:27.700]  Let me take a step back.
[01:05:27.700 --> 01:05:32.700]  You never want to get to the merits.
[01:05:32.700 --> 01:05:40.700]  Because the transportation code in Rhode Island say about who can enforce.
[01:05:40.700 --> 01:05:44.700]  Do you have a state police in Rhode Island?
[01:05:44.700 --> 01:05:45.700]  We do.
[01:05:45.700 --> 01:05:46.700]  Yes.
[01:05:46.700 --> 01:05:50.700]  Generally, kind of run around in a dress like the Canadian Mounties.
[01:05:50.700 --> 01:05:51.700]  Yeah.
[01:05:51.700 --> 01:05:55.700]  Well, in the United States, it's not really like that.
[01:05:55.700 --> 01:05:59.700]  In the United States, we have county sheriffs.
[01:05:59.700 --> 01:06:08.700]  Our founders had, they had kind of been put through the ringer and they figured out some really important things.
[01:06:08.700 --> 01:06:14.700]  One thing is you do not want a state police.
[01:06:14.700 --> 01:06:25.700]  And in this instance, I'm saying state and state does not mean a political subdivision of the U.S.
[01:06:25.700 --> 01:06:29.700]  State means sovereign nation.
[01:06:29.700 --> 01:06:30.700]  Okay.
[01:06:30.700 --> 01:06:31.700]  All right.
[01:06:31.700 --> 01:06:34.700]  They did not want a state police.
[01:06:34.700 --> 01:06:41.700]  So they put policing power in the hands of county sheriffs.
[01:06:41.700 --> 01:06:51.700]  So you did not have one police agency learning their authority over the entire stage had a whole bunch of different sheriffs.
[01:06:51.700 --> 01:06:53.700]  And that worked extremely well.
[01:06:53.700 --> 01:06:59.700]  Well, Tuman was a road builder before he became president.
[01:06:59.700 --> 01:07:01.700]  And he was aghast at the way they're building roads.
[01:07:01.700 --> 01:07:03.700]  He said, you're building roads for horses and carriages.
[01:07:03.700 --> 01:07:09.700]  You're getting out here these 3,000-pound vehicles and slaughtering each other.
[01:07:09.700 --> 01:07:16.700]  So he went to the Corps of Engineers and had them design a new set of roads.
[01:07:16.700 --> 01:07:18.700]  And we have those now.
[01:07:18.700 --> 01:07:22.700]  That's our interstate highway system.
[01:07:22.700 --> 01:07:29.700]  They're designed for 3,000-pound vehicles running at wild, crazy speeds.
[01:07:29.700 --> 01:07:38.700]  And he had them develop a model transportation code, a model set of rules of the road.
[01:07:38.700 --> 01:07:41.700]  Because we were just developing big trucks.
[01:07:41.700 --> 01:07:42.700]  They had horrible brakes.
[01:07:42.700 --> 01:07:45.700]  The drivers had no idea what they were doing.
[01:07:45.700 --> 01:07:46.700]  They were so heavy.
[01:07:46.700 --> 01:07:49.700]  They were damaging bridges and infrastructure all over the country.
[01:07:49.700 --> 01:07:51.700]  And he said, we ought to get this under control.
[01:07:51.700 --> 01:07:53.700]  So he made up this new set of laws.
[01:07:53.700 --> 01:07:57.700]  And he took them to the sheriffs and said, OK, guys, you got all these laws.
[01:07:57.700 --> 01:07:58.700]  You need to enforce them.
[01:07:58.700 --> 01:08:01.700]  And the sheriff told them to go scratch.
[01:08:01.700 --> 01:08:18.700]  He said, you don't give us enough money to enforce the commercial transportation code.
[01:08:18.700 --> 01:08:22.700]  Not in Texas.
[01:08:22.700 --> 01:08:36.700]  Texas Administrative Code says, the Department of Public Safety shall not enforce the criminal laws.
[01:08:36.700 --> 01:08:42.700]  Except at the request of and under the direction of local law enforcement.
[01:08:42.700 --> 01:08:50.700]  So in Texas, we have police peace officers and we have police officers.
[01:08:50.700 --> 01:08:55.700]  Police officers are state police, the traffic cops.
[01:08:55.700 --> 01:09:07.700]  So the point of the question is, who has authority to enforce the commercial transportation code?
[01:09:07.700 --> 01:09:10.700]  Those are not criminal laws.
[01:09:10.700 --> 01:09:14.700]  And then the follow on question to that is, who was it that pulled you over?
[01:09:14.700 --> 01:09:17.700]  Was it a city cop or was it one of these state troopers?
[01:09:17.700 --> 01:09:20.700]  It was a municipality cop.
[01:09:20.700 --> 01:09:30.700]  OK, so where is a municipality given authority in Rhode Island to enforce a commercial code?
[01:09:30.700 --> 01:09:32.700]  That's what I'm wondering.
[01:09:32.700 --> 01:09:36.700]  That's a question you want to bring to the court.
[01:09:36.700 --> 01:09:43.700]  Get out the transportation code for Rhode Island and this will be up at the front.
[01:09:43.700 --> 01:09:48.700]  Read through the transportation code, at least the first four or five chapters.
[01:09:48.700 --> 01:09:51.700]  It's like seven things that they're saying I violated.
[01:09:51.700 --> 01:09:52.700]  They have all the codes written there.
[01:09:52.700 --> 01:09:54.700]  Irrelevant. Irrelevant. Don't go there.
[01:09:54.700 --> 01:09:57.700]  That goes to merits. We're not ready yet.
[01:09:57.700 --> 01:10:00.700]  Do you know what he means when he says merits?
[01:10:00.700 --> 01:10:04.700]  Do you understand what he means when he says merits?
[01:10:04.700 --> 01:10:10.700]  So that you can kind of separate and discern which things we're dealing with or not yet?
[01:10:10.700 --> 01:10:14.700]  When he says merits?
[01:10:14.700 --> 01:10:16.700]  No.
[01:10:16.700 --> 01:10:20.700]  Oh, he, she did this, she did that, she did that. That's the merits.
[01:10:20.700 --> 01:10:22.700]  Oh, he said she said junk.
[01:10:22.700 --> 01:10:25.700]  Exactly. So we don't want to get there yet.
[01:10:25.700 --> 01:10:28.700]  Who the heck are you?
[01:10:28.700 --> 01:10:34.700]  Who gave you authority to turn those lights on me and forced me to pull over?
[01:10:34.700 --> 01:10:37.700]  Where did you get that power?
[01:10:37.700 --> 01:10:39.700]  That's what I was wondering.
[01:10:39.700 --> 01:10:43.700]  Read the transportation code, it will tell you.
[01:10:43.700 --> 01:10:51.700]  Some states authorized certified peace officers to enforce the transportation code, but not all.
[01:10:51.700 --> 01:10:53.700]  Not Texas.
[01:10:53.700 --> 01:10:55.700]  Okay.
[01:10:55.700 --> 01:11:03.700]  There are a number of states where they don't look at the code, see who has authority to enforce first.
[01:11:03.700 --> 01:11:16.700]  That's the first issue. Second issue is, did the criminal affidavit allege all of the elements of the crime?
[01:11:16.700 --> 01:11:20.700]  No, there was no crime.
[01:11:20.700 --> 01:11:23.700]  I didn't do any damage or harm anyone.
[01:11:23.700 --> 01:11:32.700]  That's a patriot issue and the codes are not written that way.
[01:11:32.700 --> 01:11:35.700]  You may not think it's right.
[01:11:35.700 --> 01:11:39.700]  Whatever the accusation is, it'll have certain elements of it.
[01:11:39.700 --> 01:11:43.700]  It'll say a person who did this while they were this and in process of this.
[01:11:43.700 --> 01:11:51.700]  And so these little pieces, these little like imagine bullet points, parts of the sentence that describes and defines the offense.
[01:11:51.700 --> 01:11:58.700]  And if the complaint doesn't mention all of those, it's insufficient.
[01:11:58.700 --> 01:12:09.700]  And one of the, the reason I'm going there is transportation code goes to commercial activity.
[01:12:09.700 --> 01:12:23.700]  One of the things I never see in a complaint and one of the things an officer never asks you is, are you transporting persons or property for hire?
[01:12:23.700 --> 01:12:25.700]  Right.
[01:12:25.700 --> 01:12:41.700]  If that's not in the complaint stating that you were transporting persons or property for hire, then that's an element of the offense that is missing.
[01:12:41.700 --> 01:12:43.700]  Okay.
[01:12:43.700 --> 01:12:47.700]  That moved to dismiss for failure to stay to claim.
[01:12:47.700 --> 01:12:56.700]  I also found out that I was being followed that night and I was set up.
[01:12:56.700 --> 01:13:03.700]  I was reported by a friend of, let's call him my ex-husband for lack of a better term.
[01:13:03.700 --> 01:13:08.700]  The others you can't use on the air.
[01:13:08.700 --> 01:13:16.700]  And those are pet names my wife has.
[01:13:16.700 --> 01:13:19.700]  I recently found that I had no idea.
[01:13:19.700 --> 01:13:21.700]  And this person went in.
[01:13:21.700 --> 01:13:23.700]  To this point, that's irrelevant.
[01:13:23.700 --> 01:13:24.700]  Okay.
[01:13:24.700 --> 01:13:25.700]  To the case.
[01:13:25.700 --> 01:13:26.700]  That's not going to matter?
[01:13:26.700 --> 01:13:29.700]  No, not going to matter.
[01:13:29.700 --> 01:13:41.700]  Because a policeman was given notice that someone else believes that a person may be committing or about to commit a crime, it is perfectly acceptable for the police to watch.
[01:13:41.700 --> 01:13:47.700]  If they don't see it, isn't it like a Rule 602 type thing?
[01:13:47.700 --> 01:13:50.700]  What is a Rule 602 entrapment?
[01:13:50.700 --> 01:13:56.700]  No, I think she's talking about rules of evidence where it's hearsay if the person doesn't have firsthand knowledge.
[01:13:56.700 --> 01:14:04.700]  It doesn't matter if the person told the policeman that I think this person is driving without a license.
[01:14:04.700 --> 01:14:15.700]  Or I think this person is blind as a bat and is dangerous on the highway and is unable to keep her car in the lane.
[01:14:15.700 --> 01:14:20.700]  It's perfectly alright for the policeman to go check.
[01:14:20.700 --> 01:14:25.700]  And the fact that somebody told him that, that doesn't harm you.
[01:14:25.700 --> 01:14:30.700]  You're only harmed if the officer makes a criminal accusation against you.
[01:14:30.700 --> 01:14:35.700]  Well, I was farmed with two when they ripped me out of my car.
[01:14:35.700 --> 01:14:39.700]  Okay, well, we don't want to get to the merits yet.
[01:14:39.700 --> 01:14:40.700]  No.
[01:14:40.700 --> 01:14:48.700]  Once you get to the merits, then the issue goes to the discretion of the judge and the judge will always rule against you.
[01:14:48.700 --> 01:14:49.700]  Of course.
[01:14:49.700 --> 01:15:07.700]  So what evidence does the officer have to believe, or I'm sorry, what evidence is included in the criminal accusation to show that you fell within the statutory scheme?
[01:15:07.700 --> 01:15:12.700]  They have none because I've asked for discovery in regards to video and audio and any of that.
[01:15:12.700 --> 01:15:13.700]  They have nothing.
[01:15:13.700 --> 01:15:14.700]  No, no, no, no, no.
[01:15:14.700 --> 01:15:16.700]  Wrong issue.
[01:15:16.700 --> 01:15:26.700]  The officer has to have authority to enforce the professional transportation code.
[01:15:26.700 --> 01:15:39.700]  And he has to have reason to believe that you were acting in a way that brought you within the scope of the professional transportation code.
[01:15:39.700 --> 01:15:40.700]  Okay.
[01:15:40.700 --> 01:15:41.700]  An example.
[01:15:41.700 --> 01:15:44.700]  He doesn't go to merits yet.
[01:15:44.700 --> 01:15:53.700]  If you were driving a huge truck and hauling logs, for example, well, that looks like commerce.
[01:15:53.700 --> 01:15:54.700]  Right.
[01:15:54.700 --> 01:16:00.700]  And if you were driving a charter bus and you had 30 people in there, well, that looks like commerce.
[01:16:00.700 --> 01:16:01.700]  Right.
[01:16:01.700 --> 01:16:09.700]  If you were driving one of those big tankers and it had hazardous materials placards all over it, that looks like commerce.
[01:16:09.700 --> 01:16:10.700]  Right.
[01:16:10.700 --> 01:16:31.700]  And if you were driving a motorized conveyance that had attached to it, license plates, those license plates are an indication that you are authorized to operate that vehicle in commerce.
[01:16:31.700 --> 01:16:35.700]  That's probable cause.
[01:16:35.700 --> 01:16:44.700]  However, Brett was the first question he should ask once he pulls you over.
[01:16:44.700 --> 01:16:46.700]  You ought to try to find out if you're in commerce.
[01:16:46.700 --> 01:16:47.700]  Exactly.
[01:16:47.700 --> 01:16:50.700]  That's got to be the first question.
[01:16:50.700 --> 01:16:53.700]  If he hasn't had that question, he never established jurisdiction.
[01:16:53.700 --> 01:16:54.700]  Hang on.
[01:16:54.700 --> 01:16:56.700]  Randy Kelton, Brett Fountain, Rural Law Radio.
[01:16:56.700 --> 01:16:59.700]  We'll be right back.
[01:16:59.700 --> 01:17:05.700]  Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.700 --> 01:17:11.700]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[01:17:11.700 --> 01:17:14.700]  Our goal is in accord with Matthew 5.16.
[01:17:14.700 --> 01:17:21.700]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[01:17:21.700 --> 01:17:26.700]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:26.700 --> 01:17:34.700]  Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[01:17:34.700 --> 01:17:40.700]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[01:17:40.700 --> 01:17:47.700]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[01:17:47.700 --> 01:17:59.700]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
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[01:18:14.700 --> 01:18:18.700]  Any amount is appreciated. Everything helps to keep us on the air.
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[01:19:25.700 --> 01:19:35.700]  Well, you ain't gonna fool me with that same old trick again.
[01:19:35.700 --> 01:19:40.700]  I was blindsided, but now I can see your eyes.
[01:19:40.700 --> 01:19:45.700]  You put the fear in my pockets, took the money from my head.
[01:19:45.700 --> 01:19:53.700]  Ain't gonna fool me with that same old trick again.
[01:19:53.700 --> 01:19:55.700]  Okay, we are back.
[01:19:55.700 --> 01:19:57.700]  Randy Kelton, Brett Fountain.
[01:19:57.700 --> 01:20:00.700]  We're talking to Megan in Rhode Island.
[01:20:00.700 --> 01:20:02.700]  We need to go quickly, Megan.
[01:20:02.700 --> 01:20:04.700]  We're running out of time. We've got a bunch more callers.
[01:20:04.700 --> 01:20:06.700]  I know. I'm so sorry.
[01:20:06.700 --> 01:20:08.700]  No, no, be sorry.
[01:20:08.700 --> 01:20:12.700]  This was a good discussion because we'd like to address these issues.
[01:20:12.700 --> 01:20:14.700]  Can you call back tomorrow night?
[01:20:14.700 --> 01:20:20.700]  We have a four-hour show and we're not just addressing traffic here.
[01:20:20.700 --> 01:20:24.700]  We're addressing how to think about legal issues.
[01:20:24.700 --> 01:20:25.700]  Right.
[01:20:25.700 --> 01:20:28.700]  And most people, when they get in a legal situation,
[01:20:28.700 --> 01:20:31.700]  they jump right on the details and the facts.
[01:20:31.700 --> 01:20:37.700]  And we want to say, whoa, hang on, hold on, let's not go there yet.
[01:20:37.700 --> 01:20:45.700]  At first, we want to know this guy over here who exerted or purported to exert an authority,
[01:20:45.700 --> 01:20:48.700]  did he actually have it?
[01:20:48.700 --> 01:20:52.700]  And if he had it, when he made the accusation,
[01:20:52.700 --> 01:20:57.700]  did he allege all the necessary elements?
[01:20:57.700 --> 01:21:02.700]  Until we get past that, we can't get to what happened.
[01:21:02.700 --> 01:21:03.700]  Okay.
[01:21:03.700 --> 01:21:05.700]  And that's what we're talking about here.
[01:21:05.700 --> 01:21:07.700]  Can you call back tomorrow night?
[01:21:07.700 --> 01:21:08.700]  Sure.
[01:21:08.700 --> 01:21:10.700]  Good. We can spend more time on this.
[01:21:10.700 --> 01:21:12.700]  This is a good subject.
[01:21:12.700 --> 01:21:14.700]  No, awesome. Thank you guys so much.
[01:21:14.700 --> 01:21:16.700]  It was so nice to see you.
[01:21:16.700 --> 01:21:18.700]  Thank you, Megan.
[01:21:18.700 --> 01:21:21.700]  Now we're going to go to Barrett in Colorado.
[01:21:21.700 --> 01:21:22.700]  Hello, Barrett.
[01:21:22.700 --> 01:21:26.700]  What do you have for us today?
[01:21:26.700 --> 01:21:30.700]  Well, hi, actually, I'm in Arizona on my property.
[01:21:30.700 --> 01:21:31.700]  Finally moved on here.
[01:21:31.700 --> 01:21:32.700]  Oh, okay.
[01:21:32.700 --> 01:21:34.700]  Now I know who you are.
[01:21:34.700 --> 01:21:35.700]  Yeah.
[01:21:35.700 --> 01:21:36.700]  Okay.
[01:21:36.700 --> 01:21:37.700]  Yeah.
[01:21:37.700 --> 01:21:42.700]  So the listeners know kind of what happened is I bought some property.
[01:21:42.700 --> 01:21:47.700]  I was living in Cortez, Colorado about six months ago,
[01:21:47.700 --> 01:21:52.700]  and I bought some property here in Apache County,
[01:21:52.700 --> 01:21:54.700]  just under two acres.
[01:21:54.700 --> 01:21:59.700]  And so I had to live in my car for a little while,
[01:21:59.700 --> 01:22:00.700]  about two months.
[01:22:00.700 --> 01:22:05.700]  And while I had permission to sleep in my car on this church property,
[01:22:05.700 --> 01:22:07.700]  which is private property.
[01:22:07.700 --> 01:22:13.700]  And anyway, one of the days I was just eating my lunch,
[01:22:13.700 --> 01:22:19.700]  this cop comes up and knocks on my window and just starts demanding ID.
[01:22:19.700 --> 01:22:24.700]  But anyways, I says, you know, unless I'm in commission of a crime,
[01:22:24.700 --> 01:22:27.700]  I don't have to, you know, give you my ID.
[01:22:27.700 --> 01:22:31.700]  But anyway, he arrested me for that.
[01:22:31.700 --> 01:22:37.700]  But on his report, he said that he arrested me for the fictitious plate,
[01:22:37.700 --> 01:22:41.700]  which actually has a valid DOT number on it.
[01:22:41.700 --> 01:22:42.700]  Okay.
[01:22:42.700 --> 01:22:46.700]  Were you on a public thoroughfare?
[01:22:46.700 --> 01:22:48.700]  No, I was on private property.
[01:22:48.700 --> 01:22:50.700]  I'd been there for like hours.
[01:22:50.700 --> 01:22:51.700]  Okay.
[01:22:51.700 --> 01:22:56.700]  Did you charge the officer with aggravated perjury?
[01:22:56.700 --> 01:22:58.700]  Yeah.
[01:22:58.700 --> 01:23:01.700]  In addition to aggravated assault.
[01:23:01.700 --> 01:23:03.700]  False arrest, false imprisonment.
[01:23:03.700 --> 01:23:05.700]  Have you sued them yet?
[01:23:05.700 --> 01:23:08.700]  Or have you sent them a tort letter yet?
[01:23:08.700 --> 01:23:10.700]  Not yet.
[01:23:10.700 --> 01:23:13.700]  Why have you waited?
[01:23:13.700 --> 01:23:18.700]  Well, let me think.
[01:23:18.700 --> 01:23:21.700]  Why did I wait?
[01:23:21.700 --> 01:23:25.700]  I wanted to...
[01:23:25.700 --> 01:23:29.700]  I think I was just waiting so I could pay, because they said it was like $280
[01:23:29.700 --> 01:23:35.700]  to file the thing, to file the claim, the tort claim.
[01:23:35.700 --> 01:23:37.700]  I'm in the lawsuit.
[01:23:37.700 --> 01:23:38.700]  Oh, no, okay.
[01:23:38.700 --> 01:23:40.700]  No, no, a tort letter doesn't cost anything.
[01:23:40.700 --> 01:23:42.700]  But here is my...
[01:23:42.700 --> 01:23:47.700]  If you're going to sue a public official or an agency,
[01:23:47.700 --> 01:23:51.700]  you have to give them 60 days notice.
[01:23:51.700 --> 01:23:52.700]  Okay.
[01:23:52.700 --> 01:23:57.700]  I'm talking about, in this case, the strict rule of law.
[01:23:57.700 --> 01:24:00.700]  Talking about politics.
[01:24:00.700 --> 01:24:03.700]  So you accused them of false imprisonment.
[01:24:03.700 --> 01:24:07.700]  Did they take you directly to the nearest magistrate?
[01:24:07.700 --> 01:24:11.700]  No, he put me in the back of his car.
[01:24:11.700 --> 01:24:14.700]  Had he taken you directly to the nearest magistrate?
[01:24:14.700 --> 01:24:17.700]  The magistrate would have said, let this guy go.
[01:24:17.700 --> 01:24:19.700]  You don't have any claim against him.
[01:24:19.700 --> 01:24:22.700]  I had that happen to me. I was arrested.
[01:24:22.700 --> 01:24:26.700]  They took me straight to jail.
[01:24:26.700 --> 01:24:32.700]  They held me for 26 hours, and let me go on a $500 bond.
[01:24:32.700 --> 01:24:38.700]  I filed a motion to dismiss, and the prosecuting attorney dismissed it immediately.
[01:24:38.700 --> 01:24:44.700]  I'm suing them for $400 million.
[01:24:44.700 --> 01:24:47.700]  Is this fun or what?
[01:24:47.700 --> 01:24:50.700]  You want to arrest me and throw me in jail?
[01:24:50.700 --> 01:24:54.700]  Bubba, we see how that works out for you.
[01:24:54.700 --> 01:24:56.700]  Here's the other thing.
[01:24:56.700 --> 01:24:59.700]  You can do the same thing.
[01:24:59.700 --> 01:25:03.700]  And if you want this to go away, if you don't want this to be a problem,
[01:25:03.700 --> 01:25:07.700]  don't get caught up in the merits of the claim.
[01:25:07.700 --> 01:25:10.700]  Just like the previous caller.
[01:25:10.700 --> 01:25:11.700]  Okay.
[01:25:11.700 --> 01:25:19.700]  Mr. Police Officer, who in the heck are you and what are you doing on private church property?
[01:25:19.700 --> 01:25:24.700]  Accusing someone of having a fictitious plate.
[01:25:24.700 --> 01:25:34.700]  Is it illegal to have fictitious plates or pieces of metal that look like plates on private property?
[01:25:34.700 --> 01:25:39.700]  If you go to a trade show or an auto show, you have all these automobiles up there,
[01:25:39.700 --> 01:25:43.700]  and they have these plates that will say 69 Camaro.
[01:25:43.700 --> 01:25:49.700]  Are you going to arrest that guy for having a fictitious plate?
[01:25:49.700 --> 01:25:50.700]  Well, no.
[01:25:50.700 --> 01:25:51.700]  He's not on a highway.
[01:25:51.700 --> 01:25:54.700]  Don't make any difference.
[01:25:54.700 --> 01:25:58.700]  Have you filed criminal charges against the officer yet?
[01:25:58.700 --> 01:25:59.700]  No.
[01:25:59.700 --> 01:26:00.700]  How do you do that?
[01:26:00.700 --> 01:26:02.700]  Do you go to the prosecutor or, I mean?
[01:26:02.700 --> 01:26:03.700]  No.
[01:26:03.700 --> 01:26:04.700]  Okay.
[01:26:04.700 --> 01:26:05.700]  Okay.
[01:26:05.700 --> 01:26:07.700]  Now you're getting to our favorite subject.
[01:26:07.700 --> 01:26:11.700]  But we have three more callers and two more segments.
[01:26:11.700 --> 01:26:13.700]  And this isn't our favorite subject.
[01:26:13.700 --> 01:26:16.700]  And we could spend eight hours on this subject.
[01:26:16.700 --> 01:26:19.700]  Will you call back tomorrow night?
[01:26:19.700 --> 01:26:22.700]  Yes, I certainly will.
[01:26:22.700 --> 01:26:25.700]  I will walk you through chapter and verse.
[01:26:25.700 --> 01:26:31.700]  If somebody wants to have a fight with you, give them one.
[01:26:31.700 --> 01:26:32.700]  Man, I hope so.
[01:26:32.700 --> 01:26:36.700]  I mean, I really want the ability to be able to do that.
[01:26:36.700 --> 01:26:37.700]  You guys can ask me.
[01:26:37.700 --> 01:26:40.700]  We'll talk about that tomorrow.
[01:26:40.700 --> 01:26:42.700]  That's what we do.
[01:26:42.700 --> 01:26:45.700]  Brett's doing the same thing.
[01:26:45.700 --> 01:26:53.700]  Brett, briefly about the story you told about the tailgate ticket.
[01:26:53.700 --> 01:26:54.700]  Tailgate?
[01:26:54.700 --> 01:26:59.700]  Well, there was a policeman pulled up behind me and he couldn't see my plates because he
[01:26:59.700 --> 01:27:02.700]  was riding my bumper and I had my tailgate open.
[01:27:02.700 --> 01:27:05.700]  He was so close to me that he couldn't see underneath the tailgate.
[01:27:05.700 --> 01:27:12.700]  So he wanted to pull me over and give me a ticket for obscuring the license plate.
[01:27:12.700 --> 01:27:18.700]  Well, he didn't know that I'm a first responder and he didn't really put two
[01:27:18.700 --> 01:27:19.700]  and two together.
[01:27:19.700 --> 01:27:23.700]  The place that I pulled over into was a hospital parking lot.
[01:27:23.700 --> 01:27:29.700]  And so that gave me a few extra things to charge him with.
[01:27:29.700 --> 01:27:32.700]  But he ended up with over 20 criminal complaints.
[01:27:32.700 --> 01:27:35.700]  I don't know if it was 21, 22.
[01:27:35.700 --> 01:27:41.700]  He had a pile of criminal complaints landed on him that went along with that.
[01:27:41.700 --> 01:27:44.700]  What do you remember as he walked away?
[01:27:44.700 --> 01:27:45.700]  Oh, yeah.
[01:27:45.700 --> 01:27:49.700]  One of the things that he did was he got, he called for backup.
[01:27:49.700 --> 01:27:55.700]  And when you get in Texas, if you have seven people or more that are involved in a
[01:27:55.700 --> 01:27:58.700]  criminal enterprise, well, then that's a riot.
[01:27:58.700 --> 01:28:01.700]  By definition, according to the code, it's a riot.
[01:28:01.700 --> 01:28:04.700]  He incited a riot and I charged him with that.
[01:28:04.700 --> 01:28:07.700]  And he walked off, though.
[01:28:07.700 --> 01:28:08.700]  I didn't tell him any of this.
[01:28:08.700 --> 01:28:13.700]  While he was having me pulled over, I was just as nice as I could be.
[01:28:13.700 --> 01:28:17.700]  But I didn't cooperate with everything he wanted to do to me.
[01:28:17.700 --> 01:28:21.700]  And so that kind of rubbed him wrong.
[01:28:21.700 --> 01:28:25.700]  He really wanted to throw me in jail, but his sergeant wouldn't let him do it.
[01:28:25.700 --> 01:28:31.700]  And he walked off finally when he dismissed all those people.
[01:28:31.700 --> 01:28:36.700]  And as he walked away from me, he was muttering, congratulations,
[01:28:36.700 --> 01:28:42.700]  the most difficult traffic stop of my entire career.
[01:28:42.700 --> 01:28:45.700]  And as he walked off and went back to his cruiser, I was thinking,
[01:28:45.700 --> 01:28:48.700]  buddy, you hadn't seen anything yet.
[01:28:48.700 --> 01:28:52.700]  But next morning, I was up all up in his chief's business.
[01:28:52.700 --> 01:28:56.700]  And it didn't take long before criminal complaints were coming down.
[01:28:56.700 --> 01:28:59.700]  I'm sure he didn't like any of it.
[01:28:59.700 --> 01:29:03.700]  This is what we want to teach.
[01:29:03.700 --> 01:29:04.700]  Oh, wait a minute.
[01:29:04.700 --> 01:29:07.700]  I think we lost him.
[01:29:07.700 --> 01:29:08.700]  Okay.
[01:29:08.700 --> 01:29:10.700]  He'll call back tomorrow.
[01:29:10.700 --> 01:29:11.700]  We lost him.
[01:29:11.700 --> 01:29:12.700]  Okay.
[01:29:12.700 --> 01:29:14.700]  Now we're going to go to Tina in California.
[01:29:14.700 --> 01:29:16.700]  Hello, Tina.
[01:29:16.700 --> 01:29:17.700]  Hello, Randy and Brett.
[01:29:17.700 --> 01:29:19.700]  How are you doing today?
[01:29:19.700 --> 01:29:21.700]  I am doing good.
[01:29:21.700 --> 01:29:23.700]  I'm annoying other people.
[01:29:23.700 --> 01:29:26.700]  And that always makes me feel better.
[01:29:26.700 --> 01:29:27.700]  Really?
[01:29:27.700 --> 01:29:33.700]  You see, I never get headaches.
[01:29:33.700 --> 01:29:35.700]  I'm a carrier.
[01:29:35.700 --> 01:29:36.700]  Yeah.
[01:29:36.700 --> 01:29:37.700]  Okay.
[01:29:37.700 --> 01:29:38.700]  What do you have for us?
[01:29:38.700 --> 01:29:39.700]  Cliff.
[01:29:39.700 --> 01:29:40.700]  Okay.
[01:29:40.700 --> 01:29:42.700]  I'll be back to jump off the cliff here.
[01:29:42.700 --> 01:29:44.700]  I hear the music.
[01:29:44.700 --> 01:29:45.700]  Yeah.
[01:29:45.700 --> 01:29:48.700]  Let me push you off the cliff like I did naked.
[01:29:48.700 --> 01:29:50.700]  No, no, no, no.
[01:29:50.700 --> 01:29:51.700]  Okay.
[01:29:51.700 --> 01:29:52.700]  Hang on.
[01:29:52.700 --> 01:29:54.700]  Randy, Colin, Brett, fountain, blue of law radio.
[01:29:54.700 --> 01:29:57.700]  We'll be right back.
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[01:30:06.700 --> 01:30:10.700]  The list of things that makes us dumber just keeps on growing.
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[01:34:17.700 --> 01:34:20.700]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:34:20.700 --> 01:34:22.700]  and we're talking to Tina in California.
[01:34:22.700 --> 01:34:25.700]  Okay, go ahead Tina.
[01:34:25.700 --> 01:34:31.700]  Really quick, you know, a couple of little things regarding this adversary proceeding
[01:34:31.700 --> 01:34:33.700]  that I and a few others are in.
[01:34:33.700 --> 01:34:41.700]  On Monday, the day before the response to our motion to compel was due,
[01:34:41.700 --> 01:34:49.700]  I get a call in the afternoon from, maybe it was last week, from an attorney who said,
[01:34:49.700 --> 01:34:53.700]  this is just hours before they have to file.
[01:34:53.700 --> 01:34:59.700]  I've been retained by the defendants because their other attorney withdrew
[01:34:59.700 --> 01:35:05.700]  because he wasn't being paid and they were not cooperating with discovery.
[01:35:05.700 --> 01:35:10.700]  And she said, I'd like to get more time, an extension 30 to 40 days.
[01:35:10.700 --> 01:35:12.700]  I'm much better than the other attorney.
[01:35:12.700 --> 01:35:17.700]  I'm more patient and I will work with you and try to get the defendant to work.
[01:35:17.700 --> 01:35:21.700]  Well, I couldn't get hold of the other parties, so I couldn't, only one.
[01:35:21.700 --> 01:35:25.700]  And she wasn't able, available for a conference call.
[01:35:25.700 --> 01:35:30.700]  And she said, look, we've waited long enough, my first instinct is to say no.
[01:35:30.700 --> 01:35:34.700]  You know, she's had over a year to produce these documents.
[01:35:34.700 --> 01:35:38.700]  And so I told the lady in a very nice email saying, you know, I'm sorry,
[01:35:38.700 --> 01:35:41.700]  I cannot speak for all the parties, I cannot get hold of them.
[01:35:41.700 --> 01:35:45.700]  So I'm going to have to decline giving an extra 30 to 45 days.
[01:35:45.700 --> 01:35:49.700]  And she said, I'd like another extra day to prepare this motion.
[01:35:49.700 --> 01:35:51.700]  And I said, I can't answer for everybody.
[01:35:51.700 --> 01:35:55.700]  So, you know, we'll just have to let the judge do whatever.
[01:35:55.700 --> 01:35:58.700]  And she said, well, no motions, procedure are incorrect.
[01:35:58.700 --> 01:36:02.700]  Well, maybe it is, but we did it and we did our best.
[01:36:02.700 --> 01:36:10.700]  So anyway, I looked up on the court and I didn't see any notice of appearance.
[01:36:10.700 --> 01:36:13.700]  All I got was her phone call saying, I'm the new attorney.
[01:36:13.700 --> 01:36:17.700]  And then she sent me an email, I'm the new attorney.
[01:36:17.700 --> 01:36:22.700]  And she said, you know, judges despise these motions to compel.
[01:36:22.700 --> 01:36:25.700]  I still don't see a notice of appearance.
[01:36:25.700 --> 01:36:32.700]  And from what I'm reading, it seems to say that an attorney,
[01:36:32.700 --> 01:36:40.700]  an entry of appearance is a legal document that says an attorney represents one party in the case.
[01:36:40.700 --> 01:36:46.700]  It is a representation to the court that an attorney represents one party or another.
[01:36:46.700 --> 01:36:52.700]  If they don't file one, I mean, how do we know she really hired them?
[01:36:52.700 --> 01:36:55.700]  We didn't.
[01:36:55.700 --> 01:37:04.700]  What does the rule say about the requirement to file a notice of representation?
[01:37:04.700 --> 01:37:10.700]  When I'm reading up, I couldn't find the exact rules,
[01:37:10.700 --> 01:37:16.700]  but it says the definition of it is a notice of appearance is a written document addressed to a court
[01:37:16.700 --> 01:37:21.700]  and all parties involved in a given legal procedure that confirms participation in it.
[01:37:21.700 --> 01:37:28.700]  It is a document filed that states they will participate in the process.
[01:37:28.700 --> 01:37:31.700]  These written documents are normally filed by attorneys.
[01:37:31.700 --> 01:37:35.700]  Nevertheless, individuals can issue notices of appearances on their own.
[01:37:35.700 --> 01:37:42.700]  The purpose of these is to make sure updates about everything is going on in the court are submitted in a timely manner.
[01:37:42.700 --> 01:37:51.700]  Attorneys must also file these notices to be accredited as someone's legal representative.
[01:37:51.700 --> 01:38:06.700]  They must file in order to be accredited, so you can object to the attorney attempting to represent the client because if the attorney actually represented the client,
[01:38:06.700 --> 01:38:11.700]  then the attorney would have filed a notice of appearance.
[01:38:11.700 --> 01:38:22.700]  That's what I'm thinking. The only notice she's filed is the opposition to our motion to compel, and that's when she also filed a declaration by the other attorney
[01:38:22.700 --> 01:38:27.700]  of what was said in our meeting confer, which was wrong, and I did rebut that.
[01:38:27.700 --> 01:38:29.700]  I put a rebuttal in to the court.
[01:38:29.700 --> 01:38:38.700]  The judge today ruled that our motion to compel was procedurally improper because it didn't do something with a stipulation,
[01:38:38.700 --> 01:38:41.700]  so she denied it, but...
[01:38:41.700 --> 01:38:43.700]  Wait, wait, wait. Stop. You broke up a little bit.
[01:38:43.700 --> 01:38:44.700]  You're prejudiced.
[01:38:44.700 --> 01:38:45.700]  See that again?
[01:38:45.700 --> 01:38:47.700]  The motion to compel was insufficient.
[01:38:47.700 --> 01:38:48.700]  Why?
[01:38:48.700 --> 01:39:00.700]  Because there was missing a stipulation of the points and a declaration that the other side's attorney failed or refused to participate.
[01:39:00.700 --> 01:39:07.700]  But she filed, the order was without prejudice, so that means we can file it again.
[01:39:07.700 --> 01:39:10.700]  Perfect. She told you how to fix it.
[01:39:10.700 --> 01:39:13.700]  She told us how to fix it.
[01:39:13.700 --> 01:39:26.700]  I've got to find someone who understands specifically that, but now we have to go to this new attorney whose only appearance is this notice of the opposition of our motion
[01:39:26.700 --> 01:39:35.700]  filed, you know, like just hours before, and she was a little upset that she had to stay up during the night and work hard the next morning to file this notice.
[01:39:35.700 --> 01:39:38.700]  A very short notice, but there you go.
[01:39:38.700 --> 01:39:42.700]  Is it her fifth attorney, by the way?
[01:39:42.700 --> 01:39:45.700]  Good. So you've annoyed her attorney.
[01:39:45.700 --> 01:39:52.700]  The attorney won't be annoyed at you because the way you explained it, you couldn't answer for the other litigants.
[01:39:52.700 --> 01:39:53.700]  Yeah.
[01:39:53.700 --> 01:39:58.700]  So she has to be annoyed at her own client.
[01:39:58.700 --> 01:40:02.700]  A woman would hope so.
[01:40:02.700 --> 01:40:06.700]  So the judge ruled against you here.
[01:40:06.700 --> 01:40:08.700]  What is next?
[01:40:08.700 --> 01:40:13.700]  That's that we have a status conference hearing next Tuesday.
[01:40:13.700 --> 01:40:22.700]  I think it is on the 22nd, the status conference to say where we are in the proceedings leading towards trial.
[01:40:22.700 --> 01:40:32.700]  And I can't imagine the judge is going to be happy that this is within her bankruptcy and adversary proceeding. This is her fifth attorney.
[01:40:32.700 --> 01:40:42.700]  And each one's withdrawn for lack of the client's lack of, you know, adherence to the contract.
[01:40:42.700 --> 01:40:52.700]  And basically she's not paying them or she pays them a little bit and this guy said, I'm tired of babysitting her and he actually put in his declaration.
[01:40:52.700 --> 01:40:55.700]  She refuses to produce discovery.
[01:40:55.700 --> 01:41:05.700]  She refuses to follow my, you know, advice and there are documents missing which she refuses to produce, which is great for us because I just...
[01:41:05.700 --> 01:41:06.700]  Yeah.
[01:41:06.700 --> 01:41:11.700]  I'm hearing an annoyed lawyer throwing their client under the bus.
[01:41:11.700 --> 01:41:14.700]  Yeah.
[01:41:14.700 --> 01:41:16.700]  I am too.
[01:41:16.700 --> 01:41:29.700]  And then I find this which I think will help a lot of people on the show and discovery that a good faith obligation a party must make a good faith effort in obtaining documents responsive to the request.
[01:41:29.700 --> 01:41:31.700]  It gives case law.
[01:41:31.700 --> 01:41:34.700]  Then it says possession, custody or control.
[01:41:34.700 --> 01:41:41.700]  The case law is very clear when it comes to responses to interrogators, request for admissions and document request.
[01:41:41.700 --> 01:41:50.700]  A party cannot plead ignorance to information which can be obtained from sources under his control.
[01:41:50.700 --> 01:41:58.700]  Even if a party does not possess an item covered by an inspection demand, the party may nonetheless control it.
[01:41:58.700 --> 01:42:06.700]  And federal courts have found that a party has control over the following individuals and entities for purposes of producing documents.
[01:42:06.700 --> 01:42:21.700]  A party's lawyer, family members, experts, insurers, agents or employees, officers, shareholders and managers, tax records and those are some of the things we've been asking for and she refuses to produce,
[01:42:21.700 --> 01:42:26.700]  saying it's too burdensome and too expensive.
[01:42:26.700 --> 01:42:29.700]  Well, you have the money to pay lawyers.
[01:42:29.700 --> 01:42:37.700]  I guess, you know, you could afford $5 for a copy of the check and a statement which, you know, three years of bank statements.
[01:42:37.700 --> 01:42:38.700]  That should be enough.
[01:42:38.700 --> 01:42:42.700]  Two years of tax returns or three years you can get from the IRS for free.
[01:42:42.700 --> 01:42:55.700]  And the statute and case law make it very clear that a party and the attorney must be proactive in obtaining the information and documents in response to a request.
[01:42:55.700 --> 01:43:06.700]  If a person writing this box would take the time and do the response correctly because this is the discovery device where issue, evidence and terminating sanctions are mostly granted.
[01:43:06.700 --> 01:43:17.700]  So in figuring we can bring this up to the judge, what I just found, and bring up, you know, the fact that we didn't see a notice of appearance.
[01:43:17.700 --> 01:43:31.700]  So it was very confusing with the withdrawal of her attorney because he withdrew substituted the clients in as proceeds and he had to change that back and say the court that I had to withdraw that and, you know, do it another way.
[01:43:31.700 --> 01:43:36.700]  So he had 14 more days.
[01:43:36.700 --> 01:43:37.700]  Okay.
[01:43:37.700 --> 01:43:38.700]  Hang on.
[01:43:38.700 --> 01:43:43.700]  I'm totally confused.
[01:43:43.700 --> 01:43:47.700]  Randy Kellman, Randy Kellman.
[01:43:47.700 --> 01:43:48.700]  We're off our radio.
[01:43:48.700 --> 01:43:49.700]  I know.
[01:43:49.700 --> 01:43:51.700]  I'm not going to get out to call in number.
[01:43:51.700 --> 01:43:54.700]  We've still got a board full of callers and only one segment left.
[01:43:54.700 --> 01:44:22.700]  We'll be right back.
[01:44:22.700 --> 01:44:48.700]  We'll be right back.
[01:44:48.700 --> 01:45:14.700]  We'll be right back.
[01:45:14.700 --> 01:45:43.700]  We'll be right back.
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[01:45:52.700 --> 01:46:08.700]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[01:46:08.700 --> 01:46:34.700]  We'll be right back.
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[01:47:00.700 --> 01:47:05.700]  All right.
[01:47:05.700 --> 01:47:07.700]  We are back.
[01:47:07.700 --> 01:47:09.700]  Rule of Law Radio, Randy Kelton.
[01:47:09.700 --> 01:47:14.700]  I'm Brett Fountain and we are talking with Tina in California.
[01:47:14.700 --> 01:47:26.700]  Tina, Randy is busy coughing right now and he says, let's see.
[01:47:26.700 --> 01:47:34.700]  All right.
[01:47:34.700 --> 01:47:48.700]  So I'm just wondering how we, you know, if our plan to for the status conference is obviously the judges going to say something and they usually let attorneys say something first.
[01:47:48.700 --> 01:47:57.700]  Our plan is to let the attorney say whatever and then come up with these couple of facts and just say, Your Honor, we are really tired of waiting.
[01:47:57.700 --> 01:47:59.700]  We have been patient enough.
[01:47:59.700 --> 01:48:05.700]  You gave us an extra 60 days, gave her 60 days more to file and to produce.
[01:48:05.700 --> 01:48:08.700]  We did what we thought was the right remedy.
[01:48:08.700 --> 01:48:16.700]  Obviously, it was not quite procedurally correct and we apologize when we will try to correct that when we refile.
[01:48:16.700 --> 01:48:19.700]  But, you know, she may give her more time.
[01:48:19.700 --> 01:48:20.700]  I don't know.
[01:48:20.700 --> 01:48:24.700]  With a new attorney, it's hard to read this judge.
[01:48:24.700 --> 01:48:30.700]  She's been very good to us and patient and very professional so far.
[01:48:30.700 --> 01:48:37.700]  What are your thoughts?
[01:48:37.700 --> 01:48:44.700]  Well, generally, as you get into the higher courts, judges tend to be more professional.
[01:48:44.700 --> 01:48:54.700]  They're used to judges mostly in municipal courts and those are the worst of the worst.
[01:48:54.700 --> 01:48:57.700]  As you get higher up, they try to be more professional.
[01:48:57.700 --> 01:49:04.700]  But judges run out of patience.
[01:49:04.700 --> 01:49:17.700]  The fact that this new attorney is taking over, that this client has obviously been hiring attorneys and not paying them.
[01:49:17.700 --> 01:49:19.700]  But it's hard to say.
[01:49:19.700 --> 01:49:31.700]  You don't know where the judge's head is at because the judge may want to cut this lawyer some slack and give the lawyer an opportunity to earn her pay.
[01:49:31.700 --> 01:49:35.700]  So, it's pretty hard to say. It's kind of a crap shoe here.
[01:49:35.700 --> 01:49:42.700]  But just be patient and not aggressive and just say, you know, Your Honor, we feel we've been patient enough.
[01:49:42.700 --> 01:49:52.700]  I personally think, well, all of us think that if she gives us her tax returns and all of her bank statements that we've requested, she's going to bury herself.
[01:49:52.700 --> 01:49:54.700]  And that's why she doesn't want to produce them.
[01:49:54.700 --> 01:49:58.700]  And she won't produce copies of the checks she claims she paid me.
[01:49:58.700 --> 01:50:02.700]  She says she's ordered them six months ago and it takes seven days to get them.
[01:50:02.700 --> 01:50:04.700]  I still haven't got them.
[01:50:04.700 --> 01:50:12.700]  So, I don't think she... I think she knows that she can't prove that she paid me all that I am owed from the sale of my property.
[01:50:12.700 --> 01:50:14.700]  So, I guess we'll just...
[01:50:14.700 --> 01:50:18.700]  She's stuck in a rock and a hard place.
[01:50:18.700 --> 01:50:20.700]  Yeah.
[01:50:20.700 --> 01:50:27.700]  That's what happens when you get someone like Bettina after you who never goes away.
[01:50:27.700 --> 01:50:31.700]  And eventually run out on maneuvers.
[01:50:31.700 --> 01:50:33.700]  Mm-hmm.
[01:50:33.700 --> 01:50:38.700]  Yeah, well, that's your fault, Brandy Newbred.
[01:50:38.700 --> 01:50:40.700]  You told me this.
[01:50:40.700 --> 01:50:46.700]  Although, I must admit, I'm kind of having a day to day where I've got so much going on with all the cases.
[01:50:46.700 --> 01:50:50.700]  I feel almost like I can't do this anymore.
[01:50:50.700 --> 01:50:58.700]  I've really come at the point where how can I fit everything into the day, do the research, get everything filed and written.
[01:50:58.700 --> 01:51:06.700]  It's becoming... You know, I just feel like, wow, we fight and fight and fight and there is no justice in this court.
[01:51:06.700 --> 01:51:16.700]  We have a two-tiered court system here where if you have the money and the power and, you know, the corporations or the banks, whatever it is,
[01:51:16.700 --> 01:51:23.700]  you get justice and if you're like me who, you know, profane and you can't get any help.
[01:51:23.700 --> 01:51:31.700]  They want to push you aside and, you know, if you're of limited means, you get very little justice.
[01:51:31.700 --> 01:51:40.700]  And it just gets to the point where you get frustrated with the system because you get lost in it.
[01:51:40.700 --> 01:51:46.700]  And we understand that and we're struggling to find methodologies.
[01:51:46.700 --> 01:52:00.700]  We need to get you some lawsuits set up where you can pick a fight, go in, beat them up and get them to come to the table and make a deal and get funded.
[01:52:00.700 --> 01:52:05.700]  And I'm working on those tools.
[01:52:05.700 --> 01:52:11.700]  Well, that would be good. I could probably find a couple of those where I need them.
[01:52:11.700 --> 01:52:17.700]  But, you know, it just gets to the point where you think, where do I go next?
[01:52:17.700 --> 01:52:23.700]  I'm going to try to hang in. I did talk with someone who I hope comes on your show tomorrow night.
[01:52:23.700 --> 01:52:31.700]  He will be a new caller, a very interesting story and he is trying to help people.
[01:52:31.700 --> 01:52:37.700]  He was thrown in prison, kind of, a little bit of a figure and he's been through it and that's how he learned.
[01:52:37.700 --> 01:52:42.700]  Went to the law library every day and learned the law to...
[01:52:42.700 --> 01:52:48.700]  Send me an email to tell me who he is so I'll recognize him when he shows.
[01:52:48.700 --> 01:52:52.700]  Okay, I will. I hope he comes on tomorrow. I'll talk to him about you.
[01:52:52.700 --> 01:52:54.700]  Okay.
[01:52:54.700 --> 01:52:58.700]  Anyway, go to the caller. I'll talk to you later.
[01:52:58.700 --> 01:53:02.700]  Thank you very much. Okay, now we've got enough time for one more caller.
[01:53:02.700 --> 01:53:07.700]  I see a Moscow and Scott. I won't be able to get you today.
[01:53:07.700 --> 01:53:11.700]  If you'll call back tomorrow, we will take you early on the board.
[01:53:11.700 --> 01:53:19.700]  Okay, we're going to EJ in California. Hello, EJ. What do you have for us today?
[01:53:19.700 --> 01:53:21.700]  Hi, Randy. Hi, Brett.
[01:53:21.700 --> 01:53:31.700]  I'm just calling to follow up to see if we can go through the timeline, the chronological time of events,
[01:53:31.700 --> 01:53:38.700]  on the phone battery to false accusations against me.
[01:53:38.700 --> 01:53:41.700]  Did you email that to me?
[01:53:41.700 --> 01:53:50.700]  Yes, it was emailed last week. I know you're very, very busy. I know that, but I'm just calling anyway to say hello.
[01:53:50.700 --> 01:53:56.700]  There are a few things that I need, little facts or just chronological.
[01:53:56.700 --> 01:54:02.700]  Like investigator, I talked to this investigator. I talked to this, you know, police, who's that called?
[01:54:02.700 --> 01:54:14.700]  Like the three officers who took the report and then afterward, I talked to a detective afterwards.
[01:54:14.700 --> 01:54:21.700]  To fit some there. Like you said, you're going to remember bits and pieces. Oh, yeah, I remember that.
[01:54:21.700 --> 01:54:35.700]  But just calling to say hello and whenever you get a chance, like to go over, like, maybe the first five that happened that occurred.
[01:54:35.700 --> 01:54:41.700]  Will you resend me the email and I'll look at it when I get up in the morning?
[01:54:41.700 --> 01:54:46.700]  Okay, sounds good. Thank you so much. I hope you guys are having a really wonderful evening.
[01:54:46.700 --> 01:54:48.700]  Okay.
[01:54:48.700 --> 01:54:51.700]  Yeah, thank you.
[01:54:51.700 --> 01:54:57.700]  Thank you very much, E.J. Now we're going to go to, it looks like a first time caller.
[01:54:57.700 --> 01:55:03.700]  Wow, just as I was about to go to, it dropped off.
[01:55:03.700 --> 01:55:10.700]  Okay, we have Scott in 407 area code. Talk to us, Scott.
[01:55:10.700 --> 01:55:13.700]  407.
[01:55:13.700 --> 01:55:18.700]  What state?
[01:55:18.700 --> 01:55:20.700]  Hello?
[01:55:20.700 --> 01:55:22.700]  Hello, what state are you at?
[01:55:22.700 --> 01:55:24.700]  Georgia.
[01:55:24.700 --> 01:55:27.700]  Georgia, okay.
[01:55:27.700 --> 01:55:35.700]  Fortunately, I'm in Texas and we speak redneck down here, but I'm fluent in hillbilly.
[01:55:35.700 --> 01:55:40.700]  Okay, what do you have for us today?
[01:55:40.700 --> 01:55:42.700]  Well, I'm going to sit here.
[01:55:42.700 --> 01:55:44.700]  Quickly, we only have three minutes.
[01:55:44.700 --> 01:55:46.700]  What you're speaking on.
[01:55:46.700 --> 01:55:58.700]  And the question is, what if there's a person that's moving their court claim to the court and they exercise their first amendment, bring him a speech,
[01:55:58.700 --> 01:56:09.700]  and they write the petition in yieldment for redress and grievance, and this person files five petitions of redress into the record,
[01:56:09.700 --> 01:56:16.700]  and each petition is left unrebuted or unanswered.
[01:56:16.700 --> 01:56:18.700]  What's your opinion on that one, that record?
[01:56:18.700 --> 01:56:30.700]  Okay, you're using the term petition. Did the document contain a statement of facts?
[01:56:30.700 --> 01:56:33.700]  Yes.
[01:56:33.700 --> 01:56:41.700]  Facts contained in, okay, what did the petition purport to do?
[01:56:41.700 --> 01:56:53.700]  It stayed on the record. It gave instances of what actually happened or what happened through the unlawful seizure.
[01:56:53.700 --> 01:57:04.700]  Okay, then in effect, what you were filing was a notice to the court to take judicial notice.
[01:57:04.700 --> 01:57:12.700]  The document is not controlled by the title. The document is controlled by what it is.
[01:57:12.700 --> 01:57:28.700]  So if you file a statement of facts into the record, that statement of facts is, in a sense, a request that the court take judicial notice of these facts.
[01:57:28.700 --> 01:57:41.700]  So those facts, if they go unrebuted and go unrebuted, what that means will change with each state.
[01:57:41.700 --> 01:57:54.700]  And the states don't always have a specific time limit on how long you have to rebut a fact or a statement of facts.
[01:57:54.700 --> 01:58:04.700]  Most of them have a time limit before the issue comes to the court, like generally seven days.
[01:58:04.700 --> 01:58:09.700]  So it probably won't mature until just before the court.
[01:58:09.700 --> 01:58:17.700]  But we're out of time to speak to this effectively today. If you can call back tomorrow, we'll pull you up early and address this.
[01:58:17.700 --> 01:58:19.700]  All right.
[01:58:19.700 --> 01:58:25.700]  Okay, thank you. And this is Randy Kelton, Brett Fountain, River Rail Radio.
[01:58:25.700 --> 01:58:28.700]  And actually, I think I know who that guy is.
[01:58:28.700 --> 01:58:36.700]  He's been writing a lawsuit and I've been treating him like I did Scott Richardson and he's getting pretty good at what he's doing.
[01:58:36.700 --> 01:58:50.700]  We'll be back tomorrow night. Thank you all for listening and good night.
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