ROL_2021-11-26_16k_Hr3-4.timecode
[00:00.000 --> 00:06.760] The following news flash is brought to you by The Lowest Star of Lowdown.
[00:06.760 --> 00:13.440] Markets for Monday the 22nd of July 2019 Open with Precious Metals, Gold $1,429.00, Silver
[00:13.440 --> 00:24.160] $16.45.00, Copper $2.75.00, Oil, Texas Crude $55.63.00, Brent Crude $62.47.00, and Cryptos
[00:24.160 --> 00:34.760] and Order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP, Ripple $0.33, Lite
[00:34.760 --> 00:41.560] Coin $100.31, and Bitcoin Cash is at $324.10, a crypto coin.
[00:41.560 --> 00:52.440] Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.440 --> 00:57.760] on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.760 --> 01:04.760] 10 and injuring 40 today in history.
[01:04.760 --> 01:09.800] In recent news, since the Governor Greg Abbott signed House Bill 1325 legalizing Hempett attacks
[01:09.800 --> 01:14.400] his law back in June, county prosecutors around the state, including Houston, Austin and San
[01:14.400 --> 01:18.840] Antonio, have been dropping marijuana possession charges and even refusing to file new ones
[01:18.840 --> 01:22.720] since they are stipulating that they do not have the time or the laboratory equipment
[01:22.720 --> 01:24.800] to test the herb for THC.
[01:24.800 --> 01:28.440] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.440 --> 01:33.000] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.000 --> 01:34.000] law.
[01:34.000 --> 01:37.600] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.120] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:54.520] well as other cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.520 --> 01:59.000] who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.720] prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.760] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760] in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480] something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360] It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.640] charged with.
[02:22.640 --> 02:27.440] A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.440 --> 02:32.360] As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.000] shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.500] Pacific Ocean.
[02:39.500 --> 02:43.800] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080] its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 02:51.080] glow.
[02:51.080 --> 03:09.080] This is Rook Rody with a lowdown for July 22, 2019.
[03:09.080 --> 03:26.680] I received my remedy today, came in a box just like the safe, I accepted it for value
[03:26.680 --> 03:27.680] right away.
[03:27.680 --> 03:38.680] It's not a sooner, not later, we are originators and the pathway seems to get straighter every
[03:38.680 --> 03:39.680] day.
[03:39.680 --> 03:48.000] Okay, howdy howdy, Randy Kelton, Brett Felton, Rood of Law Radio.
[03:48.000 --> 03:56.600] On this, the 26th day of November, 2021 and we're talking to Ted in Utah and Ted, we
[03:56.600 --> 03:59.600] have really worked you over.
[03:59.600 --> 04:02.280] Do you feel like we beat you up?
[04:02.280 --> 04:03.280] Yes.
[04:03.280 --> 04:04.280] Ted.
[04:04.280 --> 04:10.080] I didn't need to use the phone about my head and ears, you did it for me.
[04:10.080 --> 04:16.480] Okay, I admit I deliberately did that.
[04:16.480 --> 04:22.280] We weren't so much talking to you as to everybody else.
[04:22.280 --> 04:26.800] It's not too often we get to go to this really basic issue.
[04:26.800 --> 04:31.360] This is the crux of everything we do.
[04:31.360 --> 04:39.280] This is the most important point, if we can get this particular point communicated, this
[04:39.280 --> 04:40.880] will empower people.
[04:40.880 --> 04:49.320] That first step, that first complaint that you file, once you've done that the first
[04:49.320 --> 04:55.600] time and even if you file it on something that doesn't have anything to do with something
[04:55.600 --> 04:57.000] that matters to you.
[04:57.000 --> 05:04.280] I really like to go into a jurisdiction and use an information request to beat them up
[05:04.280 --> 05:05.280] with.
[05:05.280 --> 05:11.640] They always screw up information requests.
[05:11.640 --> 05:17.280] These are records, they seem to feel like they have some kind of ownership on them and
[05:17.280 --> 05:23.720] who do I think I am coming in demanding that they show me their records.
[05:23.720 --> 05:30.240] Ask them for all the full names and compensation amounts for all of the employees in their
[05:30.240 --> 05:34.720] office and they are not going to want to tell you.
[05:34.720 --> 05:37.040] That is rotten and low down.
[05:37.040 --> 05:43.320] I ask for that and they wait till the last minute and they tell me because I guess they
[05:43.320 --> 05:50.280] got the idea that they are not going to like the result if they don't tell me.
[05:50.280 --> 05:58.560] I am hoping, pick a fight, not a big fight, a minor fight, just an annoying fight.
[05:58.560 --> 06:05.000] You get to demonstrate to them how, when a citizen comes down here and asks you for some
[06:05.000 --> 06:12.840] information and you try to screw with that citizen, the sky can fall in on you.
[06:12.840 --> 06:15.720] I am ex-military.
[06:15.720 --> 06:24.080] When we were on a base, if a general was coming to the base, we had to make sure every blade
[06:24.080 --> 06:26.680] of grass was cut perfect.
[06:26.680 --> 06:30.960] Every cigarette butt was picked up, every piece of paper, everything had to be perfect
[06:30.960 --> 06:33.360] on the base.
[06:33.360 --> 06:42.240] There was only one person we were more afraid of than a general and that was a civilian
[06:42.240 --> 06:47.280] because the civilian was the only guy who could march into the general's office and
[06:47.280 --> 06:52.320] crawl down his throat stomping his feet all the way.
[06:52.320 --> 06:59.800] When the citizen got done with the general, everybody was in trouble.
[06:59.800 --> 07:08.560] You are the general and the police and the courts will do everything they can to hide
[07:08.560 --> 07:11.720] that from you.
[07:11.720 --> 07:19.720] Once they figure out that you know that, you will be like I am in the city I live in.
[07:19.720 --> 07:24.440] The city manager has told the police, all the inspectors, all the people who work from
[07:24.440 --> 07:32.920] the city, leave that SOB alone.
[07:32.920 --> 07:40.320] But they won't treat you like an SOB, next time you go in there, oh, yes, Mr. Ted.
[07:40.320 --> 07:47.120] Now do for you, Mr. Ted, how are you doing today, Mr. Ted?
[07:47.120 --> 07:51.320] And that's what I'm hoping, you know, pick a little fight, not a big one.
[07:51.320 --> 07:57.400] If you have an issue, start a fight separate from that issue.
[07:57.400 --> 08:02.760] If you start a fight separate from the issue, especially something you don't care about,
[08:02.760 --> 08:07.400] I had a guy call me recently from Abilene, he was in his office, he got all caught up
[08:07.400 --> 08:14.040] on his work, and he decided to go down to the sea water department and see how they
[08:14.040 --> 08:17.800] handled fluoride in the water.
[08:17.800 --> 08:25.040] And he sent me an email to thank me for what we taught on this show because he went down
[08:25.040 --> 08:31.960] there and they tried to give him a hard time and he said I used your strategies and handle
[08:31.960 --> 08:37.960] them and they wound up giving me everything I wanted and it was just great fun.
[08:37.960 --> 08:41.960] I could pick that fight.
[08:41.960 --> 08:42.960] Yeah.
[08:42.960 --> 08:43.960] Yeah.
[08:43.960 --> 08:44.960] Go ahead.
[08:44.960 --> 08:49.960] I guess I'm going to, hey, I will.
[08:49.960 --> 08:59.680] Hey, I want to go and let you get to your other callers, but how are we going to call
[08:59.680 --> 09:00.680] you?
[09:00.680 --> 09:05.200] Call me, early in the day is better than late in the day.
[09:05.200 --> 09:07.200] I'm saying how early?
[09:07.200 --> 09:08.360] Oh, how early?
[09:08.360 --> 09:10.680] Just don't call me before five o'clock in the morning.
[09:10.680 --> 09:11.680] All right.
[09:11.680 --> 09:12.680] Well, okay.
[09:12.680 --> 09:19.400] Because I'm, I'm old, I get up, I'm generally on the toilet five o'clock in the morning.
[09:19.400 --> 09:21.240] You don't want to talk to me on the toilet.
[09:21.240 --> 09:25.240] See you, my.
[09:25.240 --> 09:32.560] I recently got a butt call from a friend of mine that I hadn't talked to in a long time.
[09:32.560 --> 09:33.560] I get this call.
[09:33.560 --> 09:42.920] So I answered it and I, hello, David, and I hear, are you kidding me?
[09:42.920 --> 09:50.520] I haven't talked to him since then, but when I do, he's going to get an earful.
[09:50.520 --> 09:51.520] So yeah.
[09:51.520 --> 09:52.520] Yeah.
[09:52.520 --> 09:55.200] Yeah, I generally get up pretty early.
[09:55.200 --> 10:03.160] I do my best working early mornings because by daylight I'm getting brain dead, but no
[10:03.160 --> 10:04.160] butt calls.
[10:04.160 --> 10:05.160] Okay.
[10:05.160 --> 10:06.160] All right.
[10:06.160 --> 10:07.160] Okay.
[10:07.160 --> 10:08.160] Thank you, Ted.
[10:08.160 --> 10:09.160] Bye.
[10:09.160 --> 10:14.760] Now, now we're going to go to Scott in Texas.
[10:14.760 --> 10:15.760] Hello, Scott.
[10:15.760 --> 10:18.000] What do you have for us today?
[10:18.000 --> 10:21.000] Did we put you to sleep?
[10:21.000 --> 10:25.520] Don't you be flushing the toilet in the background?
[10:25.520 --> 10:31.600] Oh, man, I was calling in the rescue breath because I didn't think you were going to make
[10:31.600 --> 10:37.200] it and I was like, well, I'll come in to the rescue and I'll be doggy if you didn't show
[10:37.200 --> 10:38.200] up.
[10:38.200 --> 10:42.560] I was like, dang it, man, there goes my whole, my whole body.
[10:42.560 --> 10:48.080] I had one of those power glitches, everything went down and I had a lot of trouble getting
[10:48.080 --> 10:52.160] this thing to come back up.
[10:52.160 --> 10:54.760] So I prayed about it and that got it up.
[10:54.760 --> 10:58.080] Oh, I'm sure you prayed all kinds of things.
[10:58.080 --> 11:01.720] Yeah, I probably shouldn't have asked God to damn it.
[11:01.720 --> 11:07.440] I might have got it up sooner.
[11:07.440 --> 11:17.680] You know, talking with Ted and stuff is probably the same thing that most people have a problem
[11:17.680 --> 11:18.680] with.
[11:18.680 --> 11:24.320] You know, the first step and wait, wait, wait, that brings a question.
[11:24.320 --> 11:29.800] Now Scott has really took these guys on.
[11:29.800 --> 11:38.920] Scott, what did it take to push you over the edge the first time?
[11:38.920 --> 11:44.880] You know, that's what I was kind of sitting there thinking about is I got mad.
[11:44.880 --> 11:55.480] Well, see the thing is, before I really started going after them, I started to learn about
[11:55.480 --> 12:03.200] the law and I was actually going, you know, and looking online and studying stuff and
[12:03.200 --> 12:09.800] I even ran across Eddie Craig's first video that he did a long time ago.
[12:09.800 --> 12:12.960] Wait, wait, wait, Eddie, who?
[12:12.960 --> 12:20.200] You know, that guy that sometimes comes on the air and you know, that guy that does that
[12:20.200 --> 12:22.200] show on Sundays.
[12:22.200 --> 12:24.200] Yeah, that guy.
[12:24.200 --> 12:27.520] Oh, the one we never cut any slack.
[12:27.520 --> 12:32.880] Yeah, and I wound up being a call greener for the guy even.
[12:32.880 --> 12:33.880] How embarrassing.
[12:33.880 --> 12:42.920] So, you know, and when I was, when I started kind of looking into it and, you know, we
[12:42.920 --> 12:50.080] really, I kind of, I got this one ticket for jogging on a dead end road by a cop's around
[12:50.080 --> 12:51.080] here.
[12:51.080 --> 12:59.320] And once I kind of got that ticket, I was really mad about that and so I started looking
[12:59.320 --> 13:00.320] into it.
[13:00.320 --> 13:01.320] What?
[13:01.320 --> 13:06.920] Wait, wait, wait, wait a minute, jogging on a dead end road?
[13:06.920 --> 13:07.920] Yeah.
[13:07.920 --> 13:11.920] There's a law against jogging on a dead end road?
[13:11.920 --> 13:15.160] I wasn't on the sidewalk.
[13:15.160 --> 13:21.840] I was on the street, but it was on a dead end road and the road dead ends just right up
[13:21.840 --> 13:24.480] the street into a field.
[13:24.480 --> 13:28.800] And what was it exactly that was objectionable about that?
[13:28.800 --> 13:29.800] Was it your appearance?
[13:29.800 --> 13:31.920] I mean, what did he complain about?
[13:31.920 --> 13:43.640] Oh, he actually just thought I had a crappy demeanor because I saw the guy early on the
[13:43.640 --> 13:48.840] one street before I crossed over this one street to get, to hit that dead end road
[13:48.840 --> 13:55.360] street and he was staring at me like, you know, he's staring at me like I was some kind
[13:55.360 --> 13:56.360] of thief or something.
[13:56.360 --> 14:02.520] And I was just in basically shorts and a tank top because I was walking, I was supposed
[14:02.520 --> 14:06.680] to go out in that field and go running this field.
[14:06.680 --> 14:11.880] And the guy was looking at me like, you know, like I was some kind of thief or something.
[14:11.880 --> 14:16.680] I kind of stared back at him and was like, well, what the hell is your problem type
[14:16.680 --> 14:17.680] deal?
[14:17.680 --> 14:24.360] Well, I guess he took a fence to the way I was looking at him and when I got on the
[14:24.360 --> 14:28.400] other side of the road, I'm walking up the hill and I'm on that dead end road, well,
[14:28.400 --> 14:37.800] he comes pulling up beside me in his car and he stopped and I stood there and I saw the
[14:37.800 --> 14:44.560] out of the corner of my eye, I saw that cop car and I stopped and I turned and I'm sitting
[14:44.560 --> 14:47.960] there looking at him like, what is your problem now?
[14:47.960 --> 14:54.880] Well, this guy foretold open his door, put both hands on the top of the car and just
[14:54.880 --> 15:04.720] press himself out and start going just banana and start, you know, chewing me out about
[15:04.720 --> 15:06.400] something I don't even remember.
[15:06.400 --> 15:10.600] And I was like, man, you need to just back off.
[15:10.600 --> 15:13.080] I don't even know what the heck your problem is.
[15:13.080 --> 15:20.720] Oh, well, you're not on the sidewalk, I said it's a dead end road, I said, what is your
[15:20.720 --> 15:21.720] problem?
[15:21.720 --> 15:29.560] And this guy was just, he was really, I think he was kind of notorious for being a bully
[15:29.560 --> 15:31.640] with people around here.
[15:31.640 --> 15:37.400] And so a few people out there, they say, oh yeah, he's a real jerk and all this other
[15:37.400 --> 15:38.400] stuff.
[15:38.400 --> 15:47.480] Well, and after finding out firsthand, of course, well, so he gave me the ticket and
[15:47.480 --> 15:55.720] I was so mad when he started, because he was, he was one, he said, you need to sign this
[15:55.720 --> 15:56.720] or do something.
[15:56.720 --> 16:01.120] I said, I'm not signing anything because well, I'm going to throw you in jail.
[16:01.120 --> 16:04.960] I said, you just go right ahead and do that.
[16:04.960 --> 16:11.000] And about that time, I remembered I had an appointment the next day and it was pretty
[16:11.000 --> 16:12.000] important.
[16:12.000 --> 16:18.320] And so I said, well, I tell you what, I said, you write that ticket and I will see you in
[16:18.320 --> 16:19.320] court.
[16:19.320 --> 16:24.120] And by that time, you know, he writes it out and another cop shows up and they're kind
[16:24.120 --> 16:26.920] of sitting there trying to read me to write after all that stuff.
[16:26.920 --> 16:30.080] Well, he answered that ticket and I just snatched it out of his hands.
[16:30.080 --> 16:39.000] So I said, I will see you in court and about that time, the music started playing and we
[16:39.000 --> 16:43.400] had to go to a break.
[16:43.400 --> 16:50.320] That was pretty good for a jump, Randy Kelton, Brett Fountain, Rue Laud Radio, I call it number
[16:50.320 --> 17:00.280] 512-646-1984, we'll be right back.
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[18:04.600 --> 18:08.280] In today's America, we live in an us against them society and if we the people are ever
[18:08.280 --> 18:12.320] going to have a free society then we're going to have to stand and defend our own rights.
[18:12.320 --> 18:15.440] Among those rights are the right to travel freely from place to place, the right to
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[19:24.280 --> 19:53.800] Thank you.
[19:53.800 --> 20:00.320] Okay, we are back, Randy Kelton, Brett Fountain, RueLaud Radio and we're talking to Scott
[20:00.320 --> 20:07.120] and, okay I'm muted him, okay there you go, we're talking to Scott and Texas, okay.
[20:07.120 --> 20:12.200] You know Randy I noticed that Scott didn't let you fall off the cliff, what do you think
[20:12.200 --> 20:13.200] about that?
[20:13.200 --> 20:19.920] He'll make me pay for that, he'll never let me hear the end of it.
[20:19.920 --> 20:25.200] I'm going to drive that one home, that was a good one too, that was almost as good as
[20:25.200 --> 20:28.600] the time I was sitting there talking and took it smooth out to break.
[20:28.600 --> 20:31.000] Oh that was so quiet, I got it.
[20:31.000 --> 20:35.680] Yeah he did that a couple of times and that annoyed me, he only did it because it annoys
[20:35.680 --> 20:36.680] me.
[20:36.680 --> 20:39.880] Yeah it's pretty good.
[20:39.880 --> 20:46.240] I think the real reason this cop arrested him is because he blinded the cop with a glow
[20:46.240 --> 20:50.440] off his red neck.
[20:50.440 --> 21:00.480] You know giving back to that cop too, so after he gave me that ticket, well I was still just
[21:00.480 --> 21:08.480] hot boy and so I marched on down to the cop station, the police station and I told him
[21:08.480 --> 21:13.400] I wanted to fill out a complaint against that cop, that was back before I knew anything
[21:13.400 --> 21:19.040] about a T-close complaint because I would have lit him up with about three or four of
[21:19.040 --> 21:20.040] them things.
[21:20.040 --> 21:28.040] But I filled out that complaint against the cop, you know, an internal affairs type deal
[21:28.040 --> 21:37.080] and it took about two or three weeks later and then this lady calls me back up and she
[21:37.080 --> 21:47.480] goes did you fill out this complaint against this cop, I said yes I sure did and she was
[21:47.480 --> 21:52.000] amazed at how detailed it was.
[21:52.000 --> 21:59.240] She said you know I'm reading this and did you ever approach the cop, I said no I never
[21:59.240 --> 22:00.240] did.
[22:00.240 --> 22:07.240] She goes you never took a step forward and I said no I sure didn't, she said this is
[22:07.240 --> 22:14.880] one of the most detailed complaints I have ever seen against the cop.
[22:14.880 --> 22:21.600] I had it wrote out so vividly I guess it was almost like they were there, they could practically
[22:21.600 --> 22:24.600] see this guy being a jerk.
[22:24.600 --> 22:35.360] And that really floored her how detailed it was and she said well we're going to really
[22:35.360 --> 22:42.600] take notice of this, she goes this is one of the best ones we've ever seen, I said okay
[22:42.600 --> 22:51.600] well so there I was supposed to go to court you know the first time over this allegedly
[22:51.600 --> 23:04.080] not on a sidewalk type violation and when I go in there the city attorney he looks up
[23:04.080 --> 23:14.200] at me and he says Mr. Richardson he says we've taken this matter into some serious considerations
[23:14.200 --> 23:20.520] and that cop is back in training he will not be able to appear for this case, this case
[23:20.520 --> 23:29.440] is dismissed and I was like oh well that was easy and so I walked on out grinning real
[23:29.440 --> 23:37.520] big thinking wow that's a different side I've never seen before because usually everybody
[23:37.520 --> 23:46.840] just gets the typical railroading and so I thought well I'll be dog I made a complaint
[23:46.840 --> 23:57.320] against that cop and it really got their attention and what I'm getting at is most
[23:57.320 --> 24:03.680] people especially even when I first started out I didn't know what my rights were I knew
[24:03.680 --> 24:13.000] I had some but I didn't know what they were so but when I went down and started evoking
[24:13.000 --> 24:21.000] or invoking what I thought I knew you know to be correct it certainly started to change
[24:21.000 --> 24:28.560] the tide on thing and then henceforth I just kept learning and kept going on and then you
[24:28.560 --> 24:34.600] know wound up I started having some more issues with the cops like when they smashed my window
[24:34.600 --> 24:40.080] out and all this other stuff and you mean the one where they smashed it out and jerked
[24:40.080 --> 24:49.960] you through it oh you keep saying that jerked me through that window what you keep leaving
[24:49.960 --> 24:56.800] the juiciest part out you keep saying they just snatched me through that window that
[24:56.800 --> 25:05.120] cop opened the door for me no snatched through the window sounds a lot better how many hits
[25:05.120 --> 25:15.080] did you get on that on YouTube oh it got right around two million before they take the channel
[25:15.080 --> 25:25.240] down and oh he's famous and there's in fact there was another YouTuber went around and
[25:25.240 --> 25:31.800] he was doing something he had to go mess around in Addison and that same little cop was there
[25:31.800 --> 25:40.680] and he goes aren't you the cop that smashed out that guy's window yes I am yes I know
[25:40.680 --> 25:53.600] everybody knew about that it went it went mega viral and that was that was kind of outstanding
[25:53.600 --> 26:02.480] in its own right but you know like I say most of the people you know or I would just use
[26:02.480 --> 26:11.560] myself as an example I didn't know what my life was I was wanting to know and so it definitely
[26:11.560 --> 26:20.400] takes effort on your part to start studying is to be able to know codes and stuff and
[26:20.400 --> 26:29.480] once you repeat it enough times he is thirty nine oh three official oppression you know
[26:29.480 --> 26:35.680] witness tampering you know all these other thirty thirty six oh five obstruction thirty
[26:35.680 --> 26:43.200] six oh six shielding thirty six thirty eight oh five you know people listen to us doing
[26:43.200 --> 26:50.160] this show and I think we have the whole panel called memorize that we don't they're about
[26:50.160 --> 26:59.560] what it's got about a dozen yeah a good dozen and in fact you start looking into it it turns
[26:59.560 --> 27:06.480] into probably about twenty that I kind of found because then you start getting into
[27:06.480 --> 27:12.720] criminal street getting conspiracy you know and all these but that's twenty criminal
[27:12.720 --> 27:19.080] complaints and you know like official oppression the biggest one we use is a public official
[27:19.080 --> 27:24.520] exert your proportions exert your authority does not expressly have a non-decision form
[27:24.520 --> 27:33.920] for you access to a German right that's one sentence that's a statute official witness
[27:33.920 --> 27:44.200] tampering obstruction they're all one sentence so twenty sentences you got them all you got
[27:44.200 --> 27:53.120] more than the cops know than the judges know so it's not that big a deal you the penal
[27:53.120 --> 27:59.120] code is relatively large got a whole bunch of stuff in there but ninety percent of it
[27:59.120 --> 28:08.600] you don't care about it's specific to certain obscure situations there are about twenty that
[28:08.600 --> 28:17.040] come up all the time over and over and over once you get those you can take any policeman
[28:17.040 --> 28:27.360] any prosecutor and work them over with their own codes yeah and we can't express enough
[28:27.360 --> 28:32.920] how important it is to read the code and for the most part code criminal procedure and
[28:32.920 --> 28:39.200] penal code first half is all you gotta look at we suggest you read the whole thing through
[28:39.200 --> 28:44.120] don't try to don't bother try to understand all of it first time through you can't understand
[28:44.120 --> 28:50.400] it because it's the way it's structured just read it through all you're doing when you
[28:50.400 --> 28:57.640] read it through is you're laying down mental markers when you go back and read it the second
[28:57.640 --> 29:03.800] time you'll start bumping into those markers and they're all the pieces that start fitting
[29:03.800 --> 29:12.120] together when you read article two point one zero the first time where it says that a judge
[29:12.120 --> 29:22.040] shall keep peace in the state of Texas and in two eleven when a judge sits to sits for
[29:22.040 --> 29:28.840] the purpose of examining into a criminal accusation that is an examining court the second time
[29:28.840 --> 29:35.720] you read it you'll say oh that's what chapter sixteen was referred to and once you've read
[29:35.720 --> 29:42.680] chapter sixteen and then read chapter seventeen four three oh you'll realize what that's referred
[29:42.680 --> 29:52.920] to you'll start stitching these little pieces together I have my prosecuting attorney in
[29:52.920 --> 30:01.840] the county I lived in he warned me about the illegal practice of law everyone knows that
[30:01.840 --> 30:06.480] walking is great exercise but you might not know that the way you walk could predict how
[30:06.480 --> 30:10.960] long you're going to live I'm Dr. Catherine Albrecht and I'll be back to tell you more
[30:10.960 --> 30:17.240] about walking prognostication in just a moment privacy is under attack when you give up data
[30:17.240 --> 30:22.120] about yourself you'll never get it back again and once your privacy is gone you'll find
[30:22.120 --> 30:27.520] your freedoms will start to vanish too so protect your rights say no to surveillance
[30:27.520 --> 30:33.240] and keep your information to yourself privacy it's worth hanging on to this public service
[30:33.240 --> 30:37.800] announcement is brought to you by start page dot com the private search engine alternative
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[30:45.720 --> 30:50.160] could predict how long you're going to live the journal of the american medical association
[30:50.160 --> 30:55.760] reports that older adults who walk one meter per second or faster live longer than expected
[30:55.760 --> 31:00.240] in case you're wondering one meter per second is about two and a quarter miles per hour
[31:00.240 --> 31:05.400] a senior's age gender and walking speed were as good at predicting life expectancy as more
[31:05.400 --> 31:10.600] traditional statistical measures generally speaking faster walkers live longer measuring
[31:10.600 --> 31:15.520] walking speed is quick and inexpensive it only takes a stopwatch some space to walk
[31:15.520 --> 31:20.160] in a few minutes researchers say it could help doctors identify older patients who need
[31:20.160 --> 31:25.160] special care I'm Dr. Catherine Albrecht more news and information at Catherine Albrecht
[31:25.160 --> 31:35.560] dot com I lost my son, my nephew, my uncle, my son on September 11th, 2000 most people
[31:35.560 --> 31:41.600] don't know that a third tower fell on September 11th World Trade Center 7 a 47 story skyscraper
[31:41.600 --> 31:46.160] was not hit by a plane although the official explanation is that fire brought down building
[31:46.160 --> 31:51.120] 7 over 1200 architects and engineers have looked into the evidence and believed there
[31:51.120 --> 31:56.440] is more to the story bring justice to my son, my uncle, my nephew, my son, go to building
[31:56.440 --> 32:03.040] what dot org why it fell why it matters and what you can do logos radio network welcomes
[32:03.040 --> 32:08.360] a new show to our lineup for the new year scripture talk with Nana will begin Wednesday
[32:08.360 --> 32:15.200] January 8th from 8 to 10 p.m. central time our goal is in accord with Matthew 5 16 let
[32:15.200 --> 32:20.200] your light so shine before men that they may see your good works and glorify your father
[32:20.200 --> 32:25.280] which is in heaven we wish to reflect God's light and be a blessing to all those with a
[32:25.280 --> 32:30.720] hearing ear join Nana and guests for both verse by verse Bible studies and topical
[32:30.720 --> 32:36.720] Bible studies designed to provoke unto love and good works our verse by verse Bible studies
[32:36.720 --> 32:41.880] will begin in the book of Matthew where we will discuss one chapter per week our topical
[32:41.880 --> 32:46.880] Bible studies will vary each week and will explore sound doctrine as well as Christian
[32:46.880 --> 32:52.520] character development so mark your calendar and join us live on logo radio network dot
[32:52.520 --> 32:58.640] com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating
[32:58.640 --> 33:23.640] discussion of the scriptures live free speech radio logos radio network dot com yeah yeah
[33:23.640 --> 33:53.640] yeah yeah I won't let you over my non
[33:53.640 --> 33:57.140] Also come in line
[33:57.140 --> 34:00.140] It seems you like the best
[34:00.140 --> 34:05.140] But please take some words to the wise
[34:05.140 --> 34:23.640] Please stop trying to pull the wool over my eyes
[34:23.640 --> 34:28.640] Okay we are back, Randy Kelton Brent Fountain Rule Law Radio
[34:28.640 --> 34:30.640] and Scott on the break
[34:30.640 --> 34:33.140] we were telling stories about you
[34:33.140 --> 34:38.140] and we laughed and we laughed and they kind of run over on the break
[34:38.140 --> 34:44.140] Okay, where were you when you let me run off the cliff?
[34:44.140 --> 34:53.140] I was listening to you brag about how many codes that a person really only has to know
[34:53.140 --> 34:59.140] Oh no, that wasn't bragging, bragging is how many codes I know
[34:59.140 --> 35:09.140] It is not that hard, you know, you look at the law and you see all these stacks and stacks of law books
[35:09.140 --> 35:15.140] For the ordinary individual, there aren't that many you need to know
[35:15.140 --> 35:23.140] and one of the things we do on this show, you'll notice that we keep speaking to the same codes over and over
[35:23.140 --> 35:36.140] Yeah, there are a lot of codes in between these, but over the years we've kind of sorted out those codes you need to know first
[35:36.140 --> 35:40.140] and you need to know most often
[35:40.140 --> 35:45.140] The vast majority of the rest of them I have to look up
[35:45.140 --> 35:55.140] I got this list of codes that I trip over so often that I kind of have them down, but there aren't that many
[35:55.140 --> 36:05.140] The rest of them, I know they're there, I've read the codes a couple of times and something happens or somebody says something
[36:05.140 --> 36:13.140] and the brain goes in and says, wait a minute, we know something about that
[36:13.140 --> 36:19.140] and it points in a direction and I go over there and look it up, I don't have them memorized
[36:19.140 --> 36:26.140] The ones I have memorized, I know I did a presentation to the Republic of Texas group
[36:26.140 --> 36:38.140] and the guy who, the ex-president of that group came to me after the presentation and he said, Mr. Cowton, I don't know how you can remember all of those codes
[36:38.140 --> 36:44.140] and I told him, well, I take this stuff from my memory
[36:44.140 --> 36:47.140] and he said, what's that?
[36:47.140 --> 36:55.140] and this is a true story, I got 50 people looking at me and he said, what is that you take from your memory?
[36:55.140 --> 36:59.140] and my brain went blank
[36:59.140 --> 37:06.140] and he said, that's not a good recommendation
[37:06.140 --> 37:17.140] well, it's that, you listen to someone spitting out these codes one time
[37:17.140 --> 37:22.140] and you don't realize he's spitting out the same codes every time
[37:22.140 --> 37:26.140] people come on the show, they ask questions and I spit out these codes
[37:26.140 --> 37:32.140] and I can spit out these codes because the same ones, there's only a few
[37:32.140 --> 37:37.140] it's not that hard to become proficient
[37:37.140 --> 37:40.140] especially when you're going after public officials
[37:40.140 --> 37:44.140] Chapter 39, Texas Penal Code
[37:44.140 --> 37:48.140] everybody should read that two or three times
[37:48.140 --> 38:00.140] Chapter 39 is the section that addresses crimes and improper procedures by public officials
[38:00.140 --> 38:03.140] and there aren't that many of them, there's only a few
[38:03.140 --> 38:09.140] and for the most part, we only use the three or four of them
[38:09.140 --> 38:14.140] Chapter 38, there's only one code I use in Chapter 38
[38:14.140 --> 38:19.140] Chapter 32, there are three codes I use and they're all right together
[38:19.140 --> 38:23.140] 32, 46, 7 and 8
[38:23.140 --> 38:28.140] and the primary one I use is 38
[38:28.140 --> 38:31.140] no, you go see these codes, there's not many of them
[38:31.140 --> 38:35.140] just listen to the show, listen to our archives
[38:35.140 --> 38:40.140] you'll notice we speak the same ones over and over and over
[38:40.140 --> 38:46.140] and once you've got those down, these cops will not want anything to do with you
[38:46.140 --> 38:50.140] the courts will not want anything to do with you
[38:50.140 --> 38:57.140] but the main one is 39
[38:57.140 --> 39:01.140] 36 is another really good one
[39:01.140 --> 39:06.140] 36, 05, 6
[39:06.140 --> 39:08.140] what else is 36 Brad?
[39:08.140 --> 39:11.140] I think it's just 35 and 6
[39:11.140 --> 39:15.140] 35 is witness tampering, 36 is obstruction
[39:15.140 --> 39:19.140] 39, 03 is the one we use the most
[39:19.140 --> 39:22.140] and that's official oppression
[39:22.140 --> 39:27.140] 32 has several in that chapter that tend to fit what I run into
[39:27.140 --> 39:31.140] that's criminal simulation
[39:31.140 --> 39:36.140] they're tampering with records, they're making a false statement
[39:36.140 --> 39:41.140] tampering is 37, we've got the chapter is 37
[39:41.140 --> 39:47.140] but the only two I recall ever remembering, ever using out of 37
[39:47.140 --> 39:52.140] 3710, tampering with a government document, 3711
[39:52.140 --> 39:55.140] they're making a public official
[39:55.140 --> 40:05.140] 32, 48, 46 and 48, 47 is peculiar
[40:05.140 --> 40:09.140] 40 is obstruction, removal or concealment of a writing
[40:09.140 --> 40:19.140] no, no, no, 32, 47 is where someone has placed a lien on property
[40:19.140 --> 40:26.140] and if you order them to remove that lien and they don't do it within 6 weeks
[40:26.140 --> 40:32.140] oh, they don't remove it within 21 days
[40:32.140 --> 40:40.140] they just have a class A misdemeanor and 32, 46, 7 and 8
[40:40.140 --> 40:45.140] were passed because the Republic of Texas group
[40:45.140 --> 40:50.140] started filing liens against public officials
[40:50.140 --> 40:53.140] and they started having their own courts
[40:53.140 --> 40:58.140] and these three statutes were put in to stop the Republic of Texas group
[40:58.140 --> 41:01.140] and others who followed them for doing that
[41:01.140 --> 41:06.140] but their problem was once they did that we got to use them
[41:06.140 --> 41:10.140] and we use them against them
[41:10.140 --> 41:18.140] when a court orders me on a class C misdemeanor
[41:18.140 --> 41:22.140] to come to court for an arraignment
[41:22.140 --> 41:28.140] I could use 32, 48, assimilating legal process
[41:28.140 --> 41:32.140] but they are forbidden to order me to come to court
[41:32.140 --> 41:36.140] for an arraignment in a class C misdemeanor
[41:36.140 --> 41:39.140] okay, this sounds complex
[41:39.140 --> 41:42.140] I assure you it is not
[41:42.140 --> 41:46.140] listen to the show a few times, you will notice
[41:46.140 --> 41:50.140] we keep addressing the same codes over and over and over
[41:50.140 --> 41:55.140] Scott, your opinion on that
[41:55.140 --> 41:59.140] I agree, and see, like I said
[41:59.140 --> 42:07.140] the whole problem is people don't know what their rights are
[42:07.140 --> 42:13.140] it makes them feel intimidated on wanting to go
[42:13.140 --> 42:18.140] and use those rights to stand up for them
[42:18.140 --> 42:20.140] I would like to hear from Brett
[42:20.140 --> 42:23.140] because I know he had to go through a lot of stuff
[42:23.140 --> 42:25.140] and when he first started out
[42:25.140 --> 42:33.140] how do you address not knowing what the codes and stuff were
[42:33.140 --> 42:36.140] but you didn't want to start using them
[42:36.140 --> 42:39.140] because that's the biggest hurdle I think a lot of people have
[42:39.140 --> 42:43.140] and being able to start using them
[42:43.140 --> 42:46.140] even though you are still trying to understand them
[42:46.140 --> 42:50.140] most people have to start using them when they are under pressure
[42:50.140 --> 42:53.140] because they have a case going
[42:53.140 --> 42:57.140] so Brett, how did you kind of start
[42:57.140 --> 43:01.140] how was your first experience
[43:01.140 --> 43:05.140] on taking it back to them
[43:05.140 --> 43:09.140] and using the codes against them when you were still kind of learning
[43:09.140 --> 43:13.140] because I know it was a bit of a struggle for me at first
[43:13.140 --> 43:17.140] until I really started listening
[43:17.140 --> 43:22.140] and going about using them with us
[43:22.140 --> 43:27.140] Yeah, I would say for me
[43:27.140 --> 43:32.140] one part of the difficulty at the beginning
[43:32.140 --> 43:35.140] was to get clear in my head
[43:35.140 --> 43:41.140] who to deal with about a given issue
[43:41.140 --> 43:44.140] like I might know that something was wrong
[43:44.140 --> 43:48.140] but I didn't know where to look to find
[43:48.140 --> 43:50.140] what to accuse them of
[43:50.140 --> 43:52.140] and so I would see something
[43:52.140 --> 43:55.140] let's say it was a state official that did this
[43:55.140 --> 44:00.140] and here I'm over looking at some federal issues and...
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[45:45.140 --> 45:47.140] video seminar, tutorials
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[47:07.140 --> 47:11.140] LulavLawRadio
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[48:07.140 --> 48:11.140] LulavLawRadio
[48:37.140 --> 48:41.140] LulavLawRadio
[49:07.140 --> 49:10.140] Here's how you need a criminal complaint to look
[49:10.140 --> 49:14.140] Here's how you need a bar grievance to look
[49:14.140 --> 49:16.140] Here's what you do
[49:16.140 --> 49:20.140] Let me offer a short cut to everybody listening
[49:20.140 --> 49:23.140] Litigation Guides
[49:23.140 --> 49:26.140] You don't really think these lawyers
[49:26.140 --> 49:30.140] make up all these motions and pleadings themselves
[49:30.140 --> 49:34.140] That takes time and time is money
[49:34.140 --> 49:38.140] O'Connor's in Texas is by far
[49:38.140 --> 49:40.140] the best litigation guide
[49:40.140 --> 49:43.140] of any guide in the country
[49:43.140 --> 49:48.140] If you are getting into a legal circumstance
[49:48.140 --> 49:51.140] the first thing you need
[49:51.140 --> 49:55.140] is O'Connor's civil trials
[49:55.140 --> 49:57.140] O'Connor's civil trials
[49:57.140 --> 50:00.140] you can get that by calling a law firm
[50:00.140 --> 50:02.140] and saying, hey guys
[50:02.140 --> 50:05.140] I'm home to school with my kids
[50:05.140 --> 50:08.140] and I want to do a course on law
[50:08.140 --> 50:12.140] Do you have any old litigation guides later on?
[50:12.140 --> 50:17.140] I told a woman in Randall County, Amarillo
[50:17.140 --> 50:21.140] she was trying to find law books
[50:21.140 --> 50:23.140] that would help her with the issues
[50:23.140 --> 50:25.140] and I told her to do that
[50:25.140 --> 50:28.140] The second law firm she called
[50:28.140 --> 50:31.140] the lawyer said, do you have a station wagon
[50:31.140 --> 50:34.140] or a pickup truck?
[50:34.140 --> 50:37.140] What happens is these lawyers
[50:37.140 --> 50:41.140] they buy the latest litigation guides
[50:41.140 --> 50:44.140] O'Connor's civil trials will show you
[50:44.140 --> 50:46.140] every motion you can think of
[50:46.140 --> 50:48.140] how to write the motion
[50:48.140 --> 50:50.140] what the case law they use
[50:50.140 --> 50:52.140] in support of the motion is
[50:52.140 --> 50:54.140] how to argue against the motion
[50:54.140 --> 50:56.140] everything you need to say
[50:56.140 --> 51:00.140] If you write a motion or a pleadings yourself
[51:00.140 --> 51:05.140] the judge will never give it credibility
[51:05.140 --> 51:09.140] but if you get a go to O'Connor's
[51:09.140 --> 51:14.140] O'Connor's has a whole section on forms
[51:14.140 --> 51:17.140] I've got two CDs of O'Connor's forms
[51:17.140 --> 51:20.140] any motion of pleading you can think of
[51:20.140 --> 51:22.140] O'Connor's has it
[51:22.140 --> 51:26.140] and it has jurisdiction, venue
[51:26.140 --> 51:29.140] all the issues associated with this type of motion
[51:29.140 --> 51:33.140] how to argue them, how to argue against them
[51:33.140 --> 51:36.140] you don't have to make up any of this stuff
[51:36.140 --> 51:38.140] you just copy it out of O'Connor's
[51:38.140 --> 51:41.140] and lawyers do that
[51:41.140 --> 51:43.140] and that makes you do that
[51:43.140 --> 51:45.140] the judge looks at this
[51:45.140 --> 51:47.140] or the other attorneys look at it
[51:47.140 --> 51:49.140] and they say, oh I recognize this
[51:49.140 --> 51:52.140] this feels like something that fits into my category
[51:52.140 --> 51:54.140] of what I'm supposed to do something about
[51:54.140 --> 51:58.140] Yes, I had a friend who was my civil go to guide
[51:58.140 --> 52:00.140] and he got in a foreclosure issue
[52:00.140 --> 52:05.140] he's disabled and he wanted a motion for restraining order
[52:05.140 --> 52:08.140] and he sent me one and asked me what I thought of it
[52:08.140 --> 52:10.140] and I looked at it and I said
[52:10.140 --> 52:13.140] this guy's really good at writing pleadings
[52:13.140 --> 52:16.140] I looked at it and I said, piece of crap Ken
[52:16.140 --> 52:19.140] he said, thinking do better, darn right I can
[52:19.140 --> 52:22.140] so I gave him one, he went to court with it
[52:22.140 --> 52:25.140] the attorney on the other side showed up
[52:25.140 --> 52:28.140] and they didn't expect him to
[52:28.140 --> 52:30.140] they went in, the judge gave him his restraining order
[52:30.140 --> 52:33.140] they come out, the lawyer said
[52:33.140 --> 52:36.140] Mr. Magnuson, are you an attorney?
[52:36.140 --> 52:39.140] he said, well no I'm not but my brother is
[52:39.140 --> 52:41.140] did you write this?
[52:41.140 --> 52:44.140] he said, well I had some help
[52:44.140 --> 52:48.140] and the judge, the lawyer said
[52:48.140 --> 52:51.140] that is really good
[52:51.140 --> 52:53.140] and Ken told me about that and I thought
[52:53.140 --> 52:55.140] what the heck
[52:55.140 --> 52:58.140] I took that right out of Carter's forms
[52:58.140 --> 53:02.140] and filled in the blanks
[53:02.140 --> 53:04.140] but the lawyer saw it
[53:04.140 --> 53:07.140] and he looked at that and he said, holy mackerel
[53:07.140 --> 53:12.140] that looks exactly like the ones we use
[53:12.140 --> 53:14.140] how did he do that?
[53:14.140 --> 53:16.140] he was a young lawyer, he wasn't familiar
[53:16.140 --> 53:19.140] with the litigation guide yet
[53:19.140 --> 53:22.140] the judge got it and he looked at it
[53:22.140 --> 53:26.140] he saw everything he expected to see
[53:26.140 --> 53:29.140] exactly where he expected to see it
[53:29.140 --> 53:32.140] the only thing different about the motion
[53:32.140 --> 53:36.140] were the specifics of this particular issue
[53:36.140 --> 53:39.140] so the judge just scanned over all the rest of that
[53:39.140 --> 53:42.140] and went to the meet
[53:42.140 --> 53:45.140] and he had no clue that the lawyer didn't write this
[53:45.140 --> 53:48.140] except for the signature
[53:48.140 --> 53:50.140] and I tell all of you
[53:50.140 --> 53:53.140] if you are writing motions and pleadings
[53:53.140 --> 53:56.140] you haven't done your homework
[53:56.140 --> 53:58.140] whatever state you're in
[53:58.140 --> 54:03.140] find the most popular litigation guide
[54:03.140 --> 54:05.140] in your state
[54:05.140 --> 54:08.140] lawyers buy the latest materials
[54:08.140 --> 54:11.140] and O'Connor's in Texas
[54:11.140 --> 54:15.140] they redo these every two years
[54:15.140 --> 54:19.140] so every two years these lawyers all buy the new ones
[54:19.140 --> 54:22.140] and they push the old ones to the back
[54:22.140 --> 54:25.140] they don't waste time carrying them out
[54:25.140 --> 54:29.140] Eddie Craig called a couple of lawyers
[54:29.140 --> 54:34.140] about if they had any old litigation guides
[54:34.140 --> 54:40.140] he got an 18-foot box truck full of legal books
[54:40.140 --> 54:44.140] the lawyers just wanted them out of their office
[54:44.140 --> 54:46.140] so you don't have to buy all this stuff
[54:46.140 --> 54:50.140] I use a litigation guide that's 6 years old
[54:50.140 --> 54:55.140] I don't care if the cases I'm citing are a few years old
[54:55.140 --> 54:56.140] they don't make any difference
[54:56.140 --> 54:58.140] 99% of the law never changes
[54:58.140 --> 55:02.140] so you can get litigation guides
[55:02.140 --> 55:05.140] that are 3 or 4 or 5 years old, 10 years old
[55:05.140 --> 55:07.140] they don't make much difference
[55:07.140 --> 55:11.140] 99% of your work is already done for you
[55:11.140 --> 55:15.140] that's probably the best information you can get
[55:15.140 --> 55:17.140] from this show
[55:17.140 --> 55:19.140] find your litigation guides
[55:19.140 --> 55:21.140] I'll shut up now Brett
[55:21.140 --> 55:24.140] that's the two points that came to mind
[55:24.140 --> 55:27.140] for me is jurisdictions
[55:27.140 --> 55:30.140] where do you draw the lines of what it is
[55:30.140 --> 55:33.140] that these public officials of ours are doing wrong
[55:33.140 --> 55:36.140] find it in the language of the jurisdiction
[55:36.140 --> 55:40.140] and because it's easy to find something that sounds right
[55:40.140 --> 55:42.140] but it may not really be controlling
[55:42.140 --> 55:45.140] for the person that you're trying to hold accountable
[55:45.140 --> 55:50.140] so if you look for the one that's appropriate for who they are
[55:50.140 --> 55:56.140] just the other day somebody was asking me about full name
[55:56.140 --> 56:00.140] well this guy, this judge here, didn't use his full name
[56:00.140 --> 56:03.140] he used this abbreviation of that nickname
[56:03.140 --> 56:05.140] and his documents don't match
[56:05.140 --> 56:10.140] and he had found something in Homeland Security
[56:10.140 --> 56:13.140] some issue about real ID
[56:13.140 --> 56:17.140] and so then for federal if you're trying to apply for whatever it was
[56:17.140 --> 56:19.140] a passport and a driver's license
[56:19.140 --> 56:21.140] then you have to use your full name
[56:21.140 --> 56:23.140] and he didn't realize that he's mixing and matching
[56:23.140 --> 56:26.140] and that was for me early
[56:26.140 --> 56:28.140] that was something that was difficult for me at first
[56:28.140 --> 56:31.140] is figuring out what applies to whom
[56:31.140 --> 56:37.140] so it does matter that you use your full name
[56:37.140 --> 56:41.140] if you're in a situation of going to the feds
[56:41.140 --> 56:43.140] looking for one of their documents
[56:43.140 --> 56:46.140] but it doesn't apply to a judge who's in this state
[56:46.140 --> 56:49.140] and he's doing state stuff
[56:49.140 --> 56:52.140] so you have to find things that match that jurisdiction
[56:52.140 --> 56:56.140] and then the second issue was making my documents
[56:56.140 --> 56:58.140] structured in a way that they expect
[56:58.140 --> 57:02.140] and when they look at it they feel like respecting it
[57:02.140 --> 57:05.140] instead of just throwing it out
[57:05.140 --> 57:09.140] when you find a document
[57:09.140 --> 57:12.140] you want the judge to look at it
[57:12.140 --> 57:16.140] and not notice anything out of place
[57:16.140 --> 57:19.140] you want your document to look like
[57:19.140 --> 57:23.140] the document's all the lawyers file
[57:23.140 --> 57:27.140] and you'll find that in the litigation guide
[57:27.140 --> 57:32.140] what happened to Ken, he got his restraining order
[57:32.140 --> 57:35.140] because the judge looked at it
[57:35.140 --> 57:40.140] and he had no reason to believe it wasn't written by a lawyer
[57:40.140 --> 57:43.140] because he saw everything he expected to see
[57:43.140 --> 57:45.140] where he expected to see it
[57:45.140 --> 57:50.140] he didn't see man on the land
[57:50.140 --> 57:55.140] family of this piece of coin
[57:55.140 --> 57:58.140] hyphens all the kind of things
[57:58.140 --> 58:00.140] he didn't say anything about
[58:00.140 --> 58:03.140] my blood is red or anything like that
[58:03.140 --> 58:09.140] and it didn't have any highlighting background of things
[58:09.140 --> 58:14.140] one of my veins is super bold
[58:14.140 --> 58:17.140] highlighting is one of my pet peeves
[58:17.140 --> 58:19.140] and it makes judges crazy
[58:19.140 --> 58:22.140] the judge is thinking, do you really think I'm too stupid
[58:22.140 --> 58:24.140] to know what that says?
[58:24.140 --> 58:26.140] you've got to highlight it for me
[58:26.140 --> 58:29.140] I'm insulted
[58:29.140 --> 58:33.140] get the litigation guide that'll do 80% of your work for you
[58:33.140 --> 58:36.140] that's probably the best things we can offer you
[58:36.140 --> 58:40.140] hang on, Randy Kelton, Brett Fountain, Lutaville Radio
[58:40.140 --> 58:44.140] and just for the record, producer Deborah
[58:44.140 --> 58:47.140] I didn't fall off the cliff this time
[58:47.140 --> 59:00.140] If you'd like to make more definite progress in your walk with God, Bibles for America is offering a free study Bible and a set of free Christian books that can really help
[59:00.140 --> 59:06.140] the New Testament recovery version is one of the most comprehensive study Bibles available today
[59:06.140 --> 59:13.140] it's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life
[59:13.140 --> 59:18.140] the free books are a three volume set called basic elements of the Christian life
[59:18.140 --> 59:24.140] chapter by chapter, basic elements of the Christian life clearly presents God's plan of salvation
[59:24.140 --> 59:27.140] growing in Christ and how to build up the church
[59:27.140 --> 59:33.140] to order your free New Testament recovery version and basic elements of the Christian life
[59:33.140 --> 59:40.140] call Bibles for America toll free at 888-551-0102
[59:40.140 --> 59:44.140] that's 888-551-0102
[59:44.140 --> 59:49.140] or visit us online at bfa.org
[59:52.140 --> 59:59.140] You're listening to the Logos Radio Network at LogosRadioNetwork.com
[01:00:00.140 --> 01:00:05.140] The following news flash is brought to you by The Low Star Lowdown
[01:00:05.140 --> 01:00:15.140] Markets for Monday the 22nd of July 2019 open with precious metals gold at $1,429 an ounce silver $16.45 an ounce
[01:00:15.140 --> 01:00:23.140] copper $2.75 an ounce oil Texas crude $55.63 a barrel brand crude $62.47 a barrel
[01:00:23.140 --> 01:00:28.140] and cryptos in order of market cap Bitcoin Core $10,566.52
[01:00:28.140 --> 01:00:36.140] Ethereum $227.26 XRP Ripple $0.33 white coin $100.31
[01:00:36.140 --> 01:00:41.140] and Bitcoin Cash is at $324.10 a crypto coin
[01:00:45.140 --> 01:00:53.140] In history the year 1916 the preparedness day bombing a time suitcase bomb was detonated on Market Street
[01:00:53.140 --> 01:01:00.140] in San Francisco during the World War I preparedness day parade killing 10 and injuring 40 today in history
[01:01:04.140 --> 01:01:11.140] and recent news since Governor Greg Abbott signed House Bill 1325 legalizing hemp into taxes law back in June
[01:01:11.140 --> 01:01:17.140] County prosecutors around the state including Houston, Austin, and San Antonio have been dropping marijuana possession charges
[01:01:17.140 --> 01:01:21.140] and even refusing to file new ones since they are stipulating that they do not have the time
[01:01:21.140 --> 01:01:27.140] or the laboratory equipment to test the earth for THC. Margaret Moore the Travis County District Attorney
[01:01:27.140 --> 01:01:32.140] announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.140 --> 01:01:38.140] because of the law. Mr. Abbott and other state officials including the attorney general stipulated in a letter to county
[01:01:38.140 --> 01:01:44.140] district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate
[01:01:44.140 --> 01:01:52.140] a misunderstanding of how HB 1325 works as well as other cities too like the district attorney in El Paso
[01:01:52.140 --> 01:01:58.140] Kyma Esparza a Democrat who also stated earlier this month that the law quote will not have an effect on the
[01:01:58.140 --> 01:02:04.140] prosecution of marijuana cases in El Paso. However the issue was succinctly summarized by Mr. Brandon Ball
[01:02:04.140 --> 01:02:10.140] an assistant public defender in Harris County who stated that quote the law is constantly changing on what makes something
[01:02:10.140 --> 01:02:16.140] illegal based on its chemical makeup. It's important that if someone is charged with something the test matches
[01:02:16.140 --> 01:02:26.140] what they're charged with. A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:26.140 --> 01:02:33.140] as the first of its kind in the Gulf of Mexico. The specimen being only the second pocket shark ever captured
[01:02:33.140 --> 01:02:39.140] or recorded with the other one being found way back in 1979 in the East Pacific Ocean. According to the University
[01:02:39.140 --> 01:02:47.140] paper the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized
[01:02:47.140 --> 01:02:51.140] to lure and prey who may be drawn into the glow.
[01:02:51.140 --> 01:03:08.140] This is Ruth Rody with the lowdown for July 22, 2019.
[01:03:22.140 --> 01:03:29.140] I will live by my father's house until he returns.
[01:03:29.140 --> 01:03:37.140] I will live by my father's house until he has a name with his face and with arms.
[01:03:37.140 --> 01:03:43.140] I will aid my concern. I will live by my father's house.
[01:03:43.140 --> 01:03:54.140] I will live by my father's house until he has a name with his face and with arms.
[01:03:54.140 --> 01:04:01.140] I will guard these walls if they say they come to take his place.
[01:04:01.140 --> 01:04:06.140] I will live by my father's house until he has a name with his face and with arms.
[01:04:06.140 --> 01:04:14.140] I will guard these walls if they say they come to take his place.
[01:04:14.140 --> 01:04:21.140] I will guard these walls if they say they come to take his place.
[01:04:21.140 --> 01:04:47.140] I will guard these walls if they say they come to take his place.
[01:04:47.140 --> 01:04:55.140] I thought that was pretty clever where I got Brett wound up and he fell off the cliff.
[01:04:55.140 --> 01:05:08.140] I thought, man, this is good. I got both of you falling off the cliff now.
[01:05:08.140 --> 01:05:12.140] I'm hoping everybody else can listen.
[01:05:12.140 --> 01:05:20.140] Scott, you know, he's an ordinary people. Ordinary people can do this.
[01:05:20.140 --> 01:05:25.140] Even a redneck can do this.
[01:05:25.140 --> 01:05:27.140] Isn't that right, Scott?
[01:05:27.140 --> 01:05:30.140] Yeah, that's right.
[01:05:30.140 --> 01:05:39.140] Scott was called when he started this show, asking us what he should do.
[01:05:39.140 --> 01:05:46.140] We gave him our best advice as to what we thought he should do.
[01:05:46.140 --> 01:05:50.140] And he actually went out and did it.
[01:05:50.140 --> 01:05:55.140] We told him what he should read and he actually went out and read it.
[01:05:55.140 --> 01:06:03.140] And now he, in Garland Texas, is a force to be reckoned with.
[01:06:03.140 --> 01:06:14.140] I suspect that you could not, at this point, tie up a Garland police officer and throw him as Scott Richardson.
[01:06:14.140 --> 01:06:23.140] How many of you would like to have that reputation in a jurisdiction?
[01:06:23.140 --> 01:06:36.140] We need at least a half a dozen people in every jurisdiction that are so effective and so knowledgeable in their rights and liberties and how to secure them
[01:06:36.140 --> 01:06:44.140] that the police would not even consider pulling them over, much less writing them a ticket.
[01:06:44.140 --> 01:06:56.140] Half a dozen is all it takes because with that, with a half a dozen, the police never know when they're going to run into one of those.
[01:06:56.140 --> 01:07:02.140] So they tend to treat everybody with more deference.
[01:07:02.140 --> 01:07:06.140] Scott, when was the last time you were pulled over?
[01:07:06.140 --> 01:07:19.140] It's been quite some time and generally, most of the time, if I see one in a real-view mirror and if they want to go ahead and run my place,
[01:07:19.140 --> 01:07:24.140] I generally see them fade away so far back in the mirror.
[01:07:24.140 --> 01:07:25.140] I don't ever see them again.
[01:07:25.140 --> 01:07:28.140] Either that or they'll just flat-turn around and go the other way.
[01:07:28.140 --> 01:07:36.140] So I consider that a good thing because all I want to be is left alone.
[01:07:36.140 --> 01:07:50.140] And once you put a couple of cops on the stands and start making them read information requests that you pull from the Texas Department of Public Safety
[01:07:50.140 --> 01:08:00.140] on their authority to be enforcing traffic, I think you get around pretty quick that they don't like that.
[01:08:00.140 --> 01:08:03.140] They get real uncomfortable.
[01:08:03.140 --> 01:08:09.140] And kind of going back to what Brett was talking about, about writing legal documents.
[01:08:09.140 --> 01:08:23.140] One of the biggest hurdles is first knowing what your rights are and how you can use the code to your advantage.
[01:08:23.140 --> 01:08:25.140] That's crucial right there.
[01:08:25.140 --> 01:08:29.140] But the second thing is structuring your documents.
[01:08:29.140 --> 01:08:40.140] And that's where having your statement of facts really comes in because most everybody wants to throw in all this hyperbole and all this other stuff
[01:08:40.140 --> 01:08:44.140] when all you want to do is just state facts.
[01:08:44.140 --> 01:08:50.140] It's really dry and it just sounds plain dry.
[01:08:50.140 --> 01:09:00.140] But that is your case right there that you're wanting to state, especially if you want to follow suit against the guy, you know?
[01:09:00.140 --> 01:09:03.140] And I'm glad you mentioned that.
[01:09:03.140 --> 01:09:07.140] Statement of facts looks pretty dry.
[01:09:07.140 --> 01:09:09.140] You remember the TV program?
[01:09:09.140 --> 01:09:11.140] Just a facts, ma'am.
[01:09:11.140 --> 01:09:16.140] Well, just a facts is not just a facts.
[01:09:16.140 --> 01:09:25.140] In my opinion, the most powerful part of your document is your statement of facts.
[01:09:25.140 --> 01:09:35.140] And when I do a document, the statement of facts is the last thing I do because it is an art form.
[01:09:35.140 --> 01:09:40.140] You just don't state every fact you can think of.
[01:09:40.140 --> 01:09:52.140] Once you've made up all of your pleadings, you've put together your points and authorities, your claims, your causes of action and tort claims,
[01:09:52.140 --> 01:10:02.140] and if it's criminal, all the criminal accusations, once you have all that done, then you go back and create a statement of facts.
[01:10:02.140 --> 01:10:06.140] Facts is the last thing you should do.
[01:10:06.140 --> 01:10:21.140] You create your statement of facts so that a reasonable person of ordinary prudence on reading your facts will come to the conclusions that you want them to come to.
[01:10:21.140 --> 01:10:31.140] So you only include those facts that would lead a reasonable person of ordinary prudence to come to the conclusions you want them to come to.
[01:10:31.140 --> 01:10:40.140] Because you will start out with an introduction, you say, okay, this is what I'm going to prove to the court.
[01:10:40.140 --> 01:10:43.140] Now you've framed your case.
[01:10:43.140 --> 01:10:45.140] Then you go to the statement of facts.
[01:10:45.140 --> 01:10:59.140] The reader will read those facts in order to be able to come to the conclusions that you've told them you're going to go to.
[01:10:59.140 --> 01:11:01.140] This is what I'll prove.
[01:11:01.140 --> 01:11:10.140] Now read your facts from the context of coming to the conclusion that you've told them you're going to come to.
[01:11:10.140 --> 01:11:14.140] Then you go down to your points and authorities and support.
[01:11:14.140 --> 01:11:18.140] Then your causes of actions and claims.
[01:11:18.140 --> 01:11:22.140] So you lead the mind of your reader.
[01:11:22.140 --> 01:11:24.140] This is what I'm going to tell you.
[01:11:24.140 --> 01:11:32.140] These are the facts I'm going to show, give you to support what I'm going to tell you.
[01:11:32.140 --> 01:11:40.140] And the reader will try to create your intent from these facts.
[01:11:40.140 --> 01:11:42.140] And then you go to points and authorities.
[01:11:42.140 --> 01:11:47.140] When you create your documents, you do points and authorities first.
[01:11:47.140 --> 01:11:51.140] Then you do causes of action.
[01:11:51.140 --> 01:11:53.140] You do facts last.
[01:11:53.140 --> 01:11:56.140] Does that make sense, Scott?
[01:11:56.140 --> 01:11:58.140] Yes.
[01:11:58.140 --> 01:12:06.140] Here's where it does get into being really creative.
[01:12:06.140 --> 01:12:10.140] What I mean by that is learning the flow.
[01:12:10.140 --> 01:12:19.140] That is another art form of having your facts, even though they sound raw.
[01:12:19.140 --> 01:12:23.140] But it has a continuous flow from start to finish.
[01:12:23.140 --> 01:12:26.140] There's no emotion in it whatsoever.
[01:12:26.140 --> 01:12:29.140] It's just straight facts.
[01:12:29.140 --> 01:12:30.140] He did this.
[01:12:30.140 --> 01:12:31.140] I said that.
[01:12:31.140 --> 01:12:32.140] He did this.
[01:12:32.140 --> 01:12:33.140] I said that.
[01:12:33.140 --> 01:12:34.140] Blah, blah, blah.
[01:12:34.140 --> 01:12:36.140] It just goes right on down the line.
[01:12:36.140 --> 01:12:39.140] But it's learning that flow.
[01:12:39.140 --> 01:12:44.140] And I remember when I was first working with you on some of this stuff.
[01:12:44.140 --> 01:12:49.140] I gave you one of my documents and you threw it back in my face and said, this is total garbage.
[01:12:49.140 --> 01:12:50.140] This is trash.
[01:12:50.140 --> 01:12:51.140] Redo it.
[01:12:51.140 --> 01:12:53.140] I was like, okay.
[01:12:53.140 --> 01:12:55.140] So I went back and redid it and came back.
[01:12:55.140 --> 01:12:57.140] You said, this is garbage too.
[01:12:57.140 --> 01:12:59.140] And I was like, okay.
[01:12:59.140 --> 01:13:05.140] And then you said, read this habeas corpus.
[01:13:05.140 --> 01:13:07.140] And I said, okay.
[01:13:07.140 --> 01:13:11.140] And so I went and read the habeas.
[01:13:11.140 --> 01:13:13.140] And I read it three times.
[01:13:13.140 --> 01:13:16.140] The first time I just read through it.
[01:13:16.140 --> 01:13:19.140] I wasn't paying much attention to anything.
[01:13:19.140 --> 01:13:21.140] I just wanted to read through it.
[01:13:21.140 --> 01:13:27.140] And the second time I started to read through it and I could start to notice a little bit of a flow.
[01:13:27.140 --> 01:13:32.140] The third time I read through it, it was like a light bulb went off.
[01:13:32.140 --> 01:13:39.140] And then when I went back and rewrote that document again, you were like, who wrote this?
[01:13:39.140 --> 01:13:40.140] And I said, why?
[01:13:40.140 --> 01:13:42.140] Which one was it now?
[01:13:42.140 --> 01:13:44.140] Who wrote this?
[01:13:44.140 --> 01:13:53.140] And then I kept just him hoeing around and you finally pissed me off to the point where I was like, I wrote that.
[01:13:53.140 --> 01:13:55.140] Now what's wrong with it?
[01:13:55.140 --> 01:13:57.140] You go like, well, what did you say?
[01:13:57.140 --> 01:14:00.140] I want to hear you say it.
[01:14:00.140 --> 01:14:06.140] It was good.
[01:14:06.140 --> 01:14:08.140] And I did that to him on purpose.
[01:14:08.140 --> 01:14:16.140] There are a few people that come to me and ask for advice and I give them advice that I actually thought of it.
[01:14:16.140 --> 01:14:18.140] Scott was one of them.
[01:14:18.140 --> 01:14:20.140] Brett was another one.
[01:14:20.140 --> 01:14:22.140] But Brett didn't need near the advice.
[01:14:22.140 --> 01:14:27.140] Brett took what I said and ran away from me with it.
[01:14:27.140 --> 01:14:34.140] Scott, he had a particular issue and had no idea how to handle it.
[01:14:34.140 --> 01:14:43.140] He wrote me through the first document, I told him it was a piece of crap and I gave him some issues to address and he addressed those issues.
[01:14:43.140 --> 01:14:45.140] But there were still pieces missing.
[01:14:45.140 --> 01:14:48.140] So I told him that's a piece of crap.
[01:14:48.140 --> 01:14:53.140] The third or fourth one, I think it was the fourth document I got from him.
[01:14:53.140 --> 01:14:56.140] I read it and said, holy crap.
[01:14:56.140 --> 01:15:01.140] This was a nice piece of work.
[01:15:01.140 --> 01:15:09.140] Any lawyer on the planet would have been proud of a document like that one.
[01:15:09.140 --> 01:15:16.140] And over this time I've developed a set of procedures for how to build documents.
[01:15:16.140 --> 01:15:21.140] And Scott was a part of that.
[01:15:21.140 --> 01:15:30.140] I used Scott as a crash dummy, but he taught me how to teach it.
[01:15:30.140 --> 01:15:38.140] I have this, I believe it was 101, and what I learned teaching Scott.
[01:15:38.140 --> 01:15:44.140] And I've got another guy in Georgia, another shot from Georgia.
[01:15:44.140 --> 01:15:49.140] Almost exactly the same scenario.
[01:15:49.140 --> 01:15:57.140] The fourth document he sent me, I asked him, who wrote this?
[01:15:57.140 --> 01:16:03.140] Surely you didn't write this. It was too nicely done.
[01:16:03.140 --> 01:16:07.140] And Scott mentioned about flow.
[01:16:07.140 --> 01:16:14.140] This is not something I talk about much here, but in creating well-structured documents,
[01:16:14.140 --> 01:16:20.140] mental flow is probably the most important part.
[01:16:20.140 --> 01:16:28.140] You want to get the mind of your reader and move the mind of your reader from point to point to point
[01:16:28.140 --> 01:16:35.140] with no interruptions, with no points where you create a question in the mind of your reader
[01:16:35.140 --> 01:16:38.140] that you don't immediately answer.
[01:16:38.140 --> 01:16:43.140] If you create a question in the mind of your reader, you don't know you did it and you screwed up.
[01:16:43.140 --> 01:16:53.140] It's okay to create them, but you need to answer them immediately and you lead your reader from the beginning to the end,
[01:16:53.140 --> 01:16:56.140] always knowing where you have your reader at.
[01:16:56.140 --> 01:16:59.140] Those create powerful documents. We'll be right back.
[01:16:59.140 --> 01:17:05.140] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:14.140 --> 01:17:20.140] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statute,
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[01:17:38.140 --> 01:17:44.140] Personal consultation is available as well. For more information, please visit ruleoflawradio.com
[01:17:44.140 --> 01:17:49.140] and click on the blue Michael Mirris banner or email Michaelmirris at yahoo.com.
[01:17:49.140 --> 01:18:00.140] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:18:00.140 --> 01:18:04.140] I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.140 --> 01:18:08.140] I'm so addicted to the truth now that there's no going back. I need my truths back.
[01:18:08.140 --> 01:18:13.140] I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:13.140 --> 01:18:18.140] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't have any money to give
[01:18:18.140 --> 01:18:22.140] because I spent it all on supplements. How can I help logos?
[01:18:22.140 --> 01:18:27.140] Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos.
[01:18:27.140 --> 01:18:31.140] With ordering your supplies or holiday gifts, first thing you do is clear your cookies.
[01:18:31.140 --> 01:18:37.140] Now, go to LogosRadioNetwork.com, click on the Amazon logo and bookmark it.
[01:18:37.140 --> 01:18:43.140] Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[01:18:43.140 --> 01:18:44.140] Do I pay extra?
[01:18:44.140 --> 01:18:45.140] No.
[01:18:45.140 --> 01:18:47.140] Do you have to do anything different when I order?
[01:18:47.140 --> 01:18:48.140] No.
[01:18:48.140 --> 01:18:49.140] Can I use my Amazon Prime?
[01:18:49.140 --> 01:18:50.140] No.
[01:18:50.140 --> 01:18:51.140] I mean, yes.
[01:18:51.140 --> 01:18:55.140] Wow, giving without doing anything or spending any money, this is perfect.
[01:18:55.140 --> 01:18:57.140] Thank you so much.
[01:18:57.140 --> 01:18:58.140] You're welcome.
[01:18:58.140 --> 01:19:01.140] Happy holidays, logos.
[01:19:28.140 --> 01:19:40.140] Okay, we are back. Randy Kelton, Brett Fountain, Luddite Law Radio, and on the break, Brett
[01:19:40.140 --> 01:19:49.140] and I discussed this, and we decided that it was time to drop Scott like a hot rock.
[01:19:49.140 --> 01:19:59.140] I am so glad y'all are getting beaten up on me and can find somebody else to go pick on.
[01:19:59.140 --> 01:20:07.140] I will certainly let y'all have a happy Thanksgiving to both y'all and all the listeners out there.
[01:20:07.140 --> 01:20:08.140] Thanks, Scott.
[01:20:08.140 --> 01:20:09.140] Thanks for calling.
[01:20:09.140 --> 01:20:10.140] Okay.
[01:20:10.140 --> 01:20:11.140] Thank you, Scott.
[01:20:11.140 --> 01:20:19.140] I'm going to go to Elena in 407.
[01:20:19.140 --> 01:20:20.140] Where is that?
[01:20:20.140 --> 01:20:21.140] Yeah.
[01:20:21.140 --> 01:20:22.140] Hi.
[01:20:22.140 --> 01:20:23.140] Hello.
[01:20:23.140 --> 01:20:24.140] Hello.
[01:20:24.140 --> 01:20:25.140] Hey.
[01:20:25.140 --> 01:20:27.140] What do you have?
[01:20:27.140 --> 01:20:29.140] What state are you in?
[01:20:29.140 --> 01:20:31.140] Florida.
[01:20:31.140 --> 01:20:32.140] Florida.
[01:20:32.140 --> 01:20:39.140] You know, I used to, I was in the military and I was stationed at Homestead Air Base at Homestead
[01:20:39.140 --> 01:20:41.140] south of Miami.
[01:20:41.140 --> 01:20:46.140] I worked at an auto repair place there.
[01:20:46.140 --> 01:20:50.140] I was a mechanic and welder.
[01:20:50.140 --> 01:21:00.140] This guy said that Florida was the southernmost northern state.
[01:21:00.140 --> 01:21:02.140] There weren't any Southerners in Florida.
[01:21:02.140 --> 01:21:05.140] Everybody come from up north.
[01:21:05.140 --> 01:21:06.140] Okay.
[01:21:06.140 --> 01:21:08.140] What do you have for us today?
[01:21:08.140 --> 01:21:13.140] I had a case with discrimination over the mask.
[01:21:13.140 --> 01:21:16.140] I was refused the service in the store.
[01:21:16.140 --> 01:21:18.140] It was January.
[01:21:18.140 --> 01:21:24.140] And I filed the complaint in July.
[01:21:24.140 --> 01:21:32.140] And after that, it was just lots of emotions and dealing with attorneys.
[01:21:32.140 --> 01:21:36.140] What was the nature of the claim that you made?
[01:21:36.140 --> 01:21:43.140] It was a civil rights based on a civil rights act of 1964, 18 years code 242, deprivation
[01:21:43.140 --> 01:21:58.140] of rights, 42 years code 2008, 42 years code 1983, harassment, post imprisonment and later
[01:21:58.140 --> 01:22:07.140] also added practice of medicine without the license.
[01:22:07.140 --> 01:22:14.140] Did you include the Americans Disabilities Act?
[01:22:14.140 --> 01:22:17.140] Is that the 2000A?
[01:22:17.140 --> 01:22:18.140] Yes.
[01:22:18.140 --> 01:22:19.140] Thank you for that.
[01:22:19.140 --> 01:22:20.140] Okay.
[01:22:20.140 --> 01:22:21.140] Good.
[01:22:21.140 --> 01:22:25.140] Are you familiar with our Telegram channel?
[01:22:25.140 --> 01:22:26.140] Oh yes.
[01:22:26.140 --> 01:22:27.140] Yes.
[01:22:27.140 --> 01:22:28.140] Okay.
[01:22:28.140 --> 01:22:29.140] Good.
[01:22:29.140 --> 01:22:30.140] Good.
[01:22:30.140 --> 01:22:31.140] Good.
[01:22:31.140 --> 01:22:36.140] That's good to hear because I'm listening to the claims that you make and I'm kind of
[01:22:36.140 --> 01:22:37.140] intimidated.
[01:22:37.140 --> 01:22:42.140] You're obviously very knowledgeable.
[01:22:42.140 --> 01:22:52.140] So if I say anything really stupid, just pretend like I didn't do it so I don't get embarrassed.
[01:22:52.140 --> 01:22:57.140] Okay.
[01:22:57.140 --> 01:23:03.140] The attorneys of defendants, they emailed me that they're planning to file a motion to
[01:23:03.140 --> 01:23:04.140] dismiss, of course.
[01:23:04.140 --> 01:23:10.140] And after that, I received the discovery question, which I answered in a timely manner.
[01:23:10.140 --> 01:23:18.140] And after that, I tried to send them a discovery question, but they refused to answer them and
[01:23:18.140 --> 01:23:25.140] filed the motion to state discovery until the motion to dismiss is ruled on by the judge.
[01:23:25.140 --> 01:23:26.140] Okay.
[01:23:26.140 --> 01:23:28.140] What was the nature of the motion to dismiss?
[01:23:28.140 --> 01:23:29.140] Did you...
[01:23:29.140 --> 01:23:30.140] Oh, she stopped, stopped, stopped.
[01:23:30.140 --> 01:23:34.140] Did you file in the state or in the Fed?
[01:23:34.140 --> 01:23:36.140] In federal.
[01:23:36.140 --> 01:23:37.140] Okay.
[01:23:37.140 --> 01:23:45.140] Then almost automatically, the other side will file a rule 12B6 motion to dismiss for
[01:23:45.140 --> 01:23:48.140] state of client, did you get that?
[01:23:48.140 --> 01:23:54.140] That's the point that I never received copies of any of the motions.
[01:23:54.140 --> 01:23:58.140] They only let me know that they're planning to do it, but I never received it.
[01:23:58.140 --> 01:23:59.140] And...
[01:23:59.140 --> 01:24:02.140] Oh, wait, wait, stop, stop, stop.
[01:24:02.140 --> 01:24:09.140] Did they not file a motion to dismiss as the first document they filed?
[01:24:09.140 --> 01:24:15.140] They filed it, there was a judicial arrow, and the clerk never sent me copies of any
[01:24:15.140 --> 01:24:17.140] motion, so I never...
[01:24:17.140 --> 01:24:20.140] Okay, hold on, hold on, hold on, let me sit back.
[01:24:20.140 --> 01:24:24.140] Okay, let me explain why I asked that question.
[01:24:24.140 --> 01:24:32.140] When you file a federal lawsuit and you serve the opposing party, the opposing party has
[01:24:32.140 --> 01:24:41.140] until the Monday after the 20th day to file a response, unless they file a rule 12B6 motion
[01:24:41.140 --> 01:24:44.140] to dismiss for failure to state a claim.
[01:24:44.140 --> 01:24:54.140] A rule 12B6 motion stays the requirement to file an answer.
[01:24:54.140 --> 01:25:03.140] What the logic is, is if you have not made a sufficient claim, then it's not necessary
[01:25:03.140 --> 01:25:08.140] to file an answer, that the case should be dismissed beforehand.
[01:25:08.140 --> 01:25:19.140] So either they must file an answer within 20 days after the Monday after the 20th day
[01:25:19.140 --> 01:25:24.140] because they were served, or they must file a 12B6.
[01:25:24.140 --> 01:25:26.140] Did they do either of those?
[01:25:26.140 --> 01:25:30.140] I'm looking at the discharge of the motion to dismiss.
[01:25:30.140 --> 01:25:35.140] Okay, and what was the nature of the motion to dismiss?
[01:25:35.140 --> 01:25:45.140] It was, you know, let me see.
[01:25:45.140 --> 01:25:51.140] What state in the claim I think, and lack of jurisdiction, that's what it was, lack of jurisdiction.
[01:25:51.140 --> 01:26:02.140] And how did they get to, did you make a claim under the Americans with Disabilities Act?
[01:26:02.140 --> 01:26:11.140] I didn't include it, I only included the Civil Rights Act of 1964 and the other US codes.
[01:26:11.140 --> 01:26:16.140] I didn't include ADA in the lawsuit.
[01:26:16.140 --> 01:26:24.140] Okay, what federal claims did you make?
[01:26:24.140 --> 01:26:30.140] Deprivation of rights, discrimination, and that's the place of public accommodation
[01:26:30.140 --> 01:26:32.140] and refusing the service.
[01:26:32.140 --> 01:26:38.140] That's something that they're trying to argue about since they're not the place of public accommodation.
[01:26:38.140 --> 01:26:47.140] It sounds like you did invoke it even if you didn't fight it for 2008.
[01:26:47.140 --> 01:26:54.140] Yeah, and it's not necessary that you say, I filed under 2008.
[01:26:54.140 --> 01:27:01.140] I was in court once with some motions that Robert Fox had filed.
[01:27:01.140 --> 01:27:07.140] A lot of our listeners will remember Robert Fox, passed away a few years ago.
[01:27:07.140 --> 01:27:18.140] And the lawyers on the other side were struggling with his motions to try to figure out what they were.
[01:27:18.140 --> 01:27:26.140] And the point of that was he had some titles on it that wasn't clear,
[01:27:26.140 --> 01:27:31.140] but it didn't make any difference what the title of the motion was.
[01:27:31.140 --> 01:27:36.140] The substance of the motion controlled the motion.
[01:27:36.140 --> 01:27:47.140] So they had to address the motion for what it actually claimed or referenced.
[01:27:47.140 --> 01:27:51.140] Robert Fox was not so good at being specific.
[01:27:51.140 --> 01:28:00.140] Just because your motion did not specifically cite a federal statute,
[01:28:00.140 --> 01:28:08.140] if the substance of the motion pointed at that federal statute, then that was sufficient.
[01:28:08.140 --> 01:28:13.140] Does that make sense, Brent?
[01:28:13.140 --> 01:28:19.140] To me, yeah. I think that makes perfect sense. That's what I was saying. I agree.
[01:28:19.140 --> 01:28:30.140] Okay, so how did they, in their 12B6, and 12B6 has become knee-jerk.
[01:28:30.140 --> 01:28:37.140] Lawyers feel like, since the Ashcroft B. Tomley decision that every motion,
[01:28:37.140 --> 01:28:43.140] every federal case should get a 12B6 motion from the beginning.
[01:28:43.140 --> 01:29:00.140] How did the lawyer, the defendants, address the Americans with Disabilities Act claim?
[01:29:00.140 --> 01:29:05.140] They are saying that in the Civil Rights Act I have been referring to,
[01:29:05.140 --> 01:29:12.140] it's nothing said in the list of specific places that a guidance is a place of public accommodation.
[01:29:12.140 --> 01:29:15.140] They say that this is just what I assume that they are,
[01:29:15.140 --> 01:29:22.140] but it doesn't specifically say that Godly Store is a place of public accommodation.
[01:29:22.140 --> 01:29:24.140] So this is very stupid.
[01:29:24.140 --> 01:29:26.140] Wait a minute. Hold on.
[01:29:26.140 --> 01:29:35.140] They're saying that a grocery store is not specifically a place of public accommodation?
[01:29:35.140 --> 01:29:44.140] They say that they are human, but in the Civil Rights Act it doesn't say that Godly Store is a place of public accommodation specifically.
[01:29:44.140 --> 01:29:47.140] She's saying garden store.
[01:29:47.140 --> 01:29:51.140] But we'll have to check into that some more after our sponsors.
[01:29:51.140 --> 01:30:01.140] 512-646-1984, and we'll be right back.
[01:30:01.140 --> 01:30:05.140] A top cybersecurity expert has a warning for America.
[01:30:05.140 --> 01:30:11.140] If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:11.140 --> 01:30:34.140] I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:41.140 --> 01:30:45.140] Start Over with Start Page.
[01:31:11.140 --> 01:31:37.140] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.140 --> 01:31:39.140] The government says that fire brought it down.
[01:31:39.140 --> 01:31:44.140] 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.140 --> 01:31:47.140] Over 6,000 of my fellow service members have given their lives.
[01:31:47.140 --> 01:31:49.140] And thousands of my fellow first responders have died.
[01:31:49.140 --> 01:31:51.140] I'm not a conspiracy theorist.
[01:31:51.140 --> 01:31:52.140] I'm a structural engineer.
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[01:31:54.140 --> 01:31:56.140] I'm a father who lost his son.
[01:31:56.140 --> 01:31:58.140] We're Americans, and we deserve the truth.
[01:31:58.140 --> 01:32:02.140] Go to RememberBuilding7.org today.
[01:32:02.140 --> 01:32:13.140] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
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[01:33:25.140 --> 01:33:48.140] Okay, we are back. Randy Kelton, Brett Soutman, Rule of Law Radio.
[01:33:48.140 --> 01:33:55.140] We are back. Randy Kelton, Brett Soutman, Rule of Law Radio.
[01:33:55.140 --> 01:34:07.140] And we're talking to Alina in, where are you at?
[01:34:07.140 --> 01:34:10.140] What state are you in?
[01:34:10.140 --> 01:34:13.140] That's Alina and she's in Florida.
[01:34:13.140 --> 01:34:15.140] Okay, Florida. I should have remembered that.
[01:34:15.140 --> 01:34:31.140] Okay, Alina. Okay, the 12B6 motion, while the statute may not specifically address a garden store,
[01:34:31.140 --> 01:34:44.140] it does, on its face, address all businesses open to the general public as opposed to a private membership organization.
[01:34:44.140 --> 01:34:49.140] Have you responded to the 12B6?
[01:34:49.140 --> 01:34:57.140] I didn't because I never received the notice from the clerk because the attorney filed it electronically.
[01:34:57.140 --> 01:35:00.140] And I never received any notice about the motion.
[01:35:00.140 --> 01:35:02.140] Okay.
[01:35:02.140 --> 01:35:10.140] How long from the time, when did the, was the motion filed?
[01:35:10.140 --> 01:35:15.140] It was filed the beginning of July or something like that, a long time ago.
[01:35:15.140 --> 01:35:26.140] Did you not, I never served her. Did you have any knowledge that the motion had been filed?
[01:35:26.140 --> 01:35:33.140] No, only, all the attorney told me is that they're planning to file it.
[01:35:33.140 --> 01:35:39.140] When did you find out that the 12B6 had been filed?
[01:35:39.140 --> 01:35:50.140] So, already when the judge was dismissing the case, because the attorney said that they are planning to file motion to stay the discovery.
[01:35:50.140 --> 01:35:53.140] That's why they didn't want to answer my discovery questions.
[01:35:53.140 --> 01:35:59.140] So, they filed motion for the discovery until the motion to dismiss is ruled on.
[01:35:59.140 --> 01:36:08.140] And after that, the judge denied my motion to compel, granted the motion to stay discovery and dismiss the case.
[01:36:08.140 --> 01:36:13.140] Did he dismiss the case with prejudice?
[01:36:13.140 --> 01:36:20.140] Yes, with prejudice. After that, I filed motion to vacate and the judge asked the attorney to...
[01:36:20.140 --> 01:36:26.140] Okay. What were the grounds for dismissing with prejudice?
[01:36:26.140 --> 01:36:33.140] Lack of jurisdiction and the fact that I never rebutted the motion to dismiss.
[01:36:33.140 --> 01:36:41.140] Okay, since you were served with the motion to dismiss, the clerk is required to give you notice.
[01:36:41.140 --> 01:36:48.140] If it's filed electronically, did you also file your responses electronically?
[01:36:48.140 --> 01:36:58.140] No, I only was mailed to the court and then I mailed.
[01:36:58.140 --> 01:37:03.140] Yeah, I did the same thing.
[01:37:03.140 --> 01:37:07.140] When did you mail your response?
[01:37:07.140 --> 01:37:12.140] Was it within the 30-day time limit?
[01:37:12.140 --> 01:37:20.140] Yeah, motion to vacate, I filed right away and after that, the attorney answered it back to my motion to vacate.
[01:37:20.140 --> 01:37:31.140] It was an outrageous response, talking about my personal character. They used my social media to judge me that I'm trying to
[01:37:31.140 --> 01:37:40.140] inspire people to file lawsuits if our rights have been deprived.
[01:37:40.140 --> 01:37:41.140] Okay.
[01:37:41.140 --> 01:37:47.140] So they're trying to say that I just lost all business, such as my full-time job to submit lawsuits.
[01:37:47.140 --> 01:37:53.140] Okay, Brett, I'm having a look at what we're understanding. Did you understand all that?
[01:37:53.140 --> 01:37:56.140] Not that last part.
[01:37:56.140 --> 01:38:07.140] Okay, so you filed, did you get a response to the 12B6 within the statutory time limit?
[01:38:07.140 --> 01:38:17.140] No, they only responded to my motion to vacate because the judge directed them to respond.
[01:38:17.140 --> 01:38:26.140] And in the response, they said that I don't have any medical exemptions. I don't have religious exemptions.
[01:38:26.140 --> 01:38:38.140] No, hold on. That's irrelevant too. We're trying to get to 12B6 motion filed, timely response to 12B6.
[01:38:38.140 --> 01:38:47.140] But there's no way she could have had a timely response to it because nobody served it to her, so she didn't know it existed until it was being ruled on.
[01:38:47.140 --> 01:38:59.140] And the response does not have to be served. This seems to be a problem with the new electronic filing systems.
[01:38:59.140 --> 01:39:10.140] They filed electronically and the clerk was required to serve you with the answer.
[01:39:10.140 --> 01:39:22.140] If you weren't filed with the answer, if you didn't receive a filing of the answer, you might want to sue the clerk.
[01:39:22.140 --> 01:39:34.140] And what I want to get to is how the judge got to a dismissal without with prejudice.
[01:39:34.140 --> 01:39:44.140] The judge didn't know that I never received the motion because we all found out about this motion right at the end when the judge was already dismissing the case.
[01:39:44.140 --> 01:39:49.140] So now it is a pretty much new fact for the judge that I never was served.
[01:39:49.140 --> 01:40:05.140] So I don't know if the judge is going to reopen the case or still keep it closed, but I did submit the appeal because I had to submit it during the timely manner.
[01:40:05.140 --> 01:40:20.140] So now I just don't know if I should continue trying to submit objections and answer to this motion to rotate answers or I should just wait for the appeal completely.
[01:40:20.140 --> 01:40:25.140] Wait, wait. I'm sorry. I'm having trouble time understanding you.
[01:40:25.140 --> 01:40:35.140] I heard it this time. Yeah. She's saying at this point she's wondering she did file for an appeal. She had to.
[01:40:35.140 --> 01:40:45.140] Time-wise she waited until she had to and then the judge didn't vacate.
[01:40:45.140 --> 01:41:00.140] So she filed for an appeal and she's wondering right now if she should continue to file objections and so forth in the trial court or if she should just wait for the appeal.
[01:41:00.140 --> 01:41:05.140] Wait, hold on. Hold on. She filed an appeal?
[01:41:05.140 --> 01:41:09.140] No, she gave notice to appeal.
[01:41:09.140 --> 01:41:21.140] And if the trial court dismissed without with prejudice, how is the trial court doing anything?
[01:41:21.140 --> 01:41:39.140] Because after the court dismissed with prejudice, the judge did direct the attorney's defendant to answer my motion to vacate. It's kind of like continuing still process with the trial court, but I did submit the appeal already.
[01:41:39.140 --> 01:41:48.140] Okay. So they have, after the judge signs an order, there's a clock ticking. He has a certain number of days. I don't know what it is for federal.
[01:41:48.140 --> 01:42:01.140] There's a certain number of days when the judge has what's called plenary power and it means he can revisit his decision. He can vacate it or he can reconsider things.
[01:42:01.140 --> 01:42:09.140] And so that's why your motion is still being looked at afterwards and then they can still file something.
[01:42:09.140 --> 01:42:22.140] Randy, one thing that you didn't hear what she was saying is that in the response to her motion to vacate, they didn't really address the issues.
[01:42:22.140 --> 01:42:35.140] Instead, they just started ragging on her and judging her about her social media and trying to guess what kind of a person she is and just disparaging her character and so forth.
[01:42:35.140 --> 01:42:43.140] Did she file a response noticing the court that they heard her feelings?
[01:42:43.140 --> 01:42:44.140] Okay.
[01:42:44.140 --> 01:42:46.140] We're just being frivolous.
[01:42:46.140 --> 01:42:58.140] Yeah. That should get motion for sanctions for they just hurt your feelings and disparaging you. It should be irrelevant to the case.
[01:42:58.140 --> 01:43:06.140] What I'm trying to get to is a dismissal with prejudice and what kind of response.
[01:43:06.140 --> 01:43:11.140] In the dismissal with prejudice, was there a judgment?
[01:43:11.140 --> 01:43:16.140] And what does it say?
[01:43:16.140 --> 01:43:29.140] The judge pretty much just went by the motion to dismiss completely. Like what the attorney filed at the beginning. And because I never read about it, I never knew about it.
[01:43:29.140 --> 01:43:35.140] The judge thinks I have nothing to say. So I didn't have a chance to really present any evidence.
[01:43:35.140 --> 01:43:38.140] Wait, wait, wait. Hold on. Something's missing here.
[01:43:38.140 --> 01:43:47.140] In the Fed, an order is not an order unless there is a judgment attached to the order.
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[01:46:49.140 --> 01:47:05.140] The people come down from the hills into the city they will shuffle.
[01:47:05.140 --> 01:47:19.140] Okay, we are back. Randy Kelton, Brett Fountain, Ruva Radio, and there's something that seems to be missing.
[01:47:19.140 --> 01:47:27.140] When an order is issued in the federal court, there must be a judgment issued in conjunction with the order.
[01:47:27.140 --> 01:47:40.140] The order is not complete unless there is a judgment. Do you have a judgment explaining why the order was issued the way it was?
[01:47:40.140 --> 01:47:56.140] The judge specified each point in my complaint, and he agreed with the attorney that our garden store is not being identified as a place of public accommodation.
[01:47:56.140 --> 01:48:08.140] Similarly, as I cannot file for the U.S. Code 2008 for similar reasons that it's not a place of public accommodation based on civil rights facts.
[01:48:08.140 --> 01:48:16.140] What is the definition of a public accommodation under the Civil Rights Act?
[01:48:16.140 --> 01:48:25.140] Yeah, place open to the public and involved in commerce. I just never had a chance to present my side of the story.
[01:48:25.140 --> 01:48:34.140] I was denied access to evidence, so I never necessarily stated my side at all.
[01:48:34.140 --> 01:48:39.140] Okay, and you filed a notice of appeal timely?
[01:48:39.140 --> 01:48:49.140] Yes, timely. At first I stated the judge had been biased, but now knowing that the judge didn't know that I never received the Motion to Dismissed notice,
[01:48:49.140 --> 01:48:54.140] that's why the judge just said that I never reported it.
[01:48:54.140 --> 01:49:09.140] Okay, wait, if the judgment rules that you lack subject matter jurisdiction to begin with, whether or not you were served with an answer becomes kind of irrelevant.
[01:49:09.140 --> 01:49:15.140] Before we have to go back to subject matter jurisdiction first.
[01:49:15.140 --> 01:49:32.140] And what specifically did they say caused you to lack subject matter jurisdiction? Simply the fact that a belonging garden or whatever it was was not a public accommodation.
[01:49:32.140 --> 01:49:39.140] Do you have the definition, the legal definition of public accommodation?
[01:49:39.140 --> 01:49:48.140] I do, and I submitted it in my Motion to Vacate. I included that as well as the fact that I never was served.
[01:49:48.140 --> 01:49:55.140] And that's what the judge directed the defendant to respond on, but they never responded on that part.
[01:49:55.140 --> 01:50:00.140] They just only judged my personal character and some other nonsense they were saying.
[01:50:00.140 --> 01:50:17.140] So they never said if I place a public accommodation or not. And I know that I easily can prove that, but I don't know if I can still continue filing answers and replies to Motion to the Motion,
[01:50:17.140 --> 01:50:23.140] or I should just wait for the appeal and not to do it on the trial court.
[01:50:23.140 --> 01:50:34.140] Sounds to me like you could move for sanctions because they didn't obey the judge. The judge ordered them to respond and all they did was complain about your character.
[01:50:34.140 --> 01:50:39.140] Yeah, that's true. That's true.
[01:50:39.140 --> 01:50:54.140] They never talked about anything else. They talked only about my social media, which is not even that much in my social media, but they still tried to find every comment, every... Like, there was a video I had with Starady,
[01:50:54.140 --> 01:51:07.140] like five-second video where I wear a mask and then I take it off to breathe. And they used just a snapshot of me in the mask to show the judge that I don't have a medical condition.
[01:51:07.140 --> 01:51:13.140] Instead of showing the whole video.
[01:51:13.140 --> 01:51:23.140] Objection-reliance thing. My personal social media is not before this court.
[01:51:23.140 --> 01:51:40.140] And they said that in one of the videos I said I don't want to wear a mask. And of course, I'm not going to talk about my medical and religious reasons on social media, but that's all they were saying.
[01:51:40.140 --> 01:51:45.140] Okay, how long ago did this occur?
[01:51:45.140 --> 01:51:52.140] Within last month. It's all like within last month, a couple of weeks ago.
[01:51:52.140 --> 01:52:10.140] Okay, so we still have time. It's hard to adequately address this issue without seeing the judgment of the court. Generally, a judgment will explain to you what you need to do to fix your pleadings.
[01:52:10.140 --> 01:52:14.140] Have you read the judgment carefully?
[01:52:14.140 --> 01:52:30.140] Yes, but it does say with prejudice. They say that I can't use any of the points I used, like any of the laws I used, that it's not relevant to the case, and I never rebutted the motion to dismiss.
[01:52:30.140 --> 01:52:56.140] Okay, it sounds like if I'm understanding right, I'm having a little trouble with fidelity here. It sounds like they're saying that because of the place that you entered is not specifically designated as a place that affords a public accommodation that you don't have a claim.
[01:52:56.140 --> 01:52:59.140] Am I correct in that?
[01:52:59.140 --> 01:53:07.140] I think so, yes. It's just also because I never said more.
[01:53:07.140 --> 01:53:16.140] Okay, you're saying it's open to the public, and it appears to be public.
[01:53:16.140 --> 01:53:43.140] It walks like a duck and it squawks like a duck. It should be construed like a duck simply because it's not specifically named as a business, and there are probably thousands of businesses that are not specifically named in the statute that the fact that it is not specifically named does not mean it's not a public accommodation.
[01:53:43.140 --> 01:53:53.140] Okay, in my motion to vacate, I did a quote from Civil Rights Act so that any covered establishment is a place of public accommodation.
[01:53:53.140 --> 01:54:22.140] So this actually goes to the definition of public accommodation, or it doesn't seem that, okay, the court can name a number of businesses that would necessarily be a public accommodation, but does the statute addressing public accommodation exclude all businesses
[01:54:22.140 --> 01:54:27.140] that are not specifically named?
[01:54:27.140 --> 01:54:38.140] Well, the only businesses who are not public accommodation are private clubs and churches, and it's definitely not one of them.
[01:54:38.140 --> 01:54:43.140] Okay, I'm struggling. Brett, can you tell me what she said?
[01:54:43.140 --> 01:54:53.140] I believe she was saying the only things which are not the ones that are excluded are private clubs and churches.
[01:54:53.140 --> 01:54:58.140] Is that what you said?
[01:54:58.140 --> 01:55:17.140] So this must necessarily be a public accommodation because it has not been statutorily excluded, and that goes to what is not included is excluded.
[01:55:17.140 --> 01:55:35.140] So those accommodations that are not public accommodations have been stipulated. If this has not been stipulated as something that is not a public accommodation, then it must necessarily be a public accommodation.
[01:55:35.140 --> 01:55:40.140] Am I getting this right?
[01:55:40.140 --> 01:55:53.140] Yes, I just need the second chance now to accept the second chance, but I need the case to be reopened so I can submit all evidence that the high place of public accommodation, I have been discriminated.
[01:55:53.140 --> 01:55:56.140] Okay, wait, wait, wait.
[01:55:56.140 --> 01:56:01.140] Have you filed a motion for reconsideration?
[01:56:01.140 --> 01:56:06.140] I did. The judge denied it.
[01:56:06.140 --> 01:56:21.140] Well, she's got an active one right now is the motion to vacate, and he ordered them to respond to the motion to vacate, but they haven't yet, and that's still active. That one is.
[01:56:21.140 --> 01:56:25.140] How much time do they have to respond?
[01:56:25.140 --> 01:56:32.140] No, they responded. They responded this motion to vacate by talking about my social media.
[01:56:32.140 --> 01:56:36.140] Could you hear that, Brett? I couldn't understand it.
[01:56:36.140 --> 01:56:50.140] They technically responded, but all they did was talk about her social media. So I don't consider that responsive, but I mean, she's saying they did respond. It is, they had a document, but it just doesn't touch the four corners of her.
[01:56:50.140 --> 01:57:06.140] Then you asked, you can ask who directed verdict. If you can claim that their answer was non responsive, then ask the court for a directed verdict.
[01:57:06.140 --> 01:57:08.140] Directed verdict.
[01:57:08.140 --> 01:57:12.140] Direct verdict.
[01:57:12.140 --> 01:57:15.140] Okay.
[01:57:15.140 --> 01:57:27.140] A response is not necessarily a response. If the response does not address the issues before the court, then it is non responsive.
[01:57:27.140 --> 01:57:38.140] And ask the court to rule that it's non responsive, and if that grounds to reverse the decision.
[01:57:38.140 --> 01:57:53.140] You only answered the part about them filing electronically. That's why they say that they didn't have to serve me themselves, and they don't know if I was served by the court afternoons, that they don't know about it.
[01:57:53.140 --> 01:58:02.140] Okay. The fact that they're not responsible to serve you themselves, someone is responsible to serve you, and that's the clerk of the court.
[01:58:02.140 --> 01:58:14.140] And regardless of who is responsible for serving you, if you were not served, makes no difference. You're denied your remedy.
[01:58:14.140 --> 01:58:28.140] And that definitely grounds for appeal. Keep in mind, your only purpose in the trial court is to set the record for appeal.
[01:58:28.140 --> 01:58:40.140] So don't be discouraged because you didn't win in the trial court. If you have touched all the bases and put all the law in place where you expect to win, it's in the court of appeals.
[01:58:40.140 --> 01:58:49.140] We are out of time. Randy Kelton, Brett Fountain, Rudolal Radio, thank you all for listening, and good night.
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