[00:18.280 --> 00:25.280]  2013. Gold opened today at $1402, silver at $22.55 and bitcoin is trading at $129. Support
[00:25.280 --> 00:31.000]  for the Liberty Beat comes from Brave New Books, free-thinking materials for free-thinking
[00:31.000 --> 00:38.000]  people since 2006 in Austin and 1904 Guadalupe Street. And from Central Texas Gunworks, CHL
[00:38.060 --> 00:44.140]  courses, self-defense training and firearm sales online at centraltexasgunworks.com.
[00:44.140 --> 00:48.780]  And now the news. Three schools in Polk County, Florida have implemented what's called an
[00:48.780 --> 00:53.920]  I-Swipe Nano Program without even receiving the students' parental permission. Stanley
[00:53.920 --> 00:58.140]  Convergent Security Solutions, the company responsible for developing the program, takes
[00:58.140 --> 01:02.760]  pictures of the students' irises and can then identify when and where the students get on
[01:02.760 --> 01:07.000]  the bus, when they arrive at school, when and what bus the student boards, and when
[01:07.000 --> 01:11.560]  and where they get off. Rob Davis, the school board's senior director of support services,
[01:11.560 --> 01:16.740]  says the program is an effort to enhance students' safety and claims the I-Swipe Nano is an ideal
[01:16.740 --> 01:20.640]  replacement for the card since your child won't be responsible for having to carry an
[01:20.640 --> 01:25.520]  ID. One parent expressed outrage in a Facebook post saying the school has stolen information
[01:25.520 --> 01:30.720]  that cannot be retrieved. Due to further backlash, the school's program is currently suspended
[01:30.720 --> 01:37.720]  and Davis says that the students' information has been destroyed.
[01:39.520 --> 01:42.640]  Freedom activist Adam Kokesh has announced that he's canceling the planned 4th of July
[01:42.640 --> 01:46.880]  armed march on Washington, D.C. and instead is urging Second Amendment supporters to march
[01:46.880 --> 01:51.520]  on their local state capitol and protest government tyranny and Second Amendment restrictions.
[01:51.520 --> 02:17.920]  In an interview with InfoWars, the radio show, Kokesh said,
[02:22.520 --> 02:27.720]  Boston bombing suspect Dzhokhar Sarnav suffered severe bullet wounds to the neck and has been
[02:27.720 --> 02:32.880]  unable to talk until recently he regained his voice. The 19-year-old Chechnyan suspect
[02:32.880 --> 02:37.080]  made a phone call to his mother from inside the Boston medical prison where he is being
[02:37.080 --> 02:42.080]  held. Dzhokhar's mother said her son sounded normal but maintained his innocence. He told
[02:42.080 --> 02:47.960]  her his wounds were healing rapidly and that everything was in God's hands and to be patient.
[02:47.960 --> 02:51.560]  Time for the Liberty Beat comes from Tomorrow's Meals Today. South Austin Market Days every
[02:51.560 --> 02:57.800]  Saturday from 3 to 7 p.m. at 10106 Manchac Road. Information at TomorrowsMealsToday.com
[02:57.800 --> 03:27.640]  and from Capital City Automotive.
[03:27.640 --> 03:34.280]  Hey, we are back. Randy Kelton, Deborah Stevens, WU of Law Radio. And Dave, I kind of feel
[03:34.280 --> 03:39.680]  like I'm, let me get you unmuted there. There we go. I kind of feel like I'm patronizing
[03:39.680 --> 03:44.100]  you because everything I mentioned you've already done, it seems like you're a step
[03:44.100 --> 03:45.100]  or two ahead of me.
[03:45.100 --> 03:51.600]  Well, I've been listening to the archives, Randy, so I really enjoy the show.
[03:51.600 --> 03:56.720]  On the break, I told my producer, I said, this is why we do the show. We've got more
[03:56.720 --> 04:09.240]  and more people out here doing this. You've got you, Mike, Ken, Eddie, me, and several
[04:09.240 --> 04:14.260]  others. We've got a number of people down here doing this. And when I first started
[04:14.260 --> 04:22.520]  doing this, I hammered a few courts around, but not really big time. And it wasn't long
[04:22.520 --> 04:29.720]  before everybody knew who I was. My county attorney told me, he said, you're pretty well
[04:29.720 --> 04:34.680]  known around Texas. I said, I am. He said, oh yeah. I go to seminars. Every time I go
[04:34.680 --> 04:39.160]  to a seminar somewhere, when they find out I'm from Boyd, they all want to know if I
[04:39.160 --> 04:46.160]  know you. And I'm just one guy and I didn't really hammer them that much. I just went
[04:46.160 --> 04:54.480]  in and jerked them around a little bit. Now we got Mike. Mike has taken them to the cleaners.
[04:54.480 --> 04:59.980]  And we've got several people in Austin doing it. We've got you here. We've got Ken. We've
[04:59.980 --> 05:06.840]  got three or four other people that are beginning to start filing against this. This is Cynthia
[05:06.840 --> 05:12.080]  Wright. If you go after her and I go after her, she's going to wonder what is going on.
[05:12.080 --> 05:18.120]  Well, that's a good thing. Absolutely. That's a good thing. We're going to reach a critical
[05:18.120 --> 05:25.300]  mass here. I do have to go in front of Mr. Hayes again this coming Wednesday. And my
[05:25.300 --> 05:34.120]  only fear is that he's going to retaliate because I'm going in this courtroom again.
[05:34.120 --> 05:41.600]  Go in with witness. He'll be getting his criminal complaints before I walk into that room. Wait,
[05:41.600 --> 05:47.560]  say that again. Mr. Hayes, he's the defendant in the federal lawsuit. Plus we filed criminal
[05:47.560 --> 05:54.000]  complaints against him. He will receive them criminal complaints come Monday or Tuesday.
[05:54.000 --> 05:58.720]  But I'm going to be in his courtroom Wednesday. Now, as far as I'm concerned, he shouldn't
[05:58.720 --> 06:07.240]  even hear my case on Wednesday. Okay. Go in with a disqualification. Okay. And they can
[06:07.240 --> 06:13.160]  treat it as a, if it doesn't rise to the level of disqualification, it gets treated as a
[06:13.160 --> 06:22.720]  motion to recuse. If you file a motion to recuse, even if you have disqualification
[06:22.720 --> 06:28.480]  grounds, they'll still treat it as a motion to recuse that they can deny if they want
[06:28.480 --> 06:36.680]  to. So I always file disqualification. Okay. Is the recusal stronger as long as we have
[06:36.680 --> 06:43.320]  two other parties with their affidavits? No, disqualification is always stronger. Okay.
[06:43.320 --> 06:48.840]  Two other parties claiming that you can't get a fair trial here will get you a change
[06:48.840 --> 06:55.400]  of venue. Okay. Cause he refused to be disqualified the last time I went in front of him. Wait
[06:55.400 --> 07:05.040]  a minute. He did? Yes. We filed disqualification papers on him. I gave him judicial notice
[07:05.040 --> 07:16.400]  and he refused. Ooh, that's criminal. Okay. It's very clear what he's to do. He is, he's
[07:16.400 --> 07:23.880]  to either voluntarily recuse himself or forward this motion to the head administrative judge
[07:23.880 --> 07:32.160]  of the district, which is a real stinker himself. And the head administrative judge of the district
[07:32.160 --> 07:40.880]  can either rule on it himself or appoint a judge to hear the, the disqualification. The
[07:40.880 --> 07:48.920]  judge cannot do it himself. Okay. I may be, if you'll remind me with an email, I'll call
[07:48.920 --> 07:56.000]  down there Monday. I'm sorry. Say that again, please. I'll call down there Monday. Okay.
[07:56.000 --> 08:00.720]  And tell his clerk that I want to do an interview with him. My name's Randy Kelton. We've had
[08:00.720 --> 08:08.600]  a little get together in the past. I hammered him pretty good. So he'll, I tried to get
[08:08.600 --> 08:15.680]  him to arrest the previous district attorney and among other things, but I'll go, I'll
[08:15.680 --> 08:23.360]  call down there and be doing a story on the fact that the judge is denying a disqualification
[08:23.360 --> 08:32.540]  against himself and get them kind of wound up. I'll have a lot of fun with that. Keep
[08:32.540 --> 08:41.320]  us up to date on, on how this is going and send me an email. Remind me to call Hayes.
[08:41.320 --> 08:47.040]  I'll get that out to you tomorrow. Okay. Thank you. Now we're going to go to Dave in Delaware.
[08:47.040 --> 08:57.200]  Thank you, sir. Hello, Delaware Dave. Hi Randy. Do you have an email for Michael? No, I don't.
[08:57.200 --> 09:05.080]  He just changed his email. If you send it to me, I'll forward it to him. Okay. Comments.
[09:05.080 --> 09:17.600]  One is the word you're trying to use is a Ms. Prezian, M I S P I S I O N. Ms. Prezian.
[09:17.600 --> 09:24.400]  Okay. Not Ms. Prezian. Well, it's pronounced incorrectly, but the spelling is M I S P R
[09:24.400 --> 09:30.560]  I S I O N. Ms. Prezian is the spelling of it. And it means if they have any knowledge
[09:30.560 --> 09:38.360]  of a crime and fail to report it, they become a co-defendant by failing to report that crime.
[09:38.360 --> 09:44.600]  Yes. But I think Ms. Prezian only, if you only, if you have knowledge of a felony. That's
[09:44.600 --> 09:52.000]  anything over one year jail time is a felony. Yeah. Yeah. So Ms. Prezian and the requirement
[09:52.000 --> 09:59.160]  to file a complaint in states, all of them I've ever seen always only went to a felony.
[09:59.160 --> 10:05.800]  We didn't have to report misdemeanors and I can understand that. I don't think anybody
[10:05.800 --> 10:11.080]  could walk from one side of town to another without committing a few misdemeanors.
[10:11.080 --> 10:14.360]  It'd be a Ms. Prezian of a misdemeanor then. Yes.
[10:14.360 --> 10:19.920]  That's the word I was trying to think of. The second thing I want to point out is that,
[10:19.920 --> 10:23.040]  and I want to pass this on to Michael when I get in touch with him, what he needs to
[10:23.040 --> 10:31.640]  file is a breach of fiduciary duty because all of these operatives, agents and representatives
[10:31.640 --> 10:37.760]  of government are actually trustees and they have a duty, a fiduciary duty. And anytime
[10:37.760 --> 10:44.420]  they give us misinformation of any type, that is a breach of their fiduciary duty. And all
[10:44.420 --> 10:49.800]  this research by Howard Greswold's research group, I can pass through to Michael and he
[10:49.800 --> 10:56.240]  can get in touch directly with Howard Greswold's group and get all their background documentation.
[10:56.240 --> 11:01.200]  And he would definitely benefit from that. The third thing I wanted to point out is that
[11:01.200 --> 11:06.240]  Armand Taylor is absolutely accurate when he says these courts are convened under contract.
[11:06.240 --> 11:13.040]  And in order to enforce any contract, they have to have all three primary elements of
[11:13.040 --> 11:18.720]  preliminary jurisdiction before they can enforce any contract. And those three elements are
[11:18.720 --> 11:25.160]  person, place, and thing. The proof of that is, every time someone gets a ticket from
[11:25.160 --> 11:30.200]  a cop, gets pulled over, the police officer cannot write the ticket until after he has
[11:30.200 --> 11:35.640]  established those three preliminary elements, person, place, and thing, because he has to
[11:35.640 --> 11:41.240]  get the, in personam, that's the driver's license, he has to get the venue or geography,
[11:41.240 --> 11:47.560]  that's the registration card, and he has to get the thing or contract, which is the subject
[11:47.560 --> 11:53.000]  matter, which usually is a contract of insurance. And that's the reason they always ask for
[11:53.000 --> 11:57.400]  driver's license, registration, and proof of insurance after they acquire all three
[11:57.400 --> 12:01.680]  of those preliminary primary elements. Then and only then they know they have authority
[12:01.680 --> 12:08.760]  or jurisdiction to write the ticket or summons or a violation notice or infraction, whatever
[12:08.760 --> 12:20.200]  they call it. So then that's proven by the court rule 12B, only it's not six, it's 12B1
[12:20.200 --> 12:34.000]  is the subject matter, 12B2 is the venue or geographic location, and 12B3 is the in personam.
[12:34.000 --> 12:38.800]  And once you activate any one of those first three, it triggers 12B6, they have failed
[12:38.800 --> 12:43.360]  to file a claim or state a claim upon which relief can be granted because they have failed
[12:43.360 --> 12:49.160]  to comply with the preliminary elements, person, place, and thing. And only after they've done
[12:49.160 --> 12:55.440]  that, can they issue their ticket or any other type of enforcement of any contract. Anyway,
[12:55.440 --> 13:04.240]  that's technically maybe, the problem we have is you'll never win your case because you
[13:04.240 --> 13:06.360]  have the law and the facts on your side.
[13:06.360 --> 13:11.400]  Yeah, you get the case thrown out because they've failed to comply with 12B1, 12B2,
[13:11.400 --> 13:12.400]  and 12B3.
[13:12.400 --> 13:20.960]  You will never win your case just because you have the law and the facts on your side.
[13:20.960 --> 13:26.120]  It doesn't matter what the law says. The courts are going to do what the courts are going
[13:26.120 --> 13:32.080]  to do. You're going to win your case if you have the politics on your side. I am interested
[13:32.080 --> 13:42.260]  in the detail of law, but my experience has been that judges do not apply law unless it
[13:42.260 --> 13:55.520]  suits them. And I've always had difficulty using arguments in this detail. Judges pay
[13:55.520 --> 13:57.440]  absolutely no attention to it.
[13:57.440 --> 14:02.440]  Well, Howard's having great success with the breach of fiduciary duty.
[14:02.440 --> 14:10.600]  Well, for a public official, it's always a claim. It's a defined cause of action against
[14:10.600 --> 14:17.200]  public officials. I think that's the only cause of action you can bring against a public
[14:17.200 --> 14:21.640]  official in his official capacity. That's the only way to get to him. I'm just reading
[14:21.640 --> 14:25.120]  that in some research the other day.
[14:25.120 --> 14:29.720]  But if you get hold of Michael, he can contact me and I'll put him in touch directly with
[14:29.720 --> 14:33.040]  Howard Griswold's research group and he can get those documents.
[14:33.040 --> 14:43.800]  I'm real familiar with Howard Griswold. I tried to get good information on how to use
[14:43.800 --> 14:57.200]  the commercial process in conjunction with current civil practices. And I never could
[14:57.200 --> 15:04.960]  get anything of any value. So I'm real frustrated with that. I looked at the commercial process
[15:04.960 --> 15:16.320]  in ways presented in the legal reform community. And I always wind up with these little places.
[15:16.320 --> 15:24.720]  I talked earlier about being an engineer and all we do is connect dots. Always get into
[15:24.720 --> 15:30.360]  the way I've seen the commercial process used. I always had dots people were jumping
[15:30.360 --> 15:39.000]  over like this emphasis on tweal. They would send a document to someone and as an offer
[15:39.000 --> 15:45.480]  to contract with the statement that if you don't respond to this, then you owe me X
[15:45.480 --> 15:54.720]  amount of money. And then when they didn't respond to it, then the idea was take action
[15:54.720 --> 16:02.300]  against them because they failed to respond. And when you're under tweal, when you fail
[16:02.300 --> 16:05.840]  to respond, when you have a duty to respond, it's created this fraud.
[16:05.840 --> 16:10.520]  Also US vs. Throckmorton has another case that does the same thing.
[16:10.520 --> 16:21.480]  The problem with it was that when you have a duty to respond part, they kind of skipped
[16:21.480 --> 16:27.520]  over that. And for a while there, it was the thing for all these Patriots were sending
[16:27.520 --> 16:32.600]  offers to contract to everybody. And when they wouldn't respond, they would start filing
[16:32.600 --> 16:38.760]  actions against them instead of a notice of default. Well, they didn't show when I talked
[16:38.760 --> 16:44.640]  to them about, well, where's the duty to respond. And they kind of, the mouse kind of dropped
[16:44.640 --> 16:50.560]  and the ones that didn't get really PO'd at me, but that's all that nonsense has stopped
[16:50.560 --> 16:55.840]  now, but hold on. We're about to go to break. This is Randy Kelton, W. Stevens, WU of Law
[16:55.840 --> 17:24.800]  Radio are calling number 512-646-1984.
[17:26.840 --> 17:37.840]  I want to know for sure. So come on, neutrify me. I love you.
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[17:44.840 --> 17:51.840]  like tangy tangerine? My Mrs. lost so much weight by taking tangy tangerine, she eventually
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[17:57.840 --> 18:03.840]  old network.com and click the longevity banner. Are you being harassed by debt collectors
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[18:13.840 --> 18:18.840]  collectors, and now you can win too. You'll get step-by-step instructions in plain English
[18:18.840 --> 18:23.840]  on how to win in court using federal civil rights statutes, what to do when contacted
[18:23.840 --> 18:28.840]  by phone, mail, or court summons, how to answer letters and phone calls, how to get debt collectors
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[18:38.840 --> 18:43.840]  collectors. Personal consultation is available as well. For more information, please visit
[18:43.840 --> 18:49.840]  rule of law radio.com and click on the blue Michael Miras banner or email Michael Miras
[18:49.840 --> 18:58.840]  at yahoo.com. That's rule of law radio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:58.840 --> 19:01.840]  to learn how to stop debt collectors now.
[19:01.840 --> 19:13.840]  If you are listening to the Logos Radio Network, logosradionetwork.com.
[19:13.840 --> 19:19.840]  Well, don't let nothing get to you. Only the father can deliver you. So don't let bad mind
[19:19.840 --> 19:28.840]  people hurt you. And just sit and get behind you. Know what I mean? My friend, knowledge
[19:28.840 --> 19:37.840]  our children. Trust him to hide me free. Get in your problem then. Call on his name once
[19:37.840 --> 19:42.840]  again. May we call you, know he worth it. Trust him.
[19:42.840 --> 19:49.840]  Okay, we're back. Randy Kelton, Deborah Stevens, Rule of Law Radio. Dave dropped off, but I
[19:49.840 --> 19:58.840]  did want to talk to him a little bit more. He's very knowledgeable and I'm frustrated
[19:58.840 --> 20:06.840]  and I really appreciate being very knowledgeable. What I'm frustrated with not getting is from
[20:06.840 --> 20:14.840]  the knowledge, the knowledge converted into actual remedy and remedy that ordinary people
[20:14.840 --> 20:23.840]  can do. A lot of these guys that do a lot of research, like me, I can go out and jerk
[20:23.840 --> 20:30.840]  the cord around because I know the code frontwards, backwards, upside down and sideways. And I
[20:30.840 --> 20:36.840]  always know where I'm at relative to the code. And I also understand what generates political
[20:36.840 --> 20:45.840]  pressures. But someone who doesn't have the kind of depth of knowledge that the researchers
[20:45.840 --> 20:53.840]  have, they can't utilize this unless we can take all of this complex code and convert
[20:53.840 --> 21:03.840]  it into a tool people can use. And I need people like Dave who has the knowledge and
[21:03.840 --> 21:11.840]  work with them to find a way to take this knowledge and make it usable. I mean, we can
[21:11.840 --> 21:16.840]  get in a car and drive it around and we don't have to know how to build a car to do that.
[21:16.840 --> 21:23.840]  I'm hoping to develop some tools that are usable by everybody, but based on really well
[21:23.840 --> 21:31.840]  structured law. Okay, we're going to go to Jeff in Mississippi. Hello, hillbilly Jeff.
[21:31.840 --> 21:37.840]  Hey Randy, can you hear me? Yes, I can. All right. Well, I just wanted to call in to catch
[21:37.840 --> 21:41.840]  the listeners up to speed. I was arrested at Mississippi State University for having
[21:41.840 --> 21:46.840]  a rifle in an apartment and my problem was the apartment seemed like it was about a half
[21:46.840 --> 21:52.840]  a block off campus. So I took pictures, the property sign went into court and I loved
[21:52.840 --> 21:58.840]  your guest, your last guest, because I ran in and I said that the apartments have to
[21:58.840 --> 22:06.840]  have postings because the code says that. The prosecutor was three months past the statute
[22:06.840 --> 22:15.840]  limitations for trying me. I said that and the judge could have cared less. You know,
[22:15.840 --> 22:22.840]  when you said that, you know, if you go into a courtroom and quote law, they could absolutely
[22:22.840 --> 22:28.840]  care less. That judge just sat there and rolled his eyes around like I was the biggest, you
[22:28.840 --> 22:33.840]  know, idiot that had walked in and he just simply overruled me, just brushed me aside
[22:33.840 --> 22:38.840]  like, like pitching a glass of milk and just kept on with the court. But, uh, so I just
[22:38.840 --> 22:42.840]  wanted to put, you know, put my two cents in on that, that you can walk in and quote
[22:42.840 --> 22:47.840]  the law and if the judge doesn't care, he just doesn't care. Yeah. And you'd save it
[22:47.840 --> 22:53.840]  for appeal. But in the meantime, you spent some time in jail waiting to get all this
[22:53.840 --> 22:59.840]  done. So one of the questions I wanted to ask about the appeal is something that I brought
[22:59.840 --> 23:06.840]  up before is the prosecutor had hidden evidence in the case. About halfway during the trial,
[23:06.840 --> 23:12.840]  it came out that the prosecutor hid two witnesses and a police report. The judge just merrily
[23:12.840 --> 23:19.840]  overruled all that as being a harmless error. Um, I kept crying, discovery, discovery, discovery.
[23:19.840 --> 23:27.840]  And when I read my transcript, I see where I argue a lot, but I should have, uh, I objected
[23:27.840 --> 23:36.840]  once and then I've been reading something about renewal of objections. Interesting.
[23:36.840 --> 23:40.840]  Do you, in other words, if the judge takes out a brick and hits me in the head right
[23:40.840 --> 23:46.840]  in the courtroom and I object and he over rules, do I need to come back and say, I need
[23:46.840 --> 23:52.840]  to renew this objection in order for it to stand in an appeal? No, you do not. Okay,
[23:52.840 --> 23:58.840]  well that's good. That's good. I was afraid that I'd lost my case because I hadn't come
[23:58.840 --> 24:05.840]  back and made, um, those renewal of objections. Well, I found out some very interesting stuff.
[24:05.840 --> 24:13.840]  I wanted to ask you, what are the rules to a continuance? Well, it depends on the state,
[24:13.840 --> 24:18.840]  but generally here in Texas, if you want a convenient tenuous, you have to file a motion
[24:18.840 --> 24:27.840]  at least seven days prior to whatever hearing. It must contain a verified affidavit stating
[24:27.840 --> 24:36.840]  cause for the continuance. That's primarily what is required. The judge on continuance
[24:36.840 --> 24:44.840]  has pretty well unbridled the discretion. Okay. Yeah, because I, they were continuing
[24:44.840 --> 24:49.840]  my case and I didn't want to continue it. Um, but they would come in, I would show up
[24:49.840 --> 24:52.840]  for court and nobody would be there. And at the end of the day, my public defender would
[24:52.840 --> 24:56.840]  walk in and hand me a little piece of paper and it's just, it's just a small typed up
[24:56.840 --> 25:02.840]  piece of paper that says that, uh, the court has found a good cause to continue, to continue
[25:02.840 --> 25:07.840]  your case for three more months. And then she'd just throw it at me and say here. And
[25:07.840 --> 25:13.840]  I didn't want one, but I'm so that to me seems real Mickey Mouse.
[25:13.840 --> 25:26.840]  That, that is, and you need to pull the record and look for the motions for continuance.
[25:26.840 --> 25:35.840]  If the judge had found good cause, it wasn't a sui sponte action by the court. It was an
[25:35.840 --> 25:42.840]  action by the court in response to a petition or a motion for continuance. Look in there
[25:42.840 --> 25:47.840]  for the motions, looking the record for the motion of continuance. Yeah. Because she just
[25:47.840 --> 25:53.840]  handed me an order granting a continuance, which just looked really, um, yeah. And you
[25:53.840 --> 26:04.640]  might bar grievance, your court appointed attorney for every single thing you can find
[26:04.640 --> 26:10.600]  every time there was a continuous, you should bar grieving. Oh, great. Great. Uh, then go
[26:10.600 --> 26:17.200]  to bar grievance.net. That'll get him good. All right. On bar grievance.net you'll find
[26:17.200 --> 26:23.880]  the American bar association model standards, but you will also find the American bar association
[26:23.880 --> 26:29.640]  standards for the prosecutorial function. And, and give me a little patience with that
[26:29.640 --> 26:34.400]  side. I put it together, but I didn't have time to edit it all out. So it needs a lot
[26:34.400 --> 26:44.360]  of edit work, but it works. It gives you access to the bar association, uh, standards with
[26:44.360 --> 26:52.980]  prosecutorial function. And you can grieve prosecutors for everything. So file bar grievances
[26:52.980 --> 27:00.840]  against the prosecutor for everything he failed to do is required to do. And what this will
[27:00.840 --> 27:08.320]  do is if he ever, it's going to raise their bond rating with the department, their insurance
[27:08.320 --> 27:17.600]  for their lawyers. It's also, if he ever gets out of, uh, being a prosecutor, he will
[27:17.600 --> 27:23.960]  not be able to get malpractice insurance. Oh, okay. Good. That's the politics part
[27:23.960 --> 27:29.320]  we were talking about. You know, you know what this guy did when I went off to prison
[27:29.320 --> 27:33.480]  and I was gone and didn't know it. He told the newspaper that I was associated with a
[27:33.480 --> 27:37.080]  criminal extremist group associated with murderers and assaults.
[27:37.080 --> 27:43.760]  Okay. You're a lawyer. Did this? No, the prosecutor. Oh, good. Then that's not, that's not true.
[27:43.760 --> 27:50.900]  So you're suing for slander. And, and can I do that? Okay, good. Yeah. And the bars
[27:50.900 --> 27:57.000]  code association standards to prosecutorial function, uh, caution the prosecutor about
[27:57.000 --> 28:03.920]  they've got a big section on the comments that he makes. Okay. And that was slander
[28:03.920 --> 28:15.040]  outright. Okay. Oh, I, well, okay. In, in Texas, we have a two Oh two under two Oh two
[28:15.040 --> 28:25.920]  rules, civil procedure. You can, uh, petition for discovery for pre litigation discovery.
[28:25.920 --> 28:32.840]  So you might look for pre litigation discovery in Mississippi. You can petition for pre litigation
[28:32.840 --> 28:40.480]  discovery to preserve testimony or preserve evidence. All right. So you file a pre litigation
[28:40.480 --> 28:48.760]  discovery request to the prosecutor and that will force him to maintain everything he has.
[28:48.760 --> 28:55.480]  Okay. He can't say later, Oh, well we destroyed that. Well, the pre litigation discovery should
[28:55.480 --> 28:59.760]  put an end to that. That's the purpose of it is to keep from losing that information
[28:59.760 --> 29:07.380]  and get all of the evidence that the prosecutor had since the case is over, then the case
[29:07.380 --> 29:15.240]  is done. So all of that becomes public. All right. Okay. And that ought to get his interest,
[29:15.240 --> 29:23.240]  especially if you're asking for the very information that he secreted from the court. Okay. Get
[29:23.240 --> 29:28.160]  as much politics as you can. They may make this whole thing go away for you. If it looks
[29:28.160 --> 29:35.520]  like you're going to take them out, but be careful as long as you're on probation, they
[29:35.520 --> 29:38.240]  can jerk your probation just because they want to.
[29:38.240 --> 29:43.240]  The good thing is I'm in another state, possibly the good thing.
[29:43.240 --> 29:48.040]  Yeah. The other state's not likely to do it as quickly. Okay. Hang on. We're about to
[29:48.040 --> 29:52.280]  go to break. This is Randy Kelton, Deborah Stevens, the wheel of law radio, our call
[29:52.280 --> 30:02.560]  in number 512-646-1984. Give us a call. We'll be right back.
[30:02.560 --> 30:07.480]  Could an ID microchip cause cancer? For a growing number of pets, the answer tragically
[30:07.480 --> 30:11.800]  is yes. Chip related tumors have prompted a lawsuit against home again and calls to
[30:11.800 --> 30:16.160]  stop mandatory pet chipping laws. I'm Dr. Catherine Albrecht and I'll be right back
[30:16.160 --> 30:17.580]  with the story.
[30:17.580 --> 30:22.920]  Your search engine is watching you, recording all your searches and creating a massive database
[30:22.920 --> 30:28.800]  of your personal information. That's creepy, but it doesn't have to be that way. Startpage.com
[30:28.800 --> 30:33.320]  is the world's most private search engine. Startpage doesn't store your IP address, make
[30:33.320 --> 30:37.360]  a record of your searches or use tracking cookies and they're third party certified.
[30:37.360 --> 30:42.960]  If you don't like big brother spying on you, start over with Startpage. Great search results
[30:42.960 --> 30:47.960]  and total privacy. Startpage.com, the world's most private search engine.
[30:47.960 --> 30:51.780]  Andrea Rutherford thought she was doing the right thing by having a home again microchip
[30:51.780 --> 30:56.680]  implanted in her cat, Balkan, but things changed when she found a lump growing around the chip.
[30:56.680 --> 31:01.720]  The lump turned out to be fibrosarcoma, a dangerous form of cancer. Fortunately, Balkan
[31:01.720 --> 31:07.080]  survived after surgery, chemotherapy and radiation. Now his owner is suing home again's parent
[31:07.080 --> 31:12.280]  company Merck for expenses and wants to alert others to the problem. If your pet has a microchip,
[31:12.280 --> 31:16.880]  check the implant site regularly for lumps. Have anything suspicious examined by your
[31:16.880 --> 31:22.120]  vet and if your pet is chip free, keep it that way. A collar and a tag never gave anyone
[31:22.120 --> 31:29.120]  cancer. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:32.760 --> 31:38.120]  This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11th.
[31:38.120 --> 31:43.560]  The government says that fire brought it down. However, 1,500 architects and engineers concluded
[31:43.560 --> 31:47.560]  it was a controlled demolition. Over 6,000 of my fellow service members have given their
[31:47.560 --> 31:52.080]  lives. Thousands of my fellow first responders are dying. I'm not a conspiracy theorist.
[31:52.080 --> 31:55.240]  I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force
[31:55.240 --> 32:00.200]  pilot. I'm a father who lost his son. We're Americans and we deserve the truth. Go to
[32:00.200 --> 32:07.200]  rememberbuilding7.org today. It is so enlightening to listen to 90.1 FM, but finding things on
[32:07.200 --> 32:12.000]  the internet isn't so easy and neither is finding like-minded people to share it with.
[32:12.000 --> 32:17.000]  Oh, well, I guess you haven't heard of Brave New Books then. Brave New Books? Yes, Brave
[32:17.000 --> 32:21.480]  New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron
[32:21.480 --> 32:27.360]  Paul, and G. Edward Griffin. They even stock inner food, Berkey products, and Calvin soaps.
[32:27.360 --> 32:32.000]  There's no way a place like that exists. Go check it out for yourself. It's downtown at
[32:32.000 --> 32:38.880]  1904 Guadalupe Street, just south of UT. By UT, there's never anywhere to park down there.
[32:38.880 --> 32:44.120]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking
[32:44.120 --> 32:50.760]  Facility, just behind the bookstore. It does exist, but when are they open? Monday through
[32:50.760 --> 32:57.760]  Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. So give them a call at 512-480-2503 or check
[32:57.760 --> 33:04.760]  out their events page at bravenewbookstore.com. Live free speech radio, logosradionetwork.com.
[33:27.760 --> 33:34.760]  Okay, we are back. Randy Kelton, Deborah Stevens. You have our radio and you're talking to Jeff
[33:38.000 --> 33:45.000]  in Mississippi. And I would be real careful until your probation is up because these guys
[33:49.000 --> 33:56.000]  can really be scoundrels. Yeah. Especially, you know, they're not so concerned about the
[33:56.000 --> 34:01.740]  guy that comes along and huffs and puffs and jumps up and down and waves his arm around
[34:01.740 --> 34:06.100]  and rails in righteous indignation. They're not too worried about him because they generally
[34:06.100 --> 34:11.100]  blow their steam off and then they're done. They worry about the guy that comes in and
[34:11.100 --> 34:18.100]  asks the right question. And that begins to make them nervous. And then when you're asking
[34:18.580 --> 34:23.980]  the right questions, stepping on the right points, now you become dangerous. As long
[34:23.980 --> 34:28.580]  as you're on probation, you don't want to be dangerous to the prosecutor because he's
[34:28.580 --> 34:35.580]  going to want to get your probation jerked and get you back in. Yeah. I'm in the next
[34:36.020 --> 34:40.980]  state over in Arkansas. I'm about 500 miles away. That's good. It makes you harder to
[34:40.980 --> 34:47.980]  get to and makes it harder for them to make a claim as to whether or not you've violated
[34:47.980 --> 34:54.980]  your parole. That'll be an agency or a group where they have no direct influence on you.
[34:57.740 --> 35:03.060]  But this one will be influenced if the other one calls them and asks them to revoke. They'll
[35:03.060 --> 35:10.060]  do it. They are scoundrels and they don't think much of the people that they overlook
[35:10.980 --> 35:16.220]  and they certainly don't worry about justice. So my point is, be careful here. Okay. Well,
[35:16.220 --> 35:21.220]  I may have something exciting. I was going to put this to you. I was talking to a friend
[35:21.220 --> 35:25.740]  that's helping me out a little bit and he said, well, you know what? Go ahead and try
[35:25.740 --> 35:32.740]  to get the transcript from your grand jury hearing because his theory was, or what he
[35:32.780 --> 35:37.220]  said is that a lot of times they don't even have a grand jury hearing. The prosecutor
[35:37.220 --> 35:43.100]  just forges the paperwork and pushes it on through. And here's how you figure that out.
[35:43.100 --> 35:50.100]  You ask for the billing information from the grand jury court reporter. See if you have
[35:54.700 --> 36:01.700]  a voucher for the day of the supposed indictment. There's also, you know, in Texas, in every
[36:01.700 --> 36:08.700]  state, they're going to have to have a procedure to get the indictment from the grand jury
[36:09.500 --> 36:16.500]  to the court. In Texas, the form of the grand jury is required with a quorum of the grand
[36:18.820 --> 36:25.820]  jury present to read the fact of the indictment into the records of the court, whether they
[36:25.820 --> 36:31.820]  have the grand jury indicted, true billed or no billed, and the clerk shall make notes
[36:31.820 --> 36:36.420]  in the minutes of the court. That's how it's supposed to be done in Texas. It's not always
[36:36.420 --> 36:41.420]  done that way, but that's what the statute says. There's going to be something in Mississippi
[36:41.420 --> 36:48.420]  that tells how that's done because the feds do that. They'll go in and get an indictment
[36:48.660 --> 36:55.660]  for the first time in Texas. They'll go in and get an indictment for the first time in
[36:55.660 --> 36:59.380]  Texas for something really minor that they don't care about it, whether they approve
[36:59.380 --> 37:06.380]  or not. Once they get the indictment, then they'll start going and doing their investigation
[37:07.820 --> 37:14.820]  and then they'll come back and do a superseding indictment. Almost always, the U.S. Attorney
[37:15.220 --> 37:20.160]  uses the rubber stamps they have. They actually have rubber stamps made up with the foreman's
[37:20.160 --> 37:26.700]  name on it. That's how bold they are. They just stamp all the superseding indictments
[37:26.700 --> 37:29.780]  as if the grand jury had heard them.
[37:29.780 --> 37:34.540]  What I did was I wrote a letter to the clerk of the court saying, I didn't understand to
[37:34.540 --> 37:41.540]  ask for billing information, but I said, can I have the transcripts of my grand jury hearing?
[37:41.580 --> 37:47.780]  This is what they wrote back. Dear Mr. Hill, please be advised that there are no transcripts
[37:47.780 --> 37:54.780]  of grand jury. Then the court clerk's name. What do you think about that?
[37:55.900 --> 38:01.340]  Well, they're just saying that they don't have a copy of the transcripts and they will
[38:01.340 --> 38:07.340]  only have a copy of the transcripts if somebody paid the court reporter to transcribe it.
[38:07.340 --> 38:13.380]  Oh, okay. So I need to go back with what you're asking to write them again and ask for billing
[38:13.380 --> 38:15.500]  information from the court reporter.
[38:15.500 --> 38:22.500]  Yes. I lost the term. I had it a while ago. Any bills or vouchers, any vouchers from the
[38:28.020 --> 38:35.020]  court reporter, you give them a time period, a day before, a day after. Then you see what
[38:35.020 --> 38:42.020]  you get back. We had an issue in California where the judge was doing that and Tony Davis
[38:46.620 --> 38:52.020]  and people he was working with, they made the request to the court reporter and the
[38:52.020 --> 38:57.020]  court reporter sent back that there was no grand jury hearing that day.
[38:57.020 --> 39:02.020]  Now, what if that happens? Can you bring a sledgehammer in and just nail them?
[39:02.020 --> 39:09.020]  Oh, that's really criminal stuff. You take that to the grand jury.
[39:09.020 --> 39:13.020]  I'm liking it. That's what I want to hear.
[39:13.020 --> 39:18.020]  Okay. Well, the problem with you doing that, get somebody else to do it.
[39:18.020 --> 39:19.020]  Okay.
[39:19.020 --> 39:26.020]  So it's not in your name because when you start going for vouchers from the grand jury
[39:26.020 --> 39:33.020]  court reporter, the prosecutor, if he's pulled any shenanigans, he's going to get real concerned.
[39:33.020 --> 39:40.020]  Okay. Now, when I asked for the voucher from the court reporter, am I writing the clerk
[39:40.020 --> 39:42.020]  of the court or do I just write it?
[39:42.020 --> 39:43.020]  Clerk of the court.
[39:43.020 --> 39:46.020]  Okay. I got it.
[39:46.020 --> 39:51.020]  Or just, if not, ask them or you go to the county commissioner's court, they'll tell
[39:51.020 --> 39:59.020]  you who pays everything. There should be a county auditor or if you have an auditor,
[39:59.020 --> 40:08.020]  he'll know it all or a county administrator, she'll tell you who pays what employees for
[40:08.020 --> 40:09.020]  what court.
[40:09.020 --> 40:10.020]  Okay.
[40:10.020 --> 40:16.020]  And once you find out who pays the clerk and you go to that individual, you hope it's the
[40:16.020 --> 40:17.020]  commissioner's court.
[40:17.020 --> 40:18.020]  All right.
[40:18.020 --> 40:26.020]  Because they don't do criminal stuff. So they probably won't catch the significance.
[40:26.020 --> 40:28.020]  Okay. Got it.
[40:28.020 --> 40:34.020]  Anybody who's pulled any shenanigans with the grand jury will get the significance immediately.
[40:34.020 --> 40:38.020]  So it would be nice if it's the county commissioners.
[40:38.020 --> 40:41.020]  Well, now, go ahead.
[40:41.020 --> 40:49.020]  Since it's a district court, they're really a state employee, so I'm not sure exactly
[40:49.020 --> 40:55.020]  who handles the funding. That's probably the district clerk. Anyway, go ahead.
[40:55.020 --> 41:04.020]  Well, the only thing that kind of had me confused is when I contact the court clerk and you
[41:04.020 --> 41:08.020]  said to get a voucher from the day before and the day after, do I want to go ahead and
[41:08.020 --> 41:10.020]  tell him my name and my case number?
[41:10.020 --> 41:15.020]  No, that has nothing to do with your case. You do not want them to know your case so
[41:15.020 --> 41:22.020]  they won't know what to forge. You just tell them that you want the voucher from the...
[41:22.020 --> 41:33.020]  The voucher is the bill. That's finance. That's absolutely public. You're not asking about
[41:33.020 --> 41:42.020]  anything that went on in the grand jury. You're asking about what this public employee, who
[41:42.020 --> 41:49.020]  they billed what to. So for most part, it won't raise an eyebrow, except they're wondering
[41:49.020 --> 41:59.020]  why you want it, unless it's somebody that understands that they do created indictments.
[41:59.020 --> 42:02.020]  And those people will get real excited.
[42:02.020 --> 42:09.020]  So if somebody happens to get excited and when you go for that, the prosecutor attorney
[42:09.020 --> 42:14.020]  is definitely going to know about it. Make sure it's a third party that doesn't point
[42:14.020 --> 42:21.020]  back at you. Don't tell them anything about your case because this has nothing to do with
[42:21.020 --> 42:29.020]  keeping... That's why this will seem more dangerous to these people. If the prosecutor
[42:29.020 --> 42:33.020]  finds out somebody has asked for that, and he will, because the clerk will call him,
[42:33.020 --> 42:38.020]  I've never been asked for this before, can I release it? And the prosecutor is going
[42:38.020 --> 42:46.020]  to say, oh crap, somebody is looking in the right place. And if they know who it is, that
[42:46.020 --> 42:47.020]  could be a problem.
[42:47.020 --> 42:49.020]  So, okay, so I'm going in the right direction.
[42:49.020 --> 42:50.020]  Yes, you are.
[42:50.020 --> 42:56.020]  Last thing is, I was talking to Eddie Craig several years ago, and he told me to go in
[42:56.020 --> 43:01.020]  there and record these public defenders and what they're saying, and I did. I went in
[43:01.020 --> 43:07.020]  and recorded some of them. I wanted to know if I could send you one of my recordings.
[43:07.020 --> 43:09.020]  Oh, I would love that.
[43:09.020 --> 43:13.020]  Okay. It's going to be a doozy. It's a lot of fun. And I'm going to ask your advice on
[43:13.020 --> 43:15.020]  that in the email.
[43:15.020 --> 43:19.020]  Okay, wait a minute. Let's not do that until you're off probation.
[43:19.020 --> 43:20.020]  Okay.
[43:20.020 --> 43:26.020]  Yeah, I don't want to cause you a problem. I'm very sensitive to a person's liberty.
[43:26.020 --> 43:32.020]  Let's take care of that first. And once that's done, then you're free to go after them.
[43:32.020 --> 43:35.020]  Okay, got it. Well, hey guys, thank you very much. Now I'm out of here.
[43:35.020 --> 43:41.020]  Okay. Thank you, Jeff. Now, when we come back, we're going to go to Kevin and then Bob and
[43:41.020 --> 43:51.020]  Donna. This is Ruhla Radio. I called in number 512-646-1984. We still got a little over an
[43:51.020 --> 43:56.020]  hour and things tend to really get popping toward the end. So give us a call. Get in
[43:56.020 --> 43:59.020]  line. We'll be right back.
[44:02.020 --> 44:07.020]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so
[44:07.020 --> 44:11.020]  easy and neither is finding like-minded people to share it with.
[44:11.020 --> 44:14.020]  Oh, well, I guess you haven't heard of Brave New Books then.
[44:14.020 --> 44:15.020]  Brave New Books?
[44:15.020 --> 44:19.020]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex
[44:19.020 --> 44:24.020]  Jones, Ron Paul, and G. Edward Griffin. They even stock inner food, Berkey products, and
[44:24.020 --> 44:26.020]  Calvin soaps.
[44:26.020 --> 44:28.020]  There's no way a place like that exists.
[44:28.020 --> 44:34.020]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[44:34.020 --> 44:37.020]  By UT, there's never anywhere to park down there.
[44:37.020 --> 44:43.020]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[44:43.020 --> 44:45.020]  facility just behind the bookstore.
[44:45.020 --> 44:48.020]  It does exist, but when are they open?
[44:48.020 --> 44:54.020]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays. So give them a call
[44:54.020 --> 45:00.020]  at 512-480-2503 or check out their events page at bravenewbookstore.com.
[45:00.020 --> 45:05.020]  Are you the plaintiff or defendant in a lawsuit?
[45:05.020 --> 45:12.020]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:12.020 --> 45:16.020]  that will show you how in 24 hours, step by step.
[45:16.020 --> 45:20.020]  If you have a lawyer, know what your lawyer should be doing.
[45:20.020 --> 45:24.020]  If you don't have a lawyer, know what you should do for yourself.
[45:24.020 --> 45:29.020]  Thousands have won with our step-by-step course, and now you can too.
[45:29.020 --> 45:36.020]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:36.020 --> 45:41.020]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:41.020 --> 45:45.020]  principles and practices that control our American courts.
[45:45.020 --> 45:51.020]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:51.020 --> 45:54.020]  pro se tactics, and much more.
[45:54.020 --> 46:02.020]  Please visit RuleOfLawRadio.com and click on the banner or call toll-free 866-LAW-EASY.
[46:24.020 --> 46:49.020]  Okay, we are back.
[46:49.020 --> 46:58.020]  Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're going to Kevin in Texas.
[46:58.020 --> 47:00.020]  Hello, Randy.
[47:00.020 --> 47:03.020]  Hello, Kevin.
[47:03.020 --> 47:06.020]  Your show's really informative.
[47:06.020 --> 47:09.020]  We've been having a good time listening.
[47:09.020 --> 47:14.020]  I think you know what I called, I found your name when we were looking through to see who else
[47:14.020 --> 47:19.020]  that may have had some trouble down here in Cherokee County where we are, and I kept running
[47:19.020 --> 47:24.020]  into your name and seeing some of the things that you experienced and, you know, these
[47:24.020 --> 47:28.020]  things until you do, which I've never had experience with anything like this before
[47:28.020 --> 47:29.020]  in my life.
[47:29.020 --> 47:34.020]  You know, you think that things like this don't happen, but they do.
[47:34.020 --> 47:42.020]  My wife has been subjected to so many things, and this court down here is just really unthinkable
[47:42.020 --> 47:47.020]  when you sit back and look at the whole thing.
[47:47.020 --> 47:54.020]  She has been arrested, put on probation for different things, the kids taken from us.
[47:54.020 --> 48:00.020]  There's just so many things that over the last three and a half, four years that she's
[48:00.020 --> 48:05.020]  a good mother that's always been with her children, and it's just unbelievable the
[48:05.020 --> 48:07.020]  things that they've done to her in this court down here.
[48:07.020 --> 48:13.020]  Yeah, and doesn't she have a, her ex-husband has a relationship with the court?
[48:13.020 --> 48:14.020]  Yes, he does.
[48:14.020 --> 48:20.020]  He's one of the good old boy deer least hunters with the judge and with his attorney.
[48:20.020 --> 48:28.020]  The practicing attorney that he has, his wife is the county attorney for Cherokee County.
[48:28.020 --> 48:32.020]  It's a pretty tight-knit little group.
[48:32.020 --> 48:34.020]  It always has been.
[48:34.020 --> 48:42.020]  And, you know, in spite of the fact that I had trouble in Cherokee County myself, I can't
[48:42.020 --> 48:46.020]  say that Cherokee County is unusual.
[48:46.020 --> 48:59.020]  Well, how we started was with a CPS case involving my stepson, her son, that had a cry out of
[48:59.020 --> 49:05.020]  sexual abuse during a forensic interview where it was just for physical abuse, and they were
[49:05.020 --> 49:13.020]  found reason to believe, and the parents were found neglectful supervision, and still, we
[49:13.020 --> 49:14.020]  can't get anything done.
[49:14.020 --> 49:19.020]  They sent these children at this time, now this is a little program down the road here,
[49:19.020 --> 49:25.020]  they issued a writ of attachment and took our children from us the day that our attorney
[49:25.020 --> 49:26.020]  got off the case.
[49:26.020 --> 49:30.020]  This has been such a long-going thing that we'd go to court, we had a really expensive
[49:30.020 --> 49:36.020]  lawyer that would come down from about 50, 60 miles away, sit all day in his court, never
[49:36.020 --> 49:38.020]  get hurt, and have to reschedule it.
[49:38.020 --> 49:41.020]  And that was just thousands and thousands of dollars every time to the point where we
[49:41.020 --> 49:42.020]  just couldn't do it anymore.
[49:42.020 --> 49:45.020]  I mean, they just went smooth and they ran us out.
[49:45.020 --> 49:47.020]  That is the whole idea.
[49:47.020 --> 49:54.020]  That's exactly the plan is to, the one they want to screw around, they'll just force him
[49:54.020 --> 50:00.020]  to come back and come back, and what I've suggested to people is that if the court orders
[50:00.020 --> 50:06.020]  you to be in court, and you come to court, and then they change their mind, you build
[50:06.020 --> 50:08.020]  the court for your time.
[50:08.020 --> 50:19.020]  You don't have to worry about the judge, it's not the judge, it's the county, it's the jurisdiction
[50:19.020 --> 50:28.020]  that you were forced to come down here, no input from you, it wasn't your call, they
[50:28.020 --> 50:32.020]  had a duty to be prepared to do what you were called down to do.
[50:32.020 --> 50:37.020]  If they don't, then you have a right to your time.
[50:37.020 --> 50:46.020]  Just send a bill, it'll go to their county or whoever the overriding office is, and when
[50:46.020 --> 50:51.020]  they don't respond and they don't pay, then you go for their bonding company, and you
[50:51.020 --> 50:57.020]  sue the insurance company, and the insurance company will get their attention.
[50:57.020 --> 50:59.020]  I imagine they will.
[50:59.020 --> 51:05.020]  I tell you, these things, the way this all fell into place, like I was saying with this
[51:05.020 --> 51:11.020]  lawyer, we paid him nearly $30,000 in about an eight-month period of time, back and forth
[51:11.020 --> 51:13.020]  doing this, and still on temporary orders.
[51:13.020 --> 51:21.020]  When he filed a motion to withdraw, the day that he filed it, which was May the 7th, his
[51:21.020 --> 51:23.020]  court time was 1.30.
[51:23.020 --> 51:30.020]  At 1.49, a sous-fonte writ of attachment was put in force by this judge.
[51:30.020 --> 51:33.020]  On his own, just because he wanted to.
[51:33.020 --> 51:34.020]  Okay.
[51:34.020 --> 51:37.020]  Did you hear the first part of the show with Mike Handel?
[51:37.020 --> 51:38.020]  No, sir, I didn't.
[51:38.020 --> 51:40.020]  We just heard about the last three people.
[51:40.020 --> 51:42.020]  We weren't there any first.
[51:42.020 --> 51:43.020]  Okay.
[51:43.020 --> 51:47.020]  You might want to go back and listen to the archive.
[51:47.020 --> 51:54.020]  Mike Handel went through a lot of stuff, but he stayed after them.
[51:54.020 --> 52:02.020]  The problem is these people are criminals, and until you get things past them, they're
[52:02.020 --> 52:05.020]  going to do anything they want to.
[52:05.020 --> 52:07.020]  You need to get into higher courts.
[52:07.020 --> 52:13.020]  And one place in Cherokee County that they're concerned about is the Court of Appeals there
[52:13.020 --> 52:15.020]  in Tyler.
[52:15.020 --> 52:19.020]  Judge Fletcher called them the gods in Tyler.
[52:19.020 --> 52:24.020]  So that gave me the impression he was concerned about those judges.
[52:24.020 --> 52:29.020]  So you need to get what they're doing out of their court.
[52:29.020 --> 52:37.020]  And one way to do that is with a petition to the Court of Appeals for writ of mandamus.
[52:37.020 --> 52:42.620]  If the court is doing something they're not supposed to, or they're not doing something
[52:42.620 --> 52:50.180]  they're supposed to, then this is something that will interfere with the adjudication
[52:50.180 --> 52:51.860]  of the case.
[52:51.860 --> 52:56.260]  This is something you can go to the Court of Appeals and ask for a mandamus to order
[52:56.260 --> 53:03.100]  the judge to do what he's supposed to, and they are not going to like that one little
[53:03.100 --> 53:04.100]  bit.
[53:04.100 --> 53:07.100]  That's what our lawyer told us now.
[53:07.100 --> 53:13.100]  He had looked at that, but we were trying to go about it just a summer way just to maybe
[53:13.100 --> 53:14.100] ...
[53:14.100 --> 53:20.840]  The problem is your lawyer doesn't want the court mad at him, because he's going to be
[53:20.840 --> 53:24.460]  back next week with another client.
[53:24.460 --> 53:30.100]  So he's worried about... He's going to find all of these other ways to handle this.
[53:30.100 --> 53:33.340]  Well, we found one way to handle it.
[53:33.340 --> 53:38.060]  After the writ of attachment, it took, especially in 10 days, but it took us nearly a month
[53:38.060 --> 53:39.580]  and a half to get a hearing date.
[53:39.580 --> 53:44.460]  When we got there for the hearing, we got all our stuff to do for the writ of attachment.
[53:44.460 --> 53:49.460]  Well, they stalled us long enough because the police agency that had dropped the bottle
[53:49.460 --> 53:55.020]  in our son's case that we'd been on with both feet had issued a warrant for mine and my
[53:55.020 --> 54:00.920]  wife's arrest for giving a false report to a peace officer when they've never even interviewed
[54:00.920 --> 54:01.920]  our daughter.
[54:01.920 --> 54:02.920]  That's what it was about.
[54:02.920 --> 54:06.620]  We were arrested right there in court and didn't even get to do the hearing.
[54:06.620 --> 54:08.060]  How about that?
[54:08.060 --> 54:10.340]  That sounds like Cherokee County.
[54:10.340 --> 54:18.180]  Wait a minute, I have someone I need to get you in contact with.
[54:18.180 --> 54:19.180]  Okay.
[54:19.180 --> 54:21.620]  I don't know why I didn't think of Ken before.
[54:21.620 --> 54:23.220]  I'll get you in contact with Ken.
[54:23.220 --> 54:25.940]  He's the right one to handle this.
[54:25.940 --> 54:31.980]  He's also taken a shot at Cherokee County.
[54:31.980 --> 54:35.740]  We have a number of people that's ready to go after them.
[54:35.740 --> 54:36.900]  Let me do that.
[54:36.900 --> 54:38.900]  Let me get you in front of Ken.
[54:38.900 --> 54:39.900]  Okay.
[54:39.900 --> 54:45.060]  Send me an email and remind me so I'll see it in the morning and I'll get a hold of Ken
[54:45.060 --> 54:46.060]  and get you guys together.
[54:46.060 --> 54:47.060]  Okay.
[54:47.060 --> 54:52.420]  Well, we sure appreciate any help we can get because, like I said, we have spent so much
[54:52.420 --> 54:53.420]  time.
[54:53.420 --> 54:56.980]  We've been four and a half years, she just reminded me, on temporary orders trying to
[54:56.980 --> 55:03.060]  get stuff done and it just keeps getting worse and worse and worse.
[55:03.060 --> 55:04.060]  You know, the kids are back.
[55:04.060 --> 55:09.860]  The main thing is our kids are back over there at her ex's house who has had a non-explosion
[55:09.860 --> 55:16.180]  by Attorney General that he's so violent that she didn't even have to say where she lived.
[55:16.180 --> 55:20.780]  The child in the house was found reasonably by CPS for sexual abuse, the two parents for
[55:20.780 --> 55:22.420]  neglectful supervision.
[55:22.420 --> 55:26.700]  The judge's officer had explained that there was an order in place for the boy not to be
[55:26.700 --> 55:30.060]  in the house when the children were over there, but now he's starting to really, himself,
[55:30.060 --> 55:33.660]  to sponte to send the kids back over there indefinitely.
[55:33.660 --> 55:43.020]  Okay, everywhere I've went, family law is the most contentious.
[55:43.020 --> 55:50.500]  When I went to Australia, I was brought there by someone who had a family law issue.
[55:50.500 --> 55:58.020]  When I got off the airplane and we were going back up to Gosford where I was staying, we
[55:58.020 --> 56:03.520]  crossed the Sydney Bay Bridge and there's a guy up on the bridge with a big billboard
[56:03.520 --> 56:10.940]  with a big TARP sign up there just railing on the family courts.
[56:10.940 --> 56:14.060]  So this is everywhere.
[56:14.060 --> 56:17.900]  Well I'll tell you that guy that was on there just before us from Louisiana talking about
[56:17.900 --> 56:24.100]  the transcripts and things, we in this case got into a situation where, like I said, the
[56:24.100 --> 56:27.620]  lawyer withdrew and we had to get another one, but the temporary orders that the last
[56:27.620 --> 56:33.180]  lawyer had done, mysteriously after they found out he was off the case, they disappeared.
[56:33.180 --> 56:38.140]  They're not in her court file, nobody could tell us about them, and we had to go, just
[56:38.140 --> 56:39.380]  like I said, and get the transcript.
[56:39.380 --> 56:43.180]  Wait a minute, do you have a copy of it?
[56:43.180 --> 56:44.180]  The transcripts?
[56:44.180 --> 56:46.940]  Yeah, did your lawyer give you back all your records?
[56:46.940 --> 56:48.500]  No, he sure did not.
[56:48.500 --> 56:51.860]  He did not give us any of the discovery stuff or anything, he did not.
[56:51.860 --> 56:54.820]  Go to bargrievance.net and grieve the crap out of him.
[56:54.820 --> 56:58.820]  He did it today after you sent that to him, he's already done it.
[56:58.820 --> 57:04.060]  But yeah, he found out for several months, he had done not one thing for us, and as a
[57:04.060 --> 57:09.540]  matter of fact, the hearing for him to withdraw, he told us a different town, because he's
[57:09.540 --> 57:10.540]  from Tyler.
[57:10.540 --> 57:13.820]  This was in Cherokee County, he told us that the hearing was in Tyler, which didn't make
[57:13.820 --> 57:18.140]  any sense to me, but so when we were in Tyler, we couldn't figure out what was going on,
[57:18.140 --> 57:23.340]  it was going on down in Cherokee County at the time.
[57:23.340 --> 57:27.300]  That should get another bar grievance.
[57:27.300 --> 57:31.100]  You know, we shouldn't do these things, you know, and calling the people that we've called
[57:31.100 --> 57:37.180]  and give the sheer run around, it's just unbelievable.
[57:37.180 --> 57:39.260]  You are talking to the gallery here.
[57:39.260 --> 57:43.660]  We hear this all the time, and I understand your frustration, but I really need to move
[57:43.660 --> 57:44.660]  on.
[57:44.660 --> 57:45.660]  We've got several more callers.
[57:45.660 --> 57:49.100]  Send me an email, I'll get you in touch with Ken tomorrow.
[57:49.100 --> 57:50.900]  Thank you very much.
[57:50.900 --> 57:53.420]  Okay, thank you, Kevin.
[57:53.420 --> 57:56.260]  Now we are about to go on break.
[57:56.260 --> 58:00.500]  This is our top of the hour break, so it'll be a three minute break and we'll come back
[58:00.500 --> 58:16.460]  and we'll go to Bob in Texas, then Donna in LV, Latvia, maybe it's a typo, we'll talk
[58:16.460 --> 58:18.920]  to Bob and Donna when we come back.
[58:18.920 --> 58:27.220]  Our call in number is 512-646-1984, give us a call, we're going into our last hour and
[58:27.220 --> 58:31.340]  things begin to pick up on the end.
[58:31.340 --> 58:33.940]  I do have a few more seconds.
[58:33.940 --> 58:40.900]  I don't tell my listeners often enough how much I appreciate you folks being out there
[58:40.900 --> 58:46.980]  and the hard questions you ask when you call in really makes me look good.
[58:46.980 --> 58:50.860]  We'll be right back.
[58:50.860 --> 58:54.700]  Would you like to make more definite progress in your walk with God?
[58:54.700 --> 59:00.200]  Bibles for America is offering a free study Bible and a set of free Christian books that
[59:00.200 --> 59:01.540]  can really help.
[59:01.540 --> 59:05.980]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.980 --> 59:06.980]  today.
[59:06.980 --> 59:10.900]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.900 --> 59:14.000]  to know God and to know the meaning of life.
[59:14.000 --> 59:19.260]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:19.260 --> 59:25.020]  Chapter by chapter Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:25.020 --> 59:28.460]  growing in Christ and how to build up the church.
[59:28.460 --> 59:33.460]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.460 --> 01:00:03.340]  Life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[01:00:03.340 --> 01:00:09.180]  You're listening to the Liberty Beat, your daily source for Liberty News and activist
[01:00:09.180 --> 01:00:12.020]  updates online at thelibertybeat.com.
[01:00:12.020 --> 01:00:19.100]  John Bush here with Your Liberty Beat for May 31, 2013.
[01:00:19.100 --> 01:00:26.020]  Gold opened today at $1402, silver at $22.55 and bitcoin is trading at $129.
[01:00:26.020 --> 01:00:30.620]  Support for the Liberty Beat comes from Brave New Books, free thinking materials for free
[01:00:30.620 --> 01:00:35.840]  thanking people since 2006 in Austin and 1904 Guadalupe Street.
[01:00:35.840 --> 01:00:41.060]  And from Central Texas Gunworks, CHL courses, self-defense training and firearm sales online
[01:00:41.060 --> 01:00:44.140]  at centraltexasgunworks.com.
[01:00:44.140 --> 01:00:45.520]  And now the news.
[01:00:45.520 --> 01:00:49.820]  Three schools in Polk County, Florida have implemented what's called an I-Swipe nano
[01:00:49.820 --> 01:00:53.660]  program without even receiving the student's parental permission.
[01:00:53.660 --> 01:00:58.100]  Stanley Convergent Security Solutions, the company responsible for developing the program,
[01:00:58.100 --> 01:01:02.500]  takes pictures of the student's irises and can then identify when and where the students
[01:01:02.500 --> 01:01:06.980]  get on the bus, when they arrive at school, when and what bus the student boards and when
[01:01:06.980 --> 01:01:08.380]  and where they get off.
[01:01:08.380 --> 01:01:12.460]  Rob Davis, the school board's senior director of support services, says the program is an
[01:01:12.460 --> 01:01:17.460]  effort to enhance student safety and claims the I-Swipe nano is an ideal replacement for
[01:01:17.460 --> 01:01:21.760]  the card since your child won't be responsible for having to carry an ID.
[01:01:21.760 --> 01:01:25.480]  One parent expressed outrage at a Facebook post saying the school has stolen information
[01:01:25.480 --> 01:01:27.080]  that cannot be retrieved.
[01:01:27.080 --> 01:01:31.780]  Due to further backlash, the school's program is currently suspended and Davis says that
[01:01:31.780 --> 01:01:39.480]  the student's information has been destroyed.
[01:01:39.480 --> 01:01:42.600]  Freedom activist Adam Kokesh has announced that he's canceling the planned 4th of July
[01:01:42.600 --> 01:01:46.840]  armed march on Washington, D.C. and instead is urging Second Amendment supporters to march
[01:01:46.840 --> 01:01:51.500]  on their local state capitol and protest government tyranny and Second Amendment restrictions.
[01:01:51.500 --> 01:01:56.020]  In an interview with Info Wars, the radio show, Kokesh said, when it comes to this event
[01:01:56.020 --> 01:01:59.900]  being executed properly, when the government has already escalated the violent tactics
[01:01:59.900 --> 01:02:04.060]  against me personally as an organizer, I can't in good conscience go forward with a plan
[01:02:04.060 --> 01:02:07.120]  that is so centrally dependent and not open source.
[01:02:07.120 --> 01:02:10.340]  So far, the march has gained over 5,000 Facebook supporters.
[01:02:10.340 --> 01:02:14.120]  According to DC law, a person carrying a gun outside of their home or place of business
[01:02:14.120 --> 01:02:22.880]  can face up to five years in prison and a $5,000 fine.
[01:02:22.880 --> 01:02:27.680]  Boston bombing suspect Dzhokhar Sarnav suffered severe bullet wounds to the neck and has been
[01:02:27.680 --> 01:02:30.720]  unable to talk until recently he regained his voice.
[01:02:30.720 --> 01:02:35.120]  A 19-year-old Chechnyan suspect made a phone call to his mother from inside the Boston
[01:02:35.120 --> 01:02:37.680]  medical prison where he is being held.
[01:02:37.680 --> 01:02:41.800]  Dzhokhar's mother said her son sounded normal but maintained his innocence.
[01:02:41.800 --> 01:02:45.800]  He told her his wounds were healing rapidly and that everything was in God's hands and
[01:02:45.800 --> 01:02:47.680]  to be patient.
[01:02:47.680 --> 01:02:50.200]  Support for the Liberty Beat comes from tomorrow's Meals Today.
[01:02:50.200 --> 01:02:55.800]  Get South Austin Market Days every Saturday from 3 to 7 p.m. at 10106 Manchac Road.
[01:02:55.800 --> 01:03:25.640]  Information at TomorrowsMealsToday.com and from Capital City Automotive.
[01:03:55.800 --> 01:04:08.760]  Okay, we are back, Randy Kelton, Deborah Stevens, WU of Law Radio, and we're going
[01:04:08.760 --> 01:04:11.280]  to Bob in Texas.
[01:04:11.280 --> 01:04:12.840]  Hello, Bob.
[01:04:12.840 --> 01:04:14.240]  Hello, Randy.
[01:04:14.240 --> 01:04:17.280]  How are you tonight?
[01:04:17.280 --> 01:04:18.440]  Sounding fine?
[01:04:18.440 --> 01:04:19.440]  I am good.
[01:04:19.440 --> 01:04:21.080]  What do you have for us today?
[01:04:21.080 --> 01:04:28.920]  Well, gosh, I'm almost embarrassed to ask you, but would you please go over a proactive
[01:04:28.920 --> 01:04:32.320]  law statement or a proactive statement?
[01:04:32.320 --> 01:04:38.040]  What I'm having trouble with is when I write a petition, I read back through it and I say,
[01:04:38.040 --> 01:04:44.200]  well, now, is that statement proactive or is it interpretive?
[01:04:44.200 --> 01:04:46.520]  You know, that's where I'm having my problem.
[01:04:46.520 --> 01:04:50.820]  I'm not sure what you mean by proactive.
[01:04:50.820 --> 01:04:59.040]  When I use the term proactive, I use it to reference something that I do or someone else
[01:04:59.040 --> 01:05:06.080]  does intentionally and voluntarily wherein they make some sort of claim.
[01:05:06.080 --> 01:05:09.680]  Well, that's where I'm having my problem.
[01:05:09.680 --> 01:05:20.360]  You know, I can list a site or a legal definition or even reference a code, but then I'm having
[01:05:20.360 --> 01:05:27.880]  problems tying it to the point that I'm getting across without what I think it may be.
[01:05:27.880 --> 01:05:31.760]  Oh, making proactive statements out of your own mouth.
[01:05:31.760 --> 01:05:33.840]  Yes, that's what I'm...
[01:05:33.840 --> 01:05:34.840]  Okay.
[01:05:34.840 --> 01:05:35.840]  Okay.
[01:05:35.840 --> 01:05:41.960]  Making proactive statements of law out of your own mouth.
[01:05:41.960 --> 01:05:42.960]  Yes.
[01:05:42.960 --> 01:05:43.960]  Uh-huh.
[01:05:43.960 --> 01:05:54.180]  Now, you can say, this guy did this and he did that, the dirty rotten scoundrel, he's
[01:05:54.180 --> 01:05:56.560]  guilty of this crime.
[01:05:56.560 --> 01:06:03.160]  Now, you can make the proactive statement that he's guilty of the crime, but you don't
[01:06:03.160 --> 01:06:04.680]  define the crime.
[01:06:04.680 --> 01:06:10.440]  I'm sorry, I'm trying to get the right way to say this.
[01:06:10.440 --> 01:06:19.760]  Your opinion or your conclusion that can be proactive, then you cite the statute that
[01:06:19.760 --> 01:06:21.040]  he actually violated.
[01:06:21.040 --> 01:06:24.640]  I lost my place there a minute ago.
[01:06:24.640 --> 01:06:29.800]  So when I say never make a proactive statement of law out of your own mouth, that's what
[01:06:29.800 --> 01:06:30.800]  I'm going to.
[01:06:30.800 --> 01:06:33.120]  I'm not going to your opinion about the law.
[01:06:33.120 --> 01:06:34.120]  Yeah.
[01:06:34.120 --> 01:06:35.120]  Yeah.
[01:06:35.120 --> 01:06:42.880]  I read a lot of these documents where they say, you can do this and you can't do that.
[01:06:42.880 --> 01:06:49.160]  And I'm reading it from the perspective of a researcher and from the perspective of never
[01:06:49.160 --> 01:06:51.320]  make a proactive statement of law out of your own mouth.
[01:06:51.320 --> 01:06:53.680]  So when you say, I can't do this, where?
[01:06:53.680 --> 01:06:55.180]  Where is that?
[01:06:55.180 --> 01:06:56.180]  What law?
[01:06:56.180 --> 01:06:57.180]  What statute?
[01:06:57.180 --> 01:06:59.580]  What case law?
[01:06:59.580 --> 01:07:03.000]  That is not so hard to do.
[01:07:03.000 --> 01:07:07.200]  You're writing up documents, legal documents, right?
[01:07:07.200 --> 01:07:08.200]  Right.
[01:07:08.200 --> 01:07:09.200]  Okay.
[01:07:09.200 --> 01:07:12.600]  I'm going to give you a really great tool.
[01:07:12.600 --> 01:07:18.440]  Call a couple of lawyers and ask them if they have any old O'Connor's around.
[01:07:18.440 --> 01:07:30.640]  Tell them your kid's doing a paper in high school on something law related or the legal
[01:07:30.640 --> 01:07:41.600]  profession and ask him if he has any old O'Connor's around that he can get for the kids so he
[01:07:41.600 --> 01:07:45.280]  can take them to school and show them around.
[01:07:45.280 --> 01:07:46.280]  Okay.
[01:07:46.280 --> 01:07:47.280]  O'Connor.
[01:07:47.280 --> 01:07:51.840]  And what you're likely to do is like a woman in Nama really did, where I told her to do
[01:07:51.840 --> 01:08:00.320]  that and the second law firm that she called said, do you have a pickup truck or station
[01:08:00.320 --> 01:08:03.920]  wagon or a pickup truck?
[01:08:03.920 --> 01:08:07.880]  Because what they do is they get litigation guides.
[01:08:07.880 --> 01:08:14.560]  The lawyer does not sit down and write up a motion from scratch.
[01:08:14.560 --> 01:08:22.640]  He goes to O'Connor's forms, the Texas civil forms, and they got the form in there and
[01:08:22.640 --> 01:08:25.020]  they fill it out.
[01:08:25.020 --> 01:08:33.980]  When we're out here, we're pro se is building documents, we have a tendency to build documents.
[01:08:33.980 --> 01:08:36.520]  We need to fix that.
[01:08:36.520 --> 01:08:42.400]  What we need to learn to do is look around whatever state we're in for the litigation
[01:08:42.400 --> 01:08:53.600]  guides and what is the standard form for this motion that lawyers are using.
[01:08:53.600 --> 01:08:58.620]  You can write up a motion and do all your research and have all your case law and your
[01:08:58.620 --> 01:09:10.140]  statutory law in there and you take it to the court and you got 20 cases cited in there.
[01:09:10.140 --> 01:09:17.040]  The lawyer on the other side brings a document with 20 or 30 cases cited in it, but his document
[01:09:17.040 --> 01:09:22.440]  is a fill in the blanks standard form.
[01:09:22.440 --> 01:09:30.720]  The reason he wants that form is when the judge picks up his document, he will find
[01:09:30.720 --> 01:09:38.120]  everything in the document exactly the way he expects to find it.
[01:09:38.120 --> 01:09:46.640]  And at least 15 of the 20 cases, he will have seen 50 to 100 times.
[01:09:46.640 --> 01:09:52.720]  So he didn't have to pay attention to that and he can go right down to that part of the
[01:09:52.720 --> 01:09:56.820]  motion that asked for whatever they want.
[01:09:56.820 --> 01:09:59.000]  Then they get the pro se's motion.
[01:09:59.000 --> 01:10:02.720]  It's got 20 cases the judge has never heard of.
[01:10:02.720 --> 01:10:10.580]  He's got to figure out where everything is because it's not where he expects to see it.
[01:10:10.580 --> 01:10:11.580]  And what's he going to do?
[01:10:11.580 --> 01:10:15.240]  He's got 30 more motions in front of him to read.
[01:10:15.240 --> 01:10:20.400]  Well, that's why I understand that.
[01:10:20.400 --> 01:10:25.080]  My first petition for dismissal was 17 pages long, type written.
[01:10:25.080 --> 01:10:26.080]  Yeah.
[01:10:26.080 --> 01:10:34.540]  See, you need to get the O'Connor's legal forms and they will show you the structure
[01:10:34.540 --> 01:10:37.680]  all the lawyers are using.
[01:10:37.680 --> 01:10:42.680]  So when the judge picks up your motion, he will find everything where he expects to find
[01:10:42.680 --> 01:10:44.980]  it.
[01:10:44.980 --> 01:10:50.880]  You can have your argument, depending on which form it is, it may cause you to break up your
[01:10:50.880 --> 01:10:56.120]  argument into pieces and pay real close attention to those forms.
[01:10:56.120 --> 01:10:59.280]  They're very well done.
[01:10:59.280 --> 01:11:03.920]  And the forms themselves will teach you a lot about how to plead these things, but they'll
[01:11:03.920 --> 01:11:06.880]  also get your pleadings read.
[01:11:06.880 --> 01:11:07.880]  Okay.
[01:11:07.880 --> 01:11:11.600]  Well, that's the biggest part of it.
[01:11:11.600 --> 01:11:15.240]  I think the biggest trouble is to get them to even look at what you hand them.
[01:11:15.240 --> 01:11:16.240]  Yeah.
[01:11:16.240 --> 01:11:21.960]  They see that and recognize that your form doesn't match the form the lawyers all give
[01:11:21.960 --> 01:11:22.960]  him.
[01:11:22.960 --> 01:11:23.960]  Yeah.
[01:11:23.960 --> 01:11:27.160]  That sets off the red flags immediately.
[01:11:27.160 --> 01:11:37.040]  If you're in Texas and you find O'Connor's litigation guys, they've got causes of action,
[01:11:37.040 --> 01:11:45.800]  they've got appeal appeals, they've got trial court, appellate court, what's the other one?
[01:11:45.800 --> 01:11:58.680]  They have a federal one, but they have just about every statute set, torts and remedies
[01:11:58.680 --> 01:12:00.880]  and business and commerce.
[01:12:00.880 --> 01:12:03.860]  They've got so many of them, I lose track of all of them.
[01:12:03.860 --> 01:12:10.080]  But all of those, they have a litigation guide that says, here's a motion, here's when you
[01:12:10.080 --> 01:12:12.200]  file it, here's how you file it.
[01:12:12.200 --> 01:12:16.920]  Here's all the case law and support of each of the issues and here's how you defend against
[01:12:16.920 --> 01:12:17.920]  it.
[01:12:17.920 --> 01:12:22.480]  So they have all the standard stuff is in there exactly the way the judge expects to
[01:12:22.480 --> 01:12:23.480]  see it.
[01:12:23.480 --> 01:12:27.840]  So anyway, I can't emphasize that too much.
[01:12:27.840 --> 01:12:31.960]  That will save you a tremendous amount of problems.
[01:12:31.960 --> 01:12:37.600]  I'll get a hold of O'Connor's litigation guide and then probably have to rewrite, I've got
[01:12:37.600 --> 01:12:41.840]  a folder full here, I'm fixing to file, rewrite those.
[01:12:41.840 --> 01:12:45.840]  And I want to thank you for all the plagiarism that you've let me get on.
[01:12:45.840 --> 01:12:50.360]  Well, I take that as a compliment.
[01:12:50.360 --> 01:12:55.800]  I just told somebody the other day that sent me a document and he said, what do you think
[01:12:55.800 --> 01:12:56.800]  about it?
[01:12:56.800 --> 01:13:02.640]  Well, I'm honing up my primary skill.
[01:13:02.640 --> 01:13:04.800]  He said, you're going to plagiarize my document?
[01:13:04.800 --> 01:13:05.800]  Absolutely.
[01:13:05.800 --> 01:13:16.720]  I thought I at least owe you a hearty thank you for the help and maybe we can get something
[01:13:16.720 --> 01:13:17.720]  turned around.
[01:13:17.720 --> 01:13:18.720]  Yeah.
[01:13:18.720 --> 01:13:21.760]  If we can start kicking these guys around, we'll start getting their attention.
[01:13:21.760 --> 01:13:22.760]  We may get this fixed.
[01:13:22.760 --> 01:13:29.640]  They're going to earn their $500 if they charge me.
[01:13:29.640 --> 01:13:30.640]  Good.
[01:13:30.640 --> 01:13:31.640]  Okay.
[01:13:31.640 --> 01:13:34.640]  Thank you, Bob.
[01:13:34.640 --> 01:13:38.960]  Now we're going to Donna.
[01:13:38.960 --> 01:13:39.960]  Hello Donna.
[01:13:39.960 --> 01:13:44.480]  I don't have your state.
[01:13:44.480 --> 01:13:45.480]  Donna are you there?
[01:13:45.480 --> 01:13:47.680]  Did we lose you?
[01:13:47.680 --> 01:13:50.760]  Donna's been hanging on for a while.
[01:13:50.760 --> 01:13:52.160]  Okay.
[01:13:52.160 --> 01:13:54.600]  It looks like we've lost Donna.
[01:13:54.600 --> 01:13:58.800]  We're going to go to Jeff in Maryland.
[01:13:58.800 --> 01:14:00.640]  Hello, Jeff.
[01:14:00.640 --> 01:14:03.840]  Hello, Randy.
[01:14:03.840 --> 01:14:04.840]  How are you today?
[01:14:04.840 --> 01:14:05.840]  Old timer.
[01:14:05.840 --> 01:14:06.840]  I'm in great shape.
[01:14:06.840 --> 01:14:07.840]  A comment on the O'Connor's.
[01:14:07.840 --> 01:14:20.480]  I love them, but the thing that your students need to be aware of is that like if you're
[01:14:20.480 --> 01:14:26.440]  filing a motion, there's a memorandum in support of that motion.
[01:14:26.440 --> 01:14:27.440]  That's one document.
[01:14:27.440 --> 01:14:32.760]  Then you have the affidavit that goes with the motion and then you have the motion and
[01:14:32.760 --> 01:14:36.200]  those are three separate documents, but they're all within O'Connor's.
[01:14:36.200 --> 01:14:42.600]  So one document when two or three are required.
[01:14:42.600 --> 01:14:43.600]  Very good point.
[01:14:43.600 --> 01:14:46.600]  And generally there's one more of the order.
[01:14:46.600 --> 01:14:55.520]  Well, see what I've seen people do is they'll see the memorandum in support of their motion
[01:14:55.520 --> 01:15:02.400]  and they'll try to file that in as though it were the motion and not include an affidavit
[01:15:02.400 --> 01:15:04.080]  and not include the motion.
[01:15:04.080 --> 01:15:09.640]  And if it's the way O'Connor's writes it up is to have the motion to like, one of my favorites
[01:15:09.640 --> 01:15:13.840]  is a motion to a disqualify opposing counsel.
[01:15:13.840 --> 01:15:16.680]  I love that one.
[01:15:16.680 --> 01:15:20.320]  As soon as he testifies, that motion goes in.
[01:15:20.320 --> 01:15:25.280]  You know, as soon as he states one fact, that motion goes in.
[01:15:25.280 --> 01:15:26.280]  Pardon?
[01:15:26.280 --> 01:15:27.280]  Wonderful.
[01:15:27.280 --> 01:15:30.920]  Do you have O'Connor's forms?
[01:15:30.920 --> 01:15:31.920]  I do.
[01:15:31.920 --> 01:15:32.920]  I do.
[01:15:32.920 --> 01:15:33.920]  But it's up on my computer.
[01:15:33.920 --> 01:15:34.920]  Okay.
[01:15:34.920 --> 01:15:43.800]  I was going to say I could, I have taken O'Connor's forms and built it into a mind map.
[01:15:43.800 --> 01:15:46.200]  It makes it a whole lot easier to sort through them.
[01:15:46.200 --> 01:15:51.120]  You can open the map and see where everything is all at once and then go right to what you
[01:15:51.120 --> 01:15:53.640]  need.
[01:15:53.640 --> 01:15:57.640]  If you'll send me an email, I will dig that out and send it to you.
[01:15:57.640 --> 01:15:58.640]  Wonderful.
[01:15:58.640 --> 01:15:59.640]  Thank you.
[01:15:59.640 --> 01:16:00.640]  I love that.
[01:16:00.640 --> 01:16:04.880]  I think you'll find that very helpful when I, when I have trouble figuring out where
[01:16:04.880 --> 01:16:09.760]  something is, I'll just go to the map and it makes it a whole lot easier to find everything.
[01:16:09.760 --> 01:16:10.760]  All right.
[01:16:10.760 --> 01:16:14.720]  Now, there could be a couple of other things that go along with what your previous, what
[01:16:14.720 --> 01:16:16.520]  you were saying to your previous caller.
[01:16:16.520 --> 01:16:21.720]  And this is, this is an add on or add to, this is not a criticism.
[01:16:21.720 --> 01:16:22.720]  Okay.
[01:16:22.720 --> 01:16:29.960]  When we file our initial complaints, especially FDCPA or TCPA or FCRA, what we'll do is we'll
[01:16:29.960 --> 01:16:35.880]  go up to Cornell University and look up a particular statute that's in our cause of
[01:16:35.880 --> 01:16:39.240]  action and include a copy of it.
[01:16:39.240 --> 01:16:40.240]  Sure.
[01:16:40.240 --> 01:16:41.240]  Okay.
[01:16:41.240 --> 01:16:42.240]  Okay.
[01:16:42.240 --> 01:16:43.240]  Hold on just a second.
[01:16:43.240 --> 01:16:44.880]  We've got about 15 seconds left.
[01:16:44.880 --> 01:16:45.880]  Sure.
[01:16:45.880 --> 01:16:48.560]  Let's pick this up on the other side and I'm glad you called in, Jeff.
[01:16:48.560 --> 01:16:51.760]  It's been, hadn't been off it enough.
[01:16:51.760 --> 01:16:54.880]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:16:54.880 --> 01:16:58.600]  Our call-in number 512-646-1984.
[01:16:58.600 --> 01:16:59.600]  We'll be right back.
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[01:19:24.680 --> 01:19:48.520]  Okay, we are back, Randy Calvin Davis-Stevens and we're talking to Jeff in Maryland.
[01:19:48.520 --> 01:19:55.960]  Okay, go ahead, Jeff, and if it comes up criticism of me, that's okay.
[01:19:55.960 --> 01:19:56.960]  I can take it.
[01:19:56.960 --> 01:19:59.200]  I criticize you all the time, so I deserve it.
[01:19:59.200 --> 01:20:03.160]  Yeah, I've made mention of a number of things from you and you sort of pooh-poohed me at
[01:20:03.160 --> 01:20:06.960]  first and about six months later, next thing I know, you're using them, so.
[01:20:06.960 --> 01:20:10.200]  Yeah, I know that.
[01:20:10.200 --> 01:20:12.080]  I would never admit it.
[01:20:12.080 --> 01:20:17.200]  Well, I admitted it for you.
[01:20:17.200 --> 01:20:20.240]  I'll accept your silent apology.
[01:20:20.240 --> 01:20:24.880]  And he's right about that.
[01:20:24.880 --> 01:20:31.160]  He brought up some major things that it took me a while to mature into.
[01:20:31.160 --> 01:20:33.240]  You noticed how I shot that one in there?
[01:20:33.240 --> 01:20:34.440]  Yeah, yeah, yeah.
[01:20:34.440 --> 01:20:40.040]  At the same time, you're very focused on what you've got in front of you and you don't want
[01:20:40.040 --> 01:20:44.320]  to be distracted and I can understand that.
[01:20:44.320 --> 01:20:50.600]  Whatever has frustrated me because I couldn't, you could see something that I couldn't.
[01:20:50.600 --> 01:20:58.800]  Well, you know, that's the reason why, you know, doing what we do, we work as teams and
[01:20:58.800 --> 01:21:05.640]  there's four of us and we're all in the trenches at the same time that we're tutoring or answering
[01:21:05.640 --> 01:21:06.640]  questions.
[01:21:06.640 --> 01:21:12.480]  So when we have an answer for somebody, it comes out of our experience, not out of something
[01:21:12.480 --> 01:21:15.200]  that we may have read in a book or a white paper.
[01:21:15.200 --> 01:21:16.200]  Yeah.
[01:21:16.200 --> 01:21:17.200]  Okay.
[01:21:17.200 --> 01:21:22.880]  Well, I did appreciate that though, even though I pooh-poohed you.
[01:21:22.880 --> 01:21:27.920]  Yeah, well, I can talk to you.
[01:21:27.920 --> 01:21:28.920]  Okay.
[01:21:28.920 --> 01:21:29.920]  Thank you, Jake.
[01:21:29.920 --> 01:21:30.920]  Thank you, Jeff.
[01:21:30.920 --> 01:21:31.920]  You're welcome.
[01:21:31.920 --> 01:21:36.560]  I'll be looking forward to hearing back from you.
[01:21:36.560 --> 01:21:42.760]  And also, oh, well, before you go quickly, have you ever done any notices of default
[01:21:42.760 --> 01:21:44.680]  in the record?
[01:21:44.680 --> 01:21:51.080]  I have not had occasion to do that as yet, but Dave has, he's done that several times.
[01:21:51.080 --> 01:21:52.080]  Okay.
[01:21:52.080 --> 01:21:53.080]  Well, think about-
[01:21:53.080 --> 01:21:58.600]  We've found that even when they get a judgment for default and the attorneys come in later
[01:21:58.600 --> 01:22:03.220]  and the judge would vacate the default.
[01:22:03.220 --> 01:22:08.360]  And there's a reason behind that.
[01:22:08.360 --> 01:22:14.680]  What that reason is, is that everybody is entitled to their day in court.
[01:22:14.680 --> 01:22:20.040]  Oh no, no, that's not where I'm going.
[01:22:20.040 --> 01:22:21.600]  Oh, okay.
[01:22:21.600 --> 01:22:30.000]  When you violate a covenant of the deed of trust, the bank will file a notice of default.
[01:22:30.000 --> 01:22:32.160]  Oh, that, yes.
[01:22:32.160 --> 01:22:33.720]  I've seen those.
[01:22:33.720 --> 01:22:39.400]  So when the bank violates the covenant of the deed of trust, why are we whining about
[01:22:39.400 --> 01:22:43.600]  it to the courts and not filing a notice of default in the record?
[01:22:43.600 --> 01:22:53.240]  Well, one of the things you can do with that is, is that you can basically cause the foreclosure
[01:22:53.240 --> 01:23:01.200]  suit to be dismissed without prejudice, mind you, because in spite of what they have said
[01:23:01.200 --> 01:23:07.760]  at the beginning of their pleading, where they say that they have completed all conditions
[01:23:07.760 --> 01:23:12.160]  precedent, they have not.
[01:23:12.160 --> 01:23:14.960]  Not if that notice of default's in there.
[01:23:14.960 --> 01:23:16.200]  Pardon?
[01:23:16.200 --> 01:23:22.960]  If the notice of default is in there and unchallenged, then they haven't, oh wait, you're going
[01:23:22.960 --> 01:23:25.080]  to something else that hasn't done.
[01:23:25.080 --> 01:23:31.000]  Well, you know, if they haven't filed the notice of default or if they found the notice
[01:23:31.000 --> 01:23:36.240]  of default that was defective, then they have not completed their conditions proceeding
[01:23:36.240 --> 01:23:37.960]  to filing the foreclosure case.
[01:23:37.960 --> 01:23:38.960]  Okay.
[01:23:38.960 --> 01:23:42.440]  I was talking about the client filing the notice of default.
[01:23:42.440 --> 01:23:47.240]  Well, I suppose he could, but I'm not sure how much good it's going to do him.
[01:23:47.240 --> 01:23:49.440]  It clouded the crap out of the title.
[01:23:49.440 --> 01:23:53.040]  We had a guy in Washington do that.
[01:23:53.040 --> 01:23:57.240]  And the law firm who was doing the foreclosure called him jumping up and down and railing
[01:23:57.240 --> 01:23:58.240]  and threatening him.
[01:23:58.240 --> 01:24:02.240]  And he told them to go screw themselves.
[01:24:02.240 --> 01:24:05.480]  Immediately they sold the note to another servicer.
[01:24:05.480 --> 01:24:06.480]  Right.
[01:24:06.480 --> 01:24:13.800]  Well, there's another thing too that goes along with that and you'd be surprised how
[01:24:13.800 --> 01:24:15.200]  often this happens.
[01:24:15.200 --> 01:24:25.040]  They'll send you a notice of default, but it contains no opportunity to cure as another
[01:24:25.040 --> 01:24:27.440]  condition proceeding that they have not completed.
[01:24:27.440 --> 01:24:34.160]  I was just reading that in some California research is due this morning and you get the
[01:24:34.160 --> 01:24:38.800]  four ended up with the foreclosure case being dismissed because they haven't, they have
[01:24:38.800 --> 01:24:45.160]  not completed the conditions preceding and all those conditions had to be completed now.
[01:24:45.160 --> 01:24:49.240]  And there's the administrative process, but they all have to be completed.
[01:24:49.240 --> 01:24:58.440]  Yeah, we, we are looking at those things now, how to really undermine them in less conspicuous
[01:24:58.440 --> 01:25:01.280]  court cases.
[01:25:01.280 --> 01:25:09.080]  Like we go in and say, your honor, this guy filed this document, but the notary's bogus
[01:25:09.080 --> 01:25:17.040]  because we sent a letter to the notary asking for evidence of the authentication and let
[01:25:17.040 --> 01:25:25.160]  her bounce back and the notary hasn't changed her address with the secretary of state.
[01:25:25.160 --> 01:25:30.200]  Therefore we maintain that the notary is insufficient.
[01:25:30.200 --> 01:25:36.080]  Absent acknowledgement or I'm sorry, absent authentication by a notary.
[01:25:36.080 --> 01:25:45.140]  The document is effectively insufficient to invoke the jurisdiction of the court.
[01:25:45.140 --> 01:25:50.000]  So the document's void, it's unenforceable and we ask the court to rule that it's unenforceable
[01:25:50.000 --> 01:25:54.580]  because this notary is not perfected.
[01:25:54.580 --> 01:25:58.060]  So you're not asking him to rule against the value of the document.
[01:25:58.060 --> 01:26:02.200]  You're not asking him to render some ruling that'll change the world.
[01:26:02.200 --> 01:26:04.560]  Oh yeah, he missed a step.
[01:26:04.560 --> 01:26:12.060]  Okay, go fix the step and get this annoying nitpicking guy out of my face.
[01:26:12.060 --> 01:26:18.160]  You get that ruling and bam, you drop a warranty deed in the record right now.
[01:26:18.160 --> 01:26:23.640]  Or if you've been foreclosed on, you don't bring it up in court that his ruling could
[01:26:23.640 --> 01:26:29.960]  undermine something somewhere else because it's none of his business anyway, but his
[01:26:29.960 --> 01:26:33.280]  ruling can undermine a foreclosure that's already gone on.
[01:26:33.280 --> 01:26:34.280]  It can.
[01:26:34.280 --> 01:26:42.960]  One of the things I was mentioning before the commercial interruption or as G. Gordon
[01:26:42.960 --> 01:26:48.400]  Liddy used to refer to in a crass commercial message was that when we file our complaints
[01:26:48.400 --> 01:26:54.280]  in and we enter a cause of action where we're citing statutes, we'll go up onto the law
[01:26:54.280 --> 01:27:01.440]  library at Cornell University, look up that statute and include a copy of it for the judge's
[01:27:01.440 --> 01:27:09.080]  benefit because in the case of our situation where we're doing FDCPA, FCRA, and TCPA actions,
[01:27:09.080 --> 01:27:13.240]  these judges are not necessarily going to be well versed with that particular set of
[01:27:13.240 --> 01:27:14.240]  laws.
[01:27:14.240 --> 01:27:17.640]  So we include copies with that.
[01:27:17.640 --> 01:27:25.680]  And when we're citing in our motions or whatever where we're citing case law, oft times we'll
[01:27:25.680 --> 01:27:35.040]  include copies of the record of that case law, the judicial order, so the judge can
[01:27:35.040 --> 01:27:37.120]  read it and not have to go look it up.
[01:27:37.120 --> 01:27:42.680]  And this sort of ingratiates us.
[01:27:42.680 --> 01:27:48.880]  To the court, you make the court's job easier?
[01:27:48.880 --> 01:27:49.880]  Yes.
[01:27:49.880 --> 01:27:50.880]  Yeah.
[01:27:50.880 --> 01:27:54.960]  He's going to be a little more lenient to your side.
[01:27:54.960 --> 01:27:58.880]  That's exactly what I was talking about with the litigation guides.
[01:27:58.880 --> 01:28:02.840]  I was really looking at it for so much that he would be more lenient because I really
[01:28:02.840 --> 01:28:05.400]  have no expectation of that.
[01:28:05.400 --> 01:28:10.440]  Well, he'll be less unintentionally biased.
[01:28:10.440 --> 01:28:11.440]  Or hostile.
[01:28:11.440 --> 01:28:12.440]  Yeah.
[01:28:12.440 --> 01:28:13.440]  Hostile.
[01:28:13.440 --> 01:28:15.440]  God, another prose.
[01:28:15.440 --> 01:28:24.540]  Well, irritated, if not outright hostile, just annoyed enough that it tends to influence
[01:28:24.540 --> 01:28:31.720]  his judgment one way or another, even an honest judge, if you really get him right.
[01:28:31.720 --> 01:28:41.480]  And some suggestions for your audience also, a joint pacer, it's relatively inexpensive.
[01:28:41.480 --> 01:28:48.440]  I think my largest bill has been for $75 for a quarter, but you would be what you can find
[01:28:48.440 --> 01:28:53.240]  in the way of case law in support of your own case.
[01:28:53.240 --> 01:28:57.420]  And if you go and look up, like in the case of debt collectors, go look up some debt collector
[01:28:57.420 --> 01:29:05.280]  cases, use them as a party in the case, and find where they're a defendant, and then look
[01:29:05.280 --> 01:29:09.400]  for the magistrate's report.
[01:29:09.400 --> 01:29:13.560]  What a wealth of case law and information that is.
[01:29:13.560 --> 01:29:14.560]  Yes.
[01:29:14.560 --> 01:29:16.960]  Those things read like briefs.
[01:29:16.960 --> 01:29:19.840]  I have had great fun plagiarizing those things.
[01:29:19.840 --> 01:29:20.840]  Oh, yes.
[01:29:20.840 --> 01:29:22.840]  Well, it's not plagiarism.
[01:29:22.840 --> 01:29:23.840]  Yeah, I know.
[01:29:23.840 --> 01:29:26.720]  I just tease that way, but it is a great thing.
[01:29:26.720 --> 01:29:32.400]  You take that and actually capture out his argument and put it in your case.
[01:29:32.400 --> 01:29:33.400]  Judge reads it.
[01:29:33.400 --> 01:29:35.120]  He knows exactly what I did.
[01:29:35.120 --> 01:29:36.120]  Right.
[01:29:36.120 --> 01:29:40.600]  And if at all possible, always write in the active voice.
[01:29:40.600 --> 01:29:42.600]  Absolutely.
[01:29:42.600 --> 01:29:47.160]  I just criticized somebody's document the other day for being in the passive voice.
[01:29:47.160 --> 01:29:48.160]  Okay.
[01:29:48.160 --> 01:29:50.200]  Go look at Wikipedia.
[01:29:50.200 --> 01:29:51.200]  Okay.
[01:29:51.200 --> 01:29:52.760]  Do you want to hang on over the break?
[01:29:52.760 --> 01:29:53.760]  Yeah.
[01:29:53.760 --> 01:29:56.280]  I'm going to go ahead and let some of the other callers get in.
[01:29:56.280 --> 01:29:57.280]  Okay.
[01:29:57.280 --> 01:29:58.280]  Thank you, Jeff.
[01:29:58.280 --> 01:29:59.280]  This is Randy Calvin and Deborah Stevens.
[01:29:59.280 --> 01:30:01.880]  We'll be right back.
[01:30:01.880 --> 01:30:05.600]  When the government says the unemployment rate is 10%, you might think it means that
[01:30:05.600 --> 01:30:07.640]  one in 10 workers is out of a job.
[01:30:07.640 --> 01:30:08.640]  Nope.
[01:30:08.640 --> 01:30:12.240]  I'm Dr. Catherine Albrecht, and I'll be back with the sobering truth about the real rate
[01:30:12.240 --> 01:30:14.680]  of U.S. unemployment in just a moment.
[01:30:14.680 --> 01:30:19.440]  Your search engine is watching you, recording all your searches, and creating a massive
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[01:30:45.000 --> 01:30:49.860]  There are lies and damned lies, and then there are misleading government unemployment statistics.
[01:30:49.860 --> 01:30:53.880]  If the government counted all unemployed workers, the real unemployment rate could be more than
[01:30:53.880 --> 01:30:54.880]  double.
[01:30:54.880 --> 01:30:59.120]  The unemployment numbers in the news are based on a statistical sample of 60,000 American
[01:30:59.120 --> 01:31:00.120]  families.
[01:31:00.120 --> 01:31:04.480]  Since 1994, the government only counts people who have actively looked for work in the past
[01:31:04.480 --> 01:31:06.640]  four weeks as being unemployed.
[01:31:06.640 --> 01:31:08.720]  Simply watching the want ads isn't enough.
[01:31:08.720 --> 01:31:13.440]  To be counted as unemployed, a person must take an active step, like submitting a resume.
[01:31:13.440 --> 01:31:18.480]  That leaves out discouraged workers, the underemployed, part-timers who want full-time work, and those
[01:31:18.480 --> 01:31:21.440]  who have returned to school in hopes of getting better job skills.
[01:31:21.440 --> 01:31:23.180]  I'm Dr. Catherine Albrecht.
[01:31:23.180 --> 01:31:34.840]  More news and information at CatherineAlbrecht.com.
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[01:33:03.960 --> 01:33:17.080]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:17.080 --> 01:33:35.000]  Okay, we are back with Randy Kelton, Deborah Stevens, Rule of Law Radio, and we have a
[01:33:35.000 --> 01:33:37.000]  caller, Chris in Texas.
[01:33:37.000 --> 01:33:44.360]  Chris, I think I got you, let me try it again.
[01:33:44.360 --> 01:33:45.360]  There we go.
[01:33:45.360 --> 01:33:46.360]  Okay.
[01:33:46.360 --> 01:33:50.040]  What do you have for us tonight?
[01:33:50.040 --> 01:33:55.360]  Hello, Chris.
[01:33:55.360 --> 01:33:58.360]  It looks like we're having a little trouble bringing Chris in.
[01:33:58.360 --> 01:34:06.360]  I'll go on with talking about what Jeff called in about.
[01:34:06.360 --> 01:34:15.800]  This is kind of one of my favorite subjects about how we structure our documents and what
[01:34:15.800 --> 01:34:22.900]  he was talking about, adding the codes and the cases to the filings.
[01:34:22.900 --> 01:34:27.880]  One of the things that I've been working on for a long time is this electronic lawyer.
[01:34:27.880 --> 01:34:38.440]  And what it will do is everywhere the document cites a case, it will have a link that you
[01:34:38.440 --> 01:34:44.360]  can click on or have what's on webpage is called a tool tip.
[01:34:44.360 --> 01:34:50.320]  A tool tip is a box that pops up when you roll your mouse over the top of something.
[01:34:50.320 --> 01:34:51.320]  And it'll have a tool tip.
[01:34:51.320 --> 01:34:57.000]  And then that tool tip will be the actual citation that you're referring to.
[01:34:57.000 --> 01:35:02.440]  But if you click on it, then it will take you to the actual case that it came out of
[01:35:02.440 --> 01:35:04.720]  with that section highlighted in it.
[01:35:04.720 --> 01:35:06.720]  All right, you there Randy?
[01:35:06.720 --> 01:35:07.920]  Yeah, I'm here, Chris.
[01:35:07.920 --> 01:35:08.920]  Oh, you're back?
[01:35:08.920 --> 01:35:09.920]  Okay.
[01:35:09.920 --> 01:35:11.920]  We were having a little trouble bringing you in.
[01:35:11.920 --> 01:35:17.320]  Okay, you had an issue you wanted to talk about.
[01:35:17.320 --> 01:35:19.200]  Yes.
[01:35:19.200 --> 01:35:31.360]  I was supposed to file an appellant's brief on an appeal I have going by May 26th.
[01:35:31.360 --> 01:35:40.400]  And because I'm inexperienced on how to do one, I have not completed the thing.
[01:35:40.400 --> 01:35:43.000]  And the date came and went.
[01:35:43.000 --> 01:35:49.600]  And I have to let you know that it's the second time I've gotten an extension for filling
[01:35:49.600 --> 01:35:52.040]  this thing out.
[01:35:52.040 --> 01:35:56.200]  And it's definitely not easy for the beginner.
[01:35:56.200 --> 01:35:59.880]  No, it's not.
[01:35:59.880 --> 01:36:09.120]  So they have sent me a letter stating that if I do not file some kind of a motion to
[01:36:09.120 --> 01:36:14.160]  explain why I have not filed the appellant's brief, that they're going to dismiss on the
[01:36:14.160 --> 01:36:15.160]  21st.
[01:36:15.160 --> 01:36:21.880]  But my question is, is they sent me another letter back at the beginning of the year that
[01:36:21.880 --> 01:36:27.000]  said, you know, basically the way it read to me was if there was no appellant's brief
[01:36:27.000 --> 01:36:32.720]  filed, that they would move on with transcripts from the lower court.
[01:36:32.720 --> 01:36:35.760]  Now they're telling me they're just going to dismiss.
[01:36:35.760 --> 01:36:37.360]  Well, you need an appellant.
[01:36:37.360 --> 01:36:38.360]  Oh, okay.
[01:36:38.360 --> 01:36:39.360]  I missed the argument.
[01:36:39.360 --> 01:36:42.800]  I missed what that distinction was.
[01:36:42.800 --> 01:36:44.900]  They're asking you for an appellant brief now.
[01:36:44.900 --> 01:36:48.520]  They were saying before they didn't need an appellant brief?
[01:36:48.520 --> 01:36:49.520]  That's the way it's worded.
[01:36:49.520 --> 01:36:55.480]  And one of the letters they sent to me back at the beginning of the year was it stated
[01:36:55.480 --> 01:37:02.040]  that if there was no appellant brief filed, that they would have to move on with just
[01:37:02.040 --> 01:37:04.800]  the transcript from the lower court.
[01:37:04.800 --> 01:37:14.400]  Then you might file a motion with the court asking the court to move on with the transcript.
[01:37:14.400 --> 01:37:16.560]  Okay.
[01:37:16.560 --> 01:37:23.000]  And I did talk to Johnny and he suggested just go ahead and file the brief.
[01:37:23.000 --> 01:37:24.000]  Yeah.
[01:37:24.000 --> 01:37:27.000]  If you have the brief ready, yeah, file it.
[01:37:27.000 --> 01:37:35.720]  And I don't know, I doubt that the court is going to accept it no matter what you tell
[01:37:35.720 --> 01:37:41.160]  them, unless you tell them that you were in a coma hanging from the ceiling on a traction
[01:37:41.160 --> 01:37:44.160]  wire.
[01:37:44.160 --> 01:37:52.560]  So in the higher courts, those dates that come, we can't just let them come and go.
[01:37:52.560 --> 01:37:55.240]  They come and go with consequences.
[01:37:55.240 --> 01:38:02.920]  So this is going to be strictly within the discretion of the court.
[01:38:02.920 --> 01:38:10.420]  And if you tell the court you just didn't get it done, he is not going to be impressed.
[01:38:10.420 --> 01:38:16.440]  So do you have a reason to tell the judge why you didn't get it?
[01:38:16.440 --> 01:38:21.600]  Well, I didn't know if I should just go with the truth and the fact that I'm not a lawyer
[01:38:21.600 --> 01:38:22.600]  and-
[01:38:22.600 --> 01:38:29.760]  Yeah, well, that'll go about two inches and then fall on its face.
[01:38:29.760 --> 01:38:31.520]  They especially don't care about that.
[01:38:31.520 --> 01:38:34.920]  Now that annoys them that you're not a lawyer.
[01:38:34.920 --> 01:38:39.000]  Well, yeah, I know.
[01:38:39.000 --> 01:38:49.120]  So I don't know, you know, I don't know, you know, I don't want to, I don't want to, but
[01:38:49.120 --> 01:38:56.200]  I will lie to them, but, you know, I mean, really, I was just thinking, you know, if
[01:38:56.200 --> 01:39:01.680]  I go with the truth, the truth is, I just, you know, I'm trying to figure this out.
[01:39:01.680 --> 01:39:04.720]  I just didn't get it done.
[01:39:04.720 --> 01:39:07.380]  That is not likely to go very far.
[01:39:07.380 --> 01:39:14.840]  They're actually asking you to give them a bona fide established reason for not finishing
[01:39:14.840 --> 01:39:15.840]  it.
[01:39:15.840 --> 01:39:21.560]  And that's all going to be defined in case law.
[01:39:21.560 --> 01:39:24.960]  I have no idea what they consider a bona fide anything.
[01:39:24.960 --> 01:39:27.840]  Yeah, that I'd have to do the research on.
[01:39:27.840 --> 01:39:36.280]  But you know, if you were subject to physical impairment, if you were forced not of your
[01:39:36.280 --> 01:39:43.120]  own volition to be out of the country or out of the state, you know, there are things that
[01:39:43.120 --> 01:39:52.640]  reasonable people, you know, that can detain reasonable people over long periods, mostly
[01:39:52.640 --> 01:39:56.840]  as the pros say about the only one you're going to get is being in the hospital in intensive
[01:39:56.840 --> 01:39:57.840]  care.
[01:39:57.840 --> 01:40:05.740]  Now, my extension, my reason for the extension was to find an attorney.
[01:40:05.740 --> 01:40:11.340]  And I did look for an attorney, and I guarantee you, for anybody out there listening, if you
[01:40:11.340 --> 01:40:20.360]  have an appeal that's on child support, you can, you can just forget getting an attorney.
[01:40:20.360 --> 01:40:31.040]  So that might be a valid reason you, the courts, you can certainly raise that issue.
[01:40:31.040 --> 01:40:39.120]  You know, they might be lenient in that regard, but even then not likely.
[01:40:39.120 --> 01:40:44.600]  I have called and met with every, I swear to God, it had to have been every attorney
[01:40:44.600 --> 01:40:46.320]  in this area.
[01:40:46.320 --> 01:40:47.320]  And there's-
[01:40:47.320 --> 01:40:53.960]  Get a list of attorneys you've talked to and send that in saying that you were struggling
[01:40:53.960 --> 01:41:02.080]  to find an attorney and you've talked to these attorneys and none of them would represent
[01:41:02.080 --> 01:41:03.080]  you.
[01:41:03.080 --> 01:41:05.700]  And if you got a list of attorneys there, that's a good chance, that's going to, that'll sway
[01:41:05.700 --> 01:41:09.440]  the judge because you're trying to hire one of his buddies.
[01:41:09.440 --> 01:41:11.840]  Now you're not on the outside anymore.
[01:41:11.840 --> 01:41:20.660]  Yeah, I've even talked to the attorney that I was given that I didn't want in the motion
[01:41:20.660 --> 01:41:22.400]  to enforce.
[01:41:22.400 --> 01:41:26.520]  I even talked to her about doing the appeal and I would pay her to do the appeal and she's
[01:41:26.520 --> 01:41:32.440]  like, no, I'm not, I don't, I won't touch an appeal.
[01:41:32.440 --> 01:41:39.960]  There's something they know about that then, and it's not encouraging.
[01:41:39.960 --> 01:41:48.040]  Oh, you don't know that their buddies above them are corrupt.
[01:41:48.040 --> 01:41:57.760]  Well that and, you know, the nature of what this is, it's not that terribly complex and
[01:41:57.760 --> 01:42:01.000]  it's highly emotional.
[01:42:01.000 --> 01:42:07.640]  So I can see that they, that the higher courts will tend to lean toward not interfering with
[01:42:07.640 --> 01:42:17.160]  the lower courts if they can avoid it, especially, you know, families always very contentious.
[01:42:17.160 --> 01:42:20.600]  So yeah, I'm not surprised that not many are getting overturned.
[01:42:20.600 --> 01:42:27.080]  Well, here's my thing is to them, I don't, I don't care what, because I know they don't
[01:42:27.080 --> 01:42:30.040]  care what I think, but I don't care what they think about it.
[01:42:30.040 --> 01:42:35.880]  But to me it is a highly, it's a, it's a, it's a big issue because they're the idiots
[01:42:35.880 --> 01:42:44.400]  that let some girl file this thing and I, you know, they said, let her file it wherever
[01:42:44.400 --> 01:42:48.800]  she's at and claim that I'm the daddy of her kid.
[01:42:48.800 --> 01:42:49.800]  Okay.
[01:42:49.800 --> 01:42:54.660]  The first, you know, thing is, is I'm not your kid's daddy.
[01:42:54.660 --> 01:42:56.160]  Can you prove that?
[01:42:56.160 --> 01:43:00.880]  Well, okay, Randy, you said it before.
[01:43:00.880 --> 01:43:02.880]  How do you prove a negative?
[01:43:02.880 --> 01:43:09.080]  Well, whether or not you're his dad's easy enough to prove.
[01:43:09.080 --> 01:43:11.280]  First you got to produce a kid, Randy.
[01:43:11.280 --> 01:43:12.280]  Okay.
[01:43:12.280 --> 01:43:21.040]  Well, I'm not sure what your point is, uh, do you even know that a child exists?
[01:43:21.040 --> 01:43:24.520]  No, I don't know for a fact that a child exists.
[01:43:24.520 --> 01:43:27.320]  I know that the court claims won't exist.
[01:43:27.320 --> 01:43:32.200]  Then has the court granted you a visitation?
[01:43:32.200 --> 01:43:41.320]  If that's in the original papers that they, that they got without ever serve, you know,
[01:43:41.320 --> 01:43:42.320]  severing me notice.
[01:43:42.320 --> 01:43:43.320]  Okay.
[01:43:43.320 --> 01:43:44.320]  Hold on, hold on.
[01:43:44.320 --> 01:43:45.320]  Hold on.
[01:43:45.320 --> 01:43:46.320]  We're about to go to break.
[01:43:46.320 --> 01:43:47.320]  This is Randy Kelton Davis Stevens.
[01:43:47.320 --> 01:43:48.320]  We live by radio.
[01:43:48.320 --> 01:43:49.320]  Our call in number 512-646-1984.
[01:43:49.320 --> 01:43:50.320]  Give us a call.
[01:43:50.320 --> 01:44:02.120]  We'll be right back in our last segment and we'll be right back.
[01:44:02.120 --> 01:44:07.080]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so
[01:44:07.080 --> 01:44:10.840]  easy and neither is finding like-minded people to share it with.
[01:44:10.840 --> 01:44:13.720]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:13.720 --> 01:44:14.960]  Brave New Books?
[01:44:14.960 --> 01:44:15.960]  Yes.
[01:44:15.960 --> 01:44:20.120]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[01:44:20.120 --> 01:44:22.080]  Ron Paul, Angie Edward Griffin.
[01:44:22.080 --> 01:44:26.160]  They even stock inner food, Berkey products, and Calvin soaps.
[01:44:26.160 --> 01:44:28.400]  There's no way a place like that exists.
[01:44:28.400 --> 01:44:29.880]  Go check it out for yourself.
[01:44:29.880 --> 01:44:33.840]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:33.840 --> 01:44:37.600]  Oh, by UT, there's never anywhere to park down there.
[01:44:37.600 --> 01:44:42.840]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[01:44:42.840 --> 01:44:45.880]  facility just behind the bookstore.
[01:44:45.880 --> 01:44:48.840]  It does exist, but when are they open?
[01:44:48.840 --> 01:44:53.640]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[01:44:53.640 --> 01:44:59.880]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:44:59.880 --> 01:45:06.040]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:24.000 --> 01:46:36.960]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio and we're talking to Chris
[01:46:36.960 --> 01:46:40.200]  in Texas.
[01:46:40.200 --> 01:46:44.920]  And Chris, this is a difficult thing.
[01:46:44.920 --> 01:46:53.880]  And I'm concerned that it's hard as it appears to be to win an appeal in this arena and to
[01:46:53.880 --> 01:47:00.440]  do so with this detriment of being, of not getting your appellate briefing in time.
[01:47:00.440 --> 01:47:03.000]  You could have an uphill climb.
[01:47:03.000 --> 01:47:14.960]  However, we talked a bit on the break and Chris never seen this person, the child.
[01:47:14.960 --> 01:47:20.040]  So he doesn't know if the child even exists and he's relatively certain it's not his child.
[01:47:20.040 --> 01:47:33.920]  So I'm going to suggest that he petition the court for a paternity test.
[01:47:33.920 --> 01:47:39.400]  If DNA shows that he is not the father of this child, then no matter what the courts
[01:47:39.400 --> 01:47:47.640]  have ruled, that becomes void or it is voidable when he can prove conclusively that the testimony
[01:47:47.640 --> 01:47:51.040]  before the court is false.
[01:47:51.040 --> 01:48:00.200]  So at this point, he's going to run into that serious issue of missing a deadline.
[01:48:00.200 --> 01:48:06.280]  A lot of times I get a lot closer to deadlines than I want to be.
[01:48:06.280 --> 01:48:14.600]  Some of them don't come with instant death consequences, others do and this looks like
[01:48:14.600 --> 01:48:15.600]  one of those.
[01:48:15.600 --> 01:48:17.400]  Are you there, Chris?
[01:48:17.400 --> 01:48:18.400]  I'm here.
[01:48:18.400 --> 01:48:19.400]  Okay.
[01:48:19.400 --> 01:48:24.200]  Does that sound reasonable?
[01:48:24.200 --> 01:48:28.760]  Even if you don't get this, you can put together a brief if you have it.
[01:48:28.760 --> 01:48:32.640]  Do you have it mostly together?
[01:48:32.640 --> 01:48:35.440]  Here's the reason it doesn't sound reasonable, Randy.
[01:48:35.440 --> 01:48:41.280]  And this is why I say that all this stuff that we call law, it's just a joke.
[01:48:41.280 --> 01:48:44.000]  It is nothing more than a joke because-
[01:48:44.000 --> 01:48:45.000]  Duh!
[01:48:45.000 --> 01:48:49.080]  You're talking to the gallery here.
[01:48:49.080 --> 01:48:58.480]  The only way that it applies is because they hold a gun to your head and say either do
[01:48:58.480 --> 01:48:59.480]  it or you die.
[01:48:59.480 --> 01:49:07.360]  I mean, it's basically the equivalent of what they do and if they find something in their
[01:49:07.360 --> 01:49:11.360]  system that they don't like, they just find a way around it.
[01:49:11.360 --> 01:49:17.080]  And when they want to lie about something, like, I mean, here's why I can't, you know,
[01:49:17.080 --> 01:49:20.640]  I don't feel like I can go file that, what you're talking about in the original case,
[01:49:20.640 --> 01:49:25.480]  is because then I'm just superseding my whole argument that I had to begin with, which was
[01:49:25.480 --> 01:49:28.520]  that they didn't serve me to begin with.
[01:49:28.520 --> 01:49:33.560]  Well, no, okay.
[01:49:33.560 --> 01:49:38.200]  Once you have constructive notice, you have constructive notice, so you don't have to
[01:49:38.200 --> 01:49:43.920]  be, hold yourself to having no knowledge.
[01:49:43.920 --> 01:49:48.680]  And having knowledge does not negate their requirement to give proper notice.
[01:49:48.680 --> 01:49:56.720]  Well, yeah, but the notice that they failed to give was eight years ago.
[01:49:56.720 --> 01:50:01.160]  And so they're saying this kid is, this child is, how old?
[01:50:01.160 --> 01:50:03.720]  Nine years old now.
[01:50:03.720 --> 01:50:05.440]  Nine years old now.
[01:50:05.440 --> 01:50:10.600]  Nine years old and you've never, never even known the child existed?
[01:50:10.600 --> 01:50:18.240]  Well, no, I didn't know that there was somebody out there claiming that I had a child.
[01:50:18.240 --> 01:50:25.440]  Oh, so she didn't, so she had the child and didn't notify you?
[01:50:25.440 --> 01:50:26.760]  No.
[01:50:26.760 --> 01:50:29.680]  That's interesting.
[01:50:29.680 --> 01:50:33.600]  That's actionable.
[01:50:33.600 --> 01:50:37.880]  If that's your child, you might look at going back and suing her.
[01:50:37.880 --> 01:50:43.040]  You don't know for what?
[01:50:43.040 --> 01:50:48.320]  Well, for, what's that called?
[01:50:48.320 --> 01:50:54.080]  There's a term for that, where she's hidden the child from you.
[01:50:54.080 --> 01:50:55.080]  I'll have to look it up.
[01:50:55.080 --> 01:50:59.000]  It's not something I'm terribly familiar with, but I have come across those before.
[01:50:59.000 --> 01:51:05.200]  We come across the issue of people coming up with children they didn't know they had.
[01:51:05.200 --> 01:51:12.160]  And if I had a child out there and I didn't know I had it and the mother knew that I was
[01:51:12.160 --> 01:51:18.600]  the father and didn't tell me, I would not be a happy camper because that would be my
[01:51:18.600 --> 01:51:24.260]  son and my daughter and I'd have a right to know them.
[01:51:24.260 --> 01:51:30.960]  So she's coming claiming that he didn't pay child support for a child he didn't know existed.
[01:51:30.960 --> 01:51:37.080]  That should give you a claim to go back against her.
[01:51:37.080 --> 01:51:38.080]  All right.
[01:51:38.080 --> 01:51:39.080]  Okay.
[01:51:39.080 --> 01:51:41.560]  Now see what you just explained there.
[01:51:41.560 --> 01:51:49.600]  I can see the actual, the damage that is fairly traceable to the injured party.
[01:51:49.600 --> 01:51:55.640]  Now I would like for you to explain to me where, when in her, here's, now I've read
[01:51:55.640 --> 01:52:00.640]  the papers now from what it said, from what she filed into the court.
[01:52:00.640 --> 01:52:08.680]  It simply stated in her supposed affidavit that Chris is the father.
[01:52:08.680 --> 01:52:16.620]  Where's the, the injury or damage or whatever you want to call it that's fairly traceable.
[01:52:16.620 --> 01:52:19.240]  I just don't see it.
[01:52:19.240 --> 01:52:27.160]  Well the law about a duty of a parent to support the child is pretty clear.
[01:52:27.160 --> 01:52:34.440]  The failure of the parent to support the child that way is fairly clear.
[01:52:34.440 --> 01:52:36.440]  What are the causes of action, Randy?
[01:52:36.440 --> 01:52:37.440]  Pardon me?
[01:52:37.440 --> 01:52:43.360]  You and I both know, what are the causes of action?
[01:52:43.360 --> 01:52:46.920]  For her asking for child support?
[01:52:46.920 --> 01:52:51.840]  Now what are the, what is the, what does the law say that are the cause that, what valid
[01:52:51.840 --> 01:52:54.200]  causes of action?
[01:52:54.200 --> 01:52:58.360]  For a family law doesn't require a cause of action.
[01:52:58.360 --> 01:52:59.360]  Okay.
[01:52:59.360 --> 01:53:02.340]  But how do you file a lawsuit, Randy?
[01:53:02.340 --> 01:53:05.440]  You filed that with the family court.
[01:53:05.440 --> 01:53:06.960]  It's still a lawsuit.
[01:53:06.960 --> 01:53:08.680]  It's still a civil lawsuit.
[01:53:08.680 --> 01:53:10.720]  Yes it is.
[01:53:10.720 --> 01:53:15.040]  But it falls under a separate set of rules.
[01:53:15.040 --> 01:53:16.300]  See what I mean?
[01:53:16.300 --> 01:53:19.600]  We're back to that they don't like the way the games being played.
[01:53:19.600 --> 01:53:20.600]  They just-
[01:53:20.600 --> 01:53:23.320]  No, false assumption.
[01:53:23.320 --> 01:53:28.940]  Just because they have a special set of rules for family law doesn't necessarily mean that
[01:53:28.940 --> 01:53:33.360]  the rules were specifically developed to screw the father.
[01:53:33.360 --> 01:53:36.760]  No, they were developed to screw everybody in the system.
[01:53:36.760 --> 01:53:37.760]  That's what I'm saying.
[01:53:37.760 --> 01:53:38.760]  I'm not kidding the father.
[01:53:38.760 --> 01:53:39.760]  Okay.
[01:53:39.760 --> 01:53:41.880]  Now you're just talking anger and this is not-
[01:53:41.880 --> 01:53:45.880]  No, Randy, I don't understand.
[01:53:45.880 --> 01:53:46.880]  Do what?
[01:53:46.880 --> 01:53:50.560]  I said, no, I'm trying to understand.
[01:53:50.560 --> 01:53:51.560]  Okay.
[01:53:51.560 --> 01:53:58.480]  Well, if your sister had a child with someone and as soon as she got pregnant, he abandoned
[01:53:58.480 --> 01:54:05.560]  her, wouldn't, and you see your sister struggling to take care of that child and support that
[01:54:05.560 --> 01:54:10.840]  child, wouldn't you feel like the father had some kind of duty to do as well?
[01:54:10.840 --> 01:54:17.320]  Randy, I've already seen that situation because I do have a sister who's a daughter.
[01:54:17.320 --> 01:54:24.520]  Okay, listen, the way you're talking is the family court should have no power to make
[01:54:24.520 --> 01:54:28.360]  any claim against you whatsoever because who's the injured party?
[01:54:28.360 --> 01:54:31.360]  The child is the injured party.
[01:54:31.360 --> 01:54:38.960]  Hey, Randy, all they did was take a system so that they could find a way around Texas
[01:54:38.960 --> 01:54:45.560]  is saying that- This will not help you find a solution.
[01:54:45.560 --> 01:54:56.400]  Blaming them, somebody who knows, it's not going to help you find a solution.
[01:54:56.400 --> 01:55:03.360]  We understand on this show, we deal with this all the time, but we can't let that drive
[01:55:03.360 --> 01:55:04.680]  us to anger.
[01:55:04.680 --> 01:55:08.080]  We got to find a way around it.
[01:55:08.080 --> 01:55:11.680]  We got to find a way to deal with it.
[01:55:11.680 --> 01:55:16.960]  In your case, this is not terribly hard to deal with, a child you didn't know existed,
[01:55:16.960 --> 01:55:19.800]  even if it is your child.
[01:55:19.800 --> 01:55:26.800]  If you didn't know existed, you had no responsibility for it and if she hid it from you, she's harmed
[01:55:26.800 --> 01:55:27.800]  you.
[01:55:27.800 --> 01:55:33.640]  Now, you can claim harm much greater than what she's claiming against you.
[01:55:33.640 --> 01:55:38.440]  But aren't they just going to use this first case?
[01:55:38.440 --> 01:55:43.560]  If I can't get this first case done now, they're just going to use it to say, well, she didn't
[01:55:43.560 --> 01:55:45.880]  hide the child from you.
[01:55:45.880 --> 01:55:53.920]  Well, you probably should have filed the counter suit claiming that.
[01:55:53.920 --> 01:55:56.080]  Did you file a counter action?
[01:55:56.080 --> 01:55:58.600]  No, I did not.
[01:55:58.600 --> 01:55:59.680]  Okay.
[01:55:59.680 --> 01:56:06.840]  You may still be able to file that and certainly file a paternity suit.
[01:56:06.840 --> 01:56:11.520]  Once you file the paternity suit, that's easy enough to do.
[01:56:11.520 --> 01:56:18.600]  Once they've done that and they've determined paternity, even if you are the father, either
[01:56:18.600 --> 01:56:23.720]  way, you're going to hammer her.
[01:56:23.720 --> 01:56:29.160]  If you're the father, that's your child that you didn't know about that was kept from you
[01:56:29.160 --> 01:56:34.720]  and now they're coming punishing you because she kept the child from you.
[01:56:34.720 --> 01:56:44.680]  If she's not yours, then no matter what they've adjudicated, that's going to go on the toilet.
[01:56:44.680 --> 01:56:45.680]  Just find remedy.
[01:56:45.680 --> 01:56:49.840]  What do you mean it's going to go on the toilet?
[01:56:49.840 --> 01:56:53.440]  It's voidable.
[01:56:53.440 --> 01:56:59.120]  It's not void, but it is voidable by mandamus.
[01:56:59.120 --> 01:57:03.480]  If you go to the court and they don't void it, you go to court of appeals and by mandamus,
[01:57:03.480 --> 01:57:11.360]  they would void it because the court cannot hold you to support a child that's not yours.
[01:57:11.360 --> 01:57:16.260]  That's not a matter of law that they're going to change, not with a bunch of lawyers who
[01:57:16.260 --> 01:57:20.680]  spend most of their time at work and their wives home with a lot of money winding up
[01:57:20.680 --> 01:57:24.760]  having kids that may or may not be theirs.
[01:57:24.760 --> 01:57:29.240]  Does that make sense?
[01:57:29.240 --> 01:57:40.800]  It makes a little bit more sense, but I've read where people have that same issue with
[01:57:40.800 --> 01:57:44.560]  your time, but that's not my issue.
[01:57:44.560 --> 01:57:52.240]  My issue is that this girl filed something supposedly eight years ago.
[01:57:52.240 --> 01:57:56.480]  You will never receive notice.
[01:57:56.480 --> 01:58:01.520]  You can't stop on that one issue if they roll over you on this issue.
[01:58:01.520 --> 01:58:03.200]  You can't just keep waving that issue.
[01:58:03.200 --> 01:58:04.200]  It won't do any good.
[01:58:04.200 --> 01:58:09.600]  You're going to have to find something else and now you're short on appeal.
[01:58:09.600 --> 01:58:13.160]  Now you might want to look at alternatives.
[01:58:13.160 --> 01:58:14.360]  We are out of time.
[01:58:14.360 --> 01:58:18.360]  This is Randy Kelton and Deborah Stevens, Rule of Law Radio.
[01:58:18.360 --> 01:58:19.720]  Thank you all for listening.
[01:58:19.720 --> 01:58:26.400]  We will be back next Thursday with Deborah and I. Deborah and Eddie Craig will be on
[01:58:26.400 --> 01:58:31.720]  Monday with our traffic show and then Deborah and I will be back Thursday and then I will
[01:58:31.720 --> 01:58:34.120]  be here Friday.
[01:58:34.120 --> 01:58:39.600]  Thank you all for listening and make sure you tune in next week.
[01:58:39.600 --> 01:58:43.000]  We'll be back tomorrow.
[01:58:43.000 --> 01:58:45.880]  I always blow the outros today.
[01:58:45.880 --> 01:58:48.080]  I don't know what that is.
[01:58:48.080 --> 01:58:49.080]  Thank you for listening.
[01:58:49.080 --> 01:58:50.080]  I don't know what it is.
[01:58:50.080 --> 01:58:51.080]  I've never seen it.
[01:58:51.080 --> 01:58:52.080]  It's a good deal.
[01:58:52.080 --> 01:58:53.080]  It's a good deal.
[01:58:53.080 --> 01:58:54.080]  We're out of time.
[01:58:54.080 --> 01:58:55.080]  We're back.
[01:58:55.080 --> 01:58:56.080]  Thanks for listening.
[01:58:56.080 --> 01:58:57.080]  You're welcome.
[01:58:57.080 --> 01:58:58.080]  We'll be back.
[01:58:58.080 --> 01:58:59.080]  Thanks for listening.
[01:58:59.080 --> 01:59:00.080]  We're back.
[01:59:00.080 --> 01:59:01.080]  We'll be back.
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[01:59:03.080 --> 01:59:04.080]  We're back.
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