[00:00.000 --> 00:06.800]  The Falling News Flash is brought to you by The Lowest Star of Lowdown.
[00:06.800 --> 00:13.480]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429.00, Silver
[00:13.480 --> 00:24.200]  $16.45.00, Copper $2.75.00, Oil Texas Crew $55.63.00, Brent Crew $62.47.00, and Cryptos
[00:24.200 --> 00:34.800]  and Order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Light
[00:34.800 --> 00:46.200]  Coin $100.31, and Bitcoin Cash is at $324.10 a Crypto Coin.
[00:46.200 --> 00:52.480]  Today in history, the year 1916, the preparedness day bombing, a timed suitcase bomb was detonated
[00:52.480 --> 00:57.800]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.800 --> 01:04.800]  10 and injuring 40 today in history.
[01:04.800 --> 01:09.520]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempon to
[01:09.520 --> 01:14.120]  tax his law back in June, county prosecutors around the state, including Houston, Austin
[01:14.120 --> 01:18.120]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.120 --> 01:22.800]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.800 --> 01:24.840]  to test the year for THC.
[01:24.840 --> 01:28.480]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.480 --> 01:33.080]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.080 --> 01:34.080]  law.
[01:34.080 --> 01:37.640]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.640 --> 01:42.160]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.160 --> 01:48.320]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.320 --> 01:54.560]  well as other cities, too, like the District Attorney in El Paso, Kaima Esparza, a Democrat
[01:54.560 --> 01:59.040]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.040 --> 02:01.800]  prosecution of marijuana cases in El Paso.
[02:01.800 --> 02:06.840]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.840 --> 02:10.840]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.840 --> 02:13.520]  something illegal based on its chemical makeup.
[02:13.520 --> 02:17.440]  It's important that if someone is charged with something, the test matches what they're
[02:17.440 --> 02:22.640]  charged with.
[02:22.640 --> 02:27.480]  A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.480 --> 02:32.400]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.400 --> 02:38.080]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.080 --> 02:39.520]  Pacific Ocean.
[02:39.520 --> 02:43.840]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.840 --> 02:50.120]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.120 --> 02:51.120]  glow.
[02:51.120 --> 03:02.120]  This is Luke Brody with your lowdown for July 22, 2019.
[03:02.120 --> 03:14.120] 克男分球
[03:14.120 --> 03:25.640]  to
[03:25.640 --> 03:27.720]  burn.
[03:27.720 --> 03:56.520]  Okay, howdy, howdy, this is Randy Kelton, Brett Fountain on this Friday, the 18th day
[03:56.520 --> 04:08.680]  of October 2019 and this is our four hour info marathon. I am turning on the phones as we speak.
[04:09.320 --> 04:17.800]  Phone lines are open. Call in number 512-646-1984. Give us a call. If you have a question or comment,
[04:17.800 --> 04:22.040]  we'll be taking your calls all night. And I want to start out talking a little bit about
[04:22.040 --> 04:30.920]  what we're doing on the programming side. Today I spent some time working on a site
[04:30.920 --> 04:38.520]  for first amendment auditors. I've reworked most of the other sites, we're getting them all up,
[04:38.520 --> 04:46.360]  and I have a new technology coming together. I did want to compliment my programmer. I have
[04:46.360 --> 04:53.960]  a programmer that's out of the Eastern Europe. And in all these years, if you've been listening
[04:53.960 --> 04:59.720]  to my show a long time, I've had a lot of problems with programmers telling all these great things
[04:59.720 --> 05:05.960]  they can do and getting my money. And then when they get my money, I don't get anything or I get
[05:05.960 --> 05:11.800]  a site that the guy paid somebody in India to build and he didn't know how it worked and
[05:11.800 --> 05:19.560]  then never was able to get into it. Lots of problems. I got a hold of this guy through a service
[05:21.160 --> 05:29.080]  and got on the phone with him and talked for two and a half hours. All he did was ask me questions.
[05:30.600 --> 05:35.160]  And then he told me he had to think about it. He came back a week and a half later and gave me
[05:35.160 --> 05:45.400]  better software than I asked for. He gave me precisely what I asked for. But he had added
[05:45.400 --> 05:51.960]  things to it to eliminate problems that I would have had that I didn't know about.
[05:52.680 --> 05:59.080]  He has his own company. It's questionsoft.com. If you have a
[05:59.080 --> 06:09.720]  programming issue, other than your standard build a fancy website, he doesn't do that. He
[06:09.720 --> 06:16.440]  does serious programming. If you have any serious programming needs, if you have some things you
[06:16.440 --> 06:22.520]  would like to be able to do and you know they can be done, but you haven't been able to get a
[06:22.520 --> 06:29.720]  programmer to wrap his head around it, give this guy a call or see me an email and I will forward
[06:29.720 --> 06:37.720]  it to him. If you've listened to my show a long time, you know that I very seldom recommend
[06:37.720 --> 06:45.080]  anyone on the show. I'm very careful about that, but I recommend this guy. Unreservedly,
[06:45.080 --> 06:55.720]  I could not be more thrilled with what I've got from him. We have a way now of presenting very
[06:55.720 --> 07:10.280]  complex websites in a way that's very simple for a human being to understand. We pretty well got
[07:10.280 --> 07:16.360]  away from all of the ways that people have been programming. Most of our programming languages
[07:16.360 --> 07:24.440]  were all developed during the 70s, 80s, and 90s. During those times, the primary consideration
[07:24.440 --> 07:31.320]  in all of these programs were resources. My first course in programming was in machine language.
[07:31.320 --> 07:42.200]  Every piece of code I wrote, I had to pay special attention to resources. It had to be as efficient
[07:42.760 --> 07:53.400]  and small as possible because we had 256 bits of RAM and we had less than a megabyte of memory,
[07:53.400 --> 07:58.120]  so we had to be extremely careful. Then we built programs on top of those programs,
[07:58.120 --> 08:04.520]  on top of those programs, all built on a scarcity model. I've been trying for a long time to get
[08:04.520 --> 08:12.600]  a programmer to throw that out. Let's start all over. Let's build a tool that is human-centric
[08:12.600 --> 08:18.920]  and student-computer-centric because at this point in time, we have plenty of resources. We're not
[08:18.920 --> 08:24.760]  short on memory, we're not short on processing speed, and we're not short on memory, short-term
[08:24.760 --> 08:33.880]  memory, long-term memory. We went back at it from the human-centric side and I'm finally at the
[08:33.880 --> 08:41.880]  point of bringing this project up and working. I'm hoping by next week to have the tool up and
[08:41.880 --> 08:53.000]  online so you can check it out. Okay, enough of that. Before we go anywhere else, Brett has got
[08:53.000 --> 09:03.960]  to go ahead to talk about a lawyer and the prospect or the possibility of a bar grievance.
[09:05.240 --> 09:16.680]  Will you explain, Brett? Well, a friend of mine was accused of a felony and he knows he's innocent.
[09:16.680 --> 09:25.800]  I know he's innocent. He went and hired a lawyer because he wasn't sure if the justice system would
[09:25.800 --> 09:31.640]  serve him right and he wanted to make sure that he gets the proper defense and all the proper
[09:31.640 --> 09:41.000]  legalese language and everything. He bypassed those warnings from me about what lawyers tend
[09:41.000 --> 09:48.360]  to do and so forth, but he also recognized that he personally doesn't have the bandwidth or the
[09:49.320 --> 09:55.000]  understanding to be able to represent himself well in this, so he decided that for him he was
[09:55.000 --> 10:03.880]  going to try it with a defense lawyer. That lawyer was a great salesman. He told my friend that,
[10:03.880 --> 10:08.440]  oh yeah, no problem, that happens all the time. I've done it myself. What happened three times
[10:08.440 --> 10:13.080]  recently with me? I believe me. I get it. It's not a problem. I'll talk to the judge. We'll go,
[10:14.360 --> 10:19.880]  we'll just go away. Don't worry about it. But by the way, it's going to cost you $7,000.
[10:21.400 --> 10:27.560]  So my friend didn't have any $7,000. He began on a payment plan until he finally got to the point
[10:27.560 --> 10:34.440]  of he was making regular payments like every week or whatever until he finally got the $7,000 to him.
[10:34.440 --> 10:40.280]  So then the attorney turns around and says, okay, well, now I'm going to go ahead and get the work
[10:40.280 --> 10:47.080]  for you. What? You haven't been doing anything all this time? Well, you know, I've been paying
[10:47.080 --> 10:56.280]  attention, but you know, there's nothing really to do yet. So then my friend gave him a, I had
[10:56.280 --> 11:03.160]  been mentioning to my friend about bar grievances. If the lawyer's not doing right, you can do something.
[11:03.160 --> 11:07.480]  You won't exactly hold him accountable, but it'll sting him as if it were holding him accountable.
[11:07.480 --> 11:14.680]  It's something to be done. And so he had made a note. He had scribbled the word grievance
[11:14.680 --> 11:20.040]  or state grievance or something like that in the margin of some pamphlet that he had.
[11:21.400 --> 11:27.480]  Well, it turns out that at some point in some conversation,
[11:27.480 --> 11:34.440]  he gave that pamphlet to the attorney and the attorney saw what was scribbled in the margin
[11:34.440 --> 11:39.720]  there and it said the word grievance. I think it said state grievance. I can't remember,
[11:39.720 --> 11:47.080]  but if he wrote both words, you just won. But boy, that set the lawyer on a whole different path.
[11:47.720 --> 11:53.720]  He got real excited and immediately wanted to leave. He did not want to be the lawyer anymore.
[11:53.720 --> 12:01.080]  He started trying to tell the judge, Hey, this guy has bar grieved me. This is not going to work out.
[12:02.200 --> 12:08.760]  And then my friend couldn't understand what was happening. And the judge looked at him and said,
[12:10.200 --> 12:14.040]  Sir, do you understand what's going on here? Do you realize what's going on? And
[12:15.080 --> 12:21.400]  my friend was like, dear in the headlights, didn't understand a lick of it. But he went ahead and
[12:21.400 --> 12:26.840]  he nodded and told the judge, Yeah, yes, sir. Or yes, your honor, he was trying to be all respectful
[12:26.840 --> 12:31.960]  and everything. Well, he talks to my friend and told him, Here's what's really going on.
[12:33.000 --> 12:38.280]  And I helped him write a little letter to the judge. So he said in a judicial notice.
[12:39.720 --> 12:43.640]  And I said, Well, actually, I don't understand what's going on. I was trying to be respectful of
[12:43.640 --> 12:48.440]  the court and everything. But honestly, the lawyer's not telling me on anything. I don't
[12:48.440 --> 12:53.560]  understand what's going on. I didn't bar grieve him. I think he's lying. If he's saying I bark,
[12:53.560 --> 13:02.520]  I bark reading, he's lying. And so then the next day he goes, or I don't know if it was the next
[13:02.520 --> 13:11.240]  day, the next is soon after that court experience, they had a phone call. And I've got that audio
[13:11.240 --> 13:22.520]  if you would like to, did I already send that to you? Okay. I've got that audio from the conversation
[13:22.520 --> 13:28.600]  that he had with his lawyer. And then you can hear how that lawyer, his voice definitely goes up a
[13:28.600 --> 13:36.920]  notch. And okay, it's talking about grievances. Sorry, I can't play that audio from here.
[13:36.920 --> 13:47.320]  Okay. Can you play it and just put your mic next to it? Sure. You can hear he starts out in the
[13:47.320 --> 13:52.200]  conversation, just set it up by saying that at the beginning of the conversation, you'll hear
[13:52.200 --> 13:58.600]  the attorney reference, that letter you sent was not appropriate. And he's talking about
[13:58.600 --> 14:07.560]  the letter, a judicial notice that basically told the judge in terms that my friend would use,
[14:07.560 --> 14:11.960]  not that a lawyer would use, but he told the judge, hey, I'm getting ineffective assistance of
[14:11.960 --> 14:18.360]  counsel over here. And the lawyer didn't like that, of course. So that's what you hear at the
[14:18.360 --> 14:25.720]  beginning of the conversation. And then it goes from there to talk about how the lawyer feels
[14:25.720 --> 14:35.880]  about working under the why get a grievance. All right, let's see here. While you're getting
[14:35.880 --> 14:41.560]  that set up, you know, he played it for me the other day, but the guy wasn't ready to release
[14:41.560 --> 14:50.840]  it to play on the air yet. And it was great. You're going to like this. When we talk about how
[14:50.840 --> 14:57.880]  bar grievances really sting lawyers, and anybody who's filed the grievance, they'll all say the
[14:57.880 --> 15:03.400]  same thing for the most part. They never hear a word about it. The lawyer never says a word to him.
[15:04.040 --> 15:09.560]  You know, it just sounds, it seems like it goes into this black, black hole.
[15:11.080 --> 15:17.720]  But the reason he is, is the lawyer is actually forbidden by the bar association standards
[15:17.720 --> 15:26.360]  for mentioning to you. He's not because it's considered that he would have an unfair advantage
[15:26.360 --> 15:32.040]  to be able to intimidate you. So he's forbidden to talk to the one who does the grievance. All
[15:32.040 --> 15:37.080]  communication has to go through the bar. So that's another thing he did wrong.
[15:38.120 --> 15:41.320]  So that's the situation this lawyer is in. Okay, you ready to play that?
[15:42.040 --> 15:47.320]  I am. But we've only got one minute before going to our sponsors. So maybe we pick that up on the
[15:47.320 --> 15:51.640]  other side. I don't know, however you want to do it. Good, good. Maybe over the break, I talked to
[15:51.640 --> 15:57.000]  the producer, Robert, maybe we can figure out how to play this through the system and maybe we'll
[15:57.000 --> 16:04.920]  get a better fidelity. Sure. But it was great. I listened to it and laughed till my sides hurt.
[16:04.920 --> 16:16.280]  So what is your friend's situation with his lawyer now?
[16:18.040 --> 16:25.240]  The lawyer is scribbling. He can't very well get out of it, but he also doesn't want to be involved.
[16:25.800 --> 16:31.560]  So the lawyer is kind of between a rock and a hard place. He pulls in another lawyer in the same
[16:31.560 --> 16:42.840]  law firm. And my friend is saying, no, no, I want you to do your job. And the new lawyer seems to be
[16:43.320 --> 16:53.640]  very, he seems like the nice guy. And so I had a suggestion for my friend. Okay,
[16:53.640 --> 17:07.240]  I'll call you out after we go to sponsors. It's the 2019 Logos Radio Network annual fundraiser
[17:07.240 --> 17:13.400]  and gun giveaway sponsored by Central Texas Gun Works. Go to LogosRadioNetwork.com and enter
[17:13.400 --> 17:18.920]  to win. Any amount is appreciated. Everything helps to keep us on the air. From Central Texas
[17:18.920 --> 17:25.640]  Gun Works, the grand prize up for grabs is the Spikes Tactical AR-15. More prizes and sponsors
[17:25.640 --> 17:32.280]  to be announced. Every $25 donation is a chance to win. When you purchase Randy Kelton's ebook,
[17:32.280 --> 17:38.600]  Legal 101, you get four chances to win. Purchase Eddie Craig's Traffic Seminar and get 10 chances
[17:38.600 --> 17:44.360]  to win. If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can keep
[17:44.360 --> 17:49.960]  bringing you the best quality programming on Talk Radio today. We also accept Bitcoin and other
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[17:57.400 --> 18:04.680]  details and donate today. Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.680 --> 18:08.280]  In today's America, we live in a us against them society. And if we, the people, are ever going
[18:08.280 --> 18:12.200]  to have a free society, then we're going to have to stand and defend our own rights.
[18:12.200 --> 18:15.880]  Among those rights are the right to travel freely from place to place, the right to act in our own
[18:15.880 --> 18:20.280]  private capacity, and most importantly, the right to due process of law. Traffic courts afford us
[18:20.280 --> 18:24.280]  the least expensive opportunity to learn how to enforce and preserve our rights through due
[18:24.280 --> 18:28.360]  process. Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put
[18:28.360 --> 18:31.880]  together the most comprehensive teaching tool available that will help you understand what
[18:31.880 --> 18:36.520]  due process is and how to hold courts to the rule of law. You can get your own copy of this invaluable
[18:36.520 --> 18:40.760]  material by going to RuleofLawRadio.com and ordering your copy today. By ordering now,
[18:40.760 --> 18:44.680]  you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie,
[18:44.680 --> 18:48.840]  video and audio of the original 2009 seminar. Hundreds of research documents and other
[18:48.840 --> 18:52.360]  useful resource material. Learn how to fight for your rights with the help of this material
[18:52.360 --> 18:57.480]  from RuleofLawRadio.com. Order your copy today and together we can have a free society we all want
[18:57.480 --> 19:11.480]  and deserve.
[19:27.480 --> 19:42.120]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and when we get going up
[19:42.120 --> 19:49.160]  to the break, we're leading up to this recording. And Brett, over the break, you talked a little
[19:49.160 --> 19:56.040]  more about what went on in the court. Will you address that? Yeah, I thought it was kind of
[19:56.040 --> 20:03.160]  ironic that when the lawyer lied to the judge and said, my client here has barred grieved me
[20:04.280 --> 20:09.720]  and you can hear him stammering and stuttering and everything. My client barred grieved me
[20:10.760 --> 20:16.440]  and my friend didn't really, it didn't click with him what was going on. He didn't really get it.
[20:16.440 --> 20:20.600]  He thought, once he talked about it, he's trying to embarrass me in front of the judge or something
[20:20.600 --> 20:30.920]  he couldn't, in the moment, wrap his mind around exactly what that meant. And his wife heard that
[20:31.960 --> 20:37.560]  and they got the elevator and his wife said, maybe he just lied to the judge.
[20:39.960 --> 20:47.400]  So it was his wife who I helped to write up that first bar grievance he got for lying to the judge.
[20:47.400 --> 20:55.960]  His wife sent it in. Oh, wonderful. Okay, do you have the tape where you can play it? Sure.
[20:58.040 --> 21:02.760]  And did you, were you able to, I can just play it from this side?
[21:02.760 --> 21:07.640]  Yeah, we talked through the whole break, so I didn't get a chance to talk to Robert about it.
[21:07.640 --> 21:22.280]  All right, so I get the levels right. Hi. How are you? I'm a little better.
[21:22.280 --> 21:28.200]  Yeah, I hear you. So, okay, so hopefully this is some way we can come to some kind of agreement
[21:28.200 --> 21:33.000]  with what's taking place. I need to know what's going on where you stand.
[21:33.000 --> 21:42.280]  Well, I didn't know where I stand. Well, you know, that little Larry said was not appropriate.
[21:43.240 --> 21:50.280]  Hey, listen, I got a few questions. Has anyone ever sent me a copy of the indictment
[21:51.400 --> 21:55.080]  or any kind of sworn complaint which, what this was based upon?
[21:55.080 --> 22:02.440]  When you came to the office, I have them please display to you the incompetence
[22:02.440 --> 22:06.520]  I know we have, but your answer is his dimension. We talked about this.
[22:06.520 --> 22:12.280]  We talked about it. Can you send me a copy of all the evidence that you've obtained?
[22:13.480 --> 22:18.840]  Unfortunately, no, there would be rules of evidence that that fall dinner does not allow us to transfer
[22:18.840 --> 22:25.000]  that to you. So, why did you order me out of the courtroom and tell me to go stand out in the hall?
[22:26.440 --> 22:34.120]  Because I was wanting to leave the courtroom and head back to the office with you.
[22:34.120 --> 22:37.720]  I tell people all the time, wait for me in the hallway.
[22:37.720 --> 22:40.920]  Yeah, but I heard you talking to them and you was ordering discovered.
[22:40.920 --> 22:43.240]  Do you worry? Do you worry? How do you read these properly?
[22:44.440 --> 22:46.840]  Man, I'm telling you, this is what I heard.
[22:46.840 --> 22:53.720]  Why did you go to the judge and lie to him and tell him that I had bargered you?
[22:55.160 --> 22:57.480]  Wait, no, hold on a second. Hold on a second.
[22:58.200 --> 22:59.560]  So, yes.
[23:01.000 --> 23:09.400]  I never said that I wanted to get off your case until he started pushing you even further.
[23:10.200 --> 23:15.720]  What I have a problem with is he's a pamphlet of every human of greatness.
[23:15.720 --> 23:20.040]  That wasn't accusing you of anything. It was just something that was written on the top.
[23:20.040 --> 23:21.960]  It had no connection with you whatsoever.
[23:22.840 --> 23:27.000]  Well, how do I know that? And how do I feel comfortable about that?
[23:27.640 --> 23:31.080]  Well, you turn around and tell me you're not going to work like that if you've got a dagger
[23:31.080 --> 23:32.840]  to your neck and a sword over your throat.
[23:32.840 --> 23:38.280]  Well, I did say I'm not going to do that. So, there's no, there's, there's what happens.
[23:38.280 --> 23:41.880]  And if you're going to rough me, then you can come up right in front of the judge.
[23:41.880 --> 23:49.320]  I will not care if you eat murder. What I said was, what I said was, I am not feeling comfortable.
[23:49.880 --> 23:53.000]  What's going to happen to the money? I mean, I've paid you for services, Render.
[23:53.000 --> 23:56.280]  You tell me that you've done all this work for me and so forth.
[23:56.280 --> 24:01.240]  And, and, and then you want to back out and looks like you're trying to take my money and
[24:01.240 --> 24:03.320]  leave my head on the chopping block.
[24:03.320 --> 24:11.960]  Yeah, I will not. I will not work with a sword to my neck or cut to my head because if I don't put a
[24:11.960 --> 24:16.760]  paper clip in the right spot, can you get angry and not have cancer or grief?
[24:18.040 --> 24:21.080]  I want you to meet your obligation that I contracted you for.
[24:21.080 --> 24:26.680]  And, and if you feel guilty, then are you angry because you feel like the way I lose the paper clip?
[24:26.680 --> 24:35.800]  I, I can. You are the one making the problem here. I, you know, there's, I was, I was, I was
[24:35.800 --> 24:43.080]  given a contract by Spicer a long time ago and there was even talk of grievance and not move
[24:43.080 --> 24:44.440]  forward with the client.
[24:44.440 --> 24:48.600]  You're not working for the, the person. You're working for the system.
[24:48.600 --> 24:50.120]  How dare you say that?
[24:50.120 --> 24:53.800]  You know, everybody's jumping a gun and a trigger happy and they won't throw everybody in jail
[24:53.800 --> 24:59.880]  so they can turn around and feed the system and ruin people before I, I've even gone to trial.
[24:59.880 --> 25:03.720]  That language, that language will not, that language will not be tolerated.
[25:03.720 --> 25:05.960]  Well, here's what I want you to do.
[25:05.960 --> 25:09.800]  I want you to do what you was hired to do and not take my money.
[25:09.800 --> 25:10.920]  That's what I want you to do.
[25:10.920 --> 25:14.360]  If you want to talk about which way we're going to move,
[25:14.360 --> 25:16.840]  sorry it's our business to talk about it.
[25:16.840 --> 25:23.240]  Well, I have been, I have been working on cases all day. I'm six weeks from my lunch.
[25:23.240 --> 25:25.000]  Okay. All right. I'll call you back on Friday.
[25:26.600 --> 25:27.800]  All right. Have a good day.
[25:32.200 --> 25:33.800]  The guy did good.
[25:35.000 --> 25:36.920]  Yep. He really did.
[25:36.920 --> 25:38.600]  He did not back up an inch.
[25:39.240 --> 25:45.640]  He put the lawyer on the dime and now the only thing the lawyer can do is run to the judge
[25:45.640 --> 25:53.560]  and tell the judge, oh, judge, you got to bail me out. I got a dirty rotten client that ruined it,
[25:53.560 --> 25:55.320]  ruined it in my career.
[25:56.920 --> 25:59.080]  Of course, I didn't just board at work here.
[26:01.400 --> 26:04.360]  The gun to his head. That's how he felt. Wonderful.
[26:05.880 --> 26:08.280]  So were you able to hear the, hear everything okay?
[26:09.480 --> 26:11.560]  Pretty good. I could pretty well tell what he was saying.
[26:11.560 --> 26:18.520]  It was a little light. I would like to get that. I want to try to master it and see if I can bring it out better.
[26:19.160 --> 26:21.400]  Okay. I'll send it to you as an MP3.
[26:22.040 --> 26:30.360]  Good. I want to keep that so we could send it to people and say, this is how you handle your lawyer.
[26:34.600 --> 26:37.960]  They get your money, then they throw you under the bus.
[26:37.960 --> 26:47.320]  So, you know, and this is just, it's generally even more effective when you have court appointed counsel
[26:49.080 --> 26:51.320]  because consider court appointed counsel.
[26:52.840 --> 26:55.560]  They, they're not the sharpest knives in the drawer.
[26:56.760 --> 27:01.480]  If they were the sharpest knives in the drawer, they would be out making the big bucks.
[27:02.200 --> 27:04.040]  They would be getting that 7,000.
[27:04.040 --> 27:15.080]  Yeah. They'd be getting it easy and or either that or they got out of law school.
[27:15.080 --> 27:23.640]  They weren't in the top 10% so they didn't get picked up by a law firm and they got $150,000 to $180,000 student loan to pay off.
[27:24.680 --> 27:27.400]  And they don't have any work.
[27:27.400 --> 27:33.640]  So, they have to go down and get put on the attorney wheel so they can get court of court of court of counsel.
[27:34.920 --> 27:46.040]  Now, in Wise County, if you are appointed as an attorney and you get your client to take a deal, you get paid $250,000.
[27:47.000 --> 27:51.640]  If you can't get your client to take a deal, you get paid $150,000.
[27:51.640 --> 27:56.840]  How does that work out?
[27:58.200 --> 28:06.440]  And I got this from a ex-prosecutor who had turned lawyer.
[28:07.320 --> 28:10.360]  And this is a prosecutor that had prosecuted me years ago.
[28:10.360 --> 28:16.760]  And you've probably heard me tell the story about asking the jury if you're going to believe this prosecutor.
[28:16.760 --> 28:23.160]  You know who he is. He is an unscrupulous prosecutor and I've proved it in court.
[28:23.160 --> 28:28.680]  That was the one that told me 125 or 150.
[28:30.200 --> 28:34.120]  And years later, this is 10 or 15 years after we had the court case,
[28:35.480 --> 28:39.400]  that he told me, said, Mr. Carlton, remember that case where I prosecuted you?
[28:39.400 --> 28:40.680]  Oh, yeah, I remember that.
[28:40.680 --> 28:46.920]  He said, I wanted to tell you, I always respected you for that.
[28:48.600 --> 28:50.440]  Well, I kicked his behind.
[28:51.480 --> 28:55.960]  It was nice to hear, but if you have a court of court of counsel,
[28:55.960 --> 29:00.760]  he's either first year in practice, in which case of our grievance,
[29:00.760 --> 29:08.040]  will get his malpractice insurance canceled immediately, or he's not the sharpest knife in the drawer.
[29:08.040 --> 29:15.560]  And it may not get his malpractice insurance canceled, but he will get his premium doubled.
[29:16.440 --> 29:19.960]  Just like if you get a new car and take it down to Walmart, somebody
[29:20.600 --> 29:25.800]  bashes in the fender while you're inside, you come out, call the insurance company,
[29:25.800 --> 29:29.320]  they fix it and double your premiums. Same way with these lawyers.
[29:30.200 --> 29:35.080]  You go down next month, somebody bashes in another one, they come out and fix it, they cancel.
[29:35.080 --> 29:38.680]  You're a fault. They're a fault. Nobody's fault. They don't care.
[29:40.200 --> 29:42.920]  Bargreeing a lawyer is like a lawyer having an accident.
[29:44.200 --> 29:49.160]  So hang on, we will go to college when we come back on the other side.
[29:49.160 --> 29:52.520]  Oh, and let's, Brett. Brett, do you have something else for the other side?
[29:54.440 --> 29:57.240]  No. Okay. We'll be right back.
[29:57.240 --> 30:01.240]  We'll be right back.
[30:27.240 --> 30:33.400]  Say no to surveillance and keep your information to yourself. Privacy. It's worth hanging on to.
[30:33.400 --> 30:37.000]  This public service announcement is brought to you by startpage.com,
[30:37.000 --> 30:43.000]  the private search engine alternative to Google, Yahoo, and Bing. Start over with Start Page.
[30:44.600 --> 30:49.880]  Ever hear the term fine farming? It's when cops find innocent people to bring in revenue,
[30:49.880 --> 30:53.640]  and it's apparently big business in the Sunshine State of Florida.
[30:53.640 --> 30:59.640]  This case involves breathalyzers used to convict thousands of Florida motorists for DUI violations.
[30:59.640 --> 31:04.120]  Recently, reporters discovered that the devices were improperly calibrated.
[31:04.120 --> 31:07.960]  State officials knew about it for two and a half years, but did nothing.
[31:07.960 --> 31:13.240]  In fact, the head of Florida's breath testing program ordered inspectors not to document the
[31:13.240 --> 31:18.840]  problem. A DUI conviction can ruin somebody's life, but now that the cover-up has been exposed,
[31:18.840 --> 31:21.560]  perhaps Florida drivers can breathe a bit easier.
[31:21.560 --> 31:26.360]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:51.960 --> 32:04.360]  Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or
[32:04.360 --> 32:08.280]  wind damage from the recent storms? Come on, we all know the government caused it with their
[32:08.280 --> 32:12.920]  chemtrails, but good luck getting them to pay for it. Okay, I might be kidding about the chemtrails,
[32:12.920 --> 32:17.160]  but I'm serious about your roof. That's why you have insurance, and Hill Country Home Improvements
[32:17.160 --> 32:22.040]  can handle the claim for you with little to no out-of-pocket expense. And we accept Bitcoin
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[32:26.840 --> 32:31.880]  trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[32:31.880 --> 32:38.280]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[32:38.280 --> 32:43.240]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio
[32:43.240 --> 32:48.040]  Network to help continue this programming. So if those out-of-town roofers come knocking,
[32:48.040 --> 32:56.360]  your door should be locked in. That's 512-992-8745 or hillcountryhomeimprovements.com.
[32:56.360 --> 33:00.680]  Discounts are based on full roof replacement. I mean, I actually be kidding about chemtrails.
[33:00.680 --> 33:11.080]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:31.160 --> 33:44.280]  Okay, we are back. This is the rule of law radio. Randy Kelton. I'm Brett Mountain.
[33:45.000 --> 33:49.240]  And Randy was saying while we were listening to the sponsors, Randy was saying that maybe I will
[33:49.240 --> 33:54.920]  come back in and just mention to you also about the plan going forward with my friend. He was
[33:54.920 --> 34:02.840]  saying, well, what's the status now? And this lawyer that you just heard, he's so freaked out
[34:02.840 --> 34:08.200]  about the possibility of getting to bar grievance. He's not dealing with my friend anymore. Instead,
[34:08.200 --> 34:12.520]  he has slipped another lawyer in and said, hey, here's your new lawyer. My friend is like,
[34:12.520 --> 34:18.120]  what? I have a new lawyer. What are you talking about? And what you signed right here, see on
[34:18.120 --> 34:23.160]  section four, it says that you're not hiring me. You're hiring the law firm. So I can stick
[34:23.160 --> 34:29.480]  another lawyer in here and that's just the way that is. He's like, okay. So I suggested to my
[34:29.480 --> 34:35.480]  friend, well, what if anytime the new lawyer does something you don't like or doesn't do something
[34:35.480 --> 34:42.360]  you wanted into, then you bar grieve the first lawyer? So that's where this is going.
[34:42.360 --> 34:51.320]  Anyway, what might be even better is since you did not, he did not hire a single lawyer,
[34:51.320 --> 34:56.040]  but hired the law firm. He greased all the lawyers in the firm.
[34:58.600 --> 35:07.160]  All of them. That's beautiful. I love it. Because if one didn't do what he should have done,
[35:07.160 --> 35:15.240]  it was the duty of the other eggs to make sure that he performed his function properly
[35:16.520 --> 35:20.040]  since he hired them all. I love it. That's great.
[35:22.680 --> 35:28.360]  Well, we have a board full of colors. Let's see. Are you ready to go to some colors?
[35:28.920 --> 35:35.960]  Absolutely. All right. We've got beats. First one is BJ in Texas. Good evening,
[35:35.960 --> 35:47.400]  BJ. What's up, guys? Hey, so I got an interesting story that I need some advice on how to proceed.
[35:48.520 --> 35:57.000]  I just called the Rockball Field Sport today in Texas where I found out I had a warrant
[35:57.000 --> 36:07.800]  out for my arrest for a failure to appear through an appeal that I never filed. That the JT court
[36:07.800 --> 36:16.760]  filed. I sent in a notice of appeal that said, I intend to appeal if the judge does not give me
[36:16.760 --> 36:22.760]  a new trial. After he proceeded with the trial, when served with a disqualification,
[36:22.760 --> 36:29.640]  proceeded with the trial anyway, and I beat him on one of the two charges anyway.
[36:32.840 --> 36:39.160]  Anyway, so, yeah, they filed an appeal on my behalf though I never filed an appeal.
[36:40.520 --> 36:46.680]  And now I have a warrant out for my arrest with the appeals court, county court.
[36:46.680 --> 36:57.160]  And further, I have a petition for a writ of mandamus to rule on the disqualification which
[36:57.880 --> 37:06.680]  an administrative judge said doesn't apply to a JT court judge only to actual lawyer judges,
[37:07.800 --> 37:12.120]  which the Constitution and the Code of Criminal Procedure both disagree with.
[37:12.120 --> 37:20.040]  So, clearly, I'm still trying to work on the lower court. I even sent in a notice when I found
[37:20.040 --> 37:25.640]  out that there was an appeal filed on my behalf. I sent in a notice to the appeals court, judicial
[37:25.640 --> 37:34.200]  notice to the judge, saying, with a complaint on the JT judge that it was a falsified government
[37:34.200 --> 37:43.000]  record, among other things, and that it was a falsified appeal record that the appeal is never
[37:43.800 --> 37:50.600]  asked for, and I'm still pursuing options in the lower court. And they went ahead and
[37:50.600 --> 37:57.560]  issued a warrant for my arrest for failure to appear. And now they're demanding $280 appeal bond
[37:57.560 --> 38:08.120]  in order to not get arrested. The warrant will appear before the judge and beg for mercy
[38:08.120 --> 38:12.600]  to not be arrested or not showing up to a case I never asked them to hear.
[38:15.400 --> 38:23.480]  When you gave notice to the court of appeals in your, okay, writ of mandamus,
[38:23.480 --> 38:36.040]  what did you ask the courts to mandate? Yeah, I said to hold a hearing on the
[38:36.040 --> 38:41.160]  disqualification of justice with East Joe Geruso. Most in for disqualification was
[38:41.160 --> 38:45.480]  timely filed before trial, ignored by the trial judge, then ignored by the regional
[38:45.480 --> 38:50.920]  administrative judge, and no hearing was ever held as required by statute. Then went through all the
[38:50.920 --> 38:59.240]  codes, constitution, government code. Okay, did you, you gave notice that they acted improperly?
[38:59.240 --> 39:08.280]  Did you file verified criminal affidavits alleging the wrongdoing in the process with your mandamus?
[39:10.520 --> 39:16.920]  I filed it with the same judge, not at the same time I actually filed it before.
[39:16.920 --> 39:21.320]  A judicial notice, the falsified appeal record I sent in.
[39:23.080 --> 39:29.080]  Okay, wait, wait, stop. Step back. You filed it with the same judge. What does that mean?
[39:31.160 --> 39:36.920]  You're in the county court, you're in the appellate court, or you're in the,
[39:37.640 --> 39:43.800]  you filed it with the justice of the peace? So, the original trial judge.
[39:43.800 --> 39:50.680]  Original trial, and then it goes to the county court after for a trial de novo, if it's appealed.
[39:51.720 --> 39:59.240]  So, I filed the criminal complaints, aggravated perjury, a couple of different times, and
[40:02.600 --> 40:09.080]  yeah, three different aggravated perjury against the judge with the county court judge.
[40:09.080 --> 40:19.480]  Did you, did you file it in the form of a criminal complaint as opposed to just notice inside a motion?
[40:21.080 --> 40:25.480]  Yeah, it's a criminal complaint entirely separate from the judicial notice.
[40:26.760 --> 40:35.240]  And I did the unsporn declaration from the civil practices and remedies code
[40:35.240 --> 40:41.000]  with all my information in it. Oh, wonderful. Okay,
[40:41.800 --> 40:50.280]  wit of mandamus, where did you file that? I sent it to the appeals court judge at the county.
[40:51.080 --> 40:56.680]  Okay, did the appellate court judge at the county act on it?
[40:56.680 --> 41:03.960]  Yes, they sent it to the fifth district for appeals in Texas, and it's been filed.
[41:05.480 --> 41:14.840]  Wrong. Now you need to hammer the trial judge. In the, the judges, there's a,
[41:15.640 --> 41:23.720]  judges manual. In the case of a classy misdemeanor appealed to the county court,
[41:23.720 --> 41:35.880]  the county court hears a mandamus. We filed one in Kim's case, and the county court refused to hear it,
[41:36.840 --> 41:44.120]  claims it had to go to the court of appeals. Well, we filed a brief that showed that it did not go to the
[41:44.120 --> 41:50.360]  court of appeals, but we had so much stuff going on, we didn't get back to the local county judge.
[41:50.360 --> 42:00.200]  The judge's name was Judge Kude, and he did not have a sense of humor about his name.
[42:01.080 --> 42:07.320]  Talking to him about a friend of mine that had a case that was in his court, and I told him that
[42:08.920 --> 42:15.320]  Jim was saying, judge crude this and judge crude that, and the judge said, did you correct him?
[42:15.320 --> 42:25.960]  No, I didn't think so. But anyway, that was, that the county judge actually
[42:26.600 --> 42:32.840]  should have heard the mandamus, so you might want to sting in for that. I don't think the court of
[42:32.840 --> 42:44.200]  appeals has jurisdiction. It's actually the county judge that does. If you appeal, if you appeal from
[42:44.200 --> 42:52.680]  the county court, then the court of appeals has jurisdiction. Right. Yeah, I sent it to his
[42:54.120 --> 43:03.480]  office. It did say Fifth District Court of Appeals or whatever on the Court of Appeals for the Fifth
[43:03.480 --> 43:12.680]  District Court of Appeals on the petition. Okay, that doesn't make any difference. The court of
[43:12.680 --> 43:21.080]  appeals does not get jurisdiction just because you did a nun's protonk. You did an error in naming
[43:21.080 --> 43:28.440]  the court. The court that has jurisdiction still has it, so you can still sting the county court
[43:28.440 --> 43:35.080]  if you want to. And I know I'm being pedantic here, but I'm trying to push to get all the rules
[43:35.080 --> 43:41.880]  in place. Hang on. We're about to go to see our sponsors. We're trying to change the way we do
[43:41.880 --> 43:46.040]  this thing to make us sound a little more professional. Here you go, see our sponsors,
[43:46.040 --> 43:51.960]  because they're the one that keeps us on the air and supports his radio station. And they have great
[43:51.960 --> 43:59.000]  products that will help you achieve the remedies that we talk about on this show. Hang on. We'll
[43:59.000 --> 44:04.120]  be right back. Are you being harassed by debt collectors with phone calls, letters, or even
[44:04.120 --> 44:10.360]  lawsuits? Stop debt collectors now with the Michael Miras Proven Method. Michael Miras has won six
[44:10.360 --> 44:15.560]  cases in federal court against debt collectors, and now you can win two. You'll get step-by-step
[44:15.560 --> 44:20.600]  instructions in plain English on how to win in court using federal civil rights statutes,
[44:20.600 --> 44:26.360]  what to do when contacted by phones, mail, or court summons, how to answer letters and phone calls,
[44:26.360 --> 44:30.920]  how to get debt collectors out of your credit reports, how to turn the financial tables on them
[44:30.920 --> 44:37.400]  and make them pay you to go away. The Michael Miras Proven Method is the solution for how to stop
[44:37.400 --> 44:42.680]  debt collectors. Personal consultation is available as well. For more information, please visit
[44:42.680 --> 44:49.320]  ruleoflawradio.com and click on the blue Michael Miras banner or email michaelmiras at yahoo.com.
[44:49.320 --> 44:58.280]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop
[44:58.280 --> 45:05.160]  debt collectors now. Are you the plaintiff or defendant in a lawsuit? Win your case without
[45:05.160 --> 45:11.640]  an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course that will show
[45:11.640 --> 45:19.160]  you how in 24 hours, step-by-step. If you have a lawyer, know what your lawyer should be doing.
[45:19.160 --> 45:24.440]  If you don't have a lawyer, know what you should do for yourself. Thousands have won with our
[45:24.440 --> 45:31.000]  step-by-step course, and now you can too. Jurisdictionary was created by a licensed attorney
[45:31.000 --> 45:37.240]  with 22 years of case-winning experience. Even if you're not in a lawsuit, you can learn what
[45:37.240 --> 45:43.400]  everyone should understand about the principles and practices that control our American courts.
[45:43.400 --> 45:49.640]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.640 --> 45:56.440]  prosay tactics, and much more. Please visit ruleoflawradio.com and click on the banner.
[45:56.440 --> 46:01.480]  Or call toll-free 866-LAW-E-Z.
[46:26.440 --> 46:35.240]  Be careful what I'm wishing for. When I'm hungry, I like to know just what I'm wishing for.
[46:35.240 --> 46:43.480]  I ain't asking for much. I ain't trying to be no glutton. I'm just gonna make it my living.
[46:45.480 --> 46:51.400]  Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio. Okay, B.J.,
[46:51.400 --> 46:59.560]  so when we left off, we were going through all this rumor roll about who does what. The municipal
[46:59.560 --> 47:08.280]  court case is appealed to the county court. So a mandamus, if you're filing a mandamus in the
[47:08.280 --> 47:17.640]  municipal or the JP, then the mandamus is filed with the county. And then once the county has
[47:17.640 --> 47:28.120]  held a hearing, then any appeal goes to the court of appeals. And a little bit on trial de novo.
[47:29.800 --> 47:40.520]  Trial de novo does not mean do over. Trial de novo is trial de novo for the purpose of
[47:40.520 --> 47:48.200]  perfecting your appeal. You see, the lower courts want it to be a do over. So they say,
[47:48.200 --> 47:55.800]  well, it doesn't matter what we did in the lower court. It doesn't matter how badly we
[47:55.800 --> 48:03.800]  trumped on your rights. Since you get a do over, it doesn't count. Wrong. It does count.
[48:03.800 --> 48:14.600]  If you had a right to dismissal in the municipal court, if they say they called you to court
[48:14.600 --> 48:21.560]  and weren't ready for a trial and the prosecutor asked for an appeal and you objected, you had a
[48:21.560 --> 48:27.960]  right to dismissal. And that right to dismissal doesn't go away because it's trial de novo.
[48:27.960 --> 48:34.200]  Okay, just a point I wanted to clear up. Okay, back to you and I'll shut up, BJ.
[48:35.720 --> 48:41.960]  So where do I find what you were referring to, the appeal goes to the county court before it
[48:41.960 --> 48:50.040]  goes to the... I found it in the judge's manual. Just do it online, search for it. Texas judge's
[48:50.040 --> 48:59.880]  manual. I found a diagram of that on txcourts.gov. They've got a diagram showing which courts appeal
[48:59.880 --> 49:04.680]  to which other ones. It gets a little confusing if you don't... I don't always know what's the
[49:04.680 --> 49:10.200]  difference between which county court because they've got them separated out to court at law,
[49:10.200 --> 49:14.840]  county court at law, county statutory court, and they break them up in ways that don't seem to line
[49:14.840 --> 49:21.320]  up with the names I see on buildings. But most of it makes pretty good sense. You just look at it
[49:21.320 --> 49:30.360]  and you recognize which one they're talking about, txcourts.gov. Right on. So Randy, would that be
[49:30.360 --> 49:38.600]  rules of judicial administration or the... No, there is a judge's manual.
[49:38.600 --> 49:45.880]  Send me an email and ask about it and I'll see if I can look it up and give you a link to it.
[49:46.840 --> 49:49.080]  But it had the case law I needed in there.
[49:51.640 --> 49:54.920]  If you send me a request, I'll look in the...
[49:55.960 --> 50:04.920]  in Tim's file and find the brief we wrote to the judge on that issue.
[50:04.920 --> 50:14.440]  Should I make that... When I send that to the judge, should I make that a judicial notice
[50:14.440 --> 50:24.840]  or exception? Well, you should file an objection. This would go to a subject matter jurisdiction
[50:24.840 --> 50:32.680]  challenge to the court of appeals, claiming that they don't have jurisdiction in this particular
[50:32.680 --> 50:39.560]  appeal. Oh yeah, that makes perfect sense. Yeah, because it's from the municipal and that goes...
[50:39.560 --> 50:47.720]  The county court has jurisdiction. The county court has no power to transfer its jurisdiction
[50:47.720 --> 50:55.000]  to the court of appeals. And that is a great question to answer because these county judges
[50:55.000 --> 51:03.560]  want to dodge their duty. So what if this circuit rules in our favor? Don't say anything?
[51:05.560 --> 51:15.160]  Yeah. Well, I don't know. It depends on what you're doing and what your intended outcome is.
[51:15.160 --> 51:24.120]  We're just going down the rules of law as detailed and pedantic as we can.
[51:25.320 --> 51:30.840]  Yeah. Then you look at the politics and what you think will work best for you. If you go ahead
[51:30.840 --> 51:36.440]  and let them rule, they rule against you, then you can file a subject matter jurisdiction challenge.
[51:36.440 --> 51:43.800]  Yeah, definitely. Because that can be filed at any time, no matter how remote in history.
[51:45.320 --> 51:48.680]  But if they rule in your favor, then mom's the word.
[51:49.960 --> 51:57.400]  Right. Yeah, my goal is to get a fair hearing. The first time around, I filed the
[51:58.360 --> 52:04.440]  motion for disqualification. The JP judge just ignored it, which, of course, he doesn't have
[52:04.440 --> 52:15.880]  the power to do. Okay, hold on, hold on. Brett, we were speaking. You sent me some texts about
[52:16.920 --> 52:22.520]  Walker v. Packer. Yeah, there was a guy that called in last night and was asking about
[52:23.240 --> 52:27.560]  whether that was the right one. I did take a look at Walker v. Packer. It looks to me like
[52:27.560 --> 52:35.800]  that was the correct one. Okay, Walker v. Packer. Explain to BJ what that was about.
[52:37.000 --> 52:43.640]  It's just simply saying that a judge, a trial judge, doesn't have any discretion when applying
[52:44.920 --> 52:48.920]  the law to the facts. He doesn't have any discretion to analyze what the law is.
[52:50.360 --> 52:56.360]  He doesn't have any discretion of applying the law to the facts. So those two pieces,
[52:56.360 --> 53:02.920]  he's not allowed to just play fast and lose, make up stuff. It does. In some of the chains,
[53:02.920 --> 53:08.360]  if you follow what sites, what, you go back and you look, says that the one who's going to report
[53:08.360 --> 53:20.040]  this, the relator, they call it, is working under a heavy burden, labor is under a heavy burden.
[53:20.040 --> 53:26.120]  The burden of showing that there was only one proper decision that they shouldn't have come
[53:26.120 --> 53:31.720]  to. Because it says anything else would have just been an arbitrary and unreasonable
[53:34.200 --> 53:40.040]  decision. But in the case, what I'm doing is extrapolating on that.
[53:41.480 --> 53:51.640]  Since the judge has no discretion in properly applying the law to the facts, when the judge
[53:51.640 --> 54:05.240]  fails to properly apply any law to any facts, what is that? I call that an abusive discretion.
[54:06.120 --> 54:14.120]  And if a judge abuses his discretion and in the process denies you in your remedy,
[54:14.120 --> 54:20.600]  by denying you in your right to petition the court for redress and grievance.
[54:21.960 --> 54:27.080]  Well, that's a class A. Mr. Mium, State of Texas, the way I read 39.03 penal code.
[54:29.000 --> 54:37.000]  We filed that against the district judge for failing to give us findings of facted conclusions
[54:37.000 --> 54:44.600]  of law. Filed it with the prosecuting attorney and pushing him to give it to the grand jury.
[54:46.280 --> 54:52.920]  Oh, that was so much fun. Okay, BJ, give me any ideas?
[54:54.840 --> 55:04.040]  Yeah. Yeah. Yeah. Point is, look through every argument you make.
[55:04.040 --> 55:10.280]  This is what the judges do. They look at the arguments they can't rule against you on.
[55:11.160 --> 55:16.280]  And they jump over them and go to something they feel like they can rule against you on.
[55:16.840 --> 55:20.600]  They rule against you on the ones they can and ignore the ones they can't.
[55:22.280 --> 55:30.040]  And I say, call them on it. I'm definitely doing that. This JP judge is trash and
[55:30.040 --> 55:39.720]  trash and has no idea what the law says or requires and used every opportunity to break
[55:40.520 --> 55:48.520]  or ignore every, you know, every motion went unopposed and was denied to Mr. Ponte and
[55:49.960 --> 55:57.560]  even denied my request for admission, which clearly doesn't get filed with him,
[55:57.560 --> 56:06.840]  it's not sent to him, it's sent to prosecution. Wait a minute, wait a minute. You gave him a
[56:06.840 --> 56:14.520]  courtesy notice of your request for admissions. Did the prosecutor file an opposition to the
[56:14.520 --> 56:22.360]  request for admissions? No, a prosecutor didn't oppose anything. So the judge,
[56:22.360 --> 56:31.080]  he was acting as a prosecuting attorney when he denied your admissions. Because discoveries between
[56:31.080 --> 56:39.080]  you and other counsel. Did you send a copy to the court or did you only send a copy to the
[56:39.080 --> 56:46.520]  prosecuting attorney? No, I sent a copy of the court as well. Okay. And that's just a courtesy
[56:46.520 --> 56:53.560]  copy. You think the judge knows what's going on. The other side would have to file an opposition
[56:53.560 --> 57:00.360]  and then the court could rule on the opposition. If the judge denied it, that's what the opposing
[57:00.360 --> 57:07.960]  counsel is supposed to do. So you have a judge acting as opposing counsel. Right.
[57:09.240 --> 57:15.000]  Well, I happen to see things a little differently with this particular judge. I don't think he's
[57:15.000 --> 57:22.520]  trash. I think he is clueless. And I think he has a misplaced trust in, wow, that's a lawyer.
[57:22.520 --> 57:29.080]  He went to law school. He must know everything. He has a misplaced trust. He thinks that whatever
[57:29.080 --> 57:33.960]  comes out of their mouth is gold and he better do it. That's exactly what I was thinking. You know,
[57:33.960 --> 57:42.440]  this is not something an learned counsel would tend to do. A lawyer would know better. So the
[57:42.440 --> 57:51.720]  J.P. judge, he's just, but Brett, there was no opposition from opposing counsel.
[57:52.680 --> 57:56.600]  Well, not that we know of. There could have been an ex-partee conversation.
[57:57.160 --> 58:05.560]  Metrics, exactly. It could well have been a, oh, you need to ask for those. Okay.
[58:05.560 --> 58:14.440]  B.J., did you hear us last night talking about asking for any, will you explain that, Brett?
[58:14.440 --> 58:19.800]  You did it better than me. I was just talking about metadata on the case because when you ask
[58:19.800 --> 58:24.200]  to see the file, they're going to show you paper. It might have been electronic,
[58:24.200 --> 58:27.320]  it might have been whatever, but they've got a pile of paper there to show you.
[58:28.840 --> 58:33.000]  But you can also ask for the comments and they'll have internal notes that are
[58:33.000 --> 58:37.240]  electronic and they can print them out for you. It has date and time stamps of when the
[58:37.240 --> 58:41.000]  prosecutor went to the judge and they had this little back and forth and they decided whatever
[58:41.000 --> 58:46.200]  they decided. We can talk about it more before we go talk to our sponsors, here from our sponsors.
[58:46.200 --> 58:54.040]  Be right back. Would you like to make more definite progress in your walk with God?
[58:54.040 --> 58:59.640]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.640 --> 59:04.440]  can really help. The New Testament recovery version is one of the most comprehensive study
[59:04.440 --> 59:09.960]  Bibles available today. It's an accurate translation and it contains thousands of footnotes that will
[59:09.960 --> 59:15.960]  help you to know God and to know the meaning of life. The free books are a three-volume set called
[59:15.960 --> 59:21.320]  Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life
[59:21.320 --> 59:27.720]  clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.720 --> 59:33.240]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:33.240 --> 59:59.240]  call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[59:59.240 --> 01:00:04.440]  The following news flash is brought to you by The Lowest Star of Lowdowns.
[01:00:06.360 --> 01:00:13.000]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[01:00:13.000 --> 01:00:20.840]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[01:00:20.840 --> 01:00:29.160]  Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:29.160 --> 01:00:41.480]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:41.480 --> 01:00:51.640]  Today in History, the year 1916, the Preparedness Day bombing, a Thai suitcase bomb,
[01:00:51.640 --> 01:00:57.400]  was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.400 --> 01:01:00.280]  killing 10 and entering 40. Today in History.
[01:01:04.520 --> 01:01:09.080]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing
[01:01:09.080 --> 01:01:13.720]  hemp into Texas law back in June, county prosecutors around the state, including Houston,
[01:01:13.720 --> 01:01:17.720]  Austin, and San Antonio, have been dropping marijuana possession charges and even refusing
[01:01:17.720 --> 01:01:22.280]  to file new ones, since they are stipulating that they do not have the time or the laboratory
[01:01:22.280 --> 01:01:27.160]  equipment to test the herb for THC. Margaret Moore, the Travis County District Attorney,
[01:01:27.160 --> 01:01:31.160]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:01:31.160 --> 01:01:35.400]  of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:01:35.400 --> 01:01:39.400]  including the Attorney General stipulated in a letter to county district attorneys back on
[01:01:39.400 --> 01:01:44.520]  Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a
[01:01:44.520 --> 01:01:51.080]  misunderstanding of how HV 1325 works, as well as other cities too, like the District Attorney
[01:01:51.080 --> 01:01:57.000]  in El Paso, Khayma Esparza, a Democrat who also stated earlier this month that the law,
[01:01:57.000 --> 01:02:01.800]  quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.800 --> 01:02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.760 --> 01:02:11.240]  in Harris County, who stated that, quote, the law is constantly changing on what makes something
[01:02:11.240 --> 01:02:15.960]  illegal based on its chemical makeup. It's important that if someone is charged with something,
[01:02:15.960 --> 01:02:25.000]  the test matches what they're charged with. A paper by Tulane University identified a five
[01:02:25.000 --> 01:02:29.960]  and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[01:02:29.960 --> 01:02:35.480]  the specimen being only the second pocket shark ever captured or recorded with the other one
[01:02:35.480 --> 01:02:40.760]  being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[01:02:40.760 --> 01:02:47.480]  shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized
[01:02:47.480 --> 01:03:00.600]  to lure and prey who may be drawn into the glow. This is Rick Rody with the Lowdown for July 22, 2019.
[01:03:17.480 --> 01:03:47.160]  Okay, we are back.
[01:03:47.640 --> 01:03:54.040]  Randy Kelton, Brett Fountain, Rural Law Radio, and we're talking to BJ in Texas. Okay, BJ,
[01:03:55.160 --> 01:04:02.680]  where were you? You now have a failure to appear for an appeal you didn't file.
[01:04:05.800 --> 01:04:14.520]  So I'm going to email you to get the citation from Tim's file for a brief about
[01:04:14.520 --> 01:04:23.800]  a judge not being able to transfer jurisdiction to the Fifth District Appeals Court when the
[01:04:23.800 --> 01:04:34.200]  county court gives the appeals court. And let's see. Oh, so one other question. When I file that
[01:04:34.200 --> 01:04:40.440]  with the court, I'd ask if it was, if I should do a judicial negative error or if I should
[01:04:40.440 --> 01:04:47.560]  say it's an exception rather than an objection. I think you heard me say objection, but I meant
[01:04:47.560 --> 01:04:56.920]  exception. Wait a minute. I'm not sure I heard that right. You're speaking to the denial of the
[01:04:57.640 --> 01:05:09.160]  admissions now? No. Yeah, different issue. So when I, I've got to go in next week sometimes
[01:05:09.160 --> 01:05:15.800]  this county court to resolve this warrant and tell me I have to appear in person and say
[01:05:17.000 --> 01:05:26.200]  you screwed up. Should I bring with me a judicial notice or an exception?
[01:05:28.520 --> 01:05:30.920]  You need to file a motion to
[01:05:30.920 --> 01:05:40.840]  withdraw or strike the warrant and make your statement of facts addressing that issue in the
[01:05:40.840 --> 01:05:48.040]  motion. Would he need to do first a challenge to the subject matter jurisdiction of that court
[01:05:48.040 --> 01:05:54.360]  that's issuing the warrant, the higher court that he never requested to talk to? Would he need to
[01:05:54.360 --> 01:06:02.440]  start with that one so that he doesn't wave? Very good point. Special appearance. Special
[01:06:02.440 --> 01:06:09.880]  appearance. The court has no jurisdiction over your person. The court does have jurisdiction
[01:06:09.880 --> 01:06:17.960]  over an appeal from the municipal court, I mean the Justice of the Peace Court, but it does not
[01:06:17.960 --> 01:06:27.960]  have jurisdiction over your person. As you did not file the appeal and since the ruling was in
[01:06:27.960 --> 01:06:40.440]  the favor of the prosecution, the prosecution had no standing to file an appeal. Randy, do you think
[01:06:40.440 --> 01:06:52.920]  it would help him? Do you know of a parallel to the Chapter 45014 talks about if you show up for
[01:06:52.920 --> 01:07:00.280]  municipal or justice court warrant and you voluntarily appear to go deal with it, then
[01:07:00.280 --> 01:07:05.480]  they lift the warrant because you showed up? But I haven't seen anything like that that goes to a
[01:07:05.480 --> 01:07:14.600]  county court. Well, they haven't done that because it really wasn't necessary because
[01:07:15.720 --> 01:07:26.360]  when the warrant is issued, the warrant always says arrest this person and bring him before me.
[01:07:26.360 --> 01:07:35.000]  So if you're standing before a magistrate or whoever issued the warrant,
[01:07:35.800 --> 01:07:38.760]  it's been satisfied. Exactly.
[01:07:41.400 --> 01:07:50.680]  So that's necessary because if a warrant is issued, the warrant is necessarily issued ex parte.
[01:07:50.680 --> 01:07:56.120]  There'd be no reason to issue a warrant if both parties were there.
[01:07:58.120 --> 01:08:04.920]  If one party is missing, the warrant is to bring the second party. So that's the reason
[01:08:04.920 --> 01:08:11.320]  bring them before me because the judge held an examining trial based on an accusation of failure
[01:08:11.320 --> 01:08:18.600]  to appear and he found probable cause to believe there's failure to appear in an ex parte examining
[01:08:18.600 --> 01:08:25.800]  trial. So when the person's arrested, he has a right to an examining trial and he has a right
[01:08:25.800 --> 01:08:33.720]  to be faced by his accuser. So once he's arrested, he's to be bought back before the magistrate
[01:08:33.720 --> 01:08:39.960]  so the magistrate can hold an examining trial with the party press. Does that make sense?
[01:08:39.960 --> 01:08:53.000]  Yeah. One relating question. So the way I found out my case in the field was that they
[01:08:53.000 --> 01:08:59.880]  I'm having trouble hearing. Hold on. Let me turn off my headset and see if that makes a difference.
[01:09:01.240 --> 01:09:03.720]  Oh, don't say that word Deborah might hear you.
[01:09:03.720 --> 01:09:13.240]  Ah, this better. A little bit. Okay. Well, so the
[01:09:15.560 --> 01:09:21.960]  let me notice that my case had been appealed, which was a surprise because I didn't appeal.
[01:09:23.960 --> 01:09:31.880]  And that's when I started sending in notices. But then they did not send me a notice that
[01:09:31.880 --> 01:09:36.920]  I had a warrant for a failure to appear. Is there anything I can do about that?
[01:09:37.640 --> 01:09:43.080]  No, no, they're not required. They don't send notices that you have a warrant.
[01:09:44.120 --> 01:09:49.480]  The rationale is if they do that, that will give you reason to abscond.
[01:09:51.560 --> 01:09:55.720]  So they technically don't want you to know you have an warrant because
[01:09:55.720 --> 01:10:01.160]  if they had reason to believe that you would appear based on a simple notice,
[01:10:02.280 --> 01:10:08.760]  they wouldn't need a warrant. But whether they have a failure to appear, then the rationale is you
[01:10:08.760 --> 01:10:14.520]  did not appear. And if you find out we have a warrant, then you're going to make yourself
[01:10:14.520 --> 01:10:20.840]  scared. So they are not required to give notice of the existence of a warrant until it has been
[01:10:20.840 --> 01:10:31.000]  executed. Once it's been executed under 15.16, the magistrate who issued the warrant is required
[01:10:31.000 --> 01:10:39.720]  to make the warrant open for public inspection. Right on. B.J., did you say that the when you
[01:10:39.720 --> 01:10:44.520]  called in to ask about that warrant that the instruction you got was to go down to the jail
[01:10:44.520 --> 01:10:54.440]  and turn yourself in? Yeah, I turned myself in and paid $240. And then I could use that liberty
[01:10:54.440 --> 01:10:56.040]  to live my life without fear.
[01:10:59.880 --> 01:11:08.600]  Or be heard at a trial I never asked for. I don't know, man. It's over me. I don't
[01:11:08.600 --> 01:11:14.360]  think that fits in there at all because while they might like that plan and they might
[01:11:14.360 --> 01:11:21.160]  like to have the extra money, I'm pretty sure that the jailer at that front desk is not going to
[01:11:21.160 --> 01:11:27.880]  follow the law and look at the warrant and say, bring him to me. He's going to say, come with me
[01:11:27.880 --> 01:11:32.840]  through these doors and take you back to the back and do all their booking process instead.
[01:11:34.840 --> 01:11:43.160]  And if you go to jurismprudence.website, I have a bunch of frogs on the front of it,
[01:11:43.160 --> 01:11:50.120]  top frog on the left is a habeas corpus that I wrote for a kid in Conroe.
[01:11:51.080 --> 01:12:01.400]  It walks through due process. It will give you between 15 and 19 felony and misdemeanor charges
[01:12:01.400 --> 01:12:07.400]  against everybody involved in an arrest. It walks through all of the details. You might want to look
[01:12:07.400 --> 01:12:18.920]  at that. Absolutely. They give you lots of things you can claim. Okay. Yeah. Well, I guess
[01:12:18.920 --> 01:12:26.120]  me some stuff to go on. Randy, I'll email you here shortly and ask you for that citation of
[01:12:28.200 --> 01:12:32.440]  the appeal from JP to county court here at the mandamus.
[01:12:32.440 --> 01:12:41.560]  Okay. Well, thank you, BJ. All right. Thank you guys. Bye. Now we're going to go to Ralph
[01:12:41.560 --> 01:12:51.160]  in Texas. Hello, Ralph. Hello, Mr. Kelton and Brett. I have a scenario playing out. I'd like
[01:12:51.160 --> 01:13:00.680]  to tell you about and get your opinion on it. Okay. Okay. I'm in the federal appeals court
[01:13:00.680 --> 01:13:08.120]  and I filed my appeal brief and one of the defendants motioned for a 30 day extension.
[01:13:09.240 --> 01:13:15.160]  So I went and looked at the reason that they gave for an extension was that
[01:13:16.360 --> 01:13:24.120]  they're busy with other cases. The attorney, but the attorney is not the attorney in those other cases.
[01:13:24.120 --> 01:13:33.720]  Oh, that is interesting. So did you have you filed in opposition?
[01:13:35.320 --> 01:13:43.160]  I'm working on it. I filed it Monday. You might notice the court that there are there are probably
[01:13:43.160 --> 01:13:49.320]  a lot of lawyers out there who are not involved in this case who are very busy with other cases.
[01:13:49.320 --> 01:13:57.240]  But it would be inappropriate to grant a continuance in this particular case because some
[01:13:57.240 --> 01:14:06.840]  lawyer in another case is busy. Or you could just bargain for lying. Yes. Yes, sir. Just bargain.
[01:14:08.040 --> 01:14:16.760]  We have bargains coming up. So there's five attorneys, four law firms, and one of them
[01:14:16.760 --> 01:14:23.160]  asked for 30 day extension. I looked at the rule and what they gave for an excuse for the
[01:14:23.720 --> 01:14:32.840]  extension was not good according to the rules. And they got the extension granted the next day.
[01:14:33.560 --> 01:14:39.720]  So I'm going to do a motion reconsider during that time. I checked on the cases that they gave
[01:14:39.720 --> 01:14:50.600]  and the cases are for the law firm, but not for those attorneys. So I'm like, okay, there is a
[01:14:50.600 --> 01:14:58.280]  lot going on here. How are you getting along with your judge? Well, I haven't, this is
[01:14:58.280 --> 01:15:04.520]  any appeal. I haven't seen any judges that and I am not getting along with clerk. I found out today
[01:15:04.520 --> 01:15:14.200]  that she don't really care much for pro-state. But before I go there, I got to thinking.
[01:15:15.000 --> 01:15:21.960]  You know what? Everybody's appeal is due yesterday. So late yesterday I got on
[01:15:22.840 --> 01:15:31.080]  and looked at the docket and somebody I filed for an extension and somebody else filed their appeal.
[01:15:31.080 --> 01:15:36.520]  So this morning I said, well, look, this guy filed for an extension, but he didn't file it
[01:15:36.520 --> 01:15:42.680]  in time to get it granted. There's no granted. He filed it late in the day and the clerk said,
[01:15:42.680 --> 01:15:48.680]  well, I agreed, I granted it yesterday. I just hadn't had time to enter it.
[01:15:50.120 --> 01:15:57.160]  Yeah, right. I said, well, look, he granted, he asked for within seven days of the
[01:15:57.160 --> 01:16:04.360]  appeal due date. And if he does that, he's got to go through extra stuff because he waited
[01:16:04.360 --> 01:16:12.040]  the less than seven days before it was due. And I read it and I know the rule and he didn't do it.
[01:16:12.040 --> 01:16:16.840]  So she said, just a minute, she came back and she said, yeah, it's good enough. And I said,
[01:16:16.840 --> 01:16:24.680]  okay, okay, well, I'm going to ask for reconsideration on it. She said, yeah, well,
[01:16:24.680 --> 01:16:31.080]  you've got 10 days to do that. And I said, well, I thought I had 14. And I did. I got it mixed up.
[01:16:31.080 --> 01:16:35.160]  And I said, can you give me that rule? So she gave me the rule number. And I said, well,
[01:16:35.160 --> 01:16:40.920]  the problem with that is that I didn't get much. She said you got seven days plus three days for
[01:16:40.920 --> 01:16:47.800]  mailing. I said, well, I didn't get my mail in three days. The Houston postal portal,
[01:16:47.800 --> 01:16:53.400]  the roof came in on it and my mail has been getting to me very slowly. And I got this,
[01:16:53.400 --> 01:16:56.840]  accepted it, it was certified, accepted it. The first time they tried to deliver it,
[01:16:56.840 --> 01:17:07.320]  and it still took six days to get them. It's the 2019 Logos Radio Network annual fundraiser
[01:17:07.320 --> 01:17:13.480]  and gun giveaway sponsored by Central Texas Gun Works. Go to LogosRadioNetwork.com and enter
[01:17:13.480 --> 01:17:19.080]  to win. Any amount is appreciated. Everything helps to keep us on the air. From Central Texas
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[01:17:25.800 --> 01:17:32.440]  to be announced. Every $25 donation is a chance to win. When you purchase Randy Kelton's ebook,
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[01:19:00.360 --> 01:19:02.360]  What?
[01:19:02.360 --> 01:19:06.360]  This is the Logos. Logos Radio.
[01:19:06.360 --> 01:19:14.360]  Logos Radio.
[01:19:24.360 --> 01:19:30.200]  Okay, we are back. Randy Kelton, Brett Fountain, Rooval Radio, and we're talking to Ralph
[01:19:30.200 --> 01:19:38.920]  in Texas. And Ralph, you ran off the cliff. I did. I didn't even see it. I mean, it's like
[01:19:39.720 --> 01:19:44.840]  you wait up now just because Brett and I are looking at the clock. That don't make any difference.
[01:19:45.960 --> 01:19:52.440]  We're going to blame you so Deborah doesn't skin us alive. I can see that because I'm standing
[01:19:52.440 --> 01:20:02.040]  here in my liver and talking to myself all of a sudden. Okay, where were we when we went off?
[01:20:02.040 --> 01:20:08.280]  You were talking about the mail and how they were saying you had seven days and three days and you
[01:20:08.280 --> 01:20:14.280]  were talking about how it doesn't get delivered in three days. Yeah. My mail's been incredibly
[01:20:14.280 --> 01:20:23.320]  slow. I got one of the defendants refused certified and it took, I'll do this, I can't remember now,
[01:20:23.320 --> 01:20:29.960]  I think it took 18 days for it to get back to me. Wait a minute, refused certified?
[01:20:31.960 --> 01:20:38.520]  The long story, I don't want to get into it. They can't refuse certified. I mean, they can,
[01:20:38.520 --> 01:20:45.400]  but they can't claim that as a reason for not getting noticed. Well, they will, they will
[01:20:45.400 --> 01:20:50.520]  eventually, you know, have to own up to it. But I'm having trouble with the public service. I
[01:20:50.520 --> 01:20:54.840]  hate to say it. I mean, but these social people, they deliver to these law firms all the time and
[01:20:54.840 --> 01:21:02.680]  I think they're doing them favor. Okay, hold on, hold on. Have you looked at signing up for
[01:21:02.680 --> 01:21:14.680]  email, e-filing? Well, that's kind of a mess. No, we did it. It wasn't too hard. It kind of kind of
[01:21:14.680 --> 01:21:21.720]  straightened out. Wasn't that Laura that had jumped through all the hoops? Now, we didn't have to.
[01:21:22.920 --> 01:21:28.840]  Well, yeah, but when I signed up for it, it was a piece of cake. Well, the signing up
[01:21:28.840 --> 01:21:35.480]  is not the trouble. For me, there's two reasons why I don't use it. And that is you have to do
[01:21:35.480 --> 01:21:39.160]  really, really specific formatting on your documents and they've got to be all hyperlinked
[01:21:39.160 --> 01:21:45.880]  and just write or else they reject it. Okay, what you have to do is, is you're, you're restricted
[01:21:45.880 --> 01:21:56.120]  in the size of your exhibits. And if your exhibits are PDFs, they have to be searchable. And well,
[01:21:56.120 --> 01:22:02.200]  they want everything filed in PDF and it needs to be searchable. So you need something like Acrobat
[01:22:02.200 --> 01:22:11.960]  or a online service that will do OCR. You do optical character recognition on the file and
[01:22:11.960 --> 01:22:19.480]  save it that way. That makes it searchable. So it's not just an image of the document, but it's
[01:22:19.480 --> 01:22:26.200]  actually what you file actually can read the document. That's not really hard to do. If you
[01:22:26.200 --> 01:22:33.800]  don't have Acrobat, there are some tools online that you can do that with. That's an idea. Once
[01:22:33.800 --> 01:22:38.200]  you get that down, it's a little bit complex, but once you get it figured out, it's not that
[01:22:38.200 --> 01:22:44.040]  difficult. I don't see any reason for it. The second thing that I didn't like about that idea is that
[01:22:44.040 --> 01:22:50.600]  they can send me something at 11.59 p.m. and they will consider it that I have got it. I'm deemed
[01:22:50.600 --> 01:22:56.760]  to have been served on that day. And I don't like that. I'd rather stick with the other rules where
[01:22:57.480 --> 01:23:03.640]  I can, I can send them an email. Texas Rules of Civil Procedure says that I can if I'm pro-se.
[01:23:04.280 --> 01:23:09.720]  I can send them an email. I can send them a fax. And I can attach a PDF, just the same, but
[01:23:09.720 --> 01:23:15.560]  there's nobody to be telling me that my margins are wrong or that it's not searchable enough.
[01:23:16.360 --> 01:23:20.600]  And it's not that I'm missing a hyperlink. I'm just going to send them and they're going to
[01:23:20.600 --> 01:23:25.400]  have to deal with it. When they started giving me some guff about that in Fort Worth, I wrote them
[01:23:25.400 --> 01:23:30.760]  a handwritten petition for writ of mandamus and it was, I don't know, eight pages or something
[01:23:30.760 --> 01:23:38.360]  and it was all handwritten. Now they had to just deal with it. If you were going to do that,
[01:23:38.360 --> 01:23:45.960]  you should have wrote it on toilet paper. I went to the court of criminal appeals and asked to see
[01:23:47.160 --> 01:23:53.640]  all of the mandamus is written by pro-se litigants in the last, I think six months
[01:23:54.920 --> 01:24:03.800]  because they had dismissed mine for, they ordered, they required that I file a motion
[01:24:03.800 --> 01:24:08.600]  for leave to file and they denied me leave to file. I want to see how many got that. Well,
[01:24:08.600 --> 01:24:16.680]  they brought me all of these mandamuses. I'm sorry, habeases. One of them was written on
[01:24:16.680 --> 01:24:27.160]  two rolls of toilet paper from a guy in the jail. Wow. Two full rolls of toilet paper. I did not
[01:24:27.160 --> 01:24:37.800]  see an error anywhere. I didn't see a hole in the toilet paper anywhere. Wow. I was, when they handed
[01:24:37.800 --> 01:24:47.480]  them to me, I said, are you kidding? And they said, we couldn't believe it either. Wow. Anyway,
[01:24:47.480 --> 01:24:58.040]  I digress. Okay. You can do e-filing. You can also do fax. You can also do email. Now they're
[01:24:58.040 --> 01:25:01.960]  going to give you some guff about that. They're going to tell you, oh, we don't accept filings
[01:25:01.960 --> 01:25:07.800]  via fax and email anymore. You have to do e-filing. You have to sign up for that web system and it
[01:25:07.800 --> 01:25:15.240]  doesn't cost too much. You can do it. And the fax and email is obviously going to cost you
[01:25:15.240 --> 01:25:24.360]  nothing. And there will be no requirements on the formatting of your document because
[01:25:24.360 --> 01:25:30.040]  that's a lot closer to the toilet paper end of things. You send them whatever you send them
[01:25:30.040 --> 01:25:33.000]  in whatever format you send it to them and they just have to deal with it.
[01:25:35.640 --> 01:25:40.280]  But sounds good. I'm just elating the game. I just keep putting that one off.
[01:25:40.280 --> 01:25:49.080]  Well, the thing I liked about email is when I file it, they got it. I don't have to
[01:25:49.080 --> 01:25:53.720]  send anything the other side. The court's responsible for that. We don't have any
[01:25:53.720 --> 01:25:59.160]  of this garbage about I didn't get your documents. We don't have to deal with the mailbox rule,
[01:25:59.160 --> 01:26:05.960]  which the judges tend to rule on the mailbox rule any way they choose at the moment.
[01:26:05.960 --> 01:26:15.080]  Yeah. It's against the pro say is typically how that goes. Exactly. So with the email
[01:26:16.040 --> 01:26:20.440]  e-filing, you don't have that problem or fax. You don't either. Those three
[01:26:21.800 --> 01:26:26.520]  e-filing or fax or email all three of them. You don't have that problem or hand delivery.
[01:26:28.520 --> 01:26:33.000]  Randy, you will know when I start e-filing because I will probably have asked you a
[01:26:33.000 --> 01:26:39.080]  dozen questions about how to do it. That won't be a problem. I can kind of walk you through what
[01:26:39.080 --> 01:26:46.760]  they require. But I've got a bookmark. They've got a website that the tutorial
[01:26:46.760 --> 01:26:52.840]  that teaches you how to do it. But one of the problems I've had when I did look into it is
[01:26:52.840 --> 01:27:00.360]  I'm stuck on Linux and Linux is stuck on me. And the last time I checked, you could not get an
[01:27:00.360 --> 01:27:11.080]  editable PDF for Linux. And the demand that the PDF that you found in e-file is editable.
[01:27:11.720 --> 01:27:16.440]  Okay. You can go online, even with Linux, you can go on the internet and there are
[01:27:17.320 --> 01:27:25.400]  tools out there that will OCR PDFs. I heard you when you said that earlier and I forgot to think
[01:27:25.400 --> 01:27:34.200]  and I've been hung up on thinking Adobe Acrobat was the only one that made editable PDFs. I
[01:27:34.200 --> 01:27:39.160]  think I read that somewhere and I just got frustrated. Now, there's a lot of different
[01:27:39.160 --> 01:27:44.760]  programs. I've got two on my system that one of them, I don't know where I got it,
[01:27:44.760 --> 01:27:50.360]  but it defaulted. So now instead of when I open a PDF, it opens into this other program.
[01:27:50.360 --> 01:28:02.360]  And it's associated with one of the browsers. But there are, what is it? Something Fox.
[01:28:03.960 --> 01:28:10.040]  There are probably a dozen different pieces of software out there that will OCR PDFs.
[01:28:11.880 --> 01:28:17.400]  That part's a piece of cake. One thing that's nice with Acrobat is you can
[01:28:17.400 --> 01:28:27.320]  create a reduced size PDF. Sometimes when your attachments get too big, they've got a,
[01:28:28.360 --> 01:28:36.600]  I think, an 80 megabyte limit on how many attachments you can send. So if you have to
[01:28:36.600 --> 01:28:47.720]  have stuff in there, then you shrink down the size of the PDFs with the function in Acrobat.
[01:28:47.720 --> 01:28:51.560]  But unless it's a really complex case, that's generally not a problem.
[01:28:54.040 --> 01:28:59.320]  Ralph, on Linux, you might look at LibreOffice. I don't know if you've got that, but there's a
[01:28:59.320 --> 01:29:09.000]  component of that that's called Draw, and it will edit PDFs. There's also a tool called Ocular OKULAR,
[01:29:09.000 --> 01:29:16.600]  and that's a Linux tool you can use for PDF editing in Linux. Worth trying.
[01:29:18.520 --> 01:29:22.440]  Okay. I can't catch all that, but I'll go back and listen to the recording.
[01:29:22.440 --> 01:29:26.520]  You said that first one was Draw. Yeah, LibreOffice, Draw.
[01:29:26.520 --> 01:29:34.520]  Okay. I got LibreOffice, and I'll look for the Draw on it. But I really am pretty close to computer
[01:29:34.520 --> 01:29:42.840]  illiterate. I took a class years ago on computers, and it was a total flop, and I just never went
[01:29:42.840 --> 01:29:50.280]  back and tried to take another one, and turning them on was pretty slow. Okay. Hang on. We're
[01:29:50.280 --> 01:29:57.640]  about to fall off the cliff again. This is Randy Kelton, Brett Fountain rule on radio. We'll be right back.
[01:30:02.920 --> 01:30:07.960]  Since 9-11, our government has used invasive measures like warrantless phone taps to keep
[01:30:07.960 --> 01:30:12.440]  us safe from terrorists, but too much government surveillance could actually put us at greater
[01:30:12.440 --> 01:30:17.320]  risk. I'm Dr. Katherine Albrecht, and I'll be back with the unsettling truth in just a moment.
[01:30:17.320 --> 01:30:23.640]  Privacy is under attack. When you give up data about yourself, you'll never get it back again,
[01:30:23.640 --> 01:30:28.440]  and once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.440 --> 01:30:34.600]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:30:34.600 --> 01:30:39.800]  it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[01:30:39.800 --> 01:30:47.400]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage. Our
[01:30:47.400 --> 01:30:52.840]  greatest threat isn't terrorists, it's government. According to political science professor RJ Rommel,
[01:30:52.840 --> 01:30:56.920]  20th century governments murdered nearly 300 million of their own citizens,
[01:30:56.920 --> 01:31:01.640]  six times more than all the centuries wars combined, and governments that kill have one
[01:31:01.640 --> 01:31:06.680]  thing in common, too much power. Surveillance is government power, and historically governments
[01:31:06.680 --> 01:31:10.920]  have used surveillance to protect themselves rather than citizens. If you think such abuse
[01:31:10.920 --> 01:31:15.640]  couldn't happen in the U.S., just look back to Watergate. Join me in opposing the Patriot Act,
[01:31:15.640 --> 01:31:19.720]  and let's return to the best protection, a federal government with limited powers in
[01:31:19.720 --> 01:31:24.920]  accordance with the U.S. Constitution. I'm Dr. Katherine Albrecht, more news and information
[01:31:24.920 --> 01:31:35.320]  at KatherineAlbrecht.com. This is Building 7, a 47-story skyscraper that fell on the afternoon
[01:31:35.320 --> 01:31:40.440]  of September 11. The government says that fire brought it down. However, 1,500 architects and
[01:31:40.440 --> 01:31:45.560]  engineers concluded it was a controlled demolition. Over 6,000 of my fellow service members have given
[01:31:45.560 --> 01:31:50.440]  their lives. Thousands of my fellow force responders have died. I'm not a conspiracy theorist. I'm a
[01:31:50.440 --> 01:31:54.520]  structural engineer. I'm a New York City correction officer. I'm an Air Force pilot. I'm a father who
[01:31:54.520 --> 01:32:00.600]  lost his son. We are Americans, and we deserve the truth. Go to RememberBuilding7.org today.
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[01:33:27.000 --> 01:33:56.120]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:33:56.120 --> 01:34:03.480]  and we're talking to Ralph in Texas. Okay, Ralph, I've lost where we were at when we went out.
[01:34:05.080 --> 01:34:11.080]  Brett, where were we? I think you...
[01:34:12.520 --> 01:34:17.800]  We were finished with e-filing, and I was fixing to get back to what I need help with.
[01:34:17.800 --> 01:34:29.560]  Okay. You need a window on to my situation where you can see me calling the FBI. I want to talk to
[01:34:29.560 --> 01:34:36.120]  the FBI again. Not really, but if it'll do something bad to them, I'd like to talk to them.
[01:34:36.120 --> 01:34:41.720]  The court clerk is clearly being biased when she says that it doesn't matter when the
[01:34:41.720 --> 01:34:48.040]  mail got to me, I'm allowed three days, that's it. And she's looking at the papers that the
[01:34:48.040 --> 01:34:54.440]  defendants are filing, and clearly they're not in line with what must and shall be done,
[01:34:54.440 --> 01:35:02.440]  and she says, I don't see any problem. So, I've had two defendants file their briefs,
[01:35:02.440 --> 01:35:13.080]  and I've had two that got 30-day extensions. Yesterday, I got some mail from Justice of the
[01:35:13.080 --> 01:35:19.560]  Peace, and it doesn't say there's a bench warrant out for me, but I'm pretty sure there is. So,
[01:35:19.560 --> 01:35:26.920]  I'm thinking, hmm, are they getting these extensions in hopes that I'll get picked up on this warrant,
[01:35:26.920 --> 01:35:37.160]  and then I won't be able to file a reply to their response to my brief. I do have a pretty good
[01:35:37.160 --> 01:35:47.400]  imagination, by the way. It's good to have a good imagination. Right. If we stay in front of these
[01:35:47.400 --> 01:35:56.440]  guys, because they're scoundrels, if you want to file a complaint, are you familiar with 28 USC
[01:35:56.440 --> 01:36:08.680]  535? No, I'm not. Write that down. This is a little obscure little law that appears to be
[01:36:08.680 --> 01:36:16.440]  a whistleblower statute, because what it says is that if you're a federal official and you have
[01:36:16.440 --> 01:36:23.160]  knowledge that another federal official has violated a law, it doesn't say a law related to
[01:36:23.160 --> 01:36:32.280]  their office. It says a law. You are not to report that to your chain of command. You are to report
[01:36:32.280 --> 01:36:40.120]  that to the Attorney General in Washington, D.C. So, it sounds like a whistleblower statute where
[01:36:40.120 --> 01:36:46.760]  you bypass all the people that would retaliate against you and go straight to the Attorney General.
[01:36:46.760 --> 01:36:58.760]  So, when you make a complaint to the FBI, always make that complaint to the special
[01:36:58.760 --> 01:37:05.800]  agent in charge. If you call down to the FBI, you get somebody who won't identify themselves.
[01:37:07.240 --> 01:37:14.760]  They're playing secret police now. The only name you can get is a special agent in charge. So,
[01:37:14.760 --> 01:37:25.720]  file with him and then you wait a couple of weeks and then you put in a FOIA to the Attorney General
[01:37:26.680 --> 01:37:34.360]  asking for a copy of the notice that the special agent in charge sent to the Attorney General,
[01:37:34.360 --> 01:37:45.480]  which there's not going to be one. Then you get to file against the special agent in charge
[01:37:46.520 --> 01:37:54.040]  with the U.S. Attorney who will ignore it. And then you file against the U.S. Attorney
[01:37:54.840 --> 01:37:59.960]  with the grand jury for shielding your complaint from the grand jury.
[01:37:59.960 --> 01:38:06.360]  If you use the standard cover letter when you don't get the cover letter back,
[01:38:07.400 --> 01:38:11.800]  then you file against the U.S. Attorney with the Attorney General in D.C. You'll have
[01:38:12.520 --> 01:38:18.680]  everybody upset at this clerk, whoever starts the fight.
[01:38:21.320 --> 01:38:26.600]  Okay, sounds good. Lots of work. I'm going to be going out and buying coffee
[01:38:26.600 --> 01:38:33.080]  got a five-pound bag for a while. These two attorneys that are doing this,
[01:38:33.800 --> 01:38:38.440]  they're using their law firm. They're not working on those cases that they're using
[01:38:38.440 --> 01:38:42.920]  to get the extension. So, I'm looking at that that's brought upon the court, right?
[01:38:45.400 --> 01:38:52.680]  Okay, I'm not sure how. If they're using a lawyer that's not involved in the case, it's not
[01:38:52.680 --> 01:38:59.320]  signed on to the case to get the extension. Then I would say they failed to speak with
[01:38:59.320 --> 01:39:04.280]  candor to the court. It's not exactly broad. Well, what I'm going to say in this,
[01:39:05.080 --> 01:39:12.440]  they're saying, I am busy in this case. And then they list the case name and the case number.
[01:39:12.440 --> 01:39:17.640]  So, I got on the Internet and I had to make some phone calls and I found that exactly
[01:39:17.640 --> 01:39:24.200]  who the attorneys are on the case. And that attorney is not on that case. He's not
[01:39:26.520 --> 01:39:30.760]  a attorney of record on that case. So, how can he be using the case he's not an attorney?
[01:39:30.760 --> 01:39:35.640]  And he's saying, I'm working on this case. Definitely should grieve him for it.
[01:39:36.760 --> 01:39:43.640]  Oh, yes. I've got several grievances, but I've got several. Yeah, I've got my things.
[01:39:43.640 --> 01:39:49.000]  If the judge gives them the
[01:39:50.920 --> 01:39:57.240]  continuance, you might consider sending a notice of tort to the lawyer.
[01:40:01.080 --> 01:40:08.520]  If you send him a notice of tort, a notice of intent to sue, you notice the lawyer of how
[01:40:08.520 --> 01:40:16.040]  much this costs you because of this unreasonable delay. Make me hold or be sued.
[01:40:17.800 --> 01:40:22.760]  You know, he's going to get that. I don't care about this. However,
[01:40:24.040 --> 01:40:31.240]  he must give that notice to his insurance carrier that he received it. It's just as
[01:40:31.240 --> 01:40:39.400]  bad as a, if not worse than a bargain. He's going to claim you can't sue him
[01:40:39.400 --> 01:40:44.040]  and do all that little song and dance. And he's not going to say a word about
[01:40:44.040 --> 01:40:48.680]  how bad he got stung with his malpractice insurance because of that.
[01:40:48.680 --> 01:41:03.080]  I do a search for effect, see, attorneys notice insurance carriers.
[01:41:04.920 --> 01:41:11.800]  I'm trying to remember exactly how I got that. I did a search on that and got this
[01:41:11.800 --> 01:41:21.320]  document from the insurance companies. And what it essentially said was if anything occurs
[01:41:21.320 --> 01:41:28.760]  that where the lawyer could possibly be sued, they must give notice to their insurance carrier
[01:41:29.320 --> 01:41:34.600]  if they don't and they're subsequently sued, they're not covered.
[01:41:36.360 --> 01:41:40.840]  So he's basically gambling. If he throws that out and says he won't do it,
[01:41:40.840 --> 01:41:46.920]  he's gambling with his malpractice insurer. Exactly.
[01:41:48.600 --> 01:41:50.680]  So you have to make it look like you mean business.
[01:41:52.040 --> 01:41:59.480]  Yeah. In a tort letter, you have harmed me by this improper action. Make me holy or be sued.
[01:41:59.480 --> 01:42:07.000]  He cannot pretend that is not clear notice. Well, I have another idea about that.
[01:42:07.000 --> 01:42:12.280]  You've looked up these other lawyers, these other attorneys that are attorneys of record
[01:42:12.280 --> 01:42:16.280]  on those other cases. You could bargree them for participating in his lie.
[01:42:19.480 --> 01:42:20.680]  Then they'll get all over him.
[01:42:26.280 --> 01:42:28.200]  That goes under divide and conquer.
[01:42:29.640 --> 01:42:35.480]  Well, that's what I did today. I sent the attorneys. I said, hey, you're using cases that
[01:42:35.480 --> 01:42:49.400]  you're not in. I said, that's abuse of that was unjust advantage. I can't even remember what
[01:42:49.400 --> 01:42:57.880]  I did. But now, the last thing I did today was I emailed the other attorneys and said,
[01:42:57.880 --> 01:43:03.000]  are you going to oppose my motion for reconsideration because these attorneys are doing this and
[01:43:03.000 --> 01:43:07.880]  this and I'm trying to stir them up and get them against each other. But now I've got two out
[01:43:07.880 --> 01:43:12.520]  of four that are doing it. So I don't think the second one knows that I'm on to him yet.
[01:43:13.480 --> 01:43:16.920]  What is my tort? I mean, I sometimes have a hard time realizing.
[01:43:16.920 --> 01:43:24.680]  Well, you have a right to do course of law and you're attempting to adjudicate this case.
[01:43:24.680 --> 01:43:30.040]  And they're denying you your remedy by these unreasonable, not necessarily
[01:43:30.040 --> 01:43:36.920]  continually continuances. Delay. Yes. And so what would be my money damage?
[01:43:38.360 --> 01:43:40.840]  Make it up. Okay.
[01:43:42.200 --> 01:43:49.560]  Look, the best thing to do is see if you can find a case for damage by delay.
[01:43:50.200 --> 01:43:56.280]  Look up delay for delay's sake. And that should get you to torts. Hang on. Back to go to break.
[01:43:56.280 --> 01:44:04.360]  We'll be right back. I said through advances in technology, our lives have greatly improved,
[01:44:04.360 --> 01:44:09.320]  except in the area of nutrition. People feed their pets better than they feed themselves.
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[01:46:25.560 --> 01:46:48.200]  Okay, we are back. Randy Kelton, Brett Fountain, LulevLaw Radio, and we're talking to Ralph
[01:46:48.200 --> 01:46:57.480]  in Texas. And Ralph, we spent the whole break trying to figure out where I was when I went out.
[01:47:01.640 --> 01:47:05.320]  I have a right to adjudicate my case. Look up Delay for Delay State.
[01:47:06.200 --> 01:47:14.440]  Yes, Delay for Delay State. Yes, that should get you a hit on cases that go to this issue.
[01:47:14.440 --> 01:47:18.440]  And these guys are not going to see this coming. This is why they hate pro ses.
[01:47:20.280 --> 01:47:24.440]  Lawyers would never do this to each other because lawyers love Delay. It's good for them.
[01:47:26.520 --> 01:47:31.160]  The longer it takes, the more they can build a client. So they're not used to somebody coming
[01:47:31.160 --> 01:47:37.880]  back after them. Well, and there's a rule for that in Texas. We have a rule that says if they are
[01:47:37.880 --> 01:47:45.400]  doing wasteful procedures so that they can bill for it, then that's a violation of the Texas bar
[01:47:45.400 --> 01:47:51.320]  rules. So they can be disciplined for that. That's a reason to get bar grieved. Yes, and that's called
[01:47:51.320 --> 01:48:01.240]  churning the case. Well, that's got to be what they're doing. I mean, they had 30 days to do
[01:48:01.240 --> 01:48:06.520]  their appeal. They're asking for 30 more days. And there's multiple reasons for it. But I would
[01:48:06.520 --> 01:48:11.960]  like to see that the bill that they give their client, it's going to be spread out over 60 days.
[01:48:13.400 --> 01:48:16.680]  You know, I mean, that's a good thing you can request. You can pop a
[01:48:16.680 --> 01:48:23.400]  record request in there to the department head and ask them to see the invoices to the attorneys.
[01:48:23.400 --> 01:48:41.080]  Who is he? Okay, you're going against a jurisdiction. So, yes. Finances is always open records.
[01:48:42.200 --> 01:48:43.880]  I'm not going against a jurisdiction.
[01:48:44.920 --> 01:48:48.120]  Well, you're going against a, what are you appealing?
[01:48:48.120 --> 01:48:55.400]  I'm appealing the civil case that this is Sue and them and their individual personal
[01:48:55.400 --> 01:49:00.920]  capacity, not as public servants. Yeah, but they're working as public servants.
[01:49:01.960 --> 01:49:10.920]  Oh, okay. So, are these guys, are they being represented by a council that's paid for by
[01:49:11.800 --> 01:49:16.360]  a jurisdiction? Or are they hired? Do they hire their own lawyers?
[01:49:16.360 --> 01:49:24.440]  You know, the docket says, has the attorney's name and says retain, retain, retain, except for one.
[01:49:25.800 --> 01:49:30.200]  The two DPS officer are being represented by the Texas Attorney General.
[01:49:31.320 --> 01:49:40.280]  That one you can ask for all of the cost accounting. If someone's hired their own lawyers,
[01:49:40.280 --> 01:49:46.600]  you can ask for it, that's private. But you can look at rule in the, as for bar grieve,
[01:49:46.600 --> 01:49:53.160]  that's reasons you can bar grieve them and use rule 1.04 and look at subsection A
[01:49:54.360 --> 01:49:58.200]  and look at the little comment paragraph number six under there.
[01:49:59.640 --> 01:50:04.920]  It says on A, it says that a lawyer shall not enter into an arrangement for charge
[01:50:04.920 --> 01:50:14.520]  or collect an illegal fee or an uncontainable fee. And the comment paragraph number six there
[01:50:16.520 --> 01:50:20.680]  spreads it out a little bit for us and says that the lawyer should not handle a matter
[01:50:20.680 --> 01:50:24.920]  so as to further the lawyer's financial interests to the detriment of the client
[01:50:26.200 --> 01:50:31.640]  and should not abuse a fee arrangement based primarily on hourly charges by using wasteful
[01:50:31.640 --> 01:50:41.560]  procedures. Turning the case. Turning the case. That give you some ideas Ralph? Yeah,
[01:50:41.560 --> 01:50:46.200]  I thought I had another question related to this that popped in my head a minute ago and it popped
[01:50:46.200 --> 01:50:55.640]  out of my head about a second ago. So I think. Okay, well my mom is 97 and she says that is not
[01:50:55.640 --> 01:51:05.400]  going to get better. Okay, Ralph. Do you have anything else for us? I'd just like to say that
[01:51:06.440 --> 01:51:12.200]  enjoy it. You guys got some good information and I really appreciate Brett being on with you. He's
[01:51:12.200 --> 01:51:23.880]  really, really knows his stuff. Okay. Okay. You think that's funny, huh? Okay. Well,
[01:51:23.880 --> 01:51:31.080]  you guys have a good evening. Appreciate the help. Okay. Okay. Thanks. Thank you, Ralph. Okay. Now
[01:51:31.080 --> 01:51:44.040]  we're going to go to Don. Don trustee. Don is the host of Agenda 21 on the Logos radio network
[01:51:44.040 --> 01:51:53.400]  and Don, somehow you got muted. Okay. Don's having an issue in Alabama.
[01:51:56.040 --> 01:52:01.800]  Okay. Yeah. Go ahead. What did you want to address today?
[01:52:03.560 --> 01:52:09.960]  That was in a writ of habeas. It got me out and they've dismissed the writ of habeas since I'm
[01:52:09.960 --> 01:52:19.080]  out, but there never was a return filed and I'm still not at liberty because I have to go back
[01:52:19.080 --> 01:52:27.640]  as a court date. So what can we do to either reinstate the writ or just cause them some more
[01:52:27.640 --> 01:52:34.360]  trouble? Okay. You have a court date coming. You can file a notice of intent to appeal
[01:52:34.360 --> 01:52:44.280]  and a motion for an abatement of all proceedings in the trial court.
[01:52:46.360 --> 01:52:56.600]  However, Don was in jail for 11 months because he filed a federal lawsuit against two police
[01:52:56.600 --> 01:53:06.120]  officers and the police officers, somebody talked them into filing criminal charges against Don
[01:53:07.400 --> 01:53:15.560]  because he filed a federal lawsuit against the officers. Brett, how does that strike you?
[01:53:16.680 --> 01:53:21.480]  Well, it sounds to me like tampering with a witness. It sounds like they committed the
[01:53:21.480 --> 01:53:25.800]  crime of tampering with a witness and it sounds like they committed the crime of obstruction
[01:53:25.800 --> 01:53:33.080]  and retaliation. And held him in months? Totally. You were in one place 11 months and another place
[01:53:33.080 --> 01:53:42.440]  of four months. Isn't that correct, Don? Well, 10 months and one month. Okay. So 11 months total
[01:53:43.400 --> 01:53:53.320]  and Travisant was how much, Brett? $1,600 a minute? That was a little over $1,000. It was $25,000
[01:53:53.320 --> 01:54:03.400]  for 23 minutes. Okay. So let's say $1,000 a minute. How many minutes in 11 months?
[01:54:05.240 --> 01:54:15.400]  Quite a few. So that's the claim. This is so incredibly outrageous.
[01:54:15.400 --> 01:54:18.360]  But after he comes to that calculation, doesn't he want to triple it?
[01:54:18.360 --> 01:54:27.560]  Yes. You got a point there. That's down the road a bit, though.
[01:54:28.280 --> 01:54:34.200]  Yeah. First, yeah, that's down the road. We're not done tying them up in the criminal side.
[01:54:36.920 --> 01:54:40.920]  You need, okay, the habeas was filed in the state court?
[01:54:40.920 --> 01:54:49.480]  Yes. And they originally filed it in the court I was in. And when they didn't do anything,
[01:54:49.480 --> 01:54:54.280]  they filed it in the court of criminal appeals. And then the court I was in, I started dancing
[01:54:54.280 --> 01:54:59.480]  around. They went ahead and filed it and gave me a substantial hardship so I didn't have to pay money
[01:54:59.480 --> 01:55:06.440]  because they were requiring money, which they're not supposed to do. And so they just recently
[01:55:06.440 --> 01:55:12.680]  got noticed that they dismissed it. But I want to keep it going. Yes. So we filed a motion for
[01:55:13.240 --> 01:55:20.440]  findings, effect, and conclusions at law first with whatever court that dismissed it.
[01:55:21.560 --> 01:55:28.360]  And that stops the appeal clock. And at the same time, you filed a motion in abatement
[01:55:28.360 --> 01:55:38.280]  and asked for an order abating all proceedings in the trial court until the appeal on the habeas
[01:55:38.280 --> 01:55:47.560]  has had. That stops everything in its tracks. What grounds on the finding of facts? What
[01:55:47.560 --> 01:55:56.520]  effects am I trying to get the judge to come up with? Okay. We talked earlier on the show
[01:55:56.520 --> 01:56:07.720]  about Walker v. Packer. Did you hear that discussion? Yep. Yeah. Okay. The judge has no discretion
[01:56:08.440 --> 01:56:17.800]  in properly applying the law to the facts. We want to know what facts were before the court
[01:56:17.800 --> 01:56:27.240]  and what law did the court apply to those facts? You don't know how what to appeal because you
[01:56:27.240 --> 01:56:35.160]  don't know what the ruling was. You only know that the result of the ruling was a dismissal.
[01:56:36.360 --> 01:56:44.920]  The actual ruling was the application of the law to the facts. So I asked the judge for it.
[01:56:44.920 --> 01:56:49.160]  And when the judge doesn't give it to you, you need to look at Alabama law.
[01:56:51.720 --> 01:56:58.600]  In Texas law, it says the judge shall provide findings of facts and conclusions at law within
[01:56:58.600 --> 01:57:06.360]  20 days. And it goes on to say if he doesn't provide it within 20 days, then you can file a
[01:57:06.360 --> 01:57:17.320]  late filing notice, which gives him another 10 days. And we did that in Texas. But at the
[01:57:17.320 --> 01:57:24.600]  same time, we filed criminal charges against him because the law said he shall do this within 20
[01:57:24.600 --> 01:57:32.120]  days. Did not say he may, might, or can if he wants to. Now, the courts have pretty well ruled
[01:57:32.120 --> 01:57:39.080]  that they may, may, might, or can if he wants to. And we don't care about that. We care that the law
[01:57:39.080 --> 01:57:46.120]  said he shall. So we need to look at Alabama law on findings of facts and conclusions at law.
[01:57:48.760 --> 01:57:55.560]  If the law says the judge shall, then we file criminal charges against him.
[01:57:55.560 --> 01:58:03.000]  And since the state of Alabama doesn't have an official misconduct statute,
[01:58:03.000 --> 01:58:08.200]  then you file in the Fed for denying you a due process.
[01:58:11.080 --> 01:58:21.720]  18 U.S. go 2.2. So we file against the judge and at each step you, you, you up the stakes on
[01:58:21.720 --> 01:58:26.440]  them. They know that you're in a position to where you're going to hammer them.
[01:58:28.360 --> 01:58:33.800]  And they're going to try to keep you from hammering them. So while they're feeling like a male.
[01:58:34.600 --> 01:58:41.080]  Exactly. And what we're going to try to do is make your hammer bigger at every step.
[01:58:42.600 --> 01:58:48.920]  We ask them to do something the law commands them to do. And when they refuse, then
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[01:59:47.720 --> 02:00:07.480]  That's freestudybible.com. You are listening to the Logos Radio Network. LogosRadioNetwork.com.