[00:00.000 --> 00:05.680] The Bill of Rights contains the first ten amendments of our Constitution. [00:05.680 --> 00:09.360] They guarantee the specific freedoms Americans should know and protect. [00:09.360 --> 00:10.840] Our liberty depends on it. [00:10.840 --> 00:14.760] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [00:14.760 --> 00:16.880] your First Amendment rights. [00:16.880 --> 00:18.460] Privacy is under attack. [00:18.460 --> 00:22.060] When you give up data about yourself, you'll never get it back again. [00:22.060 --> 00:26.840] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:26.840 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself. [00:32.000 --> 00:33.000] Privacy. [00:33.000 --> 00:34.600] It's worth hanging on to. [00:34.600 --> 00:38.880] This public service announcement is brought to you by Startpage.com, the private search [00:38.880 --> 00:42.440] engine alternative to Google, Yahoo, and Bing. [00:42.440 --> 00:44.880] Start over with Startpage. [00:44.880 --> 00:46.480] Spar. [00:46.480 --> 00:47.720] It's what fighters do. [00:47.720 --> 00:51.160] It's also how I remember the five guarantees of the First Amendment. [00:51.160 --> 00:54.400] If you plan to take away my rights, I'm going to spar with you. [00:54.400 --> 00:56.480] S-P-A-R with an extra P. [00:56.480 --> 01:03.000] S for speech, P for press, another P for petition, A for assembly, and R for religion. [01:03.000 --> 01:06.920] Most Americans are familiar with the First Amendment guarantees of free speech, press, [01:06.920 --> 01:10.800] assembly, and religion, but petition for redress is another matter. [01:10.800 --> 01:14.520] We have the right to petition the government for a redress of grievances. [01:14.520 --> 01:18.040] It means that if we're unhappy with what's going on in our government, we can spell out [01:18.040 --> 01:20.640] the reasons without fear of being thrown into jail. [01:20.640 --> 01:22.640] I'm Dr. Catherine Albrecht. [01:22.640 --> 01:31.040] More news and information at CatherineAlbrecht.com. [01:31.040 --> 01:34.720] The Bill of Rights contains the first 10 amendments of our Constitution. [01:34.720 --> 01:38.160] They guarantee the specific freedoms Americans should know and protect. [01:38.160 --> 01:39.680] Our liberty depends on it. [01:39.680 --> 01:43.540] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [01:43.540 --> 01:46.680] one of your constitutional rights. [01:46.680 --> 01:48.280] Privacy is under attack. [01:48.280 --> 01:51.880] When you give up data about yourself, you'll never get it back again. [01:51.880 --> 01:56.640] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:56.640 --> 02:01.680] So protect your rights, say no to surveillance, and keep your information to yourself. [02:01.680 --> 02:04.400] Privacy, it's worth hanging on to. [02:04.400 --> 02:08.680] This public service announcement is brought to you by StartPage.com, the private search [02:08.680 --> 02:12.240] engine alternative to Google, Yahoo, and Bing. [02:12.240 --> 02:14.320] Start over with StartPage. [02:14.320 --> 02:20.160] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill [02:20.160 --> 02:22.240] of Rights in a big old bear hug. [02:22.240 --> 02:26.720] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms [02:26.720 --> 02:30.600] that embrace our freedoms and won't let anyone take them away without a fight. [02:30.600 --> 02:31.600] Get it? [02:31.600 --> 02:32.600] Two arms? [02:32.600 --> 02:33.600] Bear hug? [02:33.600 --> 02:34.600] Bear arms? [02:34.600 --> 02:37.480] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well [02:37.480 --> 02:38.720] when he said, [02:38.720 --> 02:43.660] The right of the citizens to bear arms is just one guarantee against arbitrary government, [02:43.660 --> 02:48.760] one more safeguard against the tyranny, which now appears remote in America, but which historically [02:48.760 --> 02:50.520] has proved to always be possible. [02:50.520 --> 02:52.400] I'm Dr. Catherine Albrecht. [02:52.400 --> 03:21.240] More news and information at CatherineAlbrecht.com. [03:53.400 --> 04:11.800] the right of the citizens to bear arms is just one guarantee against arbitrary government, [04:11.800 --> 04:19.720] one more safeguard against the tyranny, which now appears remote in America, but which [04:19.720 --> 04:23.920] er of the citizens to bear arms is just one guarantee against arbitrary government, one [04:23.920 --> 04:27.720] more safeguard against the tyranny, which now appears remote in America, but which now [04:27.720 --> 04:28.720] appears remote in America. [04:58.720 --> 05:06.560] Oh, this is so bad. [05:06.560 --> 05:11.920] Brett brought us in and he didn't tell me what the date or the day was. [05:11.920 --> 05:19.000] When you're old and decrepit like me, right, Brett? [05:19.000 --> 05:21.040] This is funny. [05:21.040 --> 05:25.240] 21st of April, 2023. [05:25.240 --> 05:26.240] That's better. [05:26.240 --> 05:27.240] Now I got it. [05:27.240 --> 05:31.200] Now I won't ever forget it until the next break. [05:31.200 --> 05:36.560] This is Randy Kelton, Brett Fountain on our four hour info marathon. [05:36.560 --> 05:37.560] Thank you all for listening. [05:37.560 --> 05:44.040] We're going to start out with Brett's got a little something going on with his case. [05:44.040 --> 05:49.680] You address that and then I'll talk about the guy in jail in Henderson County. [05:49.680 --> 05:50.680] Sure. [05:50.680 --> 05:55.400] Well, it's not any final good news yet, but I'm encouraged. [05:55.400 --> 06:01.920] I'll tell you what, Randy, this speeding ticket thing has turned out to be, my goodness, [06:01.920 --> 06:05.620] one of the biggest fights of all. [06:05.620 --> 06:13.860] Sometimes I see you do a challenge to jurisdiction and you move to dismiss for lack of jurisdiction. [06:13.860 --> 06:16.860] Sometimes they give a little bit more fight than others. [06:16.860 --> 06:18.840] Sometimes they dismiss right away. [06:18.840 --> 06:23.200] Sometimes I've had prosecutors tell me that they know I'm right and they're glad I'm [06:23.200 --> 06:27.520] fighting for this and they've dismissed, they dropped the charges because of that. [06:27.520 --> 06:32.120] But this particular one, oh my goodness, they've been fighting so much. [06:32.120 --> 06:38.620] And I just, I filed us for a writ of certiorari. [06:38.620 --> 06:46.920] That is when the justice court is supposed to be told by the county court to produce [06:46.920 --> 06:53.220] their records because they lacked jurisdiction in the first place. [06:53.220 --> 06:57.560] So that's a very special kind of appeal. [06:57.560 --> 07:03.880] It's not your normal appeal that you say, hey, during the proceedings of the trial court, [07:03.880 --> 07:07.840] there was this judicial error and that judicial error. [07:07.840 --> 07:12.680] It's a special kind of appeal that goes all the way to the beginning and deals with the [07:12.680 --> 07:19.040] issue of the lack of jurisdiction, which is perfectly appropriate in this case. [07:19.040 --> 07:27.180] So I applied for the writ of certiorari and it landed on the desk of a county judge who [07:27.180 --> 07:31.940] immediately recused himself because, well, I had already reported him for his crimes, [07:31.940 --> 07:36.640] so he didn't want to have anything to do with me. [07:36.640 --> 07:43.400] So another judge stepped in and this is a retired senior judge. [07:43.400 --> 07:52.740] And he told me on Monday that he was inclined to deny my application for writ of certiorari. [07:52.740 --> 07:59.040] And this is, even though I was telling him, well, your honor, you have actually no discretion [07:59.040 --> 08:00.600] to deny this. [08:00.600 --> 08:07.080] This specifically says in the rule that the application must be granted. [08:07.080 --> 08:13.880] So there's no judicial discretion to be taken here. [08:13.880 --> 08:16.000] It's only a ministerial duty. [08:16.000 --> 08:20.240] This court must issue the writ to the lower court. [08:20.240 --> 08:27.840] So he was friendly and cordial about it, but he was not going to go along with that. [08:27.840 --> 08:33.880] He was telling me as we were having that hearing on Monday, he said, I'm inclined to deny [08:33.880 --> 08:38.400] the writ, but I will give you a few more days if you want to send me any more information [08:38.400 --> 08:40.300] you have. [08:40.300 --> 08:41.300] So I did. [08:41.300 --> 08:52.560] I sent him a lot of points, 15 points that were reasons why he should grant the writ [08:52.560 --> 08:56.040] in addition to the fact that the rule says so. [08:56.040 --> 09:01.360] And then I said, I'm traveling, I'm going to follow this up. [09:01.360 --> 09:03.480] When I get home, I'm going to go look at my law books. [09:03.480 --> 09:08.000] I only have paper law books, none of these expensive, fancy lawyer tools. [09:08.000 --> 09:11.160] So I'm going to have to wait until I get home. [09:11.160 --> 09:12.160] That was a Saturday. [09:12.160 --> 09:13.320] I sent it on Saturday. [09:13.320 --> 09:22.120] And then Monday, this Monday, one week after the hearing, I sent him another document that [09:22.120 --> 09:32.160] had basically the same points, but all in the language of Texas jurisprudence and with [09:32.160 --> 09:35.520] tons of case law. [09:35.520 --> 09:42.840] It said the same thing as my Saturday document, but it was in the language of the judges from [09:42.840 --> 09:45.480] the words that they had uttered. [09:45.480 --> 09:47.880] In the form of a brief. [09:47.880 --> 09:48.880] Yes. [09:48.880 --> 10:01.080] Next day, Randy, the next day, this judge signed an order commanding the lower court [10:01.080 --> 10:03.160] to produce all of their documents and papers. [10:03.160 --> 10:10.200] He says, if no jurisdiction vested, then the judgment, he's putting judgment in quotes [10:10.200 --> 10:11.200] now. [10:11.200 --> 10:22.460] Then the judgment is void and the, um, the trial court needs to set aside all the findings [10:22.460 --> 10:24.840] and let me, let me read it. [10:24.840 --> 10:29.000] I can't quite remember how I said it. [10:29.000 --> 10:35.080] He said, uh, it sounds like you want it. [10:35.080 --> 10:39.120] It sounds like that, that the dam is breaking is how it feels to me. [10:39.120 --> 10:47.360] Uh, any valid judgment below, uh, would now be final and no appeal may be made. [10:47.360 --> 10:53.240] Uh, if there is, if there was no jurisdiction below, the judgment is void and applicant [10:53.240 --> 10:57.060] is entitled to relief voiding the quote conviction. [10:57.060 --> 11:05.920] He put it in quotes, conviction is in quotes and he ordered them to produce various things, [11:05.920 --> 11:10.800] including, uh, pleadings, if any before quote trial. [11:10.800 --> 11:18.120] And again, he put trial in quotes cause he's, he's hinting to everybody that, Hey, none [11:18.120 --> 11:21.240] of this should have ever happened in the first place. [11:21.240 --> 11:26.040] And he says double jeopardy forecloses any new prosecution for the traffic violation. [11:26.040 --> 11:33.960] He said, let's make this go away and go back to business. [11:33.960 --> 11:34.960] That's what it looks like. [11:34.960 --> 11:40.560] So I'm encouraged because, well, he had to issue it anyway, especially if he saw me digging [11:40.560 --> 11:47.320] up all of this out of Texas jurisprudence, he knows that, uh, he, you're not going to [11:47.320 --> 11:51.920] go away exactly and being a good guy is not going to satisfy me. [11:51.920 --> 11:54.640] He's going to have to follow the law and he realizes it. [11:54.640 --> 12:01.720] So I think he's boxed in and I really appreciate this interim order, even though it's not exactly [12:01.720 --> 12:03.600] final for another six days. [12:03.600 --> 12:05.680] I appreciate it. [12:05.680 --> 12:10.160] That's especially in traffic. [12:10.160 --> 12:13.520] I know we have a lot of people that I think, well, this is just traffic. [12:13.520 --> 12:15.280] No, no, no, no. [12:15.280 --> 12:23.640] It's not just traffic of all the courts in the country. [12:23.640 --> 12:31.180] The traffic courts are absolutely by far and away the worst. [12:31.180 --> 12:34.220] They absolutely do not want to follow law. [12:34.220 --> 12:36.040] They want to do what they want to do. [12:36.040 --> 12:38.360] They want their life to be easy. [12:38.360 --> 12:44.720] They want you to come in and be meek and mild and pay your bill and go home and leave them [12:44.720 --> 12:47.360] alone. [12:47.360 --> 12:54.320] If you've been in a traffic court, you'll get the astute impression about the nature [12:54.320 --> 12:56.640] of the courts. [12:56.640 --> 13:01.320] The traffic courts seem to feel like the law simply doesn't apply to them. [13:01.320 --> 13:03.800] They can do anything they want to. [13:03.800 --> 13:12.120] As you move up in the courts, they pay much more attention to the rules and the law. [13:12.120 --> 13:19.400] And you should not be discouraged about taking issues on in higher courts because you've [13:19.400 --> 13:23.040] been through hell in a traffic court. [13:23.040 --> 13:29.960] And for Brett to beat him in the traffic court, this is incredible. [13:29.960 --> 13:31.760] This is kind of a cock-a-doodle-doo. [13:31.760 --> 13:35.080] Well, it's not over yet. [13:35.080 --> 13:41.560] What they would do after this writ happens is that it would be a de novo appeal. [13:41.560 --> 13:46.660] And so then they would hear the thing in the county court, de novo, except they can't have [13:46.660 --> 13:49.760] another trial because of double jeopardy. [13:49.760 --> 13:56.280] And he says in his ruling, he says, the court notes that the county judge recused himself [13:56.280 --> 14:03.600] herein and would not be in a position to consider any appeal if one had been made. [14:03.600 --> 14:09.680] Well, he's standing in the shoes of the county judge. [14:09.680 --> 14:16.960] He would be in that position, except he's probably claiming that he wasn't appointed [14:16.960 --> 14:20.880] for that purpose. [14:20.880 --> 14:27.200] That's what the judge tried to do in Victoria County when I asked the bailiff to arrest [14:27.200 --> 14:29.760] him a couple of times. [14:29.760 --> 14:31.760] He wanted help. [14:31.760 --> 14:37.720] Yeah, he was only appointed to hear my case. [14:37.720 --> 14:41.360] He wasn't appointed to hear the criminal complaints I was filing. [14:41.360 --> 14:44.280] And I said, well, you were appointed. [14:44.280 --> 14:52.280] Now you're sitting in the capacity of a judge, and every judge is also a magistrate. [14:52.280 --> 14:56.360] So this magistrate or duty is yours. [14:56.360 --> 15:03.720] But he refused to turn to the bailiff, Mr. Bailiff, did you hear that? [15:03.720 --> 15:06.880] Bailiff just stood there like a stone. [15:06.880 --> 15:10.200] Mr. Bailiff, you're standing mute. [15:10.200 --> 15:11.680] Do your job. [15:11.680 --> 15:21.640] Just that judge told him twice, and it was one of those you could hear pin drop moments. [15:21.640 --> 15:22.640] Oh, yeah. [15:22.640 --> 15:24.840] Not a sound in the courtroom. [15:24.840 --> 15:27.280] He didn't know what to say. [15:27.280 --> 15:32.280] And we're fixing to have some more of those and that you've won this one. [15:32.280 --> 15:33.920] This is wonderful. [15:33.920 --> 15:36.760] Well, I'm still not calling it a win yet. [15:36.760 --> 15:41.600] We'll see what happens with the rest of it, but they've been commanded to produce documents [15:41.600 --> 15:44.620] that they don't have and can't come up with. [15:44.620 --> 15:50.520] And the rule also requires them, listen to this, Randy, the rule requires a justice court, [15:50.520 --> 15:55.640] specifically speaking about a justice court, in case there's any confusion, commands the [15:55.640 --> 16:00.760] justice court to produce a transcript of the proceedings. [16:00.760 --> 16:01.760] Whoa. [16:01.760 --> 16:03.760] Wait a minute. [16:03.760 --> 16:04.760] Yeah. [16:04.760 --> 16:09.000] I did a little bit of digging. [16:09.000 --> 16:16.040] And I've been looking at courts of no record and wondering how this can be commanded of [16:16.040 --> 16:18.600] a JP court. [16:18.600 --> 16:23.120] How can the JP court now be a court of no record? [16:23.120 --> 16:32.640] Well, it turns out that criminal business, as they call it, is separate from these other [16:32.640 --> 16:33.640] kinds of business. [16:33.640 --> 16:39.880] The JP court can do things that don't require records to be kept, but criminal business [16:39.880 --> 16:43.080] is not one of them. [16:43.080 --> 16:44.080] How about that? [16:44.080 --> 16:45.080] Oh, my goodness. [16:45.080 --> 16:48.480] I need to talk to my son-in-law. [16:48.480 --> 16:49.480] What statute is this? [16:49.480 --> 16:55.600] Hold on, we'll pick this up on the other side, Randy Kelton, Brett Fountain and Lou LaRidio. [16:55.600 --> 17:04.640] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? 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[17:40.880 --> 17:46.400] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [17:46.400 --> 17:48.800] or email michaelmears at yahoo.com. [17:48.800 --> 17:58.840] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [17:58.840 --> 17:59.840] collectors now. [17:59.840 --> 18:04.440] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [18:04.440 --> 18:08.280] In today's America, we live in an us-against-them society, and if we, the people, are ever going [18:08.280 --> 18:12.240] to have a free society, then we're going to have to stand and defend our own rights. [18:12.240 --> 18:15.440] Among those rights are the right to travel freely from place to place, the right to act [18:15.440 --> 18:19.160] in our own private capacity, and most importantly, the right to due process of law. [18:19.160 --> 18:23.320] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [18:23.320 --> 18:24.680] our rights through due process. [18:24.680 --> 18:28.680] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [18:28.680 --> 18:32.440] most comprehensive teaching tool available that will help you understand what due process [18:32.440 --> 18:34.840] is and how to hold courts to the rule of law. [18:34.840 --> 18:38.840] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [18:38.840 --> 18:40.160] ordering your copy today. [18:40.160 --> 18:43.440] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [18:43.440 --> 18:47.960] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [18:47.960 --> 18:50.280] documents and other useful resource material. [18:50.280 --> 18:54.240] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [18:54.240 --> 19:09.160] Order your copy today, and together we can have the free society we all want and deserve. [19:09.160 --> 19:39.080] Thanks for watching, I hope you enjoyed this video, and I'll see you in the next one. [19:40.080 --> 19:50.280] Okay, we are back, Randy Kelton, Brett Fowlin, Rule of Law Radio, and we're talking to Brett, [19:50.280 --> 19:56.840] and it looks like Brett found something that's really going to jerk or not in the behinds [19:56.840 --> 20:03.000] of every municipal court in the state of Texas. [20:03.000 --> 20:13.200] AP courts anyway, probably municipal courts as well, and it is this, the courts are accustomed [20:13.200 --> 20:18.640] to thinking of themselves as, well, I'm a court of record or I'm a court of no record. [20:18.640 --> 20:26.600] And that goes to whether or not they have a court reporter and whether or not they are [20:26.600 --> 20:34.880] doing business that would impose a fine or what's the other one, imprisonment for contempt. [20:34.880 --> 20:39.760] If they're doing that kind of business, they need to be keeping a record of the proceedings. [20:39.760 --> 20:40.960] That's what I'm finding so far. [20:40.960 --> 20:45.320] I'll pull it all together and brief it out well, but boy, that's the yarn end I'm pulling [20:45.320 --> 20:47.880] on right now. [20:47.880 --> 21:01.400] So if in some instances they must have a transcript, then in all instances they must be capable [21:01.400 --> 21:03.440] of producing a transcript. [21:03.440 --> 21:09.840] Exactly, and that's almost the exact wording that I gave today when I'm coming up with [21:09.840 --> 21:10.840] all of this. [21:10.840 --> 21:16.920] And I wrote up a document for a judge and that's almost the exact wording. [21:16.920 --> 21:24.080] And I said, while courts of no record have no court reporter, and while not all proceedings [21:24.080 --> 21:29.840] of a justice court are criminal in nature, this justice court does have audiovisual recording [21:29.840 --> 21:33.460] equipment in the courtroom. [21:33.460 --> 21:40.520] The interim order should require the transcript of proceedings as the rule unequivocally states. [21:40.520 --> 21:45.520] No facts or law before this court show that any court may conduct a criminal business [21:45.520 --> 21:47.960] without keeping records. [21:47.960 --> 21:54.560] And the rule before this court does require a transcript of such recordings to be transmitted. [21:54.560 --> 22:02.440] Clearly, a court explicitly required in some instances to transcribe their recordings is [22:02.440 --> 22:05.240] implicitly required to have them. [22:05.240 --> 22:09.760] Okay, one more thing. [22:09.760 --> 22:19.000] This statute may not be interpreted in such a way so as to be in conflict with any, or [22:19.000 --> 22:25.800] this rule may not be interpreted in such a way as to be in conflict with any other statute [22:25.800 --> 22:31.280] or rule that would violate 311, the Code Construction Act. [22:31.280 --> 22:33.640] Code Construction, that's correct. [22:33.640 --> 22:41.600] And as far as I can see so far, any apparent conflict disappears when you realize that [22:41.600 --> 22:44.760] this is all about criminal and it's not about the whole court. [22:44.760 --> 22:50.920] So the court can do other things, just like a municipal court can hold proceedings and [22:50.920 --> 22:55.760] enforce things about grass police or something that has nothing to do with state offenses. [22:55.760 --> 22:57.840] They can do that, code enforcement. [22:57.840 --> 23:02.600] They can have their ordinances and do their proceedings and administrative stuff dealing [23:02.600 --> 23:06.800] with non-criminal offenses, no problem. [23:06.800 --> 23:07.800] That's normal. [23:07.800 --> 23:08.800] They're a corporation. [23:08.800 --> 23:10.440] They get to do that. [23:10.440 --> 23:16.320] But when they put on the other hat and they say, we're gonna handle crimes as the legislature [23:16.320 --> 23:23.240] has authorized us to handle crimes, then they better keep a record because it might need [23:23.240 --> 23:26.240] to be transcribed. [23:26.240 --> 23:33.320] Okay, I'm retaking my notes so I can read them. [23:33.320 --> 23:37.080] It is Texas Rules of Civil Procedure 506.4. [23:37.080 --> 23:38.080] Yes. [23:38.080 --> 23:43.080] I'm gonna have to get that memorized. [23:43.080 --> 23:52.480] Oh, this is gonna be glorious. [23:52.480 --> 23:54.720] I don't go looking for these things, Randy. [23:54.720 --> 23:59.520] I find nuggets like this when they're breathing down my neck, trying to do something that [23:59.520 --> 24:01.400] my gut says is wrong. [24:01.400 --> 24:02.400] And I go digging. [24:02.400 --> 24:03.400] And what do you know? [24:03.400 --> 24:06.920] I come up with something that the whole state's doing wrong. [24:06.920 --> 24:10.040] I'm not trying to find it. [24:10.040 --> 24:17.840] That's exactly, now you're in the same boat of myself and Eddie Craig. [24:17.840 --> 24:21.360] Eddie Craig is always finding first blush issues. [24:21.360 --> 24:25.680] And he's just reading the code. [24:25.680 --> 24:27.840] This is what the code says. [24:27.840 --> 24:34.920] The last one he threw at me was Article 5, Section 17. [24:34.920 --> 24:35.920] That's a good one. [24:35.920 --> 24:40.760] Yeah, and it says that there has to be an indictment for misdemeanors. [24:40.760 --> 24:43.760] Misdemeanors, mm-hm. [24:43.760 --> 24:52.240] Right there in the code is clear as day, and the district court is required to certify [24:52.240 --> 25:01.760] the indictment to the county or whatever court it goes to. [25:01.760 --> 25:10.200] And that is in paramateria with 17.31, which we seldom ever mention here. [25:10.200 --> 25:17.360] 17.30 tells the magistrate after an examining trial to seal all documents had in the hearing [25:17.360 --> 25:21.160] across his name to be written across the seal of the envelope and forwarded to the clerk [25:21.160 --> 25:24.040] of the court of jurisdiction. [25:24.040 --> 25:32.640] 17.31 says the clerk shall keep all these papers safe and deliver them up to the next [25:32.640 --> 25:33.640] grand jury. [25:33.640 --> 25:35.640] Grand jury, right. [25:35.640 --> 25:40.400] Now, how hard is that to understand? [25:40.400 --> 25:50.560] It's not convoluted legalese shall keep all these papers safe and deliver them up to the [25:50.560 --> 25:51.560] next grand jury. [25:51.560 --> 25:52.560] Yeah. [25:52.560 --> 25:58.080] And that is in paramateria with Article 5, Section 17. [25:58.080 --> 26:06.600] It also lines up so perfectly with the Code of Criminal Procedure 25.04, which says in [26:06.600 --> 26:13.240] misdemeanors, the clerk shall deliver a copy of the indictment or information to the accused [26:13.240 --> 26:19.520] or the accused's counsel at the earliest possible time before trial. [26:19.520 --> 26:20.800] That's misdemeanors. [26:20.800 --> 26:21.800] Right there. [26:21.800 --> 26:22.800] Super clear. [26:22.800 --> 26:23.800] That was 25.04? [26:23.800 --> 26:29.200] Misunderstand it, yeah. [26:29.200 --> 26:31.480] The legislature was not confused. [26:31.480 --> 26:36.160] The legislature did not say anything about, hey, you can do it this way, or if you'd rather [26:36.160 --> 26:37.920] take a shortcut, go for it. [26:37.920 --> 26:39.520] No, they never gave that. [26:39.520 --> 26:41.720] It's not there. [26:41.720 --> 26:46.640] It's an indictment or an information, period. [26:46.640 --> 26:55.880] Think of what that will do to this traffic ticket mill they have running where they just [26:55.880 --> 26:58.640] grind everybody through it. [26:58.640 --> 26:59.920] Yeah. [26:59.920 --> 27:03.240] I'm enjoying thinking about what that would look like. [27:03.240 --> 27:10.240] Can you say Nagasaki and Hiroshima? [27:10.240 --> 27:12.400] Something close to that. [27:12.400 --> 27:13.760] Okay. [27:13.760 --> 27:15.760] This is wonderful. [27:15.760 --> 27:18.680] Now we have a whole board full of callers. [27:18.680 --> 27:21.840] We're gonna go to Chris. [27:21.840 --> 27:23.520] I don't see any first time callers. [27:23.520 --> 27:25.880] We're going to Chris in Colorado. [27:25.880 --> 27:29.880] Chris, what do you have for us today? [27:29.880 --> 27:31.360] Hi. [27:31.360 --> 27:41.320] I'm calling to hopefully get a little understanding of what I'm seeing in this discovery process. [27:41.320 --> 27:46.320] I'm sure it's all standard stuff, but it's my first go around, so I just want a little [27:46.320 --> 27:52.040] more insight if you guys have been through any of that. [27:52.040 --> 27:58.240] We've exchanged discovery, and of course they've objected to like 90% of it, probably 80, 90% [27:58.240 --> 28:05.280] of it, and then they're required to give an explanation, which they kind of do, but it [28:05.280 --> 28:07.000] just seems very standard. [28:07.000 --> 28:14.760] I object, but under a lot of them, they actually produce stuff, so they say notwithstanding [28:14.760 --> 28:18.200] defense presents the following blah, blah, blah. [28:18.200 --> 28:19.200] Okay. [28:19.200 --> 28:24.280] So I'm curious how this works when somebody objects during discovery. [28:24.280 --> 28:25.280] Okay. [28:25.280 --> 28:28.120] Okay, that's easy. [28:28.120 --> 28:32.080] This is what the courts expect. [28:32.080 --> 28:40.080] Now, theoretically, discovery is supposed to be done between the two parties, but in [28:40.080 --> 28:47.920] the real world, it is standard procedure for the two parties to object to everything, and [28:47.920 --> 28:53.520] then the two parties have to come to the court with a motion to compel. [28:53.520 --> 28:56.680] This is going to be a standard motion to compel discovery. [28:56.680 --> 29:02.480] Now, you need to be able to show where the discovery you're asking for is authorized. [29:02.480 --> 29:09.760] It takes a little research, but not that terribly much. [29:09.760 --> 29:18.040] If you're new at this, go down to the clerk and ask her to show you the biggest file they [29:18.040 --> 29:19.040] have. [29:19.040 --> 29:32.360] I did that in Wyse County, Texas, and she brought me out a table with three huge record [29:32.360 --> 29:33.360] boxes on it. [29:33.360 --> 29:39.200] It was Missile Energy, where they were sued for developing fracking and destroyed a water [29:39.200 --> 29:40.200] table. [29:40.200 --> 29:47.640] She said, you asked for the biggest, and it was perfect, it was wonderful. [29:47.640 --> 29:53.960] Every motion or pleading you could ever imagine was in there. [29:53.960 --> 29:57.440] Exactly how to write it, how to argue it, both sides of it. [29:57.440 --> 30:02.440] Hang on, we'll be right back. [30:02.440 --> 30:06.040] It's clear cell phones have changed the way we live and work, but have they negatively [30:06.040 --> 30:07.040] affected our health? [30:07.040 --> 30:11.200] I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how [30:11.200 --> 30:15.520] cell phones may actually alter our brain chemistry. [30:15.520 --> 30:17.100] Privacy is under attack. [30:17.100 --> 30:20.880] When you give up data about yourself, you'll never get it back again. [30:20.880 --> 30:25.960] Once your privacy is gone, you'll find your freedoms will start to vanish too. [30:25.960 --> 30:30.560] Protect your rights, say no to surveillance, and keep your information to yourself. [30:30.560 --> 30:33.240] Privacy, it's worth hanging on to. [30:33.240 --> 30:37.520] This public service announcement is brought to you by StartPage.com, the private search [30:37.520 --> 30:41.060] engine alternative to Google, Yahoo, and Bing. [30:41.060 --> 30:44.880] Start over with StartPage. [30:44.880 --> 30:47.000] Cell phones emit radio frequency energy. [30:47.000 --> 30:48.000] That's a fact. [30:48.000 --> 30:51.560] But whether it's dangerous to have a phone beaming this kind of radiation near your head [30:51.560 --> 30:52.560] has been disputed. [30:52.560 --> 30:57.040] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns. [30:57.040 --> 31:01.440] Well, now the Journal of the American Medical Association is confirming that cell phones [31:01.440 --> 31:02.440] affect brain chemistry. [31:02.440 --> 31:08.060] A study of 47 volunteers showed that glucose metabolism in the area of the brain closest [31:08.060 --> 31:11.760] to the cell phone antenna increases when the cell phone is on. [31:11.760 --> 31:15.640] While researchers aren't sure whether this exposure causes damage, I'm not taking any [31:15.640 --> 31:16.640] chances. [31:16.640 --> 31:20.080] I always keep the phone far from my body, and I use a corded headset. [31:20.080 --> 31:22.080] I'm Dr. Catherine Albrecht. [31:22.080 --> 31:30.520] More news and information at CatherineAlbrecht.com. [31:30.520 --> 31:31.520] I lost my son. [31:31.520 --> 31:32.520] My nephew. [31:32.520 --> 31:33.520] My uncle. [31:33.520 --> 31:34.520] My son. [31:34.520 --> 31:35.520] On September 11th, 2001. [31:35.520 --> 31:38.800] Most people don't know that a third tower fell on September 11th. [31:38.800 --> 31:42.880] World Trade Center 7, a 47-story skyscraper, was not hit by a plane. [31:42.880 --> 31:48.720] Although the official explanation is that fire brought down Building 7, over 1,200 architects [31:48.720 --> 31:52.480] and engineers have looked into the evidence and believe there is more to the story. [31:52.480 --> 31:53.960] Bring justice to my son. [31:53.960 --> 31:54.960] My uncle. [31:54.960 --> 31:55.960] My nephew. [31:55.960 --> 31:56.960] My son. [31:56.960 --> 31:57.960] Go to buildingwhat.org. [31:57.960 --> 31:58.960] Why it fell. [31:58.960 --> 31:59.960] Why it matters. [31:59.960 --> 32:01.680] And what you can do. [32:01.680 --> 32:06.080] Are you looking to have a closer relationship with God and a better understanding of His [32:06.080 --> 32:07.080] Word? [32:07.080 --> 32:12.200] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture [32:12.200 --> 32:18.600] Talk, where Nana and her guests discuss the scriptures in accord with 2 Timothy 2.15. [32:18.600 --> 32:23.120] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly [32:23.120 --> 32:25.520] dividing the word of truth. [32:25.520 --> 32:29.160] Starting in January, our first hour studies are in the Book of Mark, where we'll go [32:29.160 --> 32:32.840] verse by verse and discuss the true gospel message. [32:32.840 --> 32:37.480] Our second hour topical studies will vary each week with discussions on sound doctrine [32:37.480 --> 32:39.160] and Christian character development. [32:39.160 --> 32:44.400] We wish to reflect God's light and be a blessing to all those with a hearing ear. [32:44.400 --> 32:48.720] Our goal is to strengthen our faith and to transform ourselves more into the likeness [32:48.720 --> 32:51.000] of our Lord and Savior Jesus. [32:51.000 --> 32:57.640] So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and [32:57.640 --> 33:00.360] motivate your studies of the scriptures. [33:00.360 --> 33:09.080] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [33:09.080 --> 33:23.920] Yeah, I got a warrant, and I'm gonna solve them, to the hell government them, prosecute [33:23.920 --> 33:24.920] them. [33:24.920 --> 33:25.920] Okay. [33:25.920 --> 33:26.920] All set. [33:26.920 --> 33:39.800] Citizens arrest for Mr. Bush, Citizens arrest for Dick Cheney. [33:39.800 --> 33:46.400] Well, I need a prosecutor to come and help me, prosecute them wicked leader, yeah, you [33:46.400 --> 33:47.400] see. [33:47.400 --> 33:51.400] Them murderers are liars, them tell me, them are liars, they tell sweet stories. [33:51.400 --> 33:56.600] Me not believe me, say what them tell me, 3% of America vote for Bush. [33:56.600 --> 34:03.160] Okay, we are back, Randy Kelton, Brett Fountain, LouisLawRadio, and I see Jill and Scott and [34:03.160 --> 34:09.240] Manuel just dropped off, as you can hear me, call back in, we'll get to you. [34:09.240 --> 34:14.520] And Jill from Oregon's gonna be a problem, Brett. [34:14.520 --> 34:22.520] I forgot to look up how the appellate court in Oregon is not a court of record, and I [34:22.520 --> 34:25.800] was supposed to do that. [34:25.800 --> 34:28.240] We might punish you for that, you know? [34:28.240 --> 34:29.240] I hope so. [34:29.240 --> 34:35.080] Okay, but in the meantime, we got Chris. [34:35.080 --> 34:40.960] Chris, drag this out for a long time, because Jill's gonna work me over. [34:40.960 --> 34:41.960] Okay. [34:41.960 --> 34:50.960] No, okay, we were talking about, when I first started doing research, that's how I did it. [34:50.960 --> 34:58.440] If you go down to your local court and pull some cases, you will find everything that's [34:58.440 --> 34:59.720] done in your jurisdiction. [34:59.720 --> 35:03.840] I was telling Brett, this is where I found my motion in Lemony. [35:03.840 --> 35:07.200] Christie, know what a motion in Lemony is? [35:07.200 --> 35:08.200] No. [35:08.200 --> 35:13.360] I didn't either, and I said, what in the heck is this? [35:13.360 --> 35:21.200] And it was 30 pages of all the questions the other side can't ask. [35:21.200 --> 35:25.400] So I took it and converted it to my case and filed it. [35:25.400 --> 35:30.200] And we're in court, and the district judge is furious. [35:30.200 --> 35:35.960] I'm suing the sheriff, the county sheriff, and the district judge is furious. [35:35.960 --> 35:41.280] He's going through these questions, and he gets the one that says, I want a transcript [35:41.280 --> 35:43.480] of any hypnotic interviews. [35:43.480 --> 35:47.600] And the judge said, Mr. Kelton, were you hypnotized? [35:47.600 --> 35:49.680] And I said, I don't know, judge. [35:49.680 --> 35:52.480] You know how they make you forget that kind of stuff? [35:52.480 --> 35:55.880] Ask him, deny, deny. [35:55.880 --> 35:57.880] It was glorious. [35:57.880 --> 36:05.440] But the point is, you will find all of the stuff that you can do, all of it won't apply [36:05.440 --> 36:10.600] to your, necessarily apply directly to your case. [36:10.600 --> 36:17.880] But you get two or three very large, fiercely contested cases, and if you tell the clerk [36:17.880 --> 36:22.320] what you're looking for, they'll find you the best ones. [36:22.320 --> 36:27.200] And just look at all the motions and pleadings, and I was telling Brett on the break while [36:27.200 --> 36:35.000] I was doing this, I got one set of filings in a court case. [36:35.000 --> 36:44.120] And when I picked up the paper, it was clearly, this was expensive brag, this was cotton cloth. [36:44.120 --> 36:48.440] And I was surprised at my reaction to it. [36:48.440 --> 36:56.240] I picked it up and said, whoa, this is not the same old stuff. [36:56.240 --> 37:01.040] And it made me want to read it. [37:01.040 --> 37:07.600] Just as a suggestion, go down to Best Buy or one of these places and get some white [37:07.600 --> 37:13.680] cotton rag, print up everything on standard stock. [37:13.680 --> 37:18.360] And when you get to the final document, you're actually going to file in the court, run out [37:18.360 --> 37:22.120] a copy on nice rag. [37:22.120 --> 37:30.120] When the judge picks it up, he may not note it consciously, but on some level, he's going [37:30.120 --> 37:37.320] to recognize that this is not just pulp, recycled, trash paper. [37:37.320 --> 37:43.720] It might not help, but it might. [37:43.720 --> 37:50.720] So you're in Georgia, so to be really specific on everything, it's going to be hard for us. [37:50.720 --> 37:52.240] We can be general. [37:52.240 --> 38:00.360] But generally in discovery, if they object to something, you have to tell the judge why [38:00.360 --> 38:02.880] this is important to your case. [38:02.880 --> 38:08.200] Or they're not going to force the other side to spend the time and money it takes to develop [38:08.200 --> 38:15.200] this information for you if it's not going to be probative, if it's not going to go to [38:15.200 --> 38:16.800] proving up your issues. [38:16.800 --> 38:18.400] Does that make sense? [38:18.400 --> 38:21.600] Yeah, I'm fairly aware of that. [38:21.600 --> 38:25.240] I was very clear in why I was asking for things. [38:25.240 --> 38:26.920] It was very detailed. [38:26.920 --> 38:29.360] They know why I'm digging into things. [38:29.360 --> 38:32.840] And their response to it, because I don't think they were ever going to actually issue [38:32.840 --> 38:35.800] me discovery, because they're not taking this case seriously. [38:35.800 --> 38:39.080] They just think it's some traffic thing when it's not. [38:39.080 --> 38:43.480] I mean, it's a federal court, for God's sake. [38:43.480 --> 38:46.600] So they issue me discovery, and it's just- [38:46.600 --> 38:47.600] Wait, wait a minute. [38:47.600 --> 38:48.600] Hold on, hold on. [38:48.600 --> 38:50.320] Did you say it's the federal court? [38:50.320 --> 38:51.320] Yeah. [38:51.320 --> 38:52.320] This is in Illinois. [38:52.320 --> 38:54.360] This is the tow truck thing. [38:54.360 --> 38:55.360] Oh. [38:55.360 --> 38:56.360] Okay. [38:56.360 --> 39:01.680] I somehow had you juxtaposed with Scott in Georgia. [39:01.680 --> 39:02.680] Okay. [39:02.680 --> 39:10.520] Now I know who you are, my bad. [39:10.520 --> 39:15.280] They're likely to get a button cut off their shirt if they're not careful. [39:15.280 --> 39:16.280] Well they already cut- [39:16.280 --> 39:20.480] They're messing with the federal judge. [39:20.480 --> 39:22.920] They'll make him unhappy real fast. [39:22.920 --> 39:23.920] Yeah. [39:23.920 --> 39:26.560] Last week, they already made her unhappy. [39:26.560 --> 39:29.640] They ignored my discovery. [39:29.640 --> 39:30.640] They ignored it. [39:30.640 --> 39:35.120] And then they tried to blame it on me at the status hearing, and she tore him apart. [39:35.120 --> 39:39.200] She's like, I think you tried to take advantage of a pro se. [39:39.200 --> 39:41.120] That's what you're trying to do. [39:41.120 --> 39:42.320] And you're trying to blame it on him. [39:42.320 --> 39:44.240] And so she called him right out. [39:44.240 --> 39:47.880] But so everything's jiving okay. [39:47.880 --> 39:54.220] It's just that I don't understand how those objections work. [39:54.220 --> 39:58.920] So when we go to a deposition, okay, now I'm going to ask them all these questions about [39:58.920 --> 40:00.480] the discovery they gave me. [40:00.480 --> 40:04.240] And I'm going to weave it into the case. [40:04.240 --> 40:05.240] But they've- [40:05.240 --> 40:06.240] Okay. [40:06.240 --> 40:11.320] Give me an example of a objection. [40:11.320 --> 40:17.660] I asked for all the times that the company had been sued or complaints were. [40:17.660 --> 40:19.000] Any other suits that they've been involved in. [40:19.000 --> 40:20.000] Okay. [40:20.000 --> 40:21.000] They objected to it. [40:21.000 --> 40:25.400] They said it's, oh God, I don't have it right in front of me, Randy, I'm sorry. [40:25.400 --> 40:26.400] I got to go to the computer. [40:26.400 --> 40:30.640] But broad and this and that, and a number of different objections. [40:30.640 --> 40:34.040] So basically to just go down a list of five objections. [40:34.040 --> 40:36.600] How many times have you been sued? [40:36.600 --> 40:37.600] That's broad. [40:37.600 --> 40:38.600] Well, it's- [40:38.600 --> 40:39.600] That's a single number. [40:39.600 --> 40:40.600] It's a number. [40:40.600 --> 40:48.920] You would hope that it's a single digit. [40:48.920 --> 40:53.480] What's amazing is they object to, they object to almost everything, but they object to it, [40:53.480 --> 40:57.320] but they say notwithstanding, here is the list of whatever. [40:57.320 --> 41:02.360] Randy, there's like eight in the company. [41:02.360 --> 41:04.840] Oh, okay. [41:04.840 --> 41:08.040] That's appropriate for them. [41:08.040 --> 41:17.520] If this particular discovery turns out to be something that causes them to lose or moves [41:17.520 --> 41:25.360] them toward losing, their objection to producing it is on the record, even though they produced [41:25.360 --> 41:26.360] it. [41:26.360 --> 41:30.360] They're saying we didn't produce this willingly. [41:30.360 --> 41:32.920] We produced it under protest. [41:32.920 --> 41:38.400] So they have preserved error. [41:38.400 --> 41:39.400] Okay. [41:39.400 --> 41:41.400] So how does that work down the road? [41:41.400 --> 41:49.240] Well, if down the road an appellate court questions the validity of this particular [41:49.240 --> 41:55.320] discovery, then they have raised an objection to it. [41:55.320 --> 42:02.480] If you don't raise an objection to it, then you acquiesce. [42:02.480 --> 42:04.920] So in that case, they're not being difficult. [42:04.920 --> 42:09.720] They're just preserving what they consider a potential error down the road. [42:09.720 --> 42:12.320] Well, they're doing it for everything. [42:12.320 --> 42:13.320] Yeah, yeah. [42:13.320 --> 42:17.680] Yeah, they have to do it for everything. [42:17.680 --> 42:23.720] You can expect them to do it for everything, but they may get lucky. [42:23.720 --> 42:30.640] They may get some case law while you're doing this trial that says you can't ask for this [42:30.640 --> 42:34.480] kind of discovery, and bingo, they're exonerated. [42:34.480 --> 42:39.000] They're just covering all their bases. [42:39.000 --> 42:40.240] Okay. [42:40.240 --> 42:45.440] Yes, so whatever you do, don't oppose, don't object to that. [42:45.440 --> 42:47.640] Well, I'm not. [42:47.640 --> 42:54.400] I just want to know how the objections work because when I do a deposition, are they going [42:54.400 --> 42:57.360] to say, we've already objected to that, you don't have to answer that? [42:57.360 --> 42:58.360] Or- [42:58.360 --> 42:59.360] No. [42:59.360 --> 43:00.360] Okay. [43:00.360 --> 43:04.920] You're going to have to object to it every time. [43:04.920 --> 43:10.480] They're going to try to get you to forget to object. [43:10.480 --> 43:20.600] You say, I've already objected to that, and the judge may order you to answer something [43:20.600 --> 43:24.520] you've objected to. [43:24.520 --> 43:29.400] That's why you want your objection on the record because the appellate court may say, [43:29.400 --> 43:31.400] that was improper. [43:31.400 --> 43:36.280] The judge should not have forced you to produce this discovery, and this discovery can't be [43:36.280 --> 43:37.280] used. [43:37.280 --> 43:46.960] But if you have not objected to it every single time, then it can be used. [43:46.960 --> 43:51.120] One of the little party tricks. [43:51.120 --> 43:52.120] Hang on. [43:52.120 --> 44:00.520] We'll be right back. [44:00.520 --> 44:05.120] Through advances in technology, our lives have greatly improved, except in the area [44:05.120 --> 44:06.520] of nutrition. [44:06.520 --> 44:11.280] People feed their pets better than they feed themselves, and it's time we changed all that. [44:11.280 --> 44:16.920] Our primary defense against aging and disease in this toxic environment is good nutrition. [44:16.920 --> 44:23.280] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can [44:23.280 --> 44:25.440] provide the nutrients you need. [44:25.440 --> 44:30.560] Logos Radio Network gets many requests to endorse all sorts of products, most of which [44:30.560 --> 44:31.560] we reject. [44:31.560 --> 44:36.760] We have come to trust young Jevity so much, we became a marketing distributor along with [44:36.760 --> 44:39.600] Alex Jones, Ben Fuchs, and many others. 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[46:36.920 --> 46:46.920] I ain't tryin' to be no glutton I'm just here makin' my livin', pushin' buttons [46:46.920 --> 46:51.920] I give my message out to anyone in shoutin' distance [46:51.920 --> 46:57.920] I vote for bravery and against slavery, showin' resistance [46:57.920 --> 47:02.920] First I'm crawlin', then I'm walkin', then I start struttin' [47:02.920 --> 47:07.920] I'm just so glad to make my livin', pushin' buttons [47:20.920 --> 47:25.920] We sat down to play Monopoly, we all wanted to win the game [47:25.920 --> 47:28.920] We gave some guy endless money supply [47:28.920 --> 47:30.920] We must have not been thinkin' with brains [47:30.920 --> 47:36.920] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio [47:36.920 --> 47:44.920] When you don't have law in your favor, beat them by procedure [47:44.920 --> 47:48.920] They got all these little procedural party tricks they use against you [47:48.920 --> 47:50.920] And this is one of them [47:50.920 --> 47:57.920] Anything you don't object to every single time, they can use [47:57.920 --> 48:01.920] You miss objecting once, they can bring it in [48:01.920 --> 48:06.920] Being a pro se, you've objected to it, you think it's done [48:06.920 --> 48:08.920] It's not done [48:08.920 --> 48:12.920] You must object to every time, and that's essentially what they were doing [48:12.920 --> 48:14.920] Does that make sense, Chris? [48:14.920 --> 48:19.920] Yeah, I was just wondering how to use it, because my next [48:19.920 --> 48:23.920] The next events that are happening is depositions [48:23.920 --> 48:27.920] And so I've got to get what I can get out of these guys and discover to know what I'm going to ask in that position [48:27.920 --> 48:33.920] They're actually, strangely enough, they're giving me stuff that's pretty incriminating actually for their client [48:33.920 --> 48:38.920] I'm wondering if they just want this over themselves [48:38.920 --> 48:44.920] Wait a minute, are you implying, have you bargained these guys? [48:44.920 --> 48:47.920] I'm going to do probably this weekend [48:47.920 --> 48:57.920] Oh, okay, so you may be right, they may be throwing their client under the bus to get this case over with [48:57.920 --> 49:04.920] Because if you're really taking them on, they're probably at the point to where the client is not happy [49:04.920 --> 49:10.920] Giving them more money for a case they should have already won [49:10.920 --> 49:19.920] They're having to go to their client and explain why they want more money when you're just taking on a pro se for crying out loud [49:19.920 --> 49:24.920] Exactly, they gave me the new girl too [49:24.920 --> 49:31.920] One of the partners, he originally called me to find out if I was a lawyer or not, because the way we drafted the case [49:31.920 --> 49:40.920] When he found I wasn't a lawyer, I didn't hear from him again, just through a couple emails, and I got the new girl [49:40.920 --> 49:45.920] She's the one who shows up at all the hearings, but she makes a lot of mistakes [49:45.920 --> 49:51.920] But now that they realize that I'm going to be doing depositions, they're getting an attitude [49:51.920 --> 49:56.920] Oh yeah, they were hoping you wouldn't know how to do that [49:56.920 --> 50:02.920] Yeah, they assumed I wouldn't be doing all that, and I guess, yeah, whatever [50:02.920 --> 50:14.920] So I asked for some pretty succinct discovery, and it's interesting that they did hand over some stuff that gives me the chance to completely bury their client [50:14.920 --> 50:16.920] I didn't know there were that many suits against their client [50:16.920 --> 50:22.920] What's crazy is a lot of those suits were for damage to other people's vehicles from collisions with their tow truck [50:22.920 --> 50:28.920] So why would you hand that over so willingly? [50:28.920 --> 50:36.920] But I'll be able to bring that up into the deposition, but I just didn't know how the objections would work [50:36.920 --> 50:45.920] Meanwhile, on my side, I have objected to almost everything that they tried to ask me for because it was completely out of date and time and scope of the actual suit [50:45.920 --> 50:55.920] They're asking for all records of my vehicle, before it was bought, after the tow, they want everything, and it's irrelevant [50:55.920 --> 51:03.920] It's just totally irrelevant, the value of the vehicle, they want to know all that kind of stuff, where I've lived before, I mean, just stupid stuff [51:03.920 --> 51:06.920] So you just object and tell them it's overbroad? [51:06.920 --> 51:08.920] Yeah, there you go [51:08.920 --> 51:16.920] I did, I objected, I said it's irrelevant, it's irrelevant to the time and space and the material facts of this case [51:16.920 --> 51:22.920] Well, you can't necessarily make that call though [51:22.920 --> 51:33.920] Because I've had lawyers tell me that my discovery requests weren't relevant, but I know, on my side, I'm not going to show all my cards [51:33.920 --> 51:42.920] But I know that it is, what I asked for, actually is reasonably calculated to produce admissible evidence [51:42.920 --> 51:49.920] So it may not be relevant to the things that they think that you need to know [51:49.920 --> 52:03.920] But if you're reasonably calculating that you can ask this question and get them to produce something that you can use as admissible evidence, then it's legit [52:03.920 --> 52:15.920] And I can explain to a judge why everything I've asked for in discovery is dead on to get admissible evidence [52:15.920 --> 52:19.920] It goes to some essential element of something [52:19.920 --> 52:25.920] So you don't necessarily know their thought process, that's all I'm saying [52:25.920 --> 52:36.920] You've got to keep in mind, it's one of the party tricks, you object to everything, no matter what it is [52:36.920 --> 52:43.920] Object because it's overbroad and vague, or it's overly burdensome [52:43.920 --> 52:50.920] Hey, you never know what the judge is going to do, maybe the judge is in a bad mood today [52:50.920 --> 52:59.920] Maybe this other guy just ticked him off for some innocuous little reason, and he may throw me a bone [52:59.920 --> 53:06.920] Why not take the chance of getting it? So object to everything, no matter what [53:06.920 --> 53:12.920] So multiple objections on the same discovery item, it's irrelevant, and it's overbroad [53:12.920 --> 53:19.920] Object to everything until you piss off the judge and the judge comes after you, then you have to stop [53:19.920 --> 53:24.920] Well, that's what I'm trying, that's a key point, Randy, thank you for bringing that up [53:24.920 --> 53:31.920] My goal in this is to assert myself, you know, what you guys are teaching us is to stand your ground and be confident [53:31.920 --> 53:36.920] And be very confident when you know what you're talking about, but be confident as you can all the time [53:36.920 --> 53:43.920] I'm attempting to do that at every step, but I'm also not trying to burden the court at all [53:43.920 --> 53:46.920] Meaning this should have been taken care of between two parties [53:46.920 --> 53:52.920] The whole point of the court is when two parties can't figure it out, not when two children can't figure it out, okay? [53:52.920 --> 53:57.920] So what I'm getting the defense to do at this point is act like children [53:57.920 --> 54:02.920] They're doing great school stuff because they can, I don't want to do any of that [54:02.920 --> 54:08.920] I want to do, I want to do legitimate and the way the case is, it's actually not hard to do it that way [54:08.920 --> 54:14.920] Because I've got the upper hand, but my only downside is I'm a pro se, that's it [54:14.920 --> 54:18.920] So when they start doing all this stuff, they're making that judge work hard [54:18.920 --> 54:24.920] They're making her have to think about stuff that mature adults shouldn't have to [54:24.920 --> 54:32.920] Okay, have you called them out on everyone? [54:32.920 --> 54:36.920] Every discovery or every hearing? [54:36.920 --> 54:46.920] Every time they do something that's not relevant or is just designed to increase the onerous nature of the case [54:46.920 --> 54:48.920] Do you call them out on it? [54:48.920 --> 54:52.920] You're churning, you're wasting the judge's time [54:52.920 --> 54:56.920] I got a chance to do it for the first time last time because the last hearing [54:56.920 --> 55:00.920] Because what the judge does, she usually lets the defense talk first [55:00.920 --> 55:03.920] And she did it this time too, but this time she was not happy with them [55:03.920 --> 55:09.920] But what happens is defense will speak and then they'll try to blame something on me or they'll straight up lie [55:09.920 --> 55:16.920] And when I tried to point this out, like the clerk made a mistake with filing my third amendment complaint [55:16.920 --> 55:21.920] And I had no idea it wasn't on the docket because I got notice that it had been filed [55:21.920 --> 55:23.920] But the defense tried to use that against me, whatever [55:23.920 --> 55:27.920] Well, I tried to point out, you know, this was an error and the defense tried to blame and say [55:27.920 --> 55:29.920] We didn't even know it existed, which was a total lie [55:29.920 --> 55:31.920] They got a courtesy copy [55:31.920 --> 55:35.920] When I tried to point that out that they're lying, the judge shut me down [55:35.920 --> 55:39.920] And so I kind of just sat on the sidelines and watched this happen a little bit more [55:39.920 --> 55:43.920] But now this past time I said, judge, I'd like to speak [55:43.920 --> 55:45.920] And she said, okay, please go ahead [55:45.920 --> 55:50.920] And when I did, she listened and then she admonished, you know, the defense [55:50.920 --> 55:56.920] And then the judge actually said, she was upset because we were taking so long for discovery [55:56.920 --> 55:58.920] She said, you just got your car towed [55:58.920 --> 56:00.920] And I said, judge, may I speak again? [56:00.920 --> 56:01.920] She said, just a second [56:01.920 --> 56:02.920] She's looking at some dates [56:02.920 --> 56:03.920] She says, okay, go ahead [56:03.920 --> 56:05.920] I said, this is a case about fraud [56:05.920 --> 56:08.920] This is a fraud case, not just a tow [56:08.920 --> 56:10.920] And I want that to be clear on the record [56:10.920 --> 56:13.920] And so I got that on the record and I'm starting to speak more and more like that [56:13.920 --> 56:17.920] And even hold the judge accountable when they're getting a little pissy about stuff [56:17.920 --> 56:21.920] So I haven't had enough opportunity for room [56:21.920 --> 56:22.920] I get shut down a lot [56:22.920 --> 56:24.920] But I think the door is starting to crack a little bit more [56:24.920 --> 56:27.920] So yes, I'm more and more holding them accountable [56:27.920 --> 56:31.920] As far as defense though, Randy, every email, I hold them accountable [56:31.920 --> 56:34.920] Every single email, I call them out on everything they do [56:34.920 --> 56:36.920] They don't like it [56:36.920 --> 56:40.920] You need to start bar grieving them [56:40.920 --> 56:41.920] Oh, I am [56:41.920 --> 56:45.920] I got so many, I don't know where to start [56:45.920 --> 56:48.920] Just start with one way back there [56:48.920 --> 56:50.920] Yeah, go way early [56:50.920 --> 56:54.920] See if you can put them in relatively chronological order [56:54.920 --> 56:58.920] And they will notice pretty quickly that you're starting at the beginning [56:58.920 --> 57:00.920] And you're not leaving anything out [57:00.920 --> 57:02.920] And they have a lot of catching up to do [57:02.920 --> 57:09.920] In fact, with one particularly persistent law firm [57:09.920 --> 57:17.920] I accidentally let them get a glimpse of the list [57:17.920 --> 57:22.920] I had this giant list of all of these bar grievances that were coming [57:22.920 --> 57:28.920] And I was showing the check marks next to the names of the ones that I've already bar grieved [57:28.920 --> 57:29.920] And which dates [57:29.920 --> 57:35.920] And that list kind of accidentally got stuck to the back of one of the other documents [57:35.920 --> 57:43.920] I hate it when that happens [57:43.920 --> 57:49.920] I didn't know document leaking could happen in court [57:49.920 --> 57:55.920] At the end of the day, Chris, it's all political [57:55.920 --> 57:59.920] You have to do this with law, but it's always political [57:59.920 --> 58:05.920] Everything you do should consider the politics and the emotional state of the other parties [58:05.920 --> 58:07.920] And how you can manipulate them [58:07.920 --> 58:13.920] And that makes it so much more fun [58:13.920 --> 58:17.920] Okay, do you have anything for the other side? [58:17.920 --> 58:22.920] I did have one quick question about witnesses, and it shouldn't take very long [58:22.920 --> 58:27.920] Okay, good. This is Randy Kelton, Brett Fountain, Rue La Radio [58:27.920 --> 58:33.920] And Brett, somebody started the outro too soon [58:33.920 --> 58:40.920] So say something that will just grab everybody during the break [58:40.920 --> 58:42.920] Grab everybody [58:42.920 --> 58:47.920] Why don't you see if you can push Chris off the cliff, get him to talk about witnesses [58:47.920 --> 58:57.920] I'll be right back [59:17.920 --> 59:23.920] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation [59:23.920 --> 59:27.920] Growing in Christ and how to build up the Church [59:27.920 --> 59:33.920] To order your free New Testament Recovery Version and Basic Elements of the Christian Life [59:33.920 --> 59:44.920] Call Bibles for America toll free at 888-551-0102 [59:44.920 --> 59:49.920] Or visit us online at bfa.org [59:49.920 --> 59:59.920] Live, free speech radio, logosradionetwork.com [59:59.920 --> 01:00:05.920] The Bill of Rights contains the first ten amendments of our Constitution [01:00:05.920 --> 01:00:08.920] They guarantee the specific freedoms Americans should know and protect [01:00:08.920 --> 01:00:10.920] Our liberty depends on it [01:00:10.920 --> 01:00:16.920] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights [01:00:16.920 --> 01:00:18.920] Privacy is under attack [01:00:18.920 --> 01:00:21.920] When you give up data about yourself, you'll never get it back again [01:00:21.920 --> 01:00:26.920] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:00:26.920 --> 01:00:31.920] So protect your rights, say no to surveillance, and keep your information to yourself [01:00:31.920 --> 01:00:34.920] Privacy, it's worth hanging on to [01:00:34.920 --> 01:00:37.920] This public service announcement is brought to you by Startpage.com [01:00:37.920 --> 01:00:41.920] The private search engine alternative to Google, Yahoo, and Bing [01:00:41.920 --> 01:00:45.920] Start over with Startpage [01:00:45.920 --> 01:00:48.920] Imagine your mom and dad are getting ready for bed [01:00:48.920 --> 01:00:51.920] They pull back the covers and find a third party there [01:00:51.920 --> 01:00:54.920] He announces, I'm with the military and I'm sleeping here tonight [01:00:54.920 --> 01:01:00.920] That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent [01:01:00.920 --> 01:01:03.920] It protects us from being forced to share our homes with soldiers [01:01:03.920 --> 01:01:06.920] A common demand in the days of our Founding Fathers [01:01:06.920 --> 01:01:08.920] Third party, Third Amendment, get it? [01:01:08.920 --> 01:01:12.920] So if you answer a knock at your door and guys in fatigues demand lodging [01:01:12.920 --> 01:01:16.920] Tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment [01:01:16.920 --> 01:01:21.920] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com [01:01:31.920 --> 01:01:34.920] The Bill of Rights contains the first ten amendments of our Constitution [01:01:34.920 --> 01:01:38.920] They guarantee the specific freedoms Americans should know and protect [01:01:38.920 --> 01:01:40.920] Our liberty depends on it [01:01:40.920 --> 01:01:46.920] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights [01:01:46.920 --> 01:01:48.920] Privacy is under attack [01:01:48.920 --> 01:01:51.920] When you give up data about yourself, you'll never get it back again [01:01:51.920 --> 01:01:56.920] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:01:56.920 --> 01:02:01.920] So protect your rights, say no to surveillance, and keep your information to yourself [01:02:01.920 --> 01:02:04.920] Privacy, it's worth hanging on to [01:02:04.920 --> 01:02:07.920] This public service announcement is brought to you by StartPage.com [01:02:07.920 --> 01:02:11.920] The private search engine alternative to Google, Yahoo, and Bing [01:02:11.920 --> 01:02:14.920] Start over with StartPage [01:02:15.920 --> 01:02:21.920] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles [01:02:21.920 --> 01:02:27.920] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure [01:02:27.920 --> 01:02:30.920] Fourth Amendment, four eyes staring at you, get it? [01:02:30.920 --> 01:02:34.920] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security [01:02:34.920 --> 01:02:39.920] Case in point, TSA airport scanners that peer under your clothing [01:02:39.920 --> 01:02:46.920] When government employees demand a peep at your privates without probable cause, I say it's time to sound the Constitutional alarm bells [01:02:46.920 --> 01:02:53.920] Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth [01:02:53.920 --> 01:03:00.920] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com [01:03:23.920 --> 01:03:30.920] I won't pay for the war with my body [01:03:30.920 --> 01:03:34.920] Ain't gonna pay for the car with my money [01:03:34.920 --> 01:03:37.920] I won't pay for the fun with my body [01:03:37.920 --> 01:03:41.920] Their plans wicked and their logic shoddy [01:03:41.920 --> 01:03:44.920] Ain't gonna pay for the oil with my body [01:03:44.920 --> 01:03:47.920] I won't pay for the boys with my money [01:03:47.920 --> 01:03:50.920] Ain't gonna pay for the kids with my money [01:03:50.920 --> 01:03:55.920] Okay, we are back. Brandon Kelton, Brett Fountain, we are live radio [01:03:55.920 --> 01:03:59.920] And we're talking to Chris Carlotta. You got another question for us, Chris [01:03:59.920 --> 01:04:06.920] I wasn't pressuring you for time. I just wanted to make sure it was right. So, touch down [01:04:06.920 --> 01:04:16.920] Okay, thank you. So one of the guys from the Alderman, the Alderman's Chief of Staff, was the main guy I interacted with during this incident [01:04:16.920 --> 01:04:20.920] And he was the one that was trying to get stuff from the insurance, from the hotel company [01:04:20.920 --> 01:04:24.920] And he got a bunch of emails and statements and such [01:04:24.920 --> 01:04:35.920] Hold on just a second. For those who don't know, in Chicago, what would normally be a city councilman is called a city alderman [01:04:35.920 --> 01:04:38.920] Okay, go ahead [01:04:38.920 --> 01:04:46.920] Alright, and then, so I have all his notes. I'm going to put them together and then refresh his memory because he's no longer Chief of Staff [01:04:46.920 --> 01:04:48.920] They've moved on to other jobs [01:04:48.920 --> 01:04:57.920] But I need him to make something for the court, either an appearance or an affidavit or something of that nature [01:04:57.920 --> 01:05:00.920] And I don't want to piss him off because he's a real good guy [01:05:00.920 --> 01:05:10.920] What would be the best, what do you guys think is maybe the best approach to get his knowledge in front of the court? [01:05:10.920 --> 01:05:16.920] What's the nature of his knowledge that's relevant to the court? [01:05:16.920 --> 01:05:25.920] Well, he's the one who received emails with false statements. He's the one who solicited the requirements under the city ordinances from the tow company [01:05:25.920 --> 01:05:30.920] The tow company ignored it and then lied and then presented false photographs [01:05:30.920 --> 01:05:37.920] I mean, they just did all kinds of stuff to the alderman trying to skate around the requirement [01:05:37.920 --> 01:05:47.920] So he's the one who has the knowledge and he's made statements to the phone on me as well about what she said to him when he was actually speaking to her [01:05:47.920 --> 01:05:52.920] Does he have a secretary? [01:05:52.920 --> 01:05:57.920] He was kind of the secretary. Chief of Staff kind of does everything in it [01:05:57.920 --> 01:06:06.920] Don't press him too hard, but ask him if he could write a letter to the court [01:06:06.920 --> 01:06:12.920] Just briefly explaining his experience with this law firm [01:06:12.920 --> 01:06:16.920] Okay, you meant with the tow company. He was the one who actually was [01:06:16.920 --> 01:06:23.920] I'm sorry, with the tow company. Just a brief letter. He doesn't have to go into everything [01:06:23.920 --> 01:06:34.920] Just to give the court a synopsis or a general idea of the nature of this tow company [01:06:34.920 --> 01:06:41.920] I used to live in Chicago and I once got my car towed and when the police got there [01:06:41.920 --> 01:06:49.920] Their security guard was chasing me around the car with a billy club [01:06:49.920 --> 01:06:56.920] But I saw the police turn the corner before I said something really, really ugly to him [01:06:56.920 --> 01:07:04.920] He jerked out his billy club and come after me. It was glorious [01:07:04.920 --> 01:07:11.920] The police got there with their guns in their hands. It was great [01:07:11.920 --> 01:07:15.920] They know these tow companies are real stinkers [01:07:15.920 --> 01:07:24.920] And to get the alderman to just indicate that he has a negative opinion of the tow company [01:07:24.920 --> 01:07:31.920] Will be a lot, especially in Chicago. Alderman are pretty powerful in Chicago [01:07:31.920 --> 01:07:38.920] And if the alderman tells the judge that he is not happy with this tow company [01:07:38.920 --> 01:07:49.920] He's telling the judge that I need a favor from you [01:07:49.920 --> 01:07:54.920] And then the judge, if he does that, then the alderman owes him one [01:07:54.920 --> 01:07:58.920] Or at least he's shown respect to the alderman [01:07:58.920 --> 01:08:03.920] So when it comes to the judge's time to run for reelection [01:08:03.920 --> 01:08:10.920] Very likely that alderman will give his recommendation [01:08:10.920 --> 01:08:17.920] Especially in Chicago, everything is political [01:08:17.920 --> 01:08:22.920] And what it may do, it may serve your alderman as well [01:08:22.920 --> 01:08:32.920] Because this may be a good introduction from the alderman to the judge [01:08:32.920 --> 01:08:34.920] Good point, good point [01:08:34.920 --> 01:08:45.920] This guy may not have much of a staff, but if he's an alderman in Chicago, he's got power [01:08:45.920 --> 01:08:48.920] Okay, so get statements from all my witnesses [01:08:48.920 --> 01:08:51.920] I don't know if I'm actually going to bring anybody into court [01:08:51.920 --> 01:08:53.920] We probably won't ever make it to trial [01:08:53.920 --> 01:08:57.920] But initially just get the statements from my witnesses [01:08:57.920 --> 01:09:02.920] And put that on the docket or put that in the case [01:09:02.920 --> 01:09:06.920] Exactly, and the more you can get the better [01:09:06.920 --> 01:09:13.920] Because it's going to cost the lawyers a lot of money to interview and to review [01:09:13.920 --> 01:09:18.920] And to research these witnesses, it's going to make them nuts [01:09:18.920 --> 01:09:27.920] This is a single toe that's turning into a monster form [01:09:27.920 --> 01:09:32.920] Yeah, that was the goal [01:09:32.920 --> 01:09:40.920] Well, you have certainly turned out to be their worst nightmare [01:09:40.920 --> 01:09:45.920] Well, I kept warning them along the way, Randy, I told them [01:09:45.920 --> 01:09:52.920] They didn't think so, and then even after I filed suit, that wasn't a hint [01:09:52.920 --> 01:09:55.920] But oh well [01:09:55.920 --> 01:10:06.920] I wish everybody would come away from the courts with your perspective [01:10:06.920 --> 01:10:13.920] For the rest of your life, nobody's going to terrorize you with the courts [01:10:13.920 --> 01:10:18.920] Yeah, I'll sue you and you'll tell them, well, knock yourself out [01:10:18.920 --> 01:10:22.920] We'll see how that works out for you [01:10:22.920 --> 01:10:28.920] Yeah, very true [01:10:28.920 --> 01:10:37.920] So now if I get somebody in Colorado who needs a lawyer, I'll send them to you [01:10:37.920 --> 01:10:44.920] I'm happy to help to a certain level, if that's okay [01:10:44.920 --> 01:10:47.920] Okay, do you have anything else for us? [01:10:47.920 --> 01:10:50.920] That's it, thank you very much, I appreciate you guys [01:10:50.920 --> 01:10:52.920] Okay, thank you, Chris, and don't be a stranger [01:10:52.920 --> 01:10:57.920] I'm looking forward to your calling in and crowing on the air from kicking their behinds [01:10:57.920 --> 01:10:59.920] Okay, I'll try to do that [01:10:59.920 --> 01:11:02.920] It sounds like you're getting close [01:11:02.920 --> 01:11:10.920] Okay, now we're going to go to Jill in Oregon, for whom I have not done my homework [01:11:10.920 --> 01:11:12.920] Hello, Jill [01:11:12.920 --> 01:11:14.920] Hi, Randy [01:11:14.920 --> 01:11:17.920] What do you have for us today? [01:11:17.920 --> 01:11:18.920] Okay, go ahead [01:11:18.920 --> 01:11:24.920] I should have got to that, the idea that an appellate court is not a court of record [01:11:24.920 --> 01:11:29.920] There's just something off with that [01:11:29.920 --> 01:11:36.920] So this is where I got it from, this is from the Oregon Constitution, Article 7, Section 1 [01:11:36.920 --> 01:11:40.920] The courts in which judicial power vested [01:11:40.920 --> 01:11:45.920] The judicial power of the state shall be vested in a supreme court, that is the highest court [01:11:45.920 --> 01:11:50.920] The circuit court and county courts, which I found are pretty much the same thing [01:11:50.920 --> 01:11:53.920] And that's the trial court basically [01:11:53.920 --> 01:12:03.920] Which shall be courts of record, having general jurisdiction to be defined, limited, and regulated by law in accordance with this Constitution [01:12:03.920 --> 01:12:08.920] Justices of the peace may also be invested with limited judicial powers [01:12:08.920 --> 01:12:15.920] And municipal courts may be created to administer the regulations of incorporated towns and cities [01:12:15.920 --> 01:12:19.920] The appellate court is not on this list [01:12:19.920 --> 01:12:28.920] And on the appellate court website itself it says it is a creature of state legislature created in the 1960s [01:12:28.920 --> 01:12:35.920] That means it's a creature of the legislature and not a creature of the Constitution [01:12:35.920 --> 01:12:36.920] Correct [01:12:36.920 --> 01:12:42.920] So it only has powers vested by the Constitution [01:12:42.920 --> 01:12:47.920] And this one doesn't have any powers vested by the Constitution [01:12:47.920 --> 01:12:59.920] So would that mean that in Oregon a appellate court cannot issue a writ of mandamus? [01:12:59.920 --> 01:13:02.920] I don't know [01:13:02.920 --> 01:13:10.920] I did a writ of mandamus to the supreme court against the appellate court, which they denied without reason [01:13:10.920 --> 01:13:16.920] Okay, this doesn't mean that there's not a record kept of their proceedings [01:13:16.920 --> 01:13:26.920] It just means that they're not considered judicial officers in the way judges are [01:13:26.920 --> 01:13:33.920] But is it a court of record because it's saying in the Constitution it's not a court of record [01:13:33.920 --> 01:13:39.920] And for me to file a declaratory judgment suit, I have to file it in a court of record [01:13:39.920 --> 01:13:51.920] If I understand this right, they're technically not considered judicial officers from a Constitutional standpoint [01:13:51.920 --> 01:13:59.920] So they cannot make judicial determinations about the adjudication of cases [01:13:59.920 --> 01:14:06.920] They can only rule on the proper application of the law to the facts [01:14:06.920 --> 01:14:17.920] So they would be like magistrates in the feds where the magistrate hears the case, but he doesn't make the decision [01:14:17.920 --> 01:14:26.920] He gives his recommendation to the court of record and the court of record makes the determinations [01:14:26.920 --> 01:14:36.920] There is going to be a record of what they do, but apparently this doesn't mean that they don't keep records [01:14:36.920 --> 01:14:40.920] It means that they just don't have judicial power [01:14:40.920 --> 01:14:47.920] Correct, so does that mean that they cannot issue a declaratory judgment? [01:14:47.920 --> 01:14:50.920] Almost certainly, that's what it means [01:14:50.920 --> 01:14:58.920] So that's why I'm saying I cannot bring my declaratory judgment suit to the appellate court [01:14:58.920 --> 01:15:03.920] Because they do not have the power to make those decisions [01:15:03.920 --> 01:15:12.920] But the appellate court is now claiming that they have exclusive jurisdiction because my case is an administrative procedures act suit [01:15:12.920 --> 01:15:16.920] Which I'm trying to tell them it's not, I've been repeatedly saying it's not [01:15:16.920 --> 01:15:19.920] Yeah, you've been clear, it's not that [01:15:19.920 --> 01:15:31.920] Right, because they're saying that I'm trying to invalidate an administrative rule by trying to get a determination that the health authority acted out of scope [01:15:31.920 --> 01:15:37.920] I say no, I am trying to get a determined ruling that they acted out of scope [01:15:37.920 --> 01:15:43.920] And that may mean that the rule is invalid, however I do not seek to invalidate the rule [01:15:43.920 --> 01:15:46.920] Because the rule invalidated doesn't mean that they acted out of scope [01:15:46.920 --> 01:15:53.920] It could be a multitude of things including improper rulemaking procedures or whatever the case may be [01:15:53.920 --> 01:16:00.920] So this appellate court is attempting to keep you from bypassing them? [01:16:00.920 --> 01:16:09.920] Correct, they're attempting to keep me from going back to the trial court to get my declaratory judgment suit going [01:16:09.920 --> 01:16:16.920] They're trying to exert jurisdiction over my case by pushing me into the administrative procedures act [01:16:16.920 --> 01:16:27.920] You might consider moving to the next higher court and asking them for a declaratory judgment [01:16:27.920 --> 01:16:35.920] That was what I was thinking today, so how do I move it to the Supreme Court because the Supreme Court is a court of reckons [01:16:35.920 --> 01:16:41.920] Yes, they'll tell you, every state is going to be somewhat different [01:16:41.920 --> 01:16:47.920] You file a petition for a declaratory judgment, do you have a declaratory? [01:16:47.920 --> 01:16:53.920] Hang on, about to go to our sponsors, Randy Kelton, Brett Fountain, Wheel of Law Radio [01:16:53.920 --> 01:17:06.920] We'll be right back [01:17:23.920 --> 01:17:25.920] How to answer letters and phone calls [01:17:25.920 --> 01:17:28.920] How to get debt collectors out of your credit report [01:17:28.920 --> 01:17:32.920] How to turn the financial tables on them and make them pay you to go away [01:17:32.920 --> 01:17:37.920] The Michael Mears proven method is the solution for how to stop debt collectors [01:17:37.920 --> 01:17:40.920] Personal consultation is available as well [01:17:40.920 --> 01:17:45.920] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [01:17:45.920 --> 01:17:48.920] Or email michaelmears at yahoo.com [01:17:48.920 --> 01:17:56.920] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [01:17:56.920 --> 01:17:59.920] To learn how to stop debt collectors now [01:17:59.920 --> 01:18:03.920] I love logos, without the shows on this network I'd be almost as ignorant as my friends [01:18:03.920 --> 01:18:06.920] I'm so addicted to the truth now that there's no going back [01:18:06.920 --> 01:18:09.920] I need my truth fixed, I'd be lost without logos [01:18:09.920 --> 01:18:12.920] And I really want to help keep this network on the air [01:18:12.920 --> 01:18:15.920] I'd love to volunteer as a show producer but I'm a bit of a Luddite [01:18:15.920 --> 01:18:19.920] And I really don't have any money to give because I spend it all on supplements [01:18:19.920 --> 01:18:21.920] How can I help logos? 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[01:18:48.920 --> 01:18:49.920] No [01:18:49.920 --> 01:18:50.920] I mean, yes [01:18:50.920 --> 01:18:54.920] Wow, giving without doing anything or spending any money, this is perfect [01:18:54.920 --> 01:18:56.920] Thank you so much [01:18:56.920 --> 01:18:57.920] You're welcome [01:18:57.920 --> 01:19:14.920] Happy Holidays, Logos [01:19:14.920 --> 01:19:29.920] Thank you for watching [01:19:29.920 --> 01:19:49.920] Happy Holidays, Logos [01:19:49.920 --> 01:20:02.920] Okay, we are back, Randy Kelton, Brett Fountain, Root of Law Regional on this Friday, the 21st day of April 2023 [01:20:02.920 --> 01:20:08.920] And we were talking about when we went out potentially a petition for declaratory judgment [01:20:08.920 --> 01:20:26.920] This would seem like a perfect case or request to a higher court to clarify a disagreement between a lower court and a litigant [01:20:26.920 --> 01:20:31.920] Do you have a declaratory judgment statute in Oregon? [01:20:31.920 --> 01:20:33.920] Yes [01:20:33.920 --> 01:20:34.920] Good [01:20:34.920 --> 01:20:47.920] Okay, so ORS 28, so I want to petition for declaratory judgment regarding, what was that again? [01:20:47.920 --> 01:20:50.920] Yeah, who has jurisdiction here? [01:20:50.920 --> 01:20:55.920] Does the appellate court have jurisdiction over this particular issue? [01:20:55.920 --> 01:20:59.920] Okay [01:20:59.920 --> 01:21:07.920] Claim there's a disagreement between, about this issue and this court is not a court of record [01:21:07.920 --> 01:21:19.920] Therefore ask a court of record to give a declaration of the rights of the parties [01:21:19.920 --> 01:21:22.920] Just writing that down [01:21:22.920 --> 01:21:23.920] Okay [01:21:23.920 --> 01:21:35.920] So in the meantime, the appeals court is telling me that I'm supposed to submit a brief within 28 days, fewer days now [01:21:35.920 --> 01:21:37.920] Oh, that's easy [01:21:37.920 --> 01:21:48.920] If you file a petition for declaratory judgment, you ask for a restraining order restraining the appeals court from requiring a brief [01:21:48.920 --> 01:21:54.920] Okay, do I put that in the declaratory judgment as well or that's separate? [01:21:54.920 --> 01:22:03.920] You use it as an attachment, you ask for a judgment, declaratory judgment [01:22:03.920 --> 01:22:13.920] You ask for relief from having to file this brief because if you get a ruling in your favor, then the brief will become moot [01:22:13.920 --> 01:22:21.920] Right, because if they say that the appellate court can rule on declaratory judgment, then I don't have an issue [01:22:21.920 --> 01:22:27.920] I just file an appeal, a brief to the appellate court, that was not my issue filing the brief [01:22:27.920 --> 01:22:31.920] The issue was that they are not a court of record and therefore cannot [01:22:31.920 --> 01:22:37.920] Yeah, you're just trying to make sure you're exercising judicial economy [01:22:37.920 --> 01:22:41.920] Okay, exercising [01:22:41.920 --> 01:22:47.920] And that will almost certainly get you your delay in filing the brief [01:22:47.920 --> 01:22:48.920] Okay [01:22:48.920 --> 01:22:53.920] Until they rule and that gives you plenty of time to build a brief [01:22:53.920 --> 01:22:54.920] Okay [01:22:54.920 --> 01:22:57.920] It gives you the delay that you wanted [01:22:57.920 --> 01:23:07.920] Right, I don't care about the brief, I can get it done in 28 days, it was that I don't think they have subject matter jurisdiction over my issue [01:23:07.920 --> 01:23:11.920] Good, this is a perfect case for declaratory judgment [01:23:11.920 --> 01:23:12.920] Okay, awesome [01:23:12.920 --> 01:23:20.920] I think I got my answers in unless you had any other things to suggest [01:23:20.920 --> 01:23:23.920] No, not that I can think of [01:23:23.920 --> 01:23:26.920] Okay, awesome, thank you Randy [01:23:26.920 --> 01:23:29.920] You are most welcome [01:23:29.920 --> 01:23:35.920] Okay, now we're going to go to Scott in Georgia [01:23:35.920 --> 01:23:40.920] Hello Scott, what do you have for us today? [01:23:40.920 --> 01:23:46.920] Hey Randy, what I've got today is [01:23:46.920 --> 01:23:50.920] Would rules of evidence [01:23:50.920 --> 01:23:58.920] You know pertaining to conditions of facts offers a proof to prove a claim [01:23:58.920 --> 01:24:10.920] Would a violation of rules of evidence where a judge does not obey a command shall admit relevant [01:24:10.920 --> 01:24:13.920] Okay, hold on, hold on, hold on [01:24:13.920 --> 01:24:18.920] Does not obey a command, what does that mean? [01:24:18.920 --> 01:24:23.920] The word shall, it's a command [01:24:23.920 --> 01:24:30.920] I think you're referring to in the rule of evidence, it's describing what is admissible and what's not [01:24:30.920 --> 01:24:38.920] And you're saying you found in a rule of evidence where the judge shall consider this admissible [01:24:38.920 --> 01:24:43.920] It says relevant evidence shall be admitted [01:24:43.920 --> 01:24:51.920] And the question goes to is evidence relevant to the case [01:24:51.920 --> 01:24:54.920] Okay, here's your problem [01:24:54.920 --> 01:24:59.920] It sounds like you're trying to get to declaratory judgment [01:24:59.920 --> 01:25:05.920] And saying the judge shall consider this evidence [01:25:05.920 --> 01:25:15.920] But whether it's relevant or not, that's not going to be declaratory, that's going to be left to the discretion of the court [01:25:15.920 --> 01:25:28.920] Well yeah, that's where I'm getting to is a judge has not allowed any relevant evidence that I have [01:25:28.920 --> 01:25:32.920] That pertains to proving my claim [01:25:32.920 --> 01:25:43.920] And they say it's left to the discretion of the judge, but what if the judge has never even looked at it or seen it [01:25:43.920 --> 01:25:58.920] The relevant statute says that once a judge makes a definitive ruling to admit or exclude evidence [01:25:58.920 --> 01:26:02.920] Well there is no definitive ruling [01:26:02.920 --> 01:26:07.920] What's the nature of this evidence that you're trying to get admitted? [01:26:07.920 --> 01:26:12.920] Damage to property, like blighted property [01:26:12.920 --> 01:26:21.920] Damage to it, like evidence that something happened, that somebody did something to your property? [01:26:21.920 --> 01:26:32.920] No, no, for instance, a rental property has been left to just neglected, gross negligence [01:26:32.920 --> 01:26:34.920] Who neglected it? [01:26:34.920 --> 01:26:38.920] The landlord [01:26:38.920 --> 01:26:45.920] That's going to go to specific property code in Georgia [01:26:45.920 --> 01:26:53.920] What does the property code say about the landlord's duty to maintain a rented property? [01:26:53.920 --> 01:26:57.920] All fixtures on the house [01:26:57.920 --> 01:27:01.920] Okay, that assumed a rented property [01:27:01.920 --> 01:27:10.920] Was that correct? Is this a property someone is rented and is in possession of? [01:27:10.920 --> 01:27:15.920] At one time when we started our case [01:27:15.920 --> 01:27:22.920] But since then the judges ignored the whole case and we've had to leave the property [01:27:22.920 --> 01:27:25.920] So he ruined our [01:27:25.920 --> 01:27:33.920] Okay, so you were a tenant of the property at the time of the issues in question? [01:27:33.920 --> 01:27:37.920] Yes, we had contract lease of the right of position [01:27:37.920 --> 01:27:42.920] Okay, I'm getting the picture now [01:27:42.920 --> 01:27:48.920] Okay, so what are you trying to get before the court? [01:27:48.920 --> 01:27:55.920] Well, we were going to present the damaged property, the neglected property [01:27:55.920 --> 01:27:59.920] Okay, what's the purpose? What's the point? [01:27:59.920 --> 01:28:09.920] The point is the landlord neglected properties, enriched himself and left us to live in dilapidated blind property [01:28:09.920 --> 01:28:16.920] And the judge is refusing to enter the evidence of the neglect? [01:28:16.920 --> 01:28:18.920] Yes [01:28:18.920 --> 01:28:23.920] That sounds like it goes to petition for writ of mandamus [01:28:23.920 --> 01:28:29.920] Yes, well that's part of my question is [01:28:29.920 --> 01:28:35.920] I found Georgia statute where in this state that if you appeal something [01:28:35.920 --> 01:28:45.920] They force you to pay money into the court registry to pay for, you know, in case your claim is considered frivolous [01:28:45.920 --> 01:28:52.920] And you lose the appeal and then you lose that money [01:28:52.920 --> 01:29:03.920] So basically they're forcing us to pay for our rights and the procedures to pay us to pay them to do their job [01:29:03.920 --> 01:29:18.920] Okay, well what they're doing is trying to make sure that the other party is protected in case your claims are insufficient [01:29:18.920 --> 01:29:27.920] But if the claims are ruled in your favor, these funds will be returned to you [01:29:27.920 --> 01:29:34.920] Yeah, that's the if though, you know, we're already experiencing a judge neglected to do his job [01:29:34.920 --> 01:29:42.920] So what makes it so, you know, he's putting the judicial system in disrepute where we don't trust the appeal courts to do their job [01:29:42.920 --> 01:29:59.920] Well, hang on, got to go to our sponsors, Randy Kelton, Brett Fountain, we'll radio a call in number 512-646-1984. We'll be right back [01:29:59.920 --> 01:30:05.920] Sorry, soft drink lovers, even diet drinks can make you fat [01:30:05.920 --> 01:30:16.920] The new study shows that diet soda drinkers gain much more weight than people who avoid the stuff. I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny sodas [01:30:16.920 --> 01:30:21.920] Privacy is under attack. When you give up data about yourself, you'll never get it back again [01:30:21.920 --> 01:30:26.920] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:30:26.920 --> 01:30:31.920] So protect your rights, say no to surveillance and keep your information to yourself [01:30:31.920 --> 01:30:41.920] Privacy, it's worth hanging on to. This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo and Bing [01:30:41.920 --> 01:30:44.920] Start over with Startpage [01:30:44.920 --> 01:30:49.920] Artificial sweeteners cut the calories and help you lose weight, right? Wrong [01:30:49.920 --> 01:30:55.920] Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade [01:30:55.920 --> 01:31:01.920] They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all [01:31:01.920 --> 01:31:08.920] The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars, don't deliver anything to squelch it [01:31:08.920 --> 01:31:15.920] Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake [01:31:15.920 --> 01:31:23.920] So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead [01:31:23.920 --> 01:31:29.920] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com [01:31:29.920 --> 01:31:35.920] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11 [01:31:35.920 --> 01:31:42.920] The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition [01:31:42.920 --> 01:31:45.920] Over 6,000 of my fellow service members have given their lives [01:31:45.920 --> 01:31:47.920] Thousands of my fellow first responders are dying [01:31:47.920 --> 01:31:49.920] I'm not a conspiracy theorist [01:31:49.920 --> 01:31:50.920] I'm a structural engineer [01:31:50.920 --> 01:31:51.920] I'm a New York City correction officer [01:31:51.920 --> 01:31:52.920] I'm an Air Force pilot [01:31:52.920 --> 01:31:54.920] I'm a father who lost his son [01:31:54.920 --> 01:31:56.920] We're Americans, and we deserve the truth [01:31:56.920 --> 01:32:00.920] Go to RememberBuilding7.org today [01:32:00.920 --> 01:32:04.920] Rule of Law Radio is proud to offer the Rule of Law traffic seminar [01:32:04.920 --> 01:32:11.920] In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights [01:32:11.920 --> 01:32:18.920] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law [01:32:18.920 --> 01:32:24.920] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process [01:32:24.920 --> 01:32:34.920] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law [01:32:34.920 --> 01:32:39.920] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today [01:32:39.920 --> 01:32:46.920] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009 seminar, [01:32:46.920 --> 01:32:49.920] Hundreds of research documents, and other useful resource material [01:32:49.920 --> 01:32:53.920] Learn how to fight for your rights with the help of this material from ruleoflawradio.com [01:32:53.920 --> 01:32:58.920] Order your copy today, and together we can have the free society we all want and deserve [01:32:58.920 --> 01:33:12.920] Looking for some truth? You found it! LogosRadioNetwork.com [01:33:28.920 --> 01:33:46.920] The wicked come with temptations They're trying to buy the whole place [01:33:46.920 --> 01:33:58.920] They wanna poison the nation Because they've fallen from grace [01:33:58.920 --> 01:34:08.920] I will not drink from that cup I just can't act that way [01:34:08.920 --> 01:34:18.920] They got this problem they're dreaming of You won't be the slave come what may [01:34:18.920 --> 01:34:27.920] Cause I'm saving myself from the almighty one You know I'm sure everyone can save my man [01:34:27.920 --> 01:34:40.920] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and Scott, I don't think you're going to like this. [01:34:40.920 --> 01:34:50.920] Put yourself in the landlord's shoes. You have this property here and you read it out to somebody [01:34:50.920 --> 01:34:58.920] And they claim you're not maintaining the property and you feel like you are maintaining the property. You wind up in court with them [01:34:58.920 --> 01:35:05.920] They're suing you and you're out all this money to have to mount a defense [01:35:05.920 --> 01:35:14.920] And now they want to bring this issue that you feel like you're going to win [01:35:14.920 --> 01:35:24.920] But it's going to cost you a lot of money to win this issue and you're not sure they got the money to pay you once you win it [01:35:24.920 --> 01:35:32.920] So you ask the court to say well before these guys force me to put out all this money on this defense [01:35:32.920 --> 01:35:43.920] It would be appropriate for them to post up some money to cover me in case I win the case and they lose their issue [01:35:43.920 --> 01:35:47.920] Does that make sense? [01:35:47.920 --> 01:35:51.920] Oh that makes perfect sense. I see what you're saying [01:35:51.920 --> 01:36:02.920] But what the judge obstructed and interfered with is the owner of the property wanted to sell the property [01:36:02.920 --> 01:36:05.920] We wanted to buy the property [01:36:05.920 --> 01:36:16.920] But we were having some negotiation issues because he's neglected the property and he's enriched himself with a big chunk of money over years of rent [01:36:16.920 --> 01:36:22.920] And did not repair the property so we wanted a fair market value of the property [01:36:22.920 --> 01:36:42.920] And here in Georgia we have statutes for eminent domain where a condemnor can step in and look at the relevant evidence and help with acquisition of real property [01:36:42.920 --> 01:36:46.920] Wait, wait, hold on. I have missed something [01:36:46.920 --> 01:36:49.920] Yeah, it seems like we switched stories there [01:36:49.920 --> 01:37:02.920] How did we get from you suing a recalcitrant landlord to a difference in a negotiation in a purchase contract? [01:37:02.920 --> 01:37:11.920] Well it's not a purchase contract. We had contract to lease a legal claim of right of possession to the property [01:37:11.920 --> 01:37:14.920] It's in the Georgia statutes [01:37:14.920 --> 01:37:20.920] Okay, so the purchase of the property is not an issue before the court? [01:37:20.920 --> 01:37:24.920] Well it was when we first started the case [01:37:24.920 --> 01:37:27.920] That's the thing. It's been ruined [01:37:27.920 --> 01:37:31.920] And now that part of that case has been ruined [01:37:31.920 --> 01:37:35.920] Everything else is crumbling apart [01:37:35.920 --> 01:37:42.920] Oh, so you're claiming that you lost the benefit of the bargain [01:37:42.920 --> 01:37:50.920] The protection of Georgia statutes and rights have been violated [01:37:50.920 --> 01:37:57.920] That's where my original question was going was the judge interfered with relevant evidence [01:37:57.920 --> 01:38:01.920] Is that not a violation of due process law? [01:38:01.920 --> 01:38:07.920] It would be if you could prove that the judge interfered with relevant evidence [01:38:07.920 --> 01:38:16.920] Did the judge render a ruling within the scope of his discretion that you disagreed with? [01:38:16.920 --> 01:38:20.920] There's no ruling at all [01:38:20.920 --> 01:38:32.920] Well then, did you petition for Rita Mandamus to ask the appellate court or the higher court to order this judge to render a ruling? [01:38:32.920 --> 01:38:41.920] I crafted a writ of mandamus, but we ain't got the money to go to appellate courts [01:38:41.920 --> 01:38:46.920] It comes down to a trust issue, a Georgia courts issue [01:38:46.920 --> 01:38:57.920] That, okay, if this inferior superior court is not doing their job, what makes you think that appellate courts are not doing their job? [01:38:57.920 --> 01:39:05.920] Okay, then your other option is to get out of the court altogether [01:39:05.920 --> 01:39:08.920] The court altogether [01:39:08.920 --> 01:39:12.920] You're saying get out of the court altogether [01:39:12.920 --> 01:39:16.920] If you can't trust the court, what are you doing in the court? [01:39:16.920 --> 01:39:24.920] Oh yeah, well what I was getting at is do I go to the federal courts for violation of rights? [01:39:24.920 --> 01:39:30.920] This sounds like a commercial issue, it doesn't sound like a rights issue [01:39:30.920 --> 01:39:36.920] What rights are you claiming, what federal rights are you claiming were violated? [01:39:36.920 --> 01:39:48.920] Well, there's a violation against freedom of speech, we were silenced in the one proceeding that we had [01:39:48.920 --> 01:40:03.920] That doesn't go to the issue of anything about the landlord though, that goes against the judicial officer or something about the court, not really about the property [01:40:03.920 --> 01:40:10.920] Once you're in the court, you no longer have the right to speak freely [01:40:10.920 --> 01:40:17.920] The court has the plenary power to control the proceedings in its court [01:40:17.920 --> 01:40:34.920] And if he ruled that you could not enter something, some evidence or some statement, then that doesn't go to a constitutional issue, that goes to a matter for appeal [01:40:34.920 --> 01:40:39.920] There's no definitive ruling on it is what I'm saying [01:40:39.920 --> 01:40:46.920] You're not making sense, you're saying he did something but he didn't do something, how do we figure this out? [01:40:46.920 --> 01:40:52.920] There's no ruling, how can you blame a judge for no ruling other than that there is no ruling? [01:40:52.920 --> 01:40:59.920] And if there is no ruling, then the remedy is to go to the court of appeals for mandamus [01:40:59.920 --> 01:41:07.920] But you're saying you don't trust the court of appeals for your mandamus, so you have a problem [01:41:07.920 --> 01:41:12.920] If you can't trust the courts, why aren't you in the court? [01:41:12.920 --> 01:41:20.920] They've destroyed our courts, so basically they've breached their oath of office, legal duties, public duties [01:41:20.920 --> 01:41:24.920] Have you raised that issue? [01:41:24.920 --> 01:41:28.920] Huh? Oh yeah [01:41:28.920 --> 01:41:35.920] Okay, I'm confused here, I have no idea what's going on [01:41:35.920 --> 01:41:41.920] You've raised the issue, where did you raise the issue? [01:41:41.920 --> 01:41:46.920] Where did I raise the issue for, what, public duty? [01:41:46.920 --> 01:41:50.920] For the judge not rendering a ruling [01:41:50.920 --> 01:42:01.920] Oh, I've been saying it through all my petitions and motions, where none of our relevant evidence has been, I've been notifying this [01:42:01.920 --> 01:42:07.920] Okay, these are all matters for appeal [01:42:07.920 --> 01:42:14.920] Okay, take a giant step back [01:42:14.920 --> 01:42:23.920] Your only purpose in the trial court is to set the record for appeal [01:42:23.920 --> 01:42:29.920] If you expect to win your case in the trial court, you're backing up [01:42:29.920 --> 01:42:34.920] Expect to win your case in the appellate court [01:42:34.920 --> 01:42:42.920] And just because the trial court is acting incorrectly or improperly does not mean the appellate court will [01:42:42.920 --> 01:42:46.920] The appellate court has a whole other agenda [01:42:46.920 --> 01:42:52.920] And their agenda is maintaining the corpus juris, the body of law [01:42:52.920 --> 01:42:58.920] The trial court is there to find a just adjudication between the parties [01:42:58.920 --> 01:43:02.920] The appellate court's not [01:43:02.920 --> 01:43:12.920] In the trial court, you want to set the record, put your evidence on the record [01:43:12.920 --> 01:43:21.920] And get rulings from the trial court, if you disagree with the ruling, that's fine, that's what you use on appeal [01:43:21.920 --> 01:43:28.920] So don't worry about what the trial court does, the worse the trial court does, the better for your appeal [01:43:28.920 --> 01:43:34.920] Yeah, I mean, but until it comes down to where you're at there, of course you need to pay thousands of dollars [01:43:34.920 --> 01:43:37.920] And two grids could be taken [01:43:37.920 --> 01:43:43.920] Then file for inability to pay [01:43:43.920 --> 01:43:46.920] And then you'll see [01:43:46.920 --> 01:43:49.920] Hang on, we'll speak to that when we come back from the other side [01:43:49.920 --> 01:43:54.920] Randy Kelton, Brett Fountain, Wheel of Law Radio [01:43:54.920 --> 01:43:59.920] We've got a full board, so we'll give out the call-in number, hang on, we'll be right back [01:43:59.920 --> 01:44:05.920] Through advances in technology, our lives have greatly improved, except in the area of nutrition [01:44:05.920 --> 01:44:10.920] People feed their pets better than they feed themselves, and it's time we changed all that [01:44:10.920 --> 01:44:16.920] Our primary defense against aging and disease in this toxic environment is good nutrition [01:44:16.920 --> 01:44:24.920] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can provide the nutrients you need [01:44:24.920 --> 01:44:30.920] Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject [01:44:30.920 --> 01:44:38.920] We have come to trust young Jevity so much, we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others [01:44:38.920 --> 01:44:46.920] When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio [01:44:46.920 --> 01:44:50.920] As you realize the benefits of young Jevity, you may want to join us [01:44:50.920 --> 01:44:57.920] As a distributor, you can experience improved health, help your friends and family, and increase your income [01:44:57.920 --> 01:44:59.920] Order now [01:44:59.920 --> 01:45:02.920] Are you the plaintiff or defendant in a lawsuit? [01:45:02.920 --> 01:45:13.920] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step [01:45:13.920 --> 01:45:17.920] If you have a lawyer, know what your lawyer should be doing [01:45:17.920 --> 01:45:21.920] If you don't have a lawyer, know what you should do for yourself [01:45:21.920 --> 01:45:26.920] Thousands have won with our step-by-step course, and now you can too [01:45:26.920 --> 01:45:33.920] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience [01:45:33.920 --> 01:45:42.920] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts [01:45:42.920 --> 01:45:51.920] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more [01:45:51.920 --> 01:46:00.920] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ [01:46:21.920 --> 01:46:49.920] Okay, we are back [01:46:49.920 --> 01:46:53.920] Brenda Kelton, Brett Mountain, Rule of Law Radio, and we're talking to Scott in Georgia [01:46:53.920 --> 01:46:59.920] Okay Scott, going to court can be expensive [01:46:59.920 --> 01:47:02.920] Don't know how to fix that [01:47:02.920 --> 01:47:11.920] If you can't afford it, then you can always petition for inability to pay [01:47:11.920 --> 01:47:16.920] But you can't get around the procedures [01:47:16.920 --> 01:47:27.920] You're asking the court to put the opposing party in a position where the opposing party could be out a considerable amount of money [01:47:27.920 --> 01:47:38.920] And he's concerned that if he wins his issue, he still loses because you can't pay him back [01:47:38.920 --> 01:47:47.920] So if your alternative is to get the court to rule that you're indigent, that doesn't mean you're broke [01:47:47.920 --> 01:48:00.920] It just means that paying these amounts would be an unreasonable burden on your ability to take care of your business [01:48:00.920 --> 01:48:08.920] That's exactly what it is [01:48:08.920 --> 01:48:16.920] If these tribals are swearing host to protect constitutional law and Georgia law, then why aren't we holding them accountable? [01:48:16.920 --> 01:48:23.920] You've got to figure, both parties have a right to equity [01:48:23.920 --> 01:48:33.920] I buy this property, remember the COVID thing happened, all these people had purchased these properties and their guys had taken their retirement funds [01:48:33.920 --> 01:48:40.920] And bought rental properties so they'd have a retirement income [01:48:40.920 --> 01:48:48.920] And then the government come along and said, people don't have to pay rent, you can't evict them, you're stuck [01:48:48.920 --> 01:48:53.920] So the guy loses everything [01:48:53.920 --> 01:49:01.920] And he didn't do anything wrong, where does he get his money from? Where does he get his retirement back? Where does he get his life back? [01:49:01.920 --> 01:49:07.920] This guy buys this property and rents it to you and he didn't keep it up as well as you wanted him to [01:49:07.920 --> 01:49:14.920] And now you've got him in court costing him a lot of money and if he wins, he still loses [01:49:14.920 --> 01:49:19.920] He can't get his money back, how is that fair to him? [01:49:19.920 --> 01:49:25.920] Well how is it fair to us when we are left with a dangerous property? [01:49:25.920 --> 01:49:29.920] It has to be fair to both parties [01:49:29.920 --> 01:49:34.920] Well I mean, as a landlord he's supposed to keep property in repair [01:49:34.920 --> 01:49:36.920] Yes he is [01:49:36.920 --> 01:49:39.920] Well he didn't do that [01:49:39.920 --> 01:49:47.920] Yeah, well that's not automatic, that's not because you say it does not make it so [01:49:47.920 --> 01:49:49.920] You have to prove that it's so [01:49:49.920 --> 01:49:53.920] Then why has the issue been adjudicated then? [01:49:53.920 --> 01:49:59.920] Well who are you asking to cover your cost? [01:49:59.920 --> 01:50:13.920] You made a claim against the owner of the property and you're asking him to cover your cost for adjudicating your claim against him [01:50:13.920 --> 01:50:16.920] How is that fair? [01:50:16.920 --> 01:50:20.920] What am I charging him for? [01:50:20.920 --> 01:50:25.920] You're charging him for failing to maintain the property [01:50:25.920 --> 01:50:29.920] Well yeah, okay, well that's what you're saying [01:50:29.920 --> 01:50:33.920] Yeah, well I mean he did [01:50:33.920 --> 01:50:39.920] Well you have to prove that, it's not just because you say it, it doesn't become automatic because you say it [01:50:39.920 --> 01:50:46.920] He probably believes he maintained the property sufficiently and you guys damaged the property [01:50:46.920 --> 01:50:51.920] Now you're mad at him because he didn't fix your damage [01:50:51.920 --> 01:50:55.920] No I didn't damage nothing [01:50:55.920 --> 01:50:57.920] Does he know that? [01:50:57.920 --> 01:51:07.920] Look, you can't just come in here and say I am the good guy and everybody else has to accommodate me [01:51:07.920 --> 01:51:09.920] You can't get it that way [01:51:09.920 --> 01:51:15.920] I'm just simply asking the court to look at the evidence [01:51:15.920 --> 01:51:29.920] And the court's asking you to indemnify the other person that you're creating a cost to in case he wins his argument [01:51:29.920 --> 01:51:34.920] What's wrong with that? [01:51:34.920 --> 01:51:39.920] Indemnify him if he wins [01:51:39.920 --> 01:51:43.920] If he wins, yeah [01:51:43.920 --> 01:51:49.920] You need to be able to show that you can cover his cost if he wins [01:51:49.920 --> 01:51:55.920] Now that may not sound fair, and it may not be fair [01:51:55.920 --> 01:52:02.920] But court's not necessarily about fairness, it's about equity [01:52:02.920 --> 01:52:09.920] Well if I've got to be able to show that, then why ain't the court looking at my evidence, you know, I don't [01:52:09.920 --> 01:52:15.920] To prove my claim, in order to prove my claim, I've got to be able to put my head on the record [01:52:15.920 --> 01:52:22.920] You have to get through the trial court to the court of appeals [01:52:22.920 --> 01:52:29.920] If you don't believe that the court is ruling properly, you have to get them to the court of appeals [01:52:29.920 --> 01:52:33.920] But you have to get there first [01:52:33.920 --> 01:52:38.920] And the other party has a right to equity [01:52:38.920 --> 01:52:46.920] If I sue you for something that's totally unfounded, you have to come to court to fight me [01:52:46.920 --> 01:52:52.920] You have to pay for a lawyer, you have to spend your time and spend money [01:52:52.920 --> 01:52:56.920] You have a right to get that back if I lose [01:52:56.920 --> 01:53:03.920] Exactly, but if I've got relevant evidence, why ain't that being allowed on the record? [01:53:03.920 --> 01:53:08.920] Now, wait a minute, you're doing what patriots do now [01:53:08.920 --> 01:53:16.920] You're assuming that you are absolutely correct in all things, and everybody has to accept what you say on this [01:53:16.920 --> 01:53:20.920] On faith, without you having to prove it up [01:53:20.920 --> 01:53:25.920] That's what I'm getting to, is I got evidence, let's look at the evidence [01:53:25.920 --> 01:53:28.920] And that one's trial course four is to look at the evidence [01:53:28.920 --> 01:53:35.920] Wait a minute, you can't just wave your evidence in front of the court and say, okay, here it is [01:53:35.920 --> 01:53:37.920] Give me everything I want [01:53:37.920 --> 01:53:40.920] The other guy, I'm sure he's raised issues of his own [01:53:40.920 --> 01:53:46.920] I'm not saying here, look at my evidence, give me what I want [01:53:46.920 --> 01:53:53.920] I'm saying this is the evidence to further try to move the case along to prove my claim [01:53:53.920 --> 01:54:00.920] What has he said? Has he agreed with your evidence or has he challenged it? [01:54:00.920 --> 01:54:03.920] There's nothing there [01:54:03.920 --> 01:54:08.920] No, you can't say that, you can't just say he doesn't have anything [01:54:08.920 --> 01:54:13.920] Did he object to your evidence or not? [01:54:13.920 --> 01:54:16.920] The evidence is not authenticated [01:54:16.920 --> 01:54:20.920] Did he object to your evidence? [01:54:20.920 --> 01:54:23.920] You're not answering, you're dodging [01:54:23.920 --> 01:54:26.920] No, he did not, he's been ignored [01:54:26.920 --> 01:54:29.920] There's no objection to it [01:54:29.920 --> 01:54:32.920] Okay, now we're getting somewhere [01:54:32.920 --> 01:54:35.920] So he ignored the case? [01:54:35.920 --> 01:54:41.920] His attorney has ignored everything I've tried to put on the record [01:54:41.920 --> 01:54:45.920] Of course he has, that's his job [01:54:45.920 --> 01:54:50.920] He's the other guy's attorney, he's not yours [01:54:50.920 --> 01:55:00.920] If the trial judge is working with this other attorney to keep evidence off the record, then what good is the court? [01:55:00.920 --> 01:55:05.920] Okay, this is how it is in the world we live in [01:55:05.920 --> 01:55:13.920] The trial judge should rule fairly between you and this guy's attorney [01:55:13.920 --> 01:55:15.920] Exactly [01:55:15.920 --> 01:55:20.920] The problem is he is a human being [01:55:20.920 --> 01:55:23.920] Also [01:55:23.920 --> 01:55:35.920] Well, you tend to lean toward people with whom you have a relationship and an affinity [01:55:35.920 --> 01:55:41.920] He's a judge and he's a judge because he's a lawyer [01:55:41.920 --> 01:55:45.920] And the guy on the other side is a lawyer [01:55:45.920 --> 01:55:50.920] They kind of got their snouts in the same trough, whether they mean to or not [01:55:50.920 --> 01:55:56.920] Even a judge who wants to be fair is prejudiced against the pro se [01:55:56.920 --> 01:55:59.920] Oh yeah, oh yeah [01:55:59.920 --> 01:56:02.920] It is the nature of the beast [01:56:02.920 --> 01:56:07.920] And you can't change that, you can only fight it [01:56:07.920 --> 01:56:12.920] But you can't come in and complain because of the nature of the beast [01:56:12.920 --> 01:56:20.920] If you step on your neighbor's property and his dog bites you, he's a dog, that's what he does [01:56:20.920 --> 01:56:29.920] If the other side has a lawyer and you don't, the lawyer and the judge have an affinity, they have a relationship that you don't have [01:56:29.920 --> 01:56:34.920] And even if the judge wants to be fair, he will tend not to be [01:56:34.920 --> 01:56:37.920] It is the nature of the beast [01:56:37.920 --> 01:56:40.920] You have to fight that [01:56:40.920 --> 01:56:43.920] Don't that violate impartiality? [01:56:43.920 --> 01:56:46.920] Wait, I couldn't understand that [01:56:46.920 --> 01:56:50.920] Impartiality, a judge should be impartial, you know, impartial [01:56:50.920 --> 01:56:54.920] Yes, he absolutely should [01:56:54.920 --> 01:56:56.920] But he's not [01:56:56.920 --> 01:57:02.920] In a perfect world, the judge would be perfectly impartial [01:57:02.920 --> 01:57:08.920] But I know that if this were a perfect world, I wouldn't be in it [01:57:08.920 --> 01:57:11.920] And I suspect you wouldn't either [01:57:11.920 --> 01:57:14.920] It is not a perfect world [01:57:14.920 --> 01:57:17.920] We have to overcome that part [01:57:17.920 --> 01:57:24.920] So if the judge is being impartial, then you take where he's been impartial [01:57:24.920 --> 01:57:36.920] If the judge has rendered a ruling that will have an effect on your ability to adjudicate the rest of your case [01:57:36.920 --> 01:57:43.920] Then that's grounds for a mandamus, for an interlocutory appeal [01:57:43.920 --> 01:57:54.920] You say to the appellate court, he rendered this ruling, and if this ruling is allowed to stand, I will be unable to adjudicate my case [01:57:54.920 --> 01:57:57.920] And it will deny me in my remedy [01:57:57.920 --> 01:58:04.920] So you ask them in an interlocutory appeal to reverse the judge's ruling [01:58:04.920 --> 01:58:14.920] So the judge is asking you to indemnify the other party, and you need to go to the court of appeals with an interlocutory appeal [01:58:14.920 --> 01:58:24.920] And ask them to rule that if he allows that to stand, you won't be able to secure remedy [01:58:24.920 --> 01:58:31.920] Hang on, Randy Kelton, Brett Fountain, Rule of Law Radio [01:58:31.920 --> 01:58:35.920] This is getting a little stressful, but this is good, this is good, we're getting there [01:58:35.920 --> 01:58:41.920] Hang on, Brett, I went out too soon, what am I supposed to do now? [01:58:41.920 --> 01:58:43.920] I blew the outro altogether [01:58:43.920 --> 01:58:49.920] Maybe when we come back after the break, we'll talk about the rules of evidence [01:58:49.920 --> 01:58:53.920] The Bible remains the most popular book in the world [01:58:53.920 --> 01:58:57.920] Yet countless readers are frustrated because they struggle to understand it [01:58:57.920 --> 01:59:01.920] Some new translations try to help by simplifying the text [01:59:01.920 --> 01:59:05.920] But in the process can compromise the profound meaning of the scripture [01:59:05.920 --> 01:59:08.920] Enter the recovery version [01:59:08.920 --> 01:59:12.920] First, this new translation is extremely faithful and accurate [01:59:12.920 --> 01:59:17.920] But the real story is the more than 9,000 explanatory footnotes [01:59:17.920 --> 01:59:21.920] Difficult and profound passages are opened up in a marvelous way [01:59:21.920 --> 01:59:27.920] Providing an entrance into the riches of the Word beyond which you've ever experienced before [01:59:27.920 --> 01:59:32.920] Bibles for America would like to give you a free recovery version simply for the asking [01:59:32.920 --> 01:59:43.920] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [01:59:43.920 --> 01:59:47.920] Or by ordering online at freestudybible.com [01:59:47.920 --> 01:59:50.920] That's freestudybible.com [01:59:50.920 --> 01:59:53.920] You are listening to the Logos Radio Network [01:59:53.920 --> 02:00:21.920] Logosradionetwork.com