[00:00.000 --> 00:06.720]  The following news flash is brought to you by The Lowest Star Lowdown.
[00:06.720 --> 00:15.320]  Markets for Monday 22 July 2019 Open with Precious Metals, Gold $1,429.00, Silver $16.45.00,
[00:15.320 --> 00:24.480]  Copper $2.75.00, Oil, Texas Crew $55.63.00, Brent Crew $62.47.00, and Cryptos in order
[00:24.480 --> 00:34.040]  of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33,
[00:34.040 --> 00:41.320]  Lint Coin $100.31, and Bitcoin Cash is at $324.10 of Crypto Coin.
[00:41.320 --> 00:52.280]  Today in history, the year 1916, the preparedness day bombing, a timed suitcase bomb, was detonated
[00:52.280 --> 00:57.720]  on Market Street in San Francisco during the World War I Preparedance Day Parade, killing
[00:57.720 --> 01:04.720]  10 and entering 40 today in history.
[01:04.720 --> 01:09.360]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempett
[01:09.360 --> 01:14.040]  attacks his law back in June, county prosecutors around the state, including Houston, Austin
[01:14.040 --> 01:18.040]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.040 --> 01:22.720]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.720 --> 01:24.720]  to test the herb for THC.
[01:24.720 --> 01:28.400]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.400 --> 01:33.120]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.120 --> 01:34.120]  law.
[01:34.120 --> 01:37.560]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.560 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.240 --> 01:54.480]  well as other cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 02:01.720]  prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.400]  It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:22.600]  charged with.
[02:22.600 --> 02:28.080]  A paper by Tulane University identified a 5-and-a-half-inch American pocket shark as the first of its
[02:28.080 --> 02:33.600]  kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[02:33.600 --> 02:39.480]  or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[02:39.480 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:50.040]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:17.040]  flow.
[03:17.040 --> 03:24.040]  I received my remedy today, came in a box just like the snake
[03:24.040 --> 03:32.040]  I accepted it for value right away, it's not true no, not later
[03:32.040 --> 03:39.040]  We are originators and the pathways seem to get straighter every day
[03:39.040 --> 03:46.040]  And I could take anything that belongs to me and put it to good use
[03:46.040 --> 03:55.040]  But I was good for the gender, don't know what to do
[03:55.040 --> 03:59.040]  Okay, we are back to the rule of law radio
[03:59.040 --> 04:04.040]  Randy Kelton, I'm Brett Fountain, we're talking with Tina in California
[04:04.040 --> 04:10.040]  And Randy, you were talking about the auctioneer and how the auctioneer has deep pockets
[04:10.040 --> 04:17.040]  And the question you were asking is what if you bring a bunch of items to him?
[04:17.040 --> 04:20.040]  What can he do with those?
[04:20.040 --> 04:24.040]  My father-in-law was an auctioneer
[04:24.040 --> 04:28.040]  And auctioneers have to be careful about what they auction off
[04:28.040 --> 04:31.040]  They're responsible, they're selling goods
[04:31.040 --> 04:38.040]  And they need to be sure that the goods they're selling are not stolen goods
[04:38.040 --> 04:46.040]  So he's going to have an insurance policy for that purpose
[04:46.040 --> 04:52.040]  You can go after this woman, but if she has nothing, then all you're doing is wasting time
[04:52.040 --> 05:04.040]  You go after the auctioneer and if you can make a good story and send the auctioneer a tort letter
[05:04.040 --> 05:09.040]  The insurance company may pay off to avoid it
[05:09.040 --> 05:14.040]  So it's part of their calculation
[05:14.040 --> 05:19.040]  Now, what do you mean?
[05:19.040 --> 05:25.040]  She sent me a list of what supposedly he'd auctioned off
[05:25.040 --> 05:31.040]  And I don't see the description of my original signed art pieces in there
[05:31.040 --> 05:34.040]  Some other people have said they haven't seen theirs
[05:34.040 --> 05:40.040]  And some said theirs was in there and it was sold for far, far, far less than the value
[05:40.040 --> 05:49.040]  In the interim there was a storage unit that somehow is involved
[05:49.040 --> 05:53.040]  Because they stored her stuff, then they let her come and get it
[05:53.040 --> 05:57.040]  And kind of potentially aided her
[05:57.040 --> 06:01.040]  Now, the reason I called wasn't about this, but you've given me a very, very good idea here
[06:01.040 --> 06:04.040]  To go to the other people who were all coming out of the woodwork
[06:04.040 --> 06:07.040]  Because there was a TV story on it, you know, a news story
[06:07.040 --> 06:14.040]  But she filed in bankruptcy 13, she's converted it to a Chapter 7 to escape these debts
[06:14.040 --> 06:21.040]  Now, because of what I've learned from this show, I finally got a copy of this bankruptcy
[06:21.040 --> 06:25.040]  I wasn't named in the beginning, but I was later
[06:25.040 --> 06:33.040]  And in two hours when I was on this vacation and little access to internet
[06:33.040 --> 06:40.040]  I put together, you know, what did they call it, like an adversary proceeding within that
[06:40.040 --> 06:49.040]  Because in the letter that we've got it said if you have any objections to her discharge of this, you know, under this law and this law and this law
[06:49.040 --> 06:52.040]  When I took all those laws, I went and looked them up
[06:52.040 --> 06:59.040]  And I put together something in two hours, found, you know, this company that would go file it for me
[06:59.040 --> 07:05.040]  At first they wouldn't, the court refused to allow him to file it because I had to sign it in person
[07:05.040 --> 07:09.040]  I said, tell them I'm, you know, in another state and that's impossible
[07:09.040 --> 07:15.040]  And so they let him finally file it, but they said I had to file, you know, send them an original signature
[07:15.040 --> 07:19.040]  So I said, just sign my name and hand it in on Tuesday, which he did
[07:19.040 --> 07:24.040]  I've dealt with him a lot, he's very, very good and he can serve anywhere in the country, anyone
[07:24.040 --> 07:28.040]  He's based in LA, but his company won't take anything anyway
[07:28.040 --> 07:33.040]  So I filed on the last day to protect my claim
[07:33.040 --> 07:41.040]  Now we're trying to add the other people who weren't really aware of how to do it or what to do it, you know
[07:41.040 --> 07:46.040]  All we want to do basically because we know we're not going to get any money out of it because she's hidden it
[07:46.040 --> 07:50.040]  And we found she did this up north, she's done it two other times
[07:50.040 --> 07:59.040]  We are trying to get a criminally prosecuted and we're trying to get the bankruptcy trustee to not discharge it
[07:59.040 --> 08:04.040]  Because if he discharges with it, then we've never, and she won't go to jail
[08:04.040 --> 08:12.040]  One thing about bankruptcy, bankruptcy does not protect you from fraud
[08:12.040 --> 08:16.040]  Yes, but our trustees are a bit lazy here
[08:16.040 --> 08:21.040]  If they don't see money for them, they dismiss it and there's no money for them here
[08:21.040 --> 08:25.040]  But there is fraud and we've got that
[08:25.040 --> 08:34.040]  But what would you suggest? Can we amend my pleading to add other people?
[08:34.040 --> 08:44.040]  Well, you have to consider why you want to go after the one. If you want to go after it, if you care to put in jail and punish her
[08:44.040 --> 08:48.040]  That's one thing, that's a reasonable goal
[08:48.040 --> 08:55.040]  But if you're going after it to get your money back, you're likely to spend money for nothing if she doesn't have it
[08:55.040 --> 08:59.040]  Unless you can find a deep pocket somewhere
[08:59.040 --> 09:06.040]  Well, he's given me the idea on that, which is great and I'm going to look into this and talk with the other people about it
[09:06.040 --> 09:08.040]  Because I think it's an excellent idea
[09:08.040 --> 09:15.040]  But what we all want to do is to stop her from doing this again and she won't stop doing it unless she's jailed
[09:15.040 --> 09:22.040]  So we want to prove to the bankruptcy trustee that this is fraud and it should not be allowed to be discharged
[09:22.040 --> 09:34.040]  So we're not sure of how to add everybody to my pleading to amend it to add other people and add their stories of the fraud
[09:34.040 --> 09:44.040]  Because I feel that everyone who suffered loss certainly has a claim
[09:44.040 --> 09:57.040]  And if she's trying to bankrupt out of debt that was incurred by fraud, she doesn't have a right to bankrupt out of it
[09:57.040 --> 10:03.040]  So everybody who has a loss has standing
[10:03.040 --> 10:08.040]  But they missed the filing deadline, but I didn't
[10:08.040 --> 10:19.040]  You can move the court to extend the filing deadline. Did they get notice of the bankruptcy?
[10:19.040 --> 10:29.040]  Yes. Most people did, but they didn't understand the ramifications of the deadline and what happened
[10:29.040 --> 10:42.040]  And I said, well, why don't we all try to get someone to help amend my pleading to include us all and that way we should all get protected
[10:42.040 --> 10:47.040]  No, you won't be able to do that
[10:47.040 --> 10:53.040]  That would be trying to circumvent the limitations, of course, not going to let that happen
[10:53.040 --> 10:56.040]  That's not him
[10:56.040 --> 11:04.040]  You're only going to be able to claim your loss. You're not going to be able to bring other people into your claim
[11:04.040 --> 11:17.040]  But they might be able to try to extend it. You know, it's going to take a little bit of stretching to extend the filing deadline, but they might be able to do it
[11:17.040 --> 11:22.040]  Because some people lost like 30 or 40, 50,000
[11:22.040 --> 11:33.040]  It might be easier to pursue her in a civil lawsuit or file criminally with the prosecuting attorney
[11:33.040 --> 11:46.040]  We have the DA's office trying to do something. They're investigating it and I've just finished my claim form with them. They are heavily investigating it
[11:46.040 --> 11:53.040]  Okay, that's probably the best remedy you will come away with
[11:53.040 --> 11:59.040]  And how do we get the bankruptcy court to not discharge it?
[11:59.040 --> 12:05.040]  The ones who, well, they can claim fraud
[12:05.040 --> 12:17.040]  I don't know if the bankruptcy can state this time limit if they come in claiming fraud
[12:17.040 --> 12:30.040]  I'm not familiar enough with the details of bankruptcy to know how fraud affects bankruptcy
[12:30.040 --> 12:37.040]  I know you can't, if you go to the judgment, you can't discharge it
[12:37.040 --> 12:42.040]  Would you say that again?
[12:42.040 --> 12:51.040]  If, like I got a judgment against this guy in New York and had RICO with it, so that's fraud
[12:51.040 --> 13:04.040]  And we got RICO and he cannot now discharge that judgment in bankruptcy. I still find a collect on it, but he cannot ever discharge it
[13:04.040 --> 13:13.040]  What I'm thinking, yeah, that's what I'm thinking about is how do we get past the filing deadline?
[13:13.040 --> 13:26.040]  If I make fraud claim to the court, then you can claim that the deadline does not mediate fraud
[13:26.040 --> 13:29.040]  Did I say that right?
[13:29.040 --> 13:32.040]  Brett, did I use the right word?
[13:32.040 --> 13:38.040]  I wouldn't be my area of expertise
[13:38.040 --> 13:48.040]  Well, what we're trying to finagle here is the fact that these people did not get their claims filed timely
[13:48.040 --> 14:04.040]  So their claim, they were filing a claim against the person filing bankruptcy just for the debt that was owed to them
[14:04.040 --> 14:20.040]  If they come back and file a fraud claim against the person, then the court will not, should not be allowed to discharge those portions for which there was, there is a fraud claim
[14:20.040 --> 14:31.040]  What I don't know is how that will be affected by the limitations, the bankruptcy court limitations
[14:31.040 --> 14:40.040]  Can someone get away with fraud because I didn't get a claim on my property filed quick enough?
[14:40.040 --> 15:05.040]  That's a good point. It's called an adversary complaint of distance to entry of discharge pursuant to 11 U.S.C. 727 and 727A and 8, 11 U.S.C. 8, sorry, 523, that's what they, I went through the list and figured out what would apply to mine
[15:05.040 --> 15:14.040]  And threw that together in two hours and I would never have been able to do that. They haven't been from what I've learned on this show
[15:14.040 --> 15:22.040]  I would have looked at it like a deer in the headlight. I have no idea
[15:22.040 --> 15:24.040]  So that's the company, Randy
[15:24.040 --> 15:34.040]  You can take a, you know, make the argument that this is fraud and this statute, this limitation should not protect her from fraud
[15:34.040 --> 15:38.040]  Okay, should not protect her from fraud
[15:38.040 --> 15:52.040]  But look up, it's not my area of specific knowledge, so I'm just grasping here to try to find a way to get past the limitation
[15:52.040 --> 16:07.040]  Well, that's good, and that's given me an idea and thank you for the idea of going after the auction house and I'll try to figure out a way to go after the storage unit because they would have insurance also in storing our stuff
[16:07.040 --> 16:10.040]  Yes, they would
[16:10.040 --> 16:31.040]  So that's given me two good ways and by the way, if everyone's listening, you know, I know you're doing that fundraiser, crowdfunding, I know everyone on this call has had far more than $50 worth of help from Randy and Brett and everybody on here
[16:31.040 --> 16:47.040]  So please try to donate something because, you know, I've paid for help and it's been useless and Randy's never charged a dime and it's been far more effective
[16:47.040 --> 16:53.040]  Okay, hang on, I thought you were gonna break, I hate to interrupt that
[16:53.040 --> 16:56.040]  We gotta pick that up on the other side, you can do that all day
[16:56.040 --> 17:03.040]  Hang on, we'll be right back
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[18:04.040 --> 18:07.040]  In today's America, we live in an us against them society
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[22:59.040 --> 23:09.040]  Are you there, John?
[23:09.040 --> 23:18.040]  John says that when he calls in and lets the phone set a while, that his computer slows down or locks up or something.
[23:18.040 --> 23:24.040]  I think he's just dozing off.
[23:24.040 --> 23:30.040]  Oh, there he is.
[23:30.040 --> 23:34.040]  Hi, what do you have for us today?
[23:34.040 --> 23:40.040]  Well, did you get to read those two emails that I sent about that foreclosure?
[23:40.040 --> 23:47.040]  That was made for television. That was beyond Matlock. That was beyond Terry Masonite.
[23:47.040 --> 23:54.040]  That was beyond Judd for the Defense. That was a courtroom drama, Green Come True.
[23:54.040 --> 24:02.040]  How those, that couple that husband and wife got cheated out of their house.
[24:02.040 --> 24:08.040]  We should talk to that grandma, Leslie. She took them on big time.
[24:08.040 --> 24:18.040]  Same situation. She attempted to pay off the house and they refused to accept the payment.
[24:18.040 --> 24:24.040]  She is still after them. But yes, I have a lot of people that way.
[24:24.040 --> 24:30.040]  The courts are absolutely corrupt. They're not going after them criminally.
[24:30.040 --> 24:36.040]  And that's part of why I am working on this tool.
[24:36.040 --> 24:42.040]  There are more people out there that need help than I can get to.
[24:42.040 --> 24:49.040]  I have lots of people wanting me to pick up their mantle for them.
[24:49.040 --> 24:59.040]  And I could, but I would never get a remedy implemented if I did that.
[24:59.040 --> 25:03.040]  And you're speaking to mortgage fraud?
[25:03.040 --> 25:13.040]  I mean, I think everybody is aware of how horribly corrupt all of that was.
[25:13.040 --> 25:29.040]  And I'm hoping that helps us when we get this tool launched to usher in some rules and some procedures that may prevent those kinds of things from occurring.
[25:29.040 --> 25:36.040]  But no, I didn't read all of that. I started reading through it and it just frustrates me so much.
[25:36.040 --> 25:45.040]  I've read that same thing so many times and I've been through it myself with people so many times that it is incredible.
[25:45.040 --> 25:55.040]  And it keeps reminding me that this problem is built on top of an infrastructure.
[25:55.040 --> 26:01.040]  If we're going to get at the problem, we have to get at the infrastructure.
[26:01.040 --> 26:06.040]  And that's what the Legal Earth Program is all about.
[26:06.040 --> 26:12.040]  We're laying in a set of tools that will undermine everything.
[26:12.040 --> 26:16.040]  I did talk to the bad grandma. You know what she told me?
[26:16.040 --> 26:31.040]  I talked to the bad grandma and she told me that Joe Esquivel and you both told me that...
[26:31.040 --> 26:41.040]  When you're like me, when we talk about Joe Esquivel, we tend to get the emphasis on the wrong sololable.
[26:41.040 --> 26:48.040]  Hi, Joe. Anyway, Joe and you both said...
[26:48.040 --> 26:57.040]  Just for everybody. It's Joe Esquivel and we just do that to be annoying.
[26:57.040 --> 27:12.040]  He said, or excuse me, bad grandma said, told me not to bother with suing on behalf of the girl.
[27:12.040 --> 27:20.040]  Remember, this is so many different now. This is the original reason why I contacted her months and months and months ago.
[27:20.040 --> 27:23.040]  It's for a girl who got defrauded.
[27:23.040 --> 27:30.040]  She couldn't pay for the house and then the bank had sold the mortgage to Ginny May.
[27:30.040 --> 27:36.040]  And they didn't have any more legal standing to collect.
[27:36.040 --> 27:42.040]  And Ginny May was not entered into the public record, so they had no claim to the house.
[27:42.040 --> 27:45.040]  So when they did the foreclosure, it was all wrong.
[27:45.040 --> 27:51.040]  Well, according to the bad grandma, that wasn't the case. It was just collateralized.
[27:51.040 --> 27:56.040]  She said they didn't really tell it to Ginny May. It was just collateralized.
[27:56.040 --> 28:02.040]  They used it as collateral.
[28:02.040 --> 28:09.040]  And I don't see how that's possible. I think she's wrong. I think you and Joe are correct.
[28:09.040 --> 28:14.040]  Now, that was for Virginia and her situation.
[28:14.040 --> 28:19.040]  And I wish you would read those two emails. I know you're busy,
[28:19.040 --> 28:25.040]  but those two emails I sent you last night, this morning,
[28:25.040 --> 28:30.040]  they read like nothing you've ever seen before.
[28:30.040 --> 28:38.040]  I disagree. I know you've seen a lot of bad foreclosures and a lot of ugly things that the banks have done,
[28:38.040 --> 28:43.040]  but this is the worst I have ever seen.
[28:43.040 --> 28:47.040]  And I don't have the same experience at litigating these things like you do,
[28:47.040 --> 28:51.040]  but I've got experience at reading and writing stories about them.
[28:51.040 --> 28:57.040]  And I'm telling you, it's the worst I have ever, ever, ever seen.
[28:57.040 --> 29:05.040]  And the IRS, the FBI, both said that Operation Home Wrecker, which they're a part of,
[29:05.040 --> 29:15.040]  is the worst to date in American history of a corrupt cabal that's been doing this.
[29:15.040 --> 29:20.040]  Now, I've got to ask you a question. When you're being interrogated, here we go, flip flop,
[29:20.040 --> 29:30.040]  when you're interrogated by the police, are they obligated to tell you that they are recording?
[29:30.040 --> 29:38.040]  No. I'll explain that when we come back from sponsors.
[29:38.040 --> 29:46.040]  But no, there are consequences if they don't. And this goes to Miranda. We'll talk about Miranda when we come back.
[29:46.040 --> 29:50.040]  This is Randy Kelton, Brett Fountainville, Law Radio.
[29:50.040 --> 30:03.040]  I'll call in number 512-646-1984. We'll be right back.
[30:03.040 --> 30:09.040]  Keep your voice down. The government now has Russian technology that matches identities to voices
[30:09.040 --> 30:12.040]  so it can tell who's doing the talking.
[30:12.040 --> 30:16.040]  I'm Dr. Cameron Albright. Back to tell you how it works after this.
[30:16.040 --> 30:22.040]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:22.040 --> 30:27.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.040 --> 30:32.040]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:32.040 --> 30:38.040]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com,
[30:38.040 --> 30:45.040]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[30:45.040 --> 30:50.040]  Since 2001, when the Patriot Act opened the doors to electronic surveillance,
[30:50.040 --> 30:54.040]  Big Brother has gone crazy vacuuming up all of our data.
[30:54.040 --> 30:59.040]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
[30:59.040 --> 31:06.040]  It's called voice grid nation, and it analyzes and identifies voices courtesy of Russia's Speech Technology Center.
[31:06.040 --> 31:12.040]  When authorities intercept a call, the speaker's voice is compared to millions of others, like a fingerprint.
[31:12.040 --> 31:15.040]  How long does it take for a match? Three seconds.
[31:15.040 --> 31:22.040]  So watch what you say on the phone, comrades, whether you say your name or not, Big Brother may know who's talking.
[31:22.040 --> 31:31.040]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.040 --> 31:36.040]  I lost my son, my uncle, on September 11, 2001.
[31:36.040 --> 31:40.040]  Most people don't know that a third tower fell on September 11.
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[31:44.040 --> 31:48.040]  Although the official explanation is that fire brought down building 7,
[31:48.040 --> 31:53.040]  1,200 architects and engineers has looked into the evidence and believed there is more to the story.
[31:53.040 --> 31:56.040]  Bring justice to my son, my uncle, my nephew, my son.
[31:56.040 --> 31:58.040]  Go to buildingwhat.org.
[31:58.040 --> 32:01.040]  Why it fell, why it matters, and what you can do.
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[32:45.040 --> 32:50.040]  So if those out-of-town roofers come knocking, your door should be locked in.
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[32:59.040 --> 33:09.040]  I mean, I actually be kidding about chemtrails.
[33:29.040 --> 33:49.040]  I won't let you pull the wool over my eye.
[33:49.040 --> 34:05.040]  We must refuse your news, also come in line. It seems you like the face, but please take some words to the mind.
[34:05.040 --> 34:09.040]  Stop trying to fool the world.
[34:09.040 --> 34:21.040]  Today we are back. Randy Kelton, Rudolf Randy, Brett Felton, Rudolf Law Radio. I'm a little distracted, my screen is acting up a little bit.
[34:21.040 --> 34:40.040]  And we're talking to John in New York and we were talking about Miranda. Does the police have to read you your rights before they attempt to secure information from you?
[34:40.040 --> 35:00.040]  No, they do not. But under Miranda, if they don't read you your rights first, there are consequences. And the consequences are that they cannot use any evidence before reading your rights.
[35:00.040 --> 35:13.040]  Either that can they use evidence that is derived from any evidence secured from you without reading your rights.
[35:13.040 --> 35:22.040]  So if you give them a clue, and from that clue they find other things that can't use that either because it's fruit of the poison.
[35:22.040 --> 35:24.040]  That makes sense, John.
[35:24.040 --> 35:33.040]  Oh, that makes perfect sense. But do they have to tell you that they're recording as they're interrogating?
[35:33.040 --> 35:35.040]  No.
[35:35.040 --> 35:41.040]  If you're in Pennsylvania, yes.
[35:41.040 --> 35:56.040]  But so in any conversation that you are a party to, you don't have to tell the other party that you are recording except in Pennsylvania that I know of.
[35:56.040 --> 36:05.040]  There may be some other obscure places I haven't missed with much that have similar laws, but the only one I know of is Pennsylvania.
[36:05.040 --> 36:14.040]  Okay, so they don't have to tell you. They do not have to tell you they are recording you while they're interrogating you in the interrogation.
[36:14.040 --> 36:18.040]  No, you have no expectation of privacy.
[36:18.040 --> 36:39.040]  Okay. Now, can I read you these? I forgot. I can't remember if I read these to you or not. But this is a slightly different approach. This is using New York case law itself to prove that a traffic ticket is not a sufficient accusatory instrument.
[36:39.040 --> 36:43.040]  And it'll take about two minutes to read.
[36:43.040 --> 36:48.040]  Okay.
[36:48.040 --> 36:51.040]  No, go ahead. Go ahead. Okay.
[36:51.040 --> 36:59.040]  Somehow we got to figure out how to get this timing down when we have two people waiting for the other one to speak.
[36:59.040 --> 37:09.040]  If you'll notice, we decide that they're not the other one's not going to speak. Both of us do at exactly the same instant.
[37:09.040 --> 37:11.040]  That's hard.
[37:11.040 --> 37:13.040]  Okay, go ahead, John.
[37:13.040 --> 37:18.040]  Shirley versus Shulman, the New York Court of Appeals, decision.
[37:18.040 --> 37:30.040]  In state, a criminal action must be commenced by the filing of a ballot and sufficient accusatory instrument in order for the court to obtain jurisdiction over the matter.
[37:30.040 --> 37:39.040]  In people versus staff, it states a uniform traffic ticket is merely a notice to a person who appears.
[37:39.040 --> 37:49.040]  The case then states a new uniform traffic ticket does not state the place of an information, but it's simply a notice to appear.
[37:49.040 --> 37:53.040]  A verified complaint is still necessary.
[37:53.040 --> 38:07.040]  The traffic ticket issued by a chooser respondent, the traffic ticket issued to the respondent by law, and repeatedly confirmed by the Supreme Court ruling is merely an appearance ticket or notice to appear,
[38:07.040 --> 38:19.040]  presumably requiring him to respond to or answer a certain court by a certain date to which the respondent has complied and noticed the court.
[38:19.040 --> 38:24.040]  To date, respondent is without any proper valid response in a timely manner.
[38:24.040 --> 38:46.040]  In the matter of Zupastic versus Poglund, the State Supreme Court, the New York State Supreme Court said it is abundantly clear, of course, that a uniform traffic summons and complaint does not fulfill the function of an information and the conviction of a defendant other than upon a verified information.
[38:46.040 --> 38:50.040]  Otherwise, it gives rise to jurisdictional defects.
[38:50.040 --> 39:01.040]  One, indeed, that cannot be waived by a guilty sweep and is thus a nullity.
[39:01.040 --> 39:04.040]  Fees of people versus the Chikobi.
[39:04.040 --> 39:09.040]  In the recent case of the people versus Gabay, the Supreme Court...
[39:09.040 --> 39:10.040]  What state?
[39:10.040 --> 39:11.040]  What state?
[39:11.040 --> 39:15.040]  Is that a New York State case or a federal case?
[39:15.040 --> 39:19.040]  People versus Chikobi, New York, 33.
[39:19.040 --> 39:21.040]  Okay.
[39:21.040 --> 39:23.040]  Then the last sentence here.
[39:23.040 --> 39:44.040]  In the recent case of people versus Gabay, the Supreme Court of New York held that it is well settled that an appearance ticket is not an accusatory instrument and its filing does not confer jurisdiction over a defendant.
[39:44.040 --> 40:04.040]  Now, it's my understanding that what you have to do is it true you have to find out if that case has been either overturned or has been superseded by New York State Legislature enacting, you know, in other words, a new law.
[40:04.040 --> 40:09.040]  Yeah, the way you do that is shepherdizing.
[40:09.040 --> 40:10.040]  Okay.
[40:10.040 --> 40:14.040]  Now, do you just shepherdize or I'm familiar with that term.
[40:14.040 --> 40:21.040]  Do you just shepherdize or do you also have to see if the state legislature has enacted a new law?
[40:21.040 --> 40:28.040]  No, no, the law, case law is still good law unless it's overturned.
[40:28.040 --> 40:45.040]  If the state or the Fed has passed new law and this case law has not been readdressed, the case law must be followed until it's addressed relative to the new law.
[40:45.040 --> 40:58.040]  So, if I get this right, as long as shepherd's law does not live an overturn of this case, then it still holds water.
[40:58.040 --> 41:00.040]  Still good side of the law, exactly.
[41:00.040 --> 41:01.040]  Right.
[41:01.040 --> 41:11.040]  Now, if you bring it up and there is a statute that would supplant this case law, that has to be brought out in court and the court has to rule that.
[41:11.040 --> 41:16.040]  Now, how would I find that out?
[41:16.040 --> 41:19.040]  So, let's see if I understand this right.
[41:19.040 --> 41:30.040]  As long as when you want to shepherdize it, when you go to check it against a shepherd, what do they call it, shepherd's law?
[41:30.040 --> 41:31.040]  Shepherds, no.
[41:31.040 --> 41:36.040]  Shepherds is the company that does this.
[41:36.040 --> 41:44.040]  I'm not sure exactly what the...
[41:44.040 --> 41:58.040]  If shepherd's does not show that it has been distinguished or overturned or overruled, then the presumption must be that it's still valid law.
[41:58.040 --> 41:59.040]  Okay.
[41:59.040 --> 42:01.040]  So, you'd look it under, what do they call it?
[42:01.040 --> 42:02.040]  Shepherd's what?
[42:02.040 --> 42:05.040]  If the book is called something, I go...
[42:05.040 --> 42:09.040]  The company is shepherd's and is called shepherdizing.
[42:09.040 --> 42:11.040]  Okay, shepherd's and shepherd's.
[42:11.040 --> 42:17.040]  So, you check shepherd's and if this is not been overturned, then it's still good.
[42:17.040 --> 42:24.040]  Is there any other thing that would kill this law and make it invalid?
[42:24.040 --> 42:26.040]  Not that I know of.
[42:26.040 --> 42:27.040]  I don't mean law.
[42:27.040 --> 42:28.040]  I mean case.
[42:28.040 --> 42:29.040]  Case.
[42:29.040 --> 42:30.040]  Okay.
[42:30.040 --> 42:31.040]  Yeah, I know what you mean.
[42:31.040 --> 42:34.040]  The case law.
[42:34.040 --> 42:35.040]  Right.
[42:35.040 --> 42:39.040]  The legislature could enact another law, wouldn't they?
[42:39.040 --> 42:43.040]  Would change all this?
[42:43.040 --> 42:50.040]  Yes, but this would be good law until someone challenged it relative to the new legislation.
[42:50.040 --> 42:55.040]  And how would I find that out?
[42:55.040 --> 43:00.040]  Shepherd's.
[43:00.040 --> 43:01.040]  Okay, shepherd's.
[43:01.040 --> 43:02.040]  Shepherdize it.
[43:02.040 --> 43:04.040]  That's what shepherd's does.
[43:04.040 --> 43:05.040]  All right.
[43:05.040 --> 43:13.040]  Now, does it sound like, without checking these cases, does it sound to you like this was
[43:13.040 --> 43:18.040]  an ironclad defense against any kind of a ticket?
[43:18.040 --> 43:25.040]  Sounds pretty good from what I've heard, but I haven't heard anything distinguishing that
[43:25.040 --> 43:26.040]  at all.
[43:26.040 --> 43:27.040]  I haven't heard the other side.
[43:27.040 --> 43:32.040]  And when you make an argument, you're supposed to show all the case law and oppose it.
[43:32.040 --> 43:33.040]  Hang on.
[43:33.040 --> 43:36.040]  About to go to our sponsors.
[43:36.040 --> 43:44.040]  It's a good time to, if you find value in what we provide here to check out our sponsors,
[43:44.040 --> 43:53.040]  especially Eddie Craig's traffic seminar, my ebook, and jurisdiction area.
[43:53.040 --> 43:58.040]  They will help you achieve the remedy we talk about on this show.
[43:58.040 --> 43:59.040]  Hang on.
[43:59.040 --> 44:00.040]  We'll be right back.
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[46:14.040 --> 46:27.040]  Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, yeah.
[46:27.040 --> 46:34.040]  Always, I must be careful what I'm wishing for when I'm hungry,
[46:34.040 --> 46:41.040]  but I'd like to know just what I'm wishing for.
[46:41.040 --> 46:45.040]  I'm just here makin' my livin' pushin' button
[46:47.040 --> 46:49.040]  I get my message out
[46:53.040 --> 46:56.040]  Okay, we are back
[46:56.040 --> 46:59.040]  Randy Kelton, Brett Staunton, Rue LaValle Radio
[46:59.040 --> 47:03.040]  and we're talkin' to John in New York
[47:04.040 --> 47:07.040]  I think, yeah, there we go, John
[47:07.040 --> 47:08.040]  Yeah, we're here
[47:08.040 --> 47:11.040]  Okay, where were we, John?
[47:11.040 --> 47:18.040]  Well, I guess this is a good defense against any basic, basically any traffic ticket
[47:18.040 --> 47:24.040]  You know, with the exception of a parking ticket or, you know, that type of thing
[47:25.040 --> 47:34.040]  It sounds good. Brett, you had looked up something in New York law concerning that had you not
[47:34.040 --> 47:42.040]  Yeah, I recall there was a conversation there that sparked me to go look something up
[47:42.040 --> 47:45.040]  and it was about the accusatory instruments
[47:45.040 --> 47:50.040]  Let's see, I don't recall the section numbers of where it was
[47:50.040 --> 48:00.040]  I do recall that it said that an accusatory instrument is, and it gave a whole laundry list of a lot of different kinds of things
[48:00.040 --> 48:05.040]  that it didn't mention in their traffic, but then if you go and look down deeper
[48:05.040 --> 48:12.040]  one of the items is a simplified information, and then they go redefine what is a simplified information
[48:12.040 --> 48:16.040]  and they did mention traffic in that one
[48:16.040 --> 48:23.040]  So, I don't know where to apply that really or even
[48:23.040 --> 48:26.040]  I'd have to go back and look it up again, actually
[48:26.040 --> 48:30.040]  But that's as far as I got with that one
[48:30.040 --> 48:38.040]  It might depend on the date of that, of the enactment of that particular provision
[48:38.040 --> 48:43.040]  relative to the dates of the case law that John's been subject to
[48:43.040 --> 48:49.040]  John, is this a case law or is it relatively recent?
[48:49.040 --> 48:58.040]  Relatively, well, fairly recent, let's see, do you want me to go back from the beginning and tell you the dates on all of them?
[48:58.040 --> 49:02.040]  Just the dates on the most recent ones
[49:02.040 --> 49:05.040]  Okay, all right, here
[49:12.040 --> 49:16.040]  There's people versus land
[49:16.040 --> 49:20.040]  The games
[49:20.040 --> 49:27.040]  Shirley versus Shulman is 1991
[49:27.040 --> 49:31.040]  Well, that's just pretty recent
[49:31.040 --> 49:41.040]  People versus Scott, a uniformed traffic ticket is merely a notice to a person who appeared, 1957
[49:41.040 --> 49:51.040]  That one's not new enough, it's been estimated that all of the case law turns over every 20 years
[49:51.040 --> 49:58.040]  So, if you have a case 20 years or more old, then you need to look for a younger case
[49:58.040 --> 50:05.040]  Okay, in the matter of Zupastic versus Oakland, 1968
[50:05.040 --> 50:12.040]  In the recent case of People versus Gabay, 1997
[50:12.040 --> 50:19.040]  That's the last one, it says it is well settled that an appearance ticket is not an accusatory instrument
[50:19.040 --> 50:23.040]  and it's filing does not confer jurisdiction over a defendant
[50:23.040 --> 50:27.040]  That was in 1997, and that was pretty clear
[50:27.040 --> 50:30.040]  Yeah, that's pretty clear and it's pretty recent
[50:30.040 --> 50:39.040]  So, good chance the code you read, Brett, was added before that time
[50:39.040 --> 50:42.040]  That would make sense
[50:42.040 --> 50:52.040]  And it sounds like those two may be somewhat at odds with one another unless there's more to it
[50:52.040 --> 51:02.040]  There's more explanation that would make the two in paramateria with one another
[51:02.040 --> 51:07.040]  You like the term, in paramateria, we use that once in a while
[51:07.040 --> 51:14.040]  All of the laws must work in conjunction with all of the other laws
[51:14.040 --> 51:21.040]  to render the corpus juris in paramateria with itself
[51:21.040 --> 51:23.040]  A harmonious
[51:23.040 --> 51:30.040]  A harmonious, I was trying to think of this, a salado, I mean just a synonym
[51:30.040 --> 51:34.040]  I'm still getting the emphasis on the wrong salado, anyway
[51:34.040 --> 51:40.040]  Yeah, all of the codes have to fit together and work with one another
[51:40.040 --> 51:48.040]  The code is not intended to be contradictory anymore and if it is, it needs to be fixed
[51:48.040 --> 51:55.040]  So, in this case it probably isn't contradictory, there may be more explanation in there that makes it fit together
[51:55.040 --> 52:03.040]  It has been my experience that the body of law is extremely well structured
[52:03.040 --> 52:16.040]  The times you find seeming contradictions are almost always the result of a typo or a word putting the wrong place in an accident
[52:16.040 --> 52:20.040]  Just one that hasn't been discovered yet, I found a few of those
[52:20.040 --> 52:22.040]  Okay, John
[52:22.040 --> 52:24.040]  Okay, well let's get you on
[52:24.040 --> 52:26.040]  Where are we?
[52:26.040 --> 52:34.040]  Okay, the last case, in the recent case of People vs. Debate 1997, the Supreme Court of New York held
[52:34.040 --> 52:39.040]  that it's well found that a clearance ticket is not an accusatory instrument
[52:39.040 --> 52:43.040]  and its filing does not confer jurisdiction over a defendant
[52:43.040 --> 52:51.040]  If you just cited that one case, assuming that it hasn't been overturned, will that get you out of jail free?
[52:51.040 --> 52:55.040]  That sounds like it will
[52:55.040 --> 53:02.040]  The place I always like to go is subject matter jurisdiction
[53:02.040 --> 53:09.040]  and the place I like to go in subject matter jurisdiction is sufficiency of the charging instrument
[53:09.040 --> 53:20.040]  sufficiency of the charging instrument keeps you out of a lot of these somewhat esoteric and complex legal arguments
[53:20.040 --> 53:26.040]  as to the right to travel or the right to locomotion
[53:26.040 --> 53:33.040]  I really don't like trying to bring those arguments in these lower courts
[53:33.040 --> 53:39.040]  It's really hard to get the courts to wrap their head around them, especially when they don't want to
[53:39.040 --> 53:53.040]  But to challenge the sufficiency of the charging instrument, that is a lot more precarious situation for the courts
[53:53.040 --> 54:00.040]  because when they don't have subject matter jurisdiction, then they're subject to civil suit themselves
[54:00.040 --> 54:06.040]  And it's not something that can be waived by time, so you can always come back and challenge it
[54:06.040 --> 54:09.040]  So it's a weak spot for that
[54:09.040 --> 54:16.040]  Okay, what is subject matter jurisdiction? What are you challenging when you challenge that?
[54:16.040 --> 54:25.040]  You challenge the authority of the court to rule in the current...
[54:25.040 --> 54:30.040]  There's two aspects to subject matter jurisdiction
[54:30.040 --> 54:36.040]  One is authority to rule over the subject matter
[54:36.040 --> 54:49.040]  The other is facts sufficient to invoke that authority to rule over the subject matter
[54:49.040 --> 54:55.040]  So one time I was in court and I challenged subject matter jurisdiction and I said, what are you talking about?
[54:55.040 --> 55:02.040]  This is a traffic court and I'm a judge in a traffic case, of course I have your subject matter jurisdiction
[55:02.040 --> 55:09.040]  And I explained, yes Your Honor, you have general jurisdiction over the subject matter
[55:09.040 --> 55:15.040]  But depleting was insufficient to invoke that jurisdiction
[55:15.040 --> 55:25.040]  So while you may...in a specific case, the facts set has to invoke it
[55:25.040 --> 55:36.040]  And what I'd argue in traffic is that the traffic code is a professional conduct code
[55:36.040 --> 55:43.040]  And rather than argue the right to travel or the right to locomotion
[55:43.040 --> 55:59.040]  I allege that a component of the subject matter jurisdiction of the transportation code
[55:59.040 --> 56:04.040]  A necessary element of that is commerce
[56:04.040 --> 56:11.040]  And the instrument did not argue, did not allege commerce
[56:11.040 --> 56:16.040]  And therefore it did not invoke subject matter jurisdiction of the court
[56:16.040 --> 56:26.040]  So now we go to the fact, was the transportation code invoked in whatever state we're in
[56:26.040 --> 56:34.040]  As a criminal law or as a professional conduct code?
[56:34.040 --> 56:40.040]  I see it as a professional conduct code
[56:40.040 --> 56:45.040]  If it's a professional conduct code, the code itself is...
[56:45.040 --> 56:48.040]  So there must be a commercial nexus
[56:48.040 --> 56:54.040]  If the commercial nexus is not claimed in the pleading, the pleading allege that the completing is insufficient
[56:54.040 --> 57:00.040]  So I'm not arguing the right to travel directly, I'm kind of going at it indirectly
[57:00.040 --> 57:10.040]  Okay, we do need to move along, John, where our call board is absolutely full and we're running out of time
[57:10.040 --> 57:17.040]  One thing I've just publicly mentioned for John there is in New York
[57:17.040 --> 57:26.040]  You might pay close attention to the difference between the notice to appear and the accusatory instrument
[57:26.040 --> 57:34.040]  To be the simplified traffic information, it must charge an offense
[57:34.040 --> 57:41.040]  So in the language of it there it says that it has to charge an offense
[57:41.040 --> 57:45.040]  And that's not necessarily the case with a notice to appear
[57:45.040 --> 57:48.040]  There might be two different documents that you're looking at
[57:48.040 --> 57:54.040]  Wait a minute, you said simplified information
[57:54.040 --> 57:57.040]  That's a term of art
[57:57.040 --> 57:59.040]  Yes, it is
[57:59.040 --> 58:04.040]  They certainly did not call it a citation
[58:04.040 --> 58:06.040]  Correct
[58:06.040 --> 58:12.040]  So is there something else you do go for?
[58:12.040 --> 58:19.040]  I saw the written accusation mentioned as one of the forms of an accusatory instrument
[58:19.040 --> 58:27.040]  But I did not see a notice to appear as an accusatory instrument
[58:27.040 --> 58:37.040]  So it does appear that when they use the term accusatory instrument as opposed to a citation
[58:37.040 --> 58:40.040]  They really were talking about something else
[58:40.040 --> 58:41.040]  Correct
[58:41.040 --> 58:50.040]  And they may well have been talking about a streamlined way of producing these documents
[58:50.040 --> 58:54.040]  Would you like to make more definite progress in your walk with God?
[58:54.040 --> 59:01.040]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help
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[59:40.040 --> 59:49.040]  That's 888-551-0102 or visit us online at bfa.org
[59:49.040 --> 59:59.040]  You're listening to the Logos Radio Network at www.logosradionetwork.com
[59:59.040 --> 01:00:05.040]  The following news flash is brought to you by The Long Star Lowdowns
[01:00:05.040 --> 01:00:20.040]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[01:00:20.040 --> 01:00:36.040]  Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31,
[01:00:36.040 --> 01:00:45.040]  and Bitcoin Cash is at $324.10 a crypto coin
[01:00:45.040 --> 01:00:57.040]  Today in History, the year 1916, the Preparedness Day Bombing, a Thai suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.040 --> 01:01:00.040]  killing 10 and entering 40.
[01:01:00.040 --> 01:01:04.040]  Today in History
[01:01:04.040 --> 01:01:15.040]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempon to text his law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio,
[01:01:15.040 --> 01:01:24.040]  have been dropping marijuana possession charges and even refusing to file new ones, since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.040 --> 01:01:33.040]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.040 --> 01:01:42.040]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:01:42.040 --> 01:01:51.040]  and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney.
[01:01:51.040 --> 01:02:01.040]  In El Paso, Kaima Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.040 --> 01:02:13.040]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender, in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.040 --> 01:02:22.040]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.040 --> 01:02:39.040]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.040 --> 01:02:51.040]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:51.040 --> 01:03:01.040]  This is Book Roadie with a lowdown for July 22, 2019.
[01:03:01.040 --> 01:03:30.040]  Okay, we are back. Randy Kelton, Brett Fountain, Woodwell Radio on this Friday, the first day of November 2019.
[01:03:30.040 --> 01:03:41.040]  And on the break, Brett and I were kind of kicking this around and found some interesting law.
[01:03:41.040 --> 01:03:51.040]  You know, John, when you were reading that case law, I was thinking, this is case law I haven't seen anywhere else.
[01:03:51.040 --> 01:04:02.040]  In no other state that I've looked at, have I seen case law this specific to the charging instrument?
[01:04:02.040 --> 01:04:03.040]  Right.
[01:04:03.040 --> 01:04:10.040]  But what Brett brought up about the simplified information, Brett, will you address that?
[01:04:10.040 --> 01:04:21.040]  You mean about the difference between the written accusation and the notice to appear? Or you mean the other piece that we were talking about on the break?
[01:04:21.040 --> 01:04:32.040]  The fact that the courts in so many cases said that the traffic citation was simply a notice to appear, and I was surprised at that.
[01:04:32.040 --> 01:04:43.040]  He said, why are they going there? Why are they spending this much time doing that? And then when Brett brought up the simplified information, that made it make sense.
[01:04:43.040 --> 01:04:51.040]  Sounds like the courts are saying different documents.
[01:04:51.040 --> 01:05:03.040]  There's a different document here that apparently is the reason the case law says this ticket is only a notice to appear.
[01:05:03.040 --> 01:05:10.040]  It appears because there's supposed to be this other document, a simplified information that is the charging instrument.
[01:05:10.040 --> 01:05:14.040]  Yeah, that is exactly what it looks like.
[01:05:14.040 --> 01:05:33.040]  Can I shed some light? Let me explain. I have always maintained that a traffic ticket is not a proper accusatory instrument because in the federal constitution and the state constitution,
[01:05:33.040 --> 01:05:44.040]  it says that when you have a criminal case, you have to either be notified by an indictment or an information.
[01:05:44.040 --> 01:05:57.040]  And I called the district attorney's office in my county and I asked them what goes into an information, and they told me I wrote everything down and a traffic ticket is nothing like an information.
[01:05:57.040 --> 01:06:05.040]  Now, I also asked a prosecuting lawyer to prosecute traffic tickets, but that doesn't mean anything.
[01:06:05.040 --> 01:06:20.040]  I asked him, isn't it required that in all criminal cases, and that includes traffic tickets, that you're supposed to have an information and a traffic ticket is not an information,
[01:06:20.040 --> 01:06:35.040]  so therefore, if it goes to due process, they fail your due process. He said, no, it's considered a simplified information, and blah, blah, blah, blah, blah, blah, blah.
[01:06:35.040 --> 01:06:39.040]  When I'm thinking to myself, that's very convenient.
[01:06:39.040 --> 01:06:52.040]  Well, no, you see, it does say that. He is right, and so are you. When you're saying what you're saying, and you've just basically rephrased what all that case law confirms so well,
[01:06:52.040 --> 01:07:03.040]  that the citation is not an accusatory instrument, and he is correct that you don't have to have the other kind of indictment or information.
[01:07:03.040 --> 01:07:24.040]  It says that you could also have a simplified traffic information. Take a look at in Section 1.20 of the New York, it says Laws of New York, Criminal Procedure, Part 1, Title A, Article 1, Section 1.20.
[01:07:24.040 --> 01:07:38.040]  And it specifies in there, Subsection 5, Simplified Traffic Information means a written accusation, and it goes on to describe some more details about it, but it charges somebody with something.
[01:07:38.040 --> 01:07:40.040]  There's a charge.
[01:07:40.040 --> 01:07:55.040]  Now, that's different from what you have when you're talking about the notice to appear, and all of these court cases that you're talking about continuously keep saying the citation is not accusatory instrument, it's nearly a notice to appear.
[01:07:55.040 --> 01:07:57.040]  That's different. Now, check this out.
[01:07:57.040 --> 01:08:14.040]  In Article 100.25, and look in Subsection 4, it says, where a person is charged by a simplified information and served with an appearance ticket, such appearance ticket shall contain the following language.
[01:08:14.040 --> 01:08:30.040]  Notice you are entitled to receive a supporting deposition further explaining the charges provided you request such supporting deposition within 30 days from the date you're directed to appear in court and on and on.
[01:08:30.040 --> 01:08:41.040]  So you've got a 30-day window that they're probably not going to tell you about, but you can ask that your accuser be deposed and produce some proper charges.
[01:08:41.040 --> 01:08:45.040]  If you don't ask, you don't get it.
[01:08:45.040 --> 01:08:55.040]  Well, yeah, that's how I got my relatives off of three traffic tickets when they didn't show up with the deposition.
[01:08:55.040 --> 01:09:06.040]  100.25 of the criminal procedure law and 100.40 of the criminal procedure law kicked in.
[01:09:06.040 --> 01:09:07.040]  There you go.
[01:09:07.040 --> 01:09:12.040]  And so that's what they're talking about, isn't it?
[01:09:12.040 --> 01:09:16.040]  Now, does that mean question, question, question, very important question.
[01:09:16.040 --> 01:09:17.040]  Here we go.
[01:09:17.040 --> 01:09:30.040]  Does that mean that a uniform traffic ticket, does that mean it is also a shortened information?
[01:09:30.040 --> 01:09:47.040]  Is the uniform traffic ticket a shortened information or did we just prove that they're two completely different things and that's why the court doesn't get jurisdiction over you because the ticket is all wrong?
[01:09:47.040 --> 01:09:52.040]  In other words, it doesn't confer a jurisdiction.
[01:09:52.040 --> 01:09:54.040]  I don't know the answer to that.
[01:09:54.040 --> 01:09:58.040]  I haven't seen the uniform citation you're talking about.
[01:09:58.040 --> 01:10:05.040]  We would have to compare it and its characteristics attributes to these requirements here to find out.
[01:10:05.040 --> 01:10:11.040]  Is there anything that it's missing or maybe it's a valid document, but it's not this document.
[01:10:11.040 --> 01:10:13.040]  Brett, you were reading it.
[01:10:13.040 --> 01:10:21.040]  You were reading off of one of our uniform traffic tickets where you said you started reading something.
[01:10:21.040 --> 01:10:32.040]  I'm reading from this rule 100.25, subsection 4, and it requires that an appearance ticket contains the language.
[01:10:32.040 --> 01:10:35.040]  So when I'm reading that, that's coming out of the statute.
[01:10:35.040 --> 01:10:36.040]  That's not coming off.
[01:10:36.040 --> 01:10:39.040]  I've never seen a uniform traffic ticket.
[01:10:39.040 --> 01:10:42.040]  Yeah, you're coming off the traffic ticket, Brett.
[01:10:42.040 --> 01:10:46.040]  What you were reading was actually listed on the traffic ticket.
[01:10:46.040 --> 01:10:51.040]  Okay, well, then that language is being required on an appearance ticket.
[01:10:51.040 --> 01:10:55.040]  For this statute, an appearance ticket has to have that language.
[01:10:55.040 --> 01:11:04.040]  So that's a confirmation, again, that what they're handing you on the side of the road is not an accusatory instrument, but it's an appearance ticket.
[01:11:04.040 --> 01:11:06.040]  So we're rock solid on that.
[01:11:06.040 --> 01:11:10.040]  We're rock solid on this information.
[01:11:10.040 --> 01:11:16.040]  Brett, can you see anything different here? It looks to me like that's solid.
[01:11:16.040 --> 01:11:23.040]  Everything in this code tends to indicate that there are two separate instruments.
[01:11:23.040 --> 01:11:24.040]  Right.
[01:11:24.040 --> 01:11:36.040]  You address nothing that indicated that the traffic citation could be used as a simplified information.
[01:11:36.040 --> 01:11:42.040]  The courts went to specific trouble to separate the two.
[01:11:42.040 --> 01:11:47.040]  And nowhere have I seen anything that's been brought up.
[01:11:47.040 --> 01:12:02.040]  Any indication that the legislature intended that the two be combined or that one be construed as serving the purpose of both.
[01:12:02.040 --> 01:12:09.040]  There's too much effort to make the distinction.
[01:12:09.040 --> 01:12:16.040]  So the way I'm getting it, there can be a regular information or there can be this simplified information.
[01:12:16.040 --> 01:12:27.040]  But the simplified information cannot be construed as the combined with this appearance notice.
[01:12:27.040 --> 01:12:32.040]  The appearance notice can't magically become information.
[01:12:32.040 --> 01:12:35.040]  That's the way I read it.
[01:12:35.040 --> 01:12:37.040]  John, we really need to move along.
[01:12:37.040 --> 01:12:41.040]  We've got a board full of callers and you made some good points.
[01:12:41.040 --> 01:12:43.040]  This is a good issue.
[01:12:43.040 --> 01:12:45.040]  Thank you, John.
[01:12:45.040 --> 01:12:50.040]  So the bottom line is traffic tickets, legal, lawful?
[01:12:50.040 --> 01:12:52.040]  It's legal.
[01:12:52.040 --> 01:12:56.040]  It's just not a information.
[01:12:56.040 --> 01:13:00.040]  And does that mean it does not confer jurisdiction over the defendant?
[01:13:00.040 --> 01:13:03.040]  That's where it appears.
[01:13:03.040 --> 01:13:04.040]  Okay.
[01:13:04.040 --> 01:13:05.040]  All right.
[01:13:05.040 --> 01:13:07.040]  Thank you very much.
[01:13:07.040 --> 01:13:08.040]  Okay.
[01:13:08.040 --> 01:13:09.040]  Thank you, John.
[01:13:09.040 --> 01:13:12.040]  Now we're going to go to Ralph in Texas.
[01:13:12.040 --> 01:13:15.040]  Hello, Ralph.
[01:13:15.040 --> 01:13:18.040]  Hello, Mr. Kelton.
[01:13:18.040 --> 01:13:20.040]  This phone connection is not real good.
[01:13:20.040 --> 01:13:23.040]  I know you're doing the best you can with what you have, but it's real static.
[01:13:23.040 --> 01:13:28.040]  I've been listening, but it's real hard to catch everything being said.
[01:13:28.040 --> 01:13:29.040]  Do you hear me okay?
[01:13:29.040 --> 01:13:31.040]  Because I got a lot of static.
[01:13:31.040 --> 01:13:32.040]  Yes.
[01:13:32.040 --> 01:13:33.040]  We hear you very good.
[01:13:33.040 --> 01:13:35.040]  I'm hearing you fine.
[01:13:35.040 --> 01:13:36.040]  Okay.
[01:13:36.040 --> 01:13:37.040]  I'm getting static on my end.
[01:13:37.040 --> 01:13:40.040]  I don't think it's my phone, but I guess it could be.
[01:13:40.040 --> 01:14:00.040]  My question is, two weeks ago I called and talked about the other parties getting an extension to file their brief, but they proffered cases that they weren't actually attorneys in.
[01:14:00.040 --> 01:14:11.040]  So the court ruled on my, I called it a motion for reconsideration, I could have called it several different things, but I called it a motion for reconsideration and the judges ruled on it.
[01:14:11.040 --> 01:14:14.040]  And they denied me everything.
[01:14:14.040 --> 01:14:29.040]  And I kind of sort of expected it, but I was expecting a few more words like, yeah, the other parties should have done this or they did that, but we're not going to dismiss or we're not going to rule against them.
[01:14:29.040 --> 01:14:38.040]  And dismiss their appeal merely because they made this, you know, small mistake or something.
[01:14:38.040 --> 01:14:41.040]  But instead they just denied everything and didn't give any reasons why.
[01:14:41.040 --> 01:14:56.040]  And it was clearly outside of the court's own procedural rules, which I've been over backwards to make sure that I complied with all those rules.
[01:14:56.040 --> 01:15:06.040]  And it cost me money, lots of money because I was making mistakes, but I corrected those mistakes to make sure that I complied with the rules.
[01:15:06.040 --> 01:15:18.040]  So they stay right in there in their decision that the other party was granted their extension on the 18th.
[01:15:18.040 --> 01:15:33.040]  However, their brief was due on the 17th and if they asked for an extension, they had to have asked for an extension in time to have the extension granted before the due date passed.
[01:15:33.040 --> 01:15:39.040]  So they kind of slapped me in the face saying, yeah, they did it a day late and we're denying you.
[01:15:39.040 --> 01:15:49.040]  So what I'm wondering is if they actually give me a violation of due process, did they violate the rules?
[01:15:49.040 --> 01:15:56.040]  It certainly gives you a point of appeal.
[01:15:56.040 --> 01:16:05.040]  So when they make these mistakes, when they rule arbitrarily and capriciously, they give you a point of appeal.
[01:16:05.040 --> 01:16:09.040]  I really don't hear what the judge rules in the trial.
[01:16:09.040 --> 01:16:14.040]  You never expect to win your case in the trial court.
[01:16:14.040 --> 01:16:19.040]  You're just setting the record for appeal.
[01:16:19.040 --> 01:16:20.040]  Okay.
[01:16:20.040 --> 01:16:26.040]  So if you have reason to believe that the judge ruled improperly, your remedy is an appeal.
[01:16:26.040 --> 01:16:39.040]  And it's important to understand the difference because the trial judge does not have to have concern about the Corpus Juris, the body of law.
[01:16:39.040 --> 01:16:54.040]  The Court of Appeals is there to give direction to the lower courts and make determinations that affect the body of law.
[01:16:54.040 --> 01:17:00.040]  So we have to be careful not to render decisions that will undermine...
[01:17:00.040 --> 01:17:10.040]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works.
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[01:17:14.040 --> 01:17:18.040]  Any amount is appreciated. Everything helps to keep us on the air.
[01:17:18.040 --> 01:17:24.040]  From Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical AR-15.
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[01:18:50.040 --> 01:18:51.040]  I mean, yes.
[01:18:51.040 --> 01:18:54.040]  Wow. Giving without doing anything or spending any money.
[01:18:54.040 --> 01:18:55.040]  This is perfect.
[01:18:55.040 --> 01:18:57.040]  Thank you so much.
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[01:18:58.040 --> 01:19:01.040]  Happy holidays, Logos.
[01:19:28.040 --> 01:19:58.040]  If I can't get everything I want, if I can't get everything I need, if I can't get everything
[01:19:58.040 --> 01:20:11.040]  I need?
[01:20:11.040 --> 01:20:26.040]  Yeah.
[01:20:26.040 --> 01:20:41.040]  Okay, we are back with Latency, Randy Kelton, Brett Fountain, Willow Law Radio, and we're
[01:20:41.040 --> 01:20:48.040]  talking to Ralph in Texas, and Ralph ran off to class there again.
[01:20:48.040 --> 01:20:50.040]  Okay, there, Ralph.
[01:20:50.040 --> 01:20:55.540]  Yes, you guys may be talking to me, but I ain't hearing very much because this phone
[01:20:55.540 --> 01:20:57.540]  connection is terrible.
[01:20:57.540 --> 01:21:06.540]  Randy, when we went to break, you were talking about how judges are required to make rulings
[01:21:06.540 --> 01:21:12.540]  that are in context, that are harmonious, in paramateria.
[01:21:12.540 --> 01:21:30.540]  Yeah, if they, that is the court appeals. A trial judge is required to determine the facts in accordance with the rules of evidence, then apply the laws that comes to him to the facts in the case, him or her.
[01:21:30.540 --> 01:21:37.540]  But if they don't do that, it does not disrupt the body of law.
[01:21:37.540 --> 01:21:59.540]  If the court of appeals fail to do that, then they affect the body of law in a way such that other, that lawyers can use these rulings to get favorable determinations for their clients.
[01:21:59.540 --> 01:22:07.540]  So the court of appeals has to be careful about how they affect the body of law.
[01:22:07.540 --> 01:22:13.540]  So the trial court and the court of appeals, they live in different houses.
[01:22:13.540 --> 01:22:21.540]  That's why Dr. Graves says your only purpose in the trial court sets a record for appeal.
[01:22:21.540 --> 01:22:25.540]  That's where the real action is.
[01:22:25.540 --> 01:22:33.540]  Okay. It may be your microphone, because I can hear Brett a little bit better than I can hear you.
[01:22:33.540 --> 01:22:40.540]  Okay, but I am in the appeals court, and this was a three-judge panel.
[01:22:40.540 --> 01:22:42.540]  Complete.
[01:22:42.540 --> 01:22:56.540]  You just faded out. The rules they ignored were the procedural rule, so they weren't statute.
[01:22:56.540 --> 01:23:08.540]  Okay, hold on Ralph. You faded out and we lost the less symptoms. Can you back up and try that again?
[01:23:08.540 --> 01:23:18.540]  Okay. Well, the first thing I said was that I think it's your microphone, Randy, because I can hear Brett better than I can hear you.
[01:23:18.540 --> 01:23:28.540]  Then I was talking about I am in the appeals court. It was a three-judge panel that ruled against me on my motion.
[01:23:28.540 --> 01:23:40.540]  I was asking for sanctions against the other party that proffered cases that they were not attorneys in,
[01:23:40.540 --> 01:23:52.540]  and they did not go by the specific local court rules in asking for their motion, and they did not ask for the motion timely.
[01:23:52.540 --> 01:24:05.540]  So, like I said, I didn't expect to get the ruling in my favor, but I've got a sneaky feeling that I'm going through deja vu here,
[01:24:05.540 --> 01:24:10.540]  because this was their first request for an extension.
[01:24:10.540 --> 01:24:23.540]  So, 30 days from now, they're going to ask for another extension, and so a bench warrant from another traffic citation or from a traffic citation, this is not over a traffic citation,
[01:24:23.540 --> 01:24:34.540]  they're going to put me in jail, and then they're going to leave me in jail until after the time is that if my response or my reply would be due to their response to my brief.
[01:24:34.540 --> 01:24:41.540]  You know, your brief response.
[01:24:41.540 --> 01:24:56.540]  Well, that would not effectively help them, because if you are unable to respond because you're in jail, then you can't be held to an impossibility.
[01:24:56.540 --> 01:25:10.540]  But you might try filing criminal charges against the court of appeals, claiming that they failed to properly apply the law to the facts.
[01:25:10.540 --> 01:25:21.540]  Since they did not give you findings of fact and conclusions at law, your presumption must be that they did not render findings of fact or conclusions at law,
[01:25:21.540 --> 01:25:35.540]  and that they denied you in due process by allowing opposing sides to violate their own rules.
[01:25:35.540 --> 01:25:36.540]  Okay, okay.
[01:25:36.540 --> 01:25:39.540]  Yeah, well said, well said.
[01:25:39.540 --> 01:25:42.540]  That's what I was looking for, your opinion on that.
[01:25:42.540 --> 01:25:44.540]  That makes sense.
[01:25:44.540 --> 01:25:50.540]  Even though it's a rule, I'm not going to repeat what you said, I'll go back and get off the recording.
[01:25:50.540 --> 01:26:01.540]  It is a rule, and since it is a standing rule, that rule becomes a part of due process.
[01:26:01.540 --> 01:26:07.540]  And you have a right to expect that the law will be followed the way it's written.
[01:26:07.540 --> 01:26:18.540]  If they fail to follow the law the way it's written and then the process denies you in full of free access to your enjoyment of your right, that's a denial of due process.
[01:26:18.540 --> 01:26:21.540]  And it's a crime.
[01:26:21.540 --> 01:26:22.540]  Yes, I agree.
[01:26:22.540 --> 01:26:30.540]  Okay, so that may be the way they play the game, but I'm a pro-state, and I don't like breaking the rules.
[01:26:30.540 --> 01:26:32.540]  I have to have something to go by.
[01:26:32.540 --> 01:26:35.540]  So that will work for me.
[01:26:35.540 --> 01:26:40.540]  I know you've got to call the board full, so I'm going to let you move on to the other people.
[01:26:40.540 --> 01:26:53.540]  There might be just one other point you might consider in addition to shining a light on their untimeliness, you might also shine a light on their dishonesty.
[01:26:53.540 --> 01:26:55.540]  I mean, just point it out for what it is.
[01:26:55.540 --> 01:27:01.540]  Hey, they said that they're in these cases and they're not in these cases, so it's not necessarily just about the timeliness.
[01:27:01.540 --> 01:27:10.540]  It's about, they're not speaking with candor before the tribunal or however it's written in your state, in your, oh, that's still Texas, yeah, you're in Texas.
[01:27:10.540 --> 01:27:13.540]  So they didn't speak with candor.
[01:27:13.540 --> 01:27:18.540]  Exactly the words, that's exactly the words I was thinking.
[01:27:18.540 --> 01:27:30.540]  Failed to speak with candor to the court, and that's in the Bar Association stuff.
[01:27:30.540 --> 01:27:34.540]  Okay, well, that's what you guys told me two weeks ago.
[01:27:34.540 --> 01:27:37.540]  That's what I did.
[01:27:37.540 --> 01:27:52.540]  You mentioned some of the things I didn't use because I couldn't find my notes, but yeah, that's what I put in my motion was that the other parties failed to their lack of candor for the court in presenting these other cases.
[01:27:52.540 --> 01:28:02.540]  You know, so what I really was kind of agitated about, like I said, was that they ruled against me on everything, but they didn't say why.
[01:28:02.540 --> 01:28:04.540]  They didn't give me any explanation.
[01:28:04.540 --> 01:28:07.540]  They just say motion denied, sanctions denied.
[01:28:07.540 --> 01:28:09.540]  And the sanctions I was asking was that...
[01:28:09.540 --> 01:28:16.540]  That should get criminal charges against them.
[01:28:16.540 --> 01:28:17.540]  Okay, well, that's...
[01:28:17.540 --> 01:28:43.540]  Let me ask you something, when he's in the middle of this case, do you think that that situation that he just described could fit an interlocutory appeal and a demand per Texas Rules of Appellate Procedure 34.5, a demand for them to produce the findings of fact and conclusions of law that supports their apparently arbitrary and unreasonable ruling?
[01:28:43.540 --> 01:29:03.540]  I think that would be a great claim because a failure to do so would implicate the judges in criminal behavior because we have the case law that says they have no discretion in properly applying the law to the facts.
[01:29:03.540 --> 01:29:14.540]  And the court of appeals is pretty well used to doing what they want to. They're not used to having some prosaic on writing for their votes.
[01:29:14.540 --> 01:29:15.540]  Well, I didn't...
[01:29:15.540 --> 01:29:16.540]  And what would they do?
[01:29:16.540 --> 01:29:18.540]  They just don't buy the rules.
[01:29:18.540 --> 01:29:25.540]  What court are you in? What appellate court are you in?
[01:29:25.540 --> 01:29:30.540]  The one that Eddie Craig likes so much, the Fifth Circuit.
[01:29:30.540 --> 01:29:37.540]  Oh, the Sherman? No, that's federal. That's federal.
[01:29:37.540 --> 01:29:43.540]  Okay, you're up in...you're where Jesus is from.
[01:29:43.540 --> 01:29:51.540]  Most people in other states don't realize that Jesus is from East Texas.
[01:29:51.540 --> 01:29:52.540]  Palestine.
[01:29:52.540 --> 01:29:54.540]  East Texas.
[01:29:54.540 --> 01:29:57.540]  Hang on. Go ahead and break.
[01:29:57.540 --> 01:30:00.540]  We'll be right back.
[01:30:27.540 --> 01:30:55.540]  Your pharmacy may be sharing your medical information without your knowledge or consent. For example, CDS pharmacies are likely to disclose your personal health information to business associates.
[01:30:55.540 --> 01:31:01.540]  A loophole in the law allows it if parties agree to execute a contract to, quote, safeguard the data.
[01:31:01.540 --> 01:31:08.540]  Business associates could range from marketers to insurance companies, and while they might keep information locked up, there's no telling how it might come back to bite you.
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[01:31:15.540 --> 01:31:20.540]  And most importantly, take your future prescriptions to establishments that guarantee real privacy.
[01:31:20.540 --> 01:31:25.540]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.540 --> 01:33:21.540]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:31.540 --> 01:33:41.540]  You are listening to the Logos Radio Network.
[01:33:41.540 --> 01:34:09.540]  You are listening to the Logos Radio Network.
[01:34:09.540 --> 01:34:20.540]  Okay, we are back. Randy Carlson, Brett Fountain, Rule of Law Radio on this Friday, the first day of November, 2019.
[01:34:20.540 --> 01:34:32.540]  And we're talking to Ralph in Texas, and over the break, it became clear that the problem with the connection was my problem.
[01:34:32.540 --> 01:34:35.540]  Apparently, I'm having an internet issue.
[01:34:35.540 --> 01:34:39.540]  Okay, Ralph, where were we?
[01:34:39.540 --> 01:34:46.540]  Well, it looks like I'm going to do a verified criminal complaint, and I can't remember. I've got it on my computer somewhere.
[01:34:46.540 --> 01:34:53.540]  18 USC 242 or I'm not sure.
[01:34:53.540 --> 01:35:01.540]  Are you in the State Appeals Board or federal?
[01:35:01.540 --> 01:35:06.540]  Federal.
[01:35:06.540 --> 01:35:09.540]  Okay, that would be up in Sherman?
[01:35:09.540 --> 01:35:14.540]  Well, in federal, they're required to do findings, effect, and conclusions of law the whole time, right?
[01:35:14.540 --> 01:35:19.540]  Not just some judges don't think you can do it without it.
[01:35:19.540 --> 01:35:21.540]  Oh, there must be a judgment.
[01:35:21.540 --> 01:35:27.540]  Oh, wait, no, no, hold on, guys. This is appellate court. That's different.
[01:35:27.540 --> 01:35:33.540]  The ruling in the trial court must have a judgment, not in the federal court.
[01:35:33.540 --> 01:35:41.540]  So file against the federal appellate court judges. That's going to be the Fifth Circuit.
[01:35:41.540 --> 01:35:43.540]  Yeah, it was.
[01:35:43.540 --> 01:35:45.540]  That's going to make them so happy.
[01:35:45.540 --> 01:35:56.540]  Oh, wonderful. Go to the Special Agent in charge and file criminal charges against the Fifth Circuit judges.
[01:35:56.540 --> 01:35:59.540]  Oh, that'll be great fun.
[01:35:59.540 --> 01:36:11.540]  Well, that claim, oh, you should be able to get that to the Supreme.
[01:36:11.540 --> 01:36:18.540]  It'll take a while to get there, but hey, you know, I got time. They're giving me plenty of time.
[01:36:18.540 --> 01:36:28.540]  You file that with the Special Agent in charge. And when the Special Agent in charge is given known that a given.
[01:36:28.540 --> 01:36:45.540]  I'm sorry. When the Special Agent in charge has it made known to him that a crime has been vetted by a federal official, he is required to give notice to the Attorney General.
[01:36:45.540 --> 01:36:49.540]  28 USC 535.
[01:36:49.540 --> 01:37:06.540]  So when you file against the Fifth Circuit judges with the Special Agent in charge of local FBI, that guy's going to vomit.
[01:37:06.540 --> 01:37:11.540]  He refuses to act. You just start running the routine on him.
[01:37:11.540 --> 01:37:20.540]  In 2016, I called and asked why I could not bring my recorder into the court.
[01:37:20.540 --> 01:37:26.540]  And they said that was court rules and I said, well, that's not right.
[01:37:26.540 --> 01:37:31.540]  And they said, well, you can challenge it, but you're going to have to sue the entire Fifth Circuit.
[01:37:31.540 --> 01:37:36.540]  Well, let's get started three years later.
[01:37:36.540 --> 01:37:38.540]  So I'm going to start with that.
[01:37:38.540 --> 01:37:40.540]  That'll work.
[01:37:40.540 --> 01:37:51.540]  Now, don't sue the Fifth Circuit charged him criminally for denying you that I'm right.
[01:37:51.540 --> 01:37:55.540]  Well, I haven't done the recorder thing. I haven't tried to get in the court and all that.
[01:37:55.540 --> 01:38:04.540]  But, you know, I'm taking it, I'm taking it in blocks at a time instead of like steps and that I keep stumbling.
[01:38:04.540 --> 01:38:06.540]  But I'm still standing.
[01:38:06.540 --> 01:38:15.540]  Well, here you have a good case where the courts have ruled apparently arbitrarily and capriciously.
[01:38:15.540 --> 01:38:22.540]  And the process denied you in the due course of the law, I'm against them.
[01:38:22.540 --> 01:38:33.540]  Lawyers never, ever do anything like that. So these judges are not going to be accustomed to having someone pursue criminal charges against them.
[01:38:33.540 --> 01:38:40.540]  What I don't like is that they walked all over me at the trial court.
[01:38:40.540 --> 01:38:48.540]  Well, B-6, you know, dismissed it. I fought a bunch of them because every time they would file one, I would mend my complaint.
[01:38:48.540 --> 01:38:52.540]  And they got kind of irate. I could tell by one of them's language.
[01:38:52.540 --> 01:38:56.540]  But I found out I had that right. So I just kept doing it.
[01:38:56.540 --> 01:39:03.540]  And eventually it called up for me because you can only do so many appeals and then, you know, they get your scheduling order and all that stuff.
[01:39:03.540 --> 01:39:08.540]  So they just walked all over me in the trial court. So here we are in the appeals court.
[01:39:08.540 --> 01:39:11.540]  And the first thing they do is they've won an extension of time.
[01:39:11.540 --> 01:39:15.540]  So I'm like, well, go ahead. Walk all over me here.
[01:39:15.540 --> 01:39:19.540]  So they denied you in due process.
[01:39:19.540 --> 01:39:28.540]  18 U.S. Code 242. Actually, 241 because there's three of them.
[01:39:28.540 --> 01:39:33.540]  These laws apply to these judges just as much as everybody else.
[01:39:33.540 --> 01:39:45.540]  H.G. Wells in here, this outline of history on speaking to the corruption of the popes during the Dark Ages, very aptly observed.
[01:39:45.540 --> 01:39:51.540]  The giver of the law most owes the law allegiance.
[01:39:51.540 --> 01:39:56.540]  He of all beings should behave as though the law compels him.
[01:39:56.540 --> 01:40:06.540]  But it is the universal failing of mankind that what we are given to administer, we promptly presume we own.
[01:40:06.540 --> 01:40:18.540]  You need to demonstrate to the Fifth Circuit that they are merely custodians of the law. They do not own it.
[01:40:18.540 --> 01:40:24.540]  You know, I never cared much with Uncle Sam, but I kind of like Uncle Randy.
[01:40:24.540 --> 01:40:29.540]  Maybe he can teach Uncle Sam some.
[01:40:29.540 --> 01:40:36.540]  Wait a minute. Say that again.
[01:40:36.540 --> 01:40:45.540]  Can I ask if Texas State Judicial Conduct Complaints on these judges as well, right?
[01:40:45.540 --> 01:40:52.540]  Wait a minute. We're in Texas, but you can't. These are federal.
[01:40:52.540 --> 01:41:01.540]  So the Texas law doesn't count. Am I missing something?
[01:41:01.540 --> 01:41:05.540]  Oh, Ralph, we need to move them up.
[01:41:05.540 --> 01:41:09.540]  Okay. All right. Bye-bye. Appreciate it.
[01:41:09.540 --> 01:41:13.540]  Okay. Thank you, Ralph.
[01:41:13.540 --> 01:41:22.540]  We've got, it's a 1.44, so we've got two more calls, so we've only got one segment, so we've got to move quickly.
[01:41:22.540 --> 01:41:26.540]  Thank you, Ralph. That was a great call.
[01:41:26.540 --> 01:41:36.540]  Okay, my board's a little slow turning over. We're going to Ken in New York. Hello, Ken.
[01:41:36.540 --> 01:41:38.540]  Hi, Randy. Brett.
[01:41:38.540 --> 01:41:40.540]  Ken, are you there?
[01:41:40.540 --> 01:41:44.540]  Yes, I'm here. Can you hear me? Okay, Ken.
[01:41:44.540 --> 01:41:55.540]  Yes, now I can hear you. I think we're dealing with delay, and I think it's on my top, my side of the lag on my side, so we're winding up talking over each other.
[01:41:55.540 --> 01:41:58.540]  What do you have for us today, Ken?
[01:41:58.540 --> 01:42:10.540]  Okay. A tip for John, New York penal code 250.1 says we're one party state, so I guess that applies to everybody, including the cop.
[01:42:10.540 --> 01:42:27.540]  Number two, if you have something like a court, what do you call it, case law, and then you want to find out if the legislature's overruled it,
[01:42:27.540 --> 01:42:34.540]  why go knock yourself out? Call your state senator up and tell them you want to talk to a legislative aide. That's what I do.
[01:42:34.540 --> 01:42:42.540]  They follow over themselves trying to help you, especially if you form the question correctly and you sound like you know what you're talking about.
[01:42:42.540 --> 01:42:48.540]  I tell them I don't have the time to do this. I'm working 10 hours a day to pay you heavy taxes.
[01:42:48.540 --> 01:42:57.540]  I need some help here. They usually, these people probably have a full seat to us law. They can find this stuff in 10 minutes.
[01:42:57.540 --> 01:43:05.540]  If they can't, they network with other people. They'll call somebody else in another department and they'll work together to find you an answer.
[01:43:05.540 --> 01:43:09.540]  I've done it several times already. It works.
[01:43:09.540 --> 01:43:13.540]  That is a great idea.
[01:43:13.540 --> 01:43:19.540]  Yeah, I mean, we're paying for them.
[01:43:19.540 --> 01:43:24.540]  And they were especially motivated around election time to help you.
[01:43:24.540 --> 01:43:26.540]  The other thing is this.
[01:43:26.540 --> 01:43:28.540]  Okay, okay.
[01:43:28.540 --> 01:43:33.540]  Hang on, Ken. We're about to go to our sponsors.
[01:43:33.540 --> 01:43:45.540]  This is a good time to check out our sponsors. If you find value in what we provide here, check out our sponsors, help keep this show on the air.
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[01:43:58.540 --> 01:44:00.540]  We look right.
[01:44:00.540 --> 01:44:06.540]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[01:44:06.540 --> 01:44:11.540]  People feed their pets better than they feed themselves, and it's time we changed all that.
[01:44:11.540 --> 01:44:17.540]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[01:45:02.540 --> 01:45:05.540]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:24.540 --> 01:46:49.540]  Thank you.
[01:46:49.540 --> 01:46:57.540]  Okay, we are back.
[01:46:57.540 --> 01:47:01.540]  This is the rule of law radio, Randy Kelton.
[01:47:01.540 --> 01:47:03.540]  I'm Brett Fountain.
[01:47:03.540 --> 01:47:11.540]  Randy's experiencing some extreme delay on his connection there, but we're talking with Ken in New York.
[01:47:11.540 --> 01:47:13.540]  Ken, thanks for your patience.
[01:47:13.540 --> 01:47:23.540]  I mean, we're waiting for a while there, but where were we when we went off to our sponsors there?
[01:47:23.540 --> 01:47:26.540]  Ken, are you there?
[01:47:26.540 --> 01:47:31.540]  Randy, can you unmute him?
[01:47:31.540 --> 01:47:32.540]  Not just for me.
[01:47:32.540 --> 01:47:34.540]  I'm trying.
[01:47:34.540 --> 01:47:36.540]  Okay, I can hear you.
[01:47:36.540 --> 01:47:52.540]  I have one last, I have a little problem myself, an ongoing problem, but there is a website where you might be able to get answers about the nature of the ticket, and that's called newyorkparkingticket.com.
[01:47:52.540 --> 01:47:54.540]  This guy's great.
[01:47:54.540 --> 01:48:00.540]  He tells you all of the unwritten reasons you can get a ticket in New York City or get your car towed away.
[01:48:00.540 --> 01:48:04.540]  He's turning with 40 years of experience.
[01:48:04.540 --> 01:48:15.540]  There's a web, I guess, a group like a blog spot you can ask questions to.
[01:48:15.540 --> 01:48:22.540]  My problem is I've had an ongoing problem with Medicare Part D, which is a prescription.
[01:48:22.540 --> 01:48:41.540]  One of the problems I have is that in the beginning when I signed up for this, the $15 plan a month, and they told me that I had to have credible coverage, prove that I have credible Medicare coverage before I could get their program.
[01:48:41.540 --> 01:48:52.540]  They spent an hour getting my permission to get accessible in my medical records, and after all of that, this goes back to April of this year.
[01:48:52.540 --> 01:48:55.540]  There's still saying that I can't prove that I had credible coverage.
[01:48:55.540 --> 01:49:00.540]  And I said, wait a minute, they actually sent me an affidavit to sign.
[01:49:00.540 --> 01:49:03.540]  I said, I'm not signing this, you're not a court.
[01:49:03.540 --> 01:49:07.540]  And I said, credible is just like saying believable.
[01:49:07.540 --> 01:49:14.540]  I was told by Medicare that if they find me, I would have to pay the fines first and then try to get it back after I prove that.
[01:49:14.540 --> 01:49:16.540]  I said, how do you prove credible?
[01:49:16.540 --> 01:49:18.540]  I said, I think these companies are running a scam.
[01:49:18.540 --> 01:49:26.540]  I think what they're doing is they're collecting money and then you have to prove something to them to get it back.
[01:49:26.540 --> 01:49:35.540]  I said, now I had full coverage from my job through the age of 65 that had to be credible, whatever you call credible.
[01:49:35.540 --> 01:49:37.540]  This whole thing is a joke.
[01:49:37.540 --> 01:49:44.540]  And I said, my past experiences, if I pay money to somebody, I usually don't get it back.
[01:49:44.540 --> 01:49:52.540]  So far, they threatened to cut me off several times, but they still keep accepting my basic $15 a month payment.
[01:49:52.540 --> 01:49:57.540]  And they wanted to charge me a fine, and they just refused to pay the fine.
[01:49:57.540 --> 01:50:05.540]  And I called Medicare, Medicare filed a complaint against them, and now the company, it's called Wellcare.
[01:50:05.540 --> 01:50:06.540]  I'll give their name out.
[01:50:06.540 --> 01:50:08.540]  I don't care.
[01:50:08.540 --> 01:50:10.540]  They're calling me.
[01:50:10.540 --> 01:50:12.540]  They're the escalation department.
[01:50:12.540 --> 01:50:17.540]  They want to have a talk with me.
[01:50:17.540 --> 01:50:20.540]  I haven't been able to contact them yet because I've been so busy.
[01:50:20.540 --> 01:50:27.540]  I'm the retired slave working about 10 hours and 12 hours a day.
[01:50:27.540 --> 01:50:31.540]  Ken, send me an email.
[01:50:31.540 --> 01:50:35.540]  I will forward it to Scott Richardson.
[01:50:35.540 --> 01:50:39.540]  Medicaid, Medicare, that's what he does.
[01:50:39.540 --> 01:50:42.540]  He's an expert in that area.
[01:50:42.540 --> 01:50:43.540]  Yeah.
[01:50:43.540 --> 01:50:46.540]  And he will tell you how to handle these guys.
[01:50:46.540 --> 01:50:50.540]  Yeah, I'm just ignoring them.
[01:50:50.540 --> 01:50:54.540]  They haven't done nothing to me yet, and I don't think they can do anything to me yet because I asked Medicare.
[01:50:54.540 --> 01:50:56.540]  I said, who collects the fine and who keeps it?
[01:50:56.540 --> 01:50:57.540]  They couldn't tell me.
[01:50:57.540 --> 01:50:59.540]  I said, you know what that tells me?
[01:50:59.540 --> 01:51:05.540]  If you don't know, I think the insurance company holds on to the money, and I think they're perpetrating a scam.
[01:51:05.540 --> 01:51:13.540]  They can just tell everybody, you don't have credible coverage, and then they can start finding you, and then you have to prove.
[01:51:13.540 --> 01:51:18.540]  And I said, you know, to get it back, and I said, wait a minute, there's been no judgment.
[01:51:18.540 --> 01:51:26.540]  I said, where did they get to find me for something and not, you know, just on suspicion?
[01:51:26.540 --> 01:51:28.540]  I said, credible coverage.
[01:51:28.540 --> 01:51:29.540]  Can you imagine that?
[01:51:29.540 --> 01:51:31.540]  That that's the standard?
[01:51:31.540 --> 01:51:33.540]  That means believable.
[01:51:33.540 --> 01:51:37.540]  At least it does in my world.
[01:51:37.540 --> 01:51:50.540]  This sounds very much like an issue for President Trump's two executive orders goes right to this issue.
[01:51:50.540 --> 01:52:00.540]  You may be able to use those to demand that they clarify exactly what they mean by credible.
[01:52:00.540 --> 01:52:01.540]  Yeah.
[01:52:01.540 --> 01:52:05.540]  To me, that means the word credible means believable.
[01:52:05.540 --> 01:52:14.540]  And if you don't believe it, that means I'm subject to a fine without any due process.
[01:52:14.540 --> 01:52:26.540]  This may be a great opportunity to invoke President Trump's new executive orders that he just passed.
[01:52:26.540 --> 01:52:36.540]  We're signed into law tonight and became law the 11th of this month, October.
[01:52:36.540 --> 01:52:48.540]  So you might demand clarification in accordance with Trump's executive orders.
[01:52:48.540 --> 01:52:50.540]  I'll talk to you about it again.
[01:52:50.540 --> 01:52:53.540]  I'll beg off for now, and then maybe you can squeeze one more call.
[01:52:53.540 --> 01:52:57.540]  Good night.
[01:52:57.540 --> 01:53:00.540]  Thank you, Ken.
[01:53:00.540 --> 01:53:03.540]  Now we're going to go to Shane in New York.
[01:53:03.540 --> 01:53:05.540]  Hello, Shane.
[01:53:05.540 --> 01:53:06.540]  Hello, Randy.
[01:53:06.540 --> 01:53:09.540]  How you doing?
[01:53:09.540 --> 01:53:10.540]  Doing good.
[01:53:10.540 --> 01:53:12.540]  Except we've got a lot of lag here.
[01:53:12.540 --> 01:53:20.540]  I'm going to let Brett pick things up because my internet is too slow.
[01:53:20.540 --> 01:53:26.540]  Well, I had an arbitration hearing this week, by the way.
[01:53:26.540 --> 01:53:28.540]  Okay, what happened?
[01:53:28.540 --> 01:53:34.540]  Well, the order is issued, I think, yesterday and it's in the mail.
[01:53:34.540 --> 01:53:36.540]  So I'm waiting for it to come in the mail.
[01:53:36.540 --> 01:53:42.540]  The arbitration with Ms. Leslie and just waiting for that to come in.
[01:53:42.540 --> 01:53:44.540]  So that was good to get that out of the way.
[01:53:44.540 --> 01:53:48.540]  And I started the process back in July and I was going to ask Randy.
[01:53:48.540 --> 01:53:53.540]  I did send him the contract letter, e-mailed it to him.
[01:53:53.540 --> 01:53:58.540]  I never heard back from him because there was a little issue with what we were discussing.
[01:53:58.540 --> 01:54:00.540]  I think it was last week, wasn't it?
[01:54:00.540 --> 01:54:02.540]  I don't know if Randy disappeared.
[01:54:02.540 --> 01:54:12.540]  But I did file a bar grievance against the attorney that's representing the pretend lender in bankruptcy court.
[01:54:12.540 --> 01:54:20.540]  And they sent a letter back to me in October 24th, stated that it appears that I need legal advice.
[01:54:20.540 --> 01:54:26.540]  After all the fraud, I pointed out in my complaint to the virus association.
[01:54:26.540 --> 01:54:28.540]  I thought about that.
[01:54:28.540 --> 01:54:35.540]  In other words, will you please get a lawyer to talk to us because the lawyer won't treat us so badly?
[01:54:35.540 --> 01:54:36.540]  Yeah.
[01:54:36.540 --> 01:54:46.540]  Yeah, it's said here that the letter, it appears that you're requiring legal advice, which this office is unable to provide.
[01:54:46.540 --> 01:54:47.540]  Imagine this.
[01:54:47.540 --> 01:54:55.540]  Therefore, you may wish to consult a private attorney to determine the best matter into which to proceed.
[01:54:55.540 --> 01:55:03.540]  And then they courted out 22 CFR 1240.71.
[01:55:03.540 --> 01:55:07.540]  So they just hide behind all these rules and they don't even address the issues at all.
[01:55:07.540 --> 01:55:09.540]  So I did follow through on that.
[01:55:09.540 --> 01:55:17.540]  And I was wondering if you can appeal that or do a rehearing on that for the bar grievance department?
[01:55:17.540 --> 01:55:22.540]  Or is that just basically just dead in the water at that point?
[01:55:22.540 --> 01:55:26.540]  The evidence is incredible.
[01:55:26.540 --> 01:55:30.540]  To appeal the bar grievance itself?
[01:55:30.540 --> 01:55:31.540]  Yeah.
[01:55:31.540 --> 01:55:33.540]  I don't know how that works in New York.
[01:55:33.540 --> 01:55:38.540]  I know that Texas, I've just discovered that there is an ombudsman.
[01:55:38.540 --> 01:55:53.540]  And that the purpose of that position is to see about issues that happened, whether or not the procedures are being followed properly in the bar grievance internally.
[01:55:53.540 --> 01:56:00.540]  So, and also to take your feedback on how you think that the flow is going.
[01:56:00.540 --> 01:56:05.540]  And if there are any suggestions that you have that would improve the procedures.
[01:56:05.540 --> 01:56:09.540]  That ombudsman is a good one.
[01:56:09.540 --> 01:56:11.540]  You may or may not have that in New York.
[01:56:11.540 --> 01:56:17.540]  I'm not sure, but you might want to look into that.
[01:56:17.540 --> 01:56:32.540]  But as Randy has mentioned before, that the result of getting a letter back that says, oh, we have disciplined this person, that's not necessarily the result that you're, don't get disappointed if you don't see that result.
[01:56:32.540 --> 01:56:57.540]  Because the lawyer gets the spanking, not necessarily from the nominal overview committee, but also by his insurance, his risk insurance is going to deal with him just like if you had an accident in your car, you keep having accidents and then they raise your rates and they drop you.
[01:56:57.540 --> 01:57:01.540]  So that's, he gets that effect either way.
[01:57:01.540 --> 01:57:05.540]  Yeah, I'm going to send it back to him and ask for a re-hearing on this.
[01:57:05.540 --> 01:57:08.540]  I know they have those, but I know we're running out of time here.
[01:57:08.540 --> 01:57:10.540]  We're done only two minutes.
[01:57:10.540 --> 01:57:18.540]  And I just was just going to mention one point, I still have not been served for the bankruptcy case.
[01:57:18.540 --> 01:57:22.540]  I'm not sure if you know the whole story or not, but it's too long and we don't have enough time to get into it.
[01:57:22.540 --> 01:57:32.540]  But I did a quick claim on the property of fellow bankruptcy on my mom's property she had for 45 plus years and to stop the sale of the property from back in the summertime.
[01:57:32.540 --> 01:57:37.540]  And they just lifted the sale and I want to rein in arbitration with Miss Leslie.
[01:57:37.540 --> 01:57:47.540]  And I'm getting invoices and letters from Mr. Cooper down to Dallas Texas right now stating that they're waiting for them to litigate it.
[01:57:47.540 --> 01:57:55.540]  And they do not have the note, they do not have the assignment is completely fraudulent and robosigned.
[01:57:55.540 --> 01:57:59.540]  And for God's sake, the loan was charged off years ago.
[01:57:59.540 --> 01:58:08.540]  And Mr. Cooper just bought it back in March of this year for, I think they bought out some tariffs for $48 billion.
[01:58:08.540 --> 01:58:16.540]  And I was going to just see if they're going to have to serve me, I think, since I have owned the property and they haven't done that yet.
[01:58:16.540 --> 01:58:25.540]  So that was the only question I had and I had some others, but there's no way we can get into it now because we're down to like our last minute.
[01:58:25.540 --> 01:58:31.540]  Orangy, you have anything, any comment about that that you could offer?
[01:58:31.540 --> 01:58:38.540]  No, we just, we're out of time. We only got about 15 seconds left. Thank you everyone for listening.
[01:58:38.540 --> 01:58:43.540]  We'll be back next week, same time, same station.
[01:58:43.540 --> 01:58:46.540]  Thank you all and good night.
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