About wjjhoge

An expert on nothing with opinions on everything.

Team Kimberlin Post of the Day


The Cabin Boy™ is becoming more immersed in Acme’s version of the law.@grouchcast365|201507052227Z

Here’s how the State of Maryland defines the crime of stalking:

MD Code, Criminal Law, § 3-802

“Stalking” defined

(a) In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:

(1)(i) of serious bodily injury;
(ii) of an assault in any degree;
(iii) of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;
(iv) of false imprisonment; or
(v) of death; or
(2) that a third person likely will suffer any of the acts listed in item (1) of this subsection.

Does the Cabin Boy™ really believe that the posts at Billysez are malicious and that they are intended to place him in reasonable fear of bodily injury, assault, rape, false imprisonment, or death? His claim that the items shown in his tweet amount to stalking under Maryland law seems to be patently—and provably—false.

Elsewhere, the Cabin Boy™ has said that anything written about him that is not provably true is defamatory. That’s wrong. As Brett Kimberlin found when he tried to sue Aaron Walker, Stacy McCain, Ali Akbar, and me, the burden of proof is on the plaintiff in a Maryland defamation case, and that burden requires proof of falsity.

IANAL, but a provably false accusation that someone has committed a crime seems to be defamation per se.

It looks as if Bill Schmalfeldt is digging himself an ever deeper hole in a case in which I have no involvement. I think that I’ll enjoy the chance to sit back and watch.

Now, where did I put that popcorn?