Now that the frivolous peace order and false criminal charge related to harassing a minor child have both been disposed of, I want to encourage those who wrote and/or published defamatory articles or comments about me to retract their statements and apologize for them.
The Hoge v. Schmalfeldt Howard County peace order petition hearing was held before Judge Timothy McCrone this morning. Judge McCrone applied res judicata to the Carroll County District Court denial of the Carroll County petition and dismissed the Howard County petition. The Carroll County appeal will be held on 7 August.
UPDATE—A couple of details about the morning …
First, Brett Kimberlin accompanied Bill Schmalfeldt to the hearing.
Second, the Cabin Boy™ asked the judge if he could ask the name of someone sitting in the courtroom. Apparently, Schmalfeldt felt the person was someone connected with the case. The judge deferred ruling on the Cabin Boy’s™ request, and the matter never came up again.
UPDATE 2—For those who are confused about what has happened, here’s a timeline of the case so far.
1 May: Peace order petition filed in Carroll County. Ex parte hearing before Judge Ellinghaus-Jones. Temporary order granted.
8 May: Final peace order hearing in Carroll County District Court. Judge Clark denies the petition for improper venue. When the court’s computer system does not allow her to transfer the case to Howard County, she suggests that I refile the petition there.
8 May: Petition refiled in Howard County. Ex parte hearing before Judge Zwaig. Petition denied because the judge believed that Schmalfeldt has a First Amendment right to comment on someone’s blog even when he has been asked not to do so.
Both District Court denials were appealed
Today: The Howard County appeal was denied because Judge McCrone applied res judicata to the 8 May Carroll County ruling. He stated that the matter belonged in Carroll County.
7 August: The de novo appeal of Judge Clark’s ruling. Stay tuned.
The Hoge v. Schmalfeldt peace order petition is on this morning’s docket in the Circuit Court for Howard County.
Speaking of batting a thousand at failure …
The Dreadful Pro-Se Schmalfeldt files his Schmalfeldt v. Johnson, et al. LOLsuit in U. S. District Court. On my motion to dismiss it is thrown out for lack of subject matter jurisdiction, that is, the Cabin Boy™ filed suit in the wrong court. Strike One!
TDPS files his Schmalfeldt v. Hoge, et al. LOLsuit2 in the Circuit Court for Howard County. On my motion to dismiss it is thrown out for improper venue, that is, the Cabin Boy™ filed suit in the wrong court. Again. Strike Two!
And now the pitcher holds the ball, and now he lets it go,
And now the air is shattered …
I’m told the Cabin Boy made a big production on his Blog Talk Radio show today of not announcing his decision as to whether or not to show up for the peace order appeal hearing on Thursday. Either he will or he won’t. Whether he does or not, I will still have to present evidence of his harassment to the court. I’m prepared to present the same case that convinced Judge Clark that a peace order was justified. She didn’t grant the order because of her understanding of the venue issue. I will also supplement my original case with admissions that the Cabin Boy made before Judge Clark.
During the District Court hearing, Judge Clark remarked to the Cabin Boy that she understood why someone would never want to hear from him again. If he shows up and if his demeanor is similar to what he displayed in the District Court, he’ll do a lot to help me make my case. We’ll see if he bothers to come.
Actually, anonymous or pseudonymous comments are welcome here at Hogewash! so long as they comply with the sites Terms which can be found on The Fine Print page. I have let the Cabin Boy™ and his buddies from Team Kimberlin post on the site, but not when they were using someone else’s name.The Cabin Boy™ likes to refer to me as a hypocrite. Indeed, his presumed “right” to call me out for the hypocrisy of complaining about the comments that he and his friends had been sending to this blog was the excuse he gave Judge Clark during the 8 May peace order hearing.
The Circuit Court for Carroll County has scheduled the appeal trial for my peace order petition against Bill Schmalfeldt for the morning of 7 August.