Team Kimberlin Post of the Day

Bill Schmalfeldt said he believed that the Carroll County State’s Attorney’s Office will not go forward with prosecuting him on any of the charges of violating the peace order against him because he believes that the peace order is defective. He said the charges would be dropped by yesterday. It appears he was wrong.

Injuria non excusat injuriam. That’s legal Latin for “injury does not excuse wrong.” It is a settled matter of law that the subject of a court order is bound to obey it, even if it is unconstitutional, until it is overturned by a higher court. Period. See the Supreme Court decision Howat v. Kansas, 258 U.S. 181, 189-90 (1922) [cited with approval in Walker v. City of Birmingham, 388 U.S. 307, 314 (1967)].

The questions in State v. Schmalfeldt are 1), was there a peace order in force (yes) and 2), did Bill Schmalfeldt contact, attempt to contact, or harass me in violation of that order? We will see what the State’s Attorney’s Office does and what the court finds.

Stay tuned.

3 thoughts on “Team Kimberlin Post of the Day

  1. We live in a country predicated on the notion that American citizens have certain inalienable rights. If judges can restrict those rights in direct violation of the Constitution those rights cease to be inalienable. It may be “settled” that judges can suspend the Constitution but it simply isn’t true. If the right to free speech can be arbitrarily taken for one hour it can be taken for one year, or one lifetime. If it can be done to one person, it can be done to every person.

    Schmalfeldt’s problem is the Constitution doesn’t privilege harassment. Even if the Unconstitutionality of a judicial order constituted a complete defense Schmalfeldt still would have no defense whatsoever.

  2. So when Aaron was prohibited from even writing about or even mentioning Kimberlin he obeyed the ruling while he was appealing it. And that was despite the Cabin Boy’s sad and pathetic attempts to get him to violate it. Now why would the Cabin Boy go to all that trouble if he didn’t think that Aaron would get in trouble for breaking that rule?
    Now we see the troll says that sending @ mentions to Mr. Hoge does not violate the courts order pertaining to him. Funny how his outlook has changed when it’s him that has to abide by a court order. And not an unjust order like Aaron was saddled with, but a well reasoned order that only restricts his right to directly contact someone.
    It might be interesting for someone to ask the Cabin Boy under oath why he worked so hard to get Aaron to break the order he was under.

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