A Comment on Not Commenting


There is a great deal that I could say about, for example, the pending court matters in the Hoge v. Schmalfedt peace order case and the Schmalfeldt v. Hoge appeal of the peace order. I could publish the various motions and such that have been filed and comment on the contents of each one. Looking the history of traffic to this blog leads me to believe that the number of hits the site receives would increase significantly it I were to post such things.

So why not?

Because I’m a party to those cases, and, as a party, I believe I should put my side of the case before the appropriate court and not try the case on the Internet. I have no objection to someone else who thinks the cases are newsworthy writing about the them. However, any comment beyond acknowledging that a filing was made or stating that I expect to prevail in the case is not in my best interest. The papers filed with the courts do not show everything my lawyer and I know or will eventually have to say about the cases. The bulk of the evidence and arguments are saved for use in hearings, and I have no desire to improve my adversary’s game by showing him my hand.

The Gentle Reader should remember what has transpired thus far. I brought the Hoge v. Schmalfeldt case in February and lost in the District Court. I appealed for a trial de novo in the Circuit Court and finally won the case in June. For the 3-1/2 months between the two trials I put up with a great deal of harassment. I let Bill Schmalfeldt rant while I waited patiently. I did not publicly discuss any significant details of the case. And I won. Only after that win in the Circuit Court did I offer my side of the case in any detail.

I’m sticking with that strategy.

I expect that the Court of Appeals will deny Schmalfeldt’s motion to reconsider their denial of a stay of the peace order. I expect that the Circuit Court will deny his motion to modify the peace order. I have no expectation one way or the other concerning the Court of Appeals granting a writ of certiorari and actually taking the appeal.

I could be wrong. We’ll see, but don’t look for any detailed comments about pending matters from me until after a court ruling.

BTW, I will most likely use the same strategy as one of the et al. in Kimberlin v. Walker et al.

5 thoughts on “A Comment on Not Commenting

  1. People should just ignore cyberstalking lying freaks of nature, especially on Twitter, and not engage them.

    It is a good idea not to post motions, etc., on your page because people are human and cannot resist commenting, which could inadvertently give aid to your opponents.

  2. I understand your strategy and intent. It’s just that I would love to have your commentary and reactions to the baldfaced lies in the motions. But then, I’m easily entertained.

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