Bill Schmalfeldt has been whining over the past few days about the terse filings my lawyer Zoa Barnes has made in answer to his motion to stay the peace order issued against him pending appeal and his petition for a writ of certiorari to the Court of Appeals. This isn’t surprising behavior from a pro se litigant who is apparently being advised by a jailhouse lawyer.
All that is required in those answers are denials of the “facts” or interpretations of law that the Cabin Boy offered.
If the Court of Appeals takes the case and, given the shakiness of Schmalfeldt’s arguments, my lawyer and I consider that a pretty big if, the Court may ask for briefs. In the normal course of events mine would be filed in response to the Cabin Boy’s and then he would have an opportunity to file one more brief before the Court heard oral arguments. If briefs are called for, mine will be filed as the Court directs. Until then, I don’t plan to give Schmalfeldt any further information that might be used to his advantage.
Also, the Circuit Court will soon hold a hearing on Schmalfeldt’s motion to modify the peace order. Ms. Barnes will present our side of the case at that hearing, and I don’t plan to comment any further about it other than to say that I believe we will prevail in that hearing. Why would I tip the Cabin Boy off to our arguments so that he can be better prepared against me?
Until the two courts take their decisions, I do not wish to discuss the merits of the cases beyond saying that I expect to win.