Going Through the Motion

Bill Schmalfeldt is now peddling his lies over at allvoices.com. In one of his posts this evening he wrote this:

They denied my initial motion on Sept. 4 after getting a pack of lies from Hoge’s lawyer saying I had filed an appeal in the circuit court, and I hadn’t filed an appeal in the circuit court, and I needed to file an appeal with the circuit court before I could file an appeal with the circuit court, and before I could file an appeal with the Court of Appeals or some other nonsense.

That completely misrepresents the Motion to Dismiss Petitioner’s Motion for Stay Pending Appeal filed by my lawyer Zoa Barnes.

Sigh. Can his reading comprehension really be that bad?

<fisking>If the Gentle Reader will read that short motion, he will see that Ms. Barnes pointed out that Md. Rule 8-425 prescribes that a motion for injunctive relief (such as a stay of a peace order) shall be filed with the Circuit Court unless it is not practicable.

(b) Motion in circuit court. Unless it is not practicable to do so, a party shall file a motion in the circuit court requesting relief pursuant to Rule 2-632 before requesting relief from the appellate court under this Rule.

Words have meaning. Here’s the meaning of practicable.

prac·ti·ca·ble adj. \ˈprak-ti-kə-bəl\ : capable of being put into practice or of being done or accomplished : feasible

So the Rule means that Schmalfeldt’s motion for a stay should have been filed with the Circuit Court unless that was impossible. The Cabin Boy was able to file his motion to modify the peace order there, and nothing prevented him from filing his motion for a stay with the Circuit Court. He simply filed it with the wrong court, and my lawyer called the Court’s attention to his error.</fisking>

It’s possible that when the Court of Appeals takes up the Cabin Boy’s motion to reconsider its denial of his original motion for a stay, the Court may waive the Rule.

We’ll see.

1 thought on “Going Through the Motion

  1. B.S. seems really upset that your lawyer used a procedural tool to get his motion dismissed. By why shouldn’t she have used any tool at her disposal to serve your cause. After all your are paying her. It has the added benefit of not revealing your hand unnecessarily.

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