Res Judicata

Bill Schmalfeldt seems to have some sort of fantasy about the upcoming hearing on his motion to modify the peace order issued against him as some sort of trial de novo during which he can relitigate the facts of the case. Res judicata is the legal doctrine meaning that once a matter is judicially decided, it is finally decided. The doctrine bars relitigation of matters that have already been determined in adjudication.

It is already a settled matter of legal fact that I put Schamlfeldt on notice to stop contacting me and that he continued to do so in a way that harassed me. Those facts are not up for grabs. Those findings are a done deal, and, yet, the Cabin Boy thinks they are still open questions. For example—frr201310042120ZSchmalfeldt’s questions have already been answered. The evidence is already a part of the record. In both the District Court and the Circuit Court is was proven that I sent a notice to @oldunclebastard. Bill Schmalfeldt admitted under oath in both courts that @oldunclebastard was his account. A tweet by @oldunclebastard referencing my notice was admitted into evidence in both trials, and Schmalfeldt authenticated the tweet as his. The connection between that tweet and the reference it made to the notice was brought out in the Circuit Court trial, leading the judge to find that Schmalfeldt was, in fact, on notice. Since the matter has been adjudicated, I will not have to prove something that is already proven.

BTW, it doesn’t matter who sent the notice to leave me alone. The harassment statute reads

3-803. Harassment
(a) Prohibited. — A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:
(1) with the intent to harass, alarm, or annoy the other;
(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and
(3) without a legal purpose.

Emphasis added. A third party can make the request to stop.

I’m beginning to wonder if the Cabin Boy has reached the point were he can’t even afford advice from Acme and is now making it up as he goes along.

10 thoughts on “Res Judicata

  1. It’s possible CBBS is listening to another person who doesn’t heed the useful advise…” A person who represents himself in a court of law has a fool for a client.” Sound like anyone we know?

  2. Could someone be leaving themselves open to “Unauthorized Practice of Law” charges? Inquiring minds want know!

  3. Perhaps Acme law is no longer available to him. Not a matter of affordability. They just aren’t his friends any more.

    Maybe they found out he told some people things that they didn’t want him to.


  4. He claims he is no longer taking his medication, because he claims it doesn’t work anymore, and he claims his doctors agree with that decision. But his getting worse is Hoge’s fault, despite that conscious choice that Hoge had nothing to do with.

  5. Self immolation is out of the question for Billy boy now. That would take a truck load of gasoline. :o/

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