Bonus Prevarication Du Jour

Bill Schmalfeldt is now trying to spin his misunderstanding of the legal concepts of jurisdiction and venue into a story that I agree that he should be tried in Howard County instead of Carroll County. He posted this over at Patriot-Ombudsman (No, I won’t link to it.).P-O20140109Unfortunately for the Cabin Boy, harassment occurs where the victim is located. Since I was at home in Carroll County when I read his tweets, the crime that he seems to be admitting to in his post occurred in Carroll County and is chargeable and triable there.

For me, the most interesting thing about the Cabin Boy’s post is how I learned about it. But I’ll save that for later.

UPDATE—The rule about the crime occurring at the location of the victim is old, old case law. An example of its application to a Maryland harassment case can be found in Galloway v. State, 781 A.2d 851 (2001). Galloway was a prisoner in a state facility in Washington County who harassed his victim by mail. The victim was in Anne Arundel County. Galloway was charged, tried, and convicted in Anne Arundel County. He appealed his case, and the Court of Appeals upheld his conviction. He appealed to the U. S. Supreme Court which declined to hear his appeal.

UPDATE 2—The Cabin Boy is trying claim that since Galloway had lived in Anne Arundel County prior to his incarceration, that he was a resident of that county when he mailed his letters from prison. That is, of course, wrong. Both the state and the federal census view the place of incarceration as a prisoner’s residence. Since 2010, Maryland has been rejiggering the federal census data with the pre-conviction address of prisoners in order to “move” them from rural areas (where most prisons are) to the urban areas for the purpose of drawing legislative districts. This has the effect of reducing the apparent population of rural counties (Republican voting) so that they receive fewer seats in the Legislature. However, Galloway was charged and tired over a decade before that law was enacted, so he would have been considered a resident of Washington County even for legislative reapportionment at the time of his harassment trial. Indeed, a prisoner in Washington County is still considered resident there by the State of Maryland for every purpose except gerrymandering.

45 thoughts on “Bonus Prevarication Du Jour

    • Shhh, Rain. Even though WJJH has explained this before, CBBS forgot. If you appear in a court and don’t argue jurisdiction in the beginning, you concede jurisdiction. He conceded jurisdiction almost a year ago. Oops.

    • Oh, he was arguing venue and jurisdiction at the hearing on the motion to extend the PO. Didn’t work.

  1. Has anyone noticed that all CBBS does is copy things that KU and WJJH do on their blogs? Cartoons, Johnny Atsign. Creative juices drying up, I guess.

  2. Oh, here we go – the meltdown continues as the countdown to Jan. 29 progresses. CBBS seems to think that what people post on their blogs, and what he THINKS those posts mean, are dispositive arguments in a court of law. As opposed to, of course, oral arguments, briefs, and actual law.

  3. I see Projection Bill is keeping it smart and classy, between the hopes for mass suicide once the charges against him are dismissed, to the legal acumen that did him so many favors last time in court, to the fantasies of Bushido where BS thinks he has any honor. And that’s just the past hour or so!

  4. It’s hilarious watching him stalk this blog and get more pissed off as more people post on here. Anyone ever notice that? He start screaming on his twitter account louder and louder by each post on here. GUYS GUYS GUYS look at me! Acme Law said I was right!

    • what cracks me up is how he goes over an over the same tired re-trod ground thinking any of it is going to help dismiss that extension. Not Gonna Happen.
      Of course he could just talk to an attorney Oh, yeah he can’t afford one because most of his “friends” ignored his begging…. too bad, so sad NOT.
      Oh and Fuck You Bill.

  5. Let’s review all the people who would have to be wrong for Bill to be right.

    1) Tae Kim. He had an easy way, according to Bill, of getting him out of trouble and it never occurred to him.

    2) several different commissioners in carroll county. after all they should have recognized John didn’t have venue out of the gate.

    3) the Carroll Co. state’s attorney, repeatedly, not recognizing that this was actually none of their business.

    4) the Mont. Co. commissioner’s office, for charging me and John with harassment multiple times at Brett Kimberlin’s request. according to Schmalfeldt’s analysis, Brett should have come to VA to file charges against me. And he;d have to go to Carroll Co. to file charges against Hoge.

    5) all of the judges for not recognizing this was an issue. Judges do think for themselves you know.

    I’m not even sure how many people total that implicates, but apparently Bill is smarter than all of them!

    And he accused John of hubris? Accuse the accusers, i suppose.

    Btw, if a person stands at the border for Virginia and fire a gun into MD and hit a Marylander, and assuming that no defense applies, where is the crime of murder committed? Maryland.

    • He keeps digging. Now he thinks that if you commit a crime in one county, you will be charged based on your residency, not where the crime occurred. He is his own worst enemy. People like this drive the courts nuts.

      • he also seems to think since he is now facing criminal charges that that somehow forces a change to the venue he can be prosecuted in but apparently this is sooper sekrit knowledge only he and not the judge, SA or anyone else in the court has…. O.o
        Oh and Fuck You Bill.

  6. Heavens above, now he is citing a portion of GALLOWAY that addresses intent to support his argument re: jurisdiction. The mind boggling thing is that he thinks he’s so clever when he is so wrong. So very, very wrong.

  7. Had to get some popcorn. Now he’s confusing civil discovery rules with those governing criminal prosecutions. But he knows all about the law with that high school diploma. Why does anyone bother going to law school when it’s all so darn easy?

  8. Boy, seems like you hit it pretty close to the mark to get BS all riled up, Mr. Hoge. He seems a tad panicked at the very idea the SA talked to you. He really should call up his super-secret connection in the clerk’s office to help him out.

    • Noting that it is sheer speculation on all our parts that the SA spoke to WJJH, if the SA did, that is a victim’s conference. Neither the alleged criminal nor his/her lawyer is invited to such a chat. As you commented, interesting how the very thought of such a talk is alarming to BS.

    • Naw, he’ll just spin his wheels tomorrow looking for malfeasance and conspiracies where there are none. Heaven forbid that the victim in a criminal case seek legal counsel to look after his interests.

    • Correction, Little Willy Ferguson aka VOSF, aka Moron is running a close second. Oh wait, you said criminal… far as I know VOSF is just profoundly stupid, not yet a criminal But if he keeps taking lessons from Baghdad Bob, he might attain that status.

  9. Its funny. Every week or so he gets an AWESOME NEW LEGAL THEORY, that proves HE DID ABSOLUTELY NOTHING WRONG and he predicts DOOM DOOM DOOM on Hoge, myself, et. al. And then he learns one way or another that he is wrong.

    And by funny, i mean sad, kind of.

  10. It gets better. BS should read the actually charging language document on the court website. It might explain what he thinks is an inconsistancy in John’s statements.

    Charging language for 3-805 states clearly in the note, that the sender may be charged where the email was sent or received…
    Given that a state is unlikely to go through the hassle of extridition for a misdemeanor, Aaron and Lee used their right to complain where the email was sent. John chose to complain where the email was received.
    No contradictions there. And sorry BS, it is the victim that gets to choose which of the two venues to complain…

    • So. Wait. Wha? You mean that a person will be held responsible for their actions where-ever the effects of those actions are felt? And is responsible TO those injured (tort) by those actions?

      ZOmG!1!!!!eleeventy!!! That is deep man, deep.


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  12. I am going to do something dangerous for a moment here. I am going to take one of Senor Neckroll’s claims of law seriously.

    Let’s say that Hoge has to prove, beyond a reasonable doubt, that he received the tweets in Carroll County.

    Um, okay, so the evidence on the subject would go something like this:

    1) John testifies he did.

    2) the prosecution brings out in testimony that he lives in Carroll County, as indicated by his driver’s license, etc.

    3) the prosecution brings out in testimony that John is retired.

    4) probable collaborating testimony of Mrs. Hoge, their son, and maybe others, if the prosecution decides it isn’t just overkill at that point.

    So, where is the reasonable doubt that none of the around 400 tweets were received at home? Is it reasonable to believe that John just happened to be out of his county each and every time he received them, even though he would have little chance to predict that he would receive them and when, if memory serves, he was receiving them constantly all day? And then got his wife and son to lie to help him out and possibly others? Really?

  13. Btw, on residency, it is actually a fairly fluid concept in the law, which is why jurisdiction and venue has nothing to do with it. For instance, famously George H.W. Bush was considered a resident of Texas for tax purposes while he was President, and this is not even slightly out of the ordinary–contrary to what some liberal commenters think. I wrote about it in my patterico days, here:

    The fact is if i went to a hotel in Maryland for the night, i don’t become a resident of Maryland. But on the other hand, if i am stabbed (or harassed) while there, the crime has undeniably been committed in Maryland. Because the fact i am a virginian has nothing to do with it.

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