Team Kimberlin Post of the Day

It seems that the Cabin Boy™ is still getting his legal advice from Acme.@PatO201404292348ZWhere to begin? I guess I’ll just take it from the top.

1. Schmalfeldt did not file an “appeal brief;” all he filed was a Civil Appeal Information Report for the Court of Special Appeals. According to Md. Rule 3-803, one key item is missing from his petition. Since he’s pro se, the Court of Appeals may overlook the omission, but even if they do, he has raised no new legal arguments. Since he has given them no new reason to hear his appeal, I expect that they will deny his petition on the same grounds as they did last time.

2. Res judicata applies to the original peace order. That case is closed and not subject to relitigation. That matter is settled.

3. Schmalfeldt v. Hoge is on the Court’s Petition Docket. This only means is that the Clerk has received it and assigned it a tracking number. It does not mean that the judges have accepted the case for an appeal. If they do, it will be moved to the Regular Docket, and the case will proceed as the Court directs. In the unlikely event that the appeal is allowed, the next step is usually a round of briefing from the petitioner and respondent. We’ll see if it gets that far.

Stay tuned.

UPDATE—I’m told that the Cabin Boy™ is blabbering on teh Twitterz about how wrong I am.

Uh, huh

Like they say in the financial prospectuses, “past performance is not an indicator of future returns,” but it’s a safe way to bet. So consider how accurate Schmalfeldt’s predictions from 2013 of my crushing defeat in the appeal to the Circuit Court, my being clapped in irons (I found that one particularly amusing), or his quick victory in the Court of Appeals. You can believe Acme, or you can believe what real lawyers tell me. Either way, your belief will have no effect on what the Court does.

So chill.

And stay tuned.

80 thoughts on “Team Kimberlin Post of the Day

  1. You had to explain this?

    This is incredibly obvious. Anyone graduating from high school should know this. If you don’t raise new issues, you’re just spamming the legal process.

    But this is Maryland. You never know, except that they are unlikely to do anything that stops those abusing the process, so what’s the downside in a bad guy spamming the legal process?

  2. So, if they allow the appeal, it still wouldn’t be decided until months after the peace order has expired. Given that the original order will not be expunged, no matter what Boxer’s Napoleon is telling him, it won’t do him any good. He’ll be an adjudicated harasser. I can only assume that his “friends” hope it will keep you busy while they try to pull yet another something past the courts in one or more of BK’s marvelous adventures.

    • That’s true. It could be mooted unless another renewal is requested.

      I don’t see how these people expect to say with a straight face that you can’t harass someone on twitter when they are doxing families, children, workplaces of loved ones, in a matter emanating from a very violent bad guy. For all the bluster of ‘the judge didn’t even own an iphone’, the case for incredibly disturbing harassment is compelling.

      I personally don’t see how ‘don’t contact that guy’ is prior restraint, either. But I also think at some point, someone is obviously going so far that prior restraint might be the right decision. There are plenty of people whose behavior with computers results in a ban from using computers. In a way, that’s prior restraint. I think some of these people, the clearly mentally disturbed ones, should face such a ban, and also be forced into psychiatric counselling.

      One of the ugliest things about these people is how they repeatedly seek out paranoid nuts to be the tip of the harassment spear.

      • There is absolutely no issue of prior restraint. No court has prohibited the clown from speaking ABOUT anything. What was prohibited was speaking TO someone. This is a distinction that the clown pretends not to grasp. By repeatedly and vociferously pretending not to grasp it, he manages to persuade people that this is an issue of free speech. Free speech has nothing to do with this case. He is free to spew his nonsense to anyone who wants to listen to it. Mr. Hoge does not want to be spoken to by the clown. This is about Mr. Hoge’s right to privacy and quiet, not the clown’s right to babble.

      • “By repeatedly and vociferously pretending not to grasp it, he manages to persuade people that this is an issue of free speech.”


        Yet as I consider this BS deflection, I realize that conduct actually can rise to the point where prior restraint in some limited capacity is completely justified. It just makes sense to say “your conduct is so awful that you are hereby barred from using a computer for the next year”. That would probably do this suffering, miserable guy a huge service, as would a great psychiatrist.

        I have never had a problem not contacting someone I don’t wish to contact, on twitter or anything else, but by continuing with this stuff he has been able to actually use the process to further the very thing he was being stopped from doing (harassing a Kimberlin critic). Funny how MD’s system keeps winding up that way, IMO.

      • What I find deeply disturbing in this whole matter is that TDPK was able to convince a judge to summarily apply prior restraint and LOCK UP Aaron Walker for much clearer non-contact; but our esteemed host has a standing PO violated hundreds of times and … bubkis.

        The preliminary judiciary in the DC area is a disgusting mish-mash of activism and incompetence (IMAO).

      • Gus – IIRC, AW wasn’t prosecuted criminally by a state attorney; he was accused of contempt. Perhaps that avenue should be explored by our host.

  3. Of course he’s not the center ring; he’s not even in the tent. He’s the sideshow geek, standing outside biting the heads off live chickens.

    And he’s up early. Gonna be a long day it seems.

    • Fatboi does seem to be in rare form…and is still a moron (I don’t think that fact will ever change).

  4. I wonder what kind of robes the Clerk of the Court of Appeals wears? I don’t know, but given the specialness some ascribe to him it must be pretty impressive. Bet there’s a sash and maybe even a miter.

  5. In slightly related news, Sister Act closed to poor reviews and limited box office returns. Fans are anticipating the release of My Left Foot in coming weeks.

    • Looks like Fatboi is a fan of Roger Rabbit! Maybe one of Fatboi’s books becomes a “made for TV special!” No, that can’t happen, you have sell some books before a movie deal comes through the pipes.

      • Oh my goodness – as juvenile as her brother. “Oooooh… I’m telling!!eleventy!! You’ll be in BIG trouble !eleventy!”

        Continuing his mission of harassment will certainly have different results… /sarc

        My goodness those people are STUPID. hahahahaha

      • I guess that’s what they mean by telling us how she always wins because she doesn’t play fair. However, we’re adults now, and we can tell when someone is being a nasty little tattler, and we dislike them as much as we did when we were kids. Especially when we know that they’re only tattling because they are a) in the wrong, and b) too weak and cowardly to deal with things directly.

        Not that we needed more proof that Bill was a coward.

      • Strange that she spent the night telling people not to @ mention her when her dear old brother is putting together a landmark case to get the @ mention declared not contact.

        And yes, she appears to almost as insane as her brother. So did anyone get any phone calls from the dear woman?

      • Gus, yesterday our host posted that her ip was from (IIRC) Wisconsin. Of course, that can be faked, but I’m not confident CBBS has the wherewithal. I’m always a bit surprised when he figures out how to use his computer at all.

        Frankly, I hope it is a sock. It’s so dreary and scary to think there are actually two of them that sickly twisted; like vileness is the dominant gene in that pool/swamp muck.

  6. Bill expects everyone to believe him when he has been proven a liar over and over again. Tell you what Cabin Boy (since we know you read these comments obsessively) give us the name of the clerk you spoke to so we can verify what they told you. See? Easy. Then when the clerk confirms your version, you can do your happy dance ok??

    Of course Schmalfeldt Rules apply. That means if you don’t give us the name of the clerk, it’s just more proof you are a lying sack.

    • Heh. Remember they are clerks. If they had the knowledge they would be either on the bench or practicing before it. While savvy, their capabilities are to be clerks, the paper-pushers of the judicial system, not the finders of fact, just the knowers of what forms need to be filled out how. Content of said forms is beyond their purview and there isn’t a clerk alive that would risk their nice, well paying job to give you advice or waste their time explaining the court system to you.

      • I wish I could give this comment more up twinkles. This is so true. If you are lucky, and the Clerk of the Court is fantastic, it translates into a well oiled machine that gets docs uploaded, does not lose records, and does not put up with any nonsense from litigants. They do not review documents, which makes BK’s argument that it was the clerk’s fault that the Twitchy summons was not issued because, after all, Twitchy was mentioned in the body of the complaint, ludicrous.

        • Precisely. Too many uneducated rubes think they know it all and that clerks somehow have power. They do not, they most often are simply HS graduates (or junior college grads) who have found a good job filing, shuffling papers, following procedures and collecting fees. They perform their function as maintainers of records and have no legal powers or authority except over what forms to file, how to fill them out, what standards attachments must conform to, etc.

      • Fatboi thinks a “clerk” means “judge, outside the court room!” Again, this coming from a moron and liar…

      • No! You are all wrong! Cabin Boy says clerk told him things. IMPORTANT things. And I’m sure the Cabin Boy will be happy to clear all this up prove what rubes you two are any second now by posting the name of the clerk so us poor stupid lickspittles can confirm for ourselves that the Cabin Boy is not lying. Right Bill?

      • Some clerks are lawyers, espec. in federal court. But Bill doesn’t always understand what he is told, even if he IS told something, and certainly would be unfettered by conscience at reporting any event accurately.

        • True, though I was speaking of the county court clerks and state court clerks by and large. Ofttimes a “clerkship” in the federal courts is a stepping stone and leg up for a person holding a JD (or close to it, sort of an internship in somerespects) but normally hasn’t sat for the bar as yet …

    • I think he’s got bigger issues than being a compulsive liar.

      What kind of “vile, twisted, wreck of human” doxes someone’s BABY? And then complains about having a male body part photoshopped onto his image (and to the wrong person, btw) after he did the EXACT same thing to Mr. Hoge. Over and over again.

      If he doesn’t like it when somebody does these things to him, perhaps he should consider the way it feels when he does it to others. Food for thought.

      • He’s really got a sad about you today Bets. BTW, how does he KNOW they are from a dog? Does he have extensive experience examining the nether ends of dogs like he does men? Has he not figured out yet that you didn’t create that picture but just re-tweeted it? Does he have a brain? So many questions. Wait, I have one more…..He says it’s OK to use a picture of someones baby because he found it online. Bet a lot of people found pics of Bills family online. Is he saying it’s now OK to use them? Thanks Bill for the permission to use your families photos! Love Schmalfeldt Rules!

      • I have a comment in moderation that blows that lie out of the water. If I embed more than one link, I end up in Time Out. Stay tuned.

  7. And Hoge wisely removed the offending testicles…picture as it did not meet his standards. I did see it, and it was very offensive. Oh, yeah it was funny, sure.

  8. He’s throwing another pity party claiming Hoge is killing him.
    From his column at Alan Colmes’ Liberaland:
    “I’m 59 years old. I’ve had Parkinson’s disease for 14 of those years. . . . Parkinson’s is not a fatal disease in and of itself. It’s something you die with, not of. But studies show it shortens the life span of folks who are diagnosed as early in life as I was. It won’t be the Parkinson’s that kills me. It will be the aspiration pneumonia when that sip of coffee goes into my lungs instead of my stomach. It will be the broken hip from the fall caused by postural instability, causing me to need 24/7 nursing care, spending the rest of my life in bed, advancing senility and the associated mortality.”

    “Hello? Is this the Howard County Popo? This is Bill Schmalfeldt. No, I’m not calling about avatars and fat jokes. Yes, WJJH is remotely trying to give me pneumonia and break my hip. *click” Hello? Hello? Anybody there?”

  9. Let me refresh his recollection:
    Bill Schmalfeldt ‏@PatOmbudsman
    I don’t recall having ever pasted a penis or testicles on a picture of Mr. Hoge. Ms. Haper is ashamed of herself and HAS no pictures online.
    6:54 AM – 30 Apr 2014

    From the Hogewash archives:

    “I was called to the stand by my lawyer Zoa Barnes, and . . . . [w]e presented evidence of harassment in the form of three pornographic images Schmalfeldt created using my likeness.
    Judge Stansfield granted the six-month extension of the peace order . . . . He also found that the pornographic images were harassment sufficient to permit the order to be extended.”

    • Hmm….also blows his appeal away since it is now clear that he lied in it. “Judge Stansfield called that “just another attorney’s opinion”. No, “Judge Stansfield quoted a Court of Appeals decision back to him that said that the Attorney General’s opinion is just one lawyer’s opinion.”

      Big difference in representing to the high court that the judge made a judgement when in fact he was quoting the high court themselves. That won’t do the old Cabin Boy any favors.

    • What you fail to understand, A Reader, is that much like a car dealer’s promise to match the price of the exact same model it’s only comparable if the tort is in the exact same style. (notwithstanding it was neither Mr. Hoge nor Betty that actually put the photo here, and in fact it was removed expediently by Mr. Hoge with explanation.) So, you see, even if he did use chemical weapons against his own people, at least he never had to respond to someone taking dumb photos of POWs. Moral relativism writ maxima.

  10. Is Bill Schmalfeldt calling the Honorable Judge Stansfield a liar???

    Bill Schmalfeldt ‏@PatOmbudsman
    Filing 367 charges against a person that you KNOW are bogus, intentionally causing one with PD to worry about jail increasing stress. Crime?
    7:14 AM – 30 Apr 2014

    “Judge Stansfield granted the six-month extension of the peace order. In doing so, he found that the 470 tweets that I had received between noon on 16 October and last night were contact that I should not have received under the existing peace order.” From the Hogewash archives, “What I Saw in Court Today,” 9 December 2013.

  11. Schmalfeldt isn’t one to pay attention to the details or acknowledge a petition docket versus a court docket. A docket is THE docket to him. He can only perceive things in the simplest of terms – and (like his excellent friend) twists the facts into a win.

  12. You know, it will be interesting to find out if the phone calls from “sister” Rebecca use the same automated voice machine that Robin Causey said BS used when he called him the other day. Very interesting, indeed.

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