Qapla’

The Schmalfeldt v. Hoge, et al. LOLsuit has been dismissed by the Circuit Court for Howard County.Qapla20150624

More later.

UPDATE—I haven’t received a copy of the order yet, but it appears that the entire case has been dismissed. That would be in line with a finding of improper venue for me. Venue would have been proper in Howard County if the court had jurisdiction over the other defendants, so for venue to be improper the suit would have to have been dismissed for them as well.

84 thoughts on “Qapla’


    • I want to know as well. As we all know, Bill simply CANNOT be beaten in court unless something untoward has occured.


    • “HOGE AM LAW!!!!

      Law for people like Hoge. Law not for me.”

      Welcome to the Schmycle. Be sure to use the handrail and fasten your seatbelt. Enjoy your ride.


    • Weird Al Yankocic’s “Fat” leapt to my mind.
      The word is out, better treat me right /
      Cause I’m the king of cellulite


  1. Aw, just as William was going to use his imaginary inheritance to hire himself a proper law-talkin’ guy, too! That’s gotta hurt!


  2. This is not a minor victory. This is a total dismissal and it is likely to reverberate into other cases. Brett might end up being very angry at the portly one.

    First, it’s not just that John was dismissed for venue. It was that the whole case was dismissed. As I said before, John’s argument was in two parts.

    1) there is no personal jurisdiction over Eric Johnson, or the two anonymous folks; and

    2) with me being the only defendant where there is personal jurisdiction, we are in the wrong court.

    If the judge didn’t buy point #1, point #2 wasn’t going to work.

    And to buy point number one, the judge had to say first say that there wasn’t sufficient contacts with Johnson. Then the judge had to say that Earl and Krendler (whether they are one person or not) couldn’t be subject to Md jurisdiction, because he doesn’t know where they are, and we can’t assume that MD would have jurisdiction.

    So, here’s how it reverberates. First, virtually every defendant in Brett new state lawsuit can now file a motion to dismiss and probably win, citing this precedent. Second, Ace can move to dismiss and Brett won’t get jurisdiction with him ANYWHERE. Until and unless he knows where Ace actually is, he can’t get jurisdiction.

    Oh, and Patrick Grady has now an excellent precedent to cite in his case with Schmalfeldt.

    So Schmalfeldt will have to come to Tennessee to sue Johnson, and if he is still convinced that Grady is Krendler or Earl, he will have to come to Illinois to sue him.

    And Brett will have to go to Colorado to sue Michelle Malkin, Texas to sue Lee Stranahan or Ali Akbar, California to sue Patrick Frey (for the state law stuff), and so on. Suddenly his cost-free litigation strategy is looking very costly.

    Oh, and that isn’t all of the ways this can reverberate, but I am holding some cards close to the chest.

    And as for John, he knows that Carroll county will chew Schmalfeldt up and spit him out. Yeah, in theory Schmalfeldt can sue him there, but his loss is inevitable and they might decide he is a vexatious litigant.

    If I was Schmalfeldt’s lawyer, I would tell him to have the come to jesus moment monkeytoe suggested a few weeks ago. I would ask him why he is constantly engaging with Hoge. I would look at the upcoming peace order hearing and try to settle this with John. I would say, “this has robbed you of precious time with your wife, do you really want to spend what time is remaining in anger and bile? Is it worth it?” If Schmalfeldt did suddenly repent of his sins as I have suggested, we would stop talking about him. He’s not that interesting except for his relationship to Brett’s effort to punish protected speech.

    We’ll see if he can walk away.


    • “If I was Schmalfeldt’s lawyer, I would tell him to have the come to jesus moment monkeytoe suggested a few weeks ago.”

      1) You mean ‘If I *were* Schmalfeldt’s lawyer…” Yes, it’s a nit I must pick. Granted it’s not ‘Word Crimes’ level egregious, but still…
      2) Schmalfeldt will not get, or rather, use a lawyer because a lawyer who is doing his job will tell Bill things he does not want to hear but needs to.


    • Of course it is worth it the diseased one, he already chose one over the other. He seeks the conflict, he seeks it out AND or provokes it if ignored, and it’s his chief method of expending his plentiful and worthless time. He literally, not figuratively, has nothing else to do but look for enemies and make them if he can’t find them.

      “Bill Schmalfeldt has enemies, and then nothing, a black and dank and empty void of sullenness.” — Ken White


    • Just a cautionary note- trial court cases have no precedential value. Don’t get me wrong, the holding may be very persuasive and well-grounded in the law, but no other trial judge is obligated to follow the ruling in any way. That is what the appellate courts are for.

      All that said, the dismissal is a very, very good thing. It cost Bill Schmalfeldt a little money and a lot of karma.


      • It cost Bill nothing – yet. And I would imagine he will now not pay what portion of the filing fee he still owes to the court. The Pedo Terrorist is teaching him well the ways of not paying what is owed.


      • absolutely wrong. it has precedential value. First, it is the law of that courthouse. other judges will be loath to disagree with Kramer.

        Second, it is persuasive authority elsewhere. the U.S. Dist. Court of Maryland in particular will be loathe to contradict this, at least in Grady’s case.

        Every case is a precedent, even the ones they claim is not.


      • I think David is correct here, as to the terminology [as in: whether the precedent is binding on other courts], and that Aaron is correct as to the persuasive value of the ruling.


      • I do not know Maryland law, but neither does Edgren or Walker.
        Is the Circuit Court a trial court?
        What is the Maryland case law on the precedential value of Circuit Court cases?

        In most states, trial court decisions have no precedential value. For sure, US District Court cases have no precedential value.

        Lawyers who cite US District Court cases are filling up their briefs with useless garbage.

        Cutting and pasting the important paragraphs of a great District Court opinion with Federal Court of Appeals citations and US Supreme Court citations is a good way to make an awesome rough draft. Then add and subtract to make it better.

        You might cite that opinion because it is similar and for persuasive effect, but it is not a legal precedent. Maybe you just tweak the paragraphs with your way of writing.

        That’s how lawyers are different from journalists. If a journalist did that, it would be plagiarism. For lawyers, it is legal research.


      • I don’t mean to be argumentative, but this would appear to be the answer. The Maryland Circuit Courts are trial courts, per the state’s court website.

        http://imageshack.com/a/img540/7545/sTtn2h.png

        Maryland Court Rule 1-104(a) establishes that only published opinions of its two highest appellate courts have precedential and persuasive value in proceedings ongoing in the state courts.

        As I said, the dismissal is a good thing, and certainly should be noted in other proceedings as appropriate. It does not, however, mean “game over” in those other proceedings.


      • A retired one, my friend. Hung those arguments up a couple of years ago. Never looked back.


    • Aaron says:
      “absolutely wrong. it has precedential value. First, it is the law of that courthouse. other judges will be loath to disagree with Kramer.”

      Maryland Court Rule 1-104(a) establishes that there is no law of the courthouse for trial court judges.

      If there is any volume in the courthouse, judges do not know how the other judges are ruling on cases.

      If the other judges in the courthouse know that Kramer is a smart judge, in the next case Schmalfeldt brings, you say, “BTW, we just had the same issue with Mr. Schmalfeldt in Judge Kramer’s court and here is Judge Kramer’s decision.”

      The new judge will almost certainly take advantage of Judge Kramer’s excellent legal research and writing skills in writing his dismissal decision.

      But Judge Kramer’s decision is not a legal precedent in another case.


  3. LIVE ON THE LIBERAL SHUT-IN!

    Howard County judge allows and encourages Hoge’s criminal persecution AND prosecution of diabled Vietnam era vet, who’s been sufffering with_______ for nearly fourteen years, by wearing a bowtie and participating in secret handshake with Hoooooooooooooooooooooge!


  4. I’ve been waiting to find out how his interaction with the state legislature representative panned out. Schmalfeldt made all sorts of ominous noise about that. Then, crickets. I imagine it went something like this:

    Butthurt One: People are making me feel bad. Do something!
    Representative: Online bullying? We must make a law!
    … one week later …
    Representative: Uh, Mr. Butthurt? We googled your name…


      • I sometimes wonder if Joseph Ducreux (the artist whose self portrait appears above) would be amused by how one of his works has become an image-meme. Considering his quirky artistic tastes (he had another one with him YAWNING hugely), I suspect he’d be quite entertained.


  5. If my schadenboner lasts more than four hours am I supposed to seek medical advice?

    Asking for a friend.


  6. child porn producers have been known to be disgraced, unemployable, former national radio personalities and minor governmental workers who exaggerated their mil service.. They have few if any friends and are generally shunned by most family members

    or so I saw it somewhere on Cable


    • And LOSE lolsuits with judges issuing persuasive precedent setting decisions due to lack of venue?
      And LOSE lolsuits with decisions that screw up his master’s cases too?
      And make impotent threats because they are so RAGE-Y?
      And leave comments that are redacted by our gracious host because – What a sore loser!

      You mean those child porn producers?


  7. Perhaps BS will take a hint from these outcomes, but alas, he’s more likely to divine his deceased wife’s message in clouds. Sigh.

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