Team Kimberlin Post of the Day

This motion was filed in the Hoge v. Kimberlin, et al. lawsuit on Monday—

The motion speaks for itself, and I don’t intend to make any further comment concerning it until the court has ruled.

69 thoughts on “Team Kimberlin Post of the Day

  1. Good luck John. I hope it works for you, but I’ve lost faith in the court system. They seem to see this case, and others that feature some, or all, of the same defendants, as just a flame war on the internet. They take the teeth out of the law, on purpose.

    Has the Judge’s written order/verdict been released yet?

        • A good opportunity for a “But Maryland” story.

          A few years ago, (’90s perhaps?) the Maryland judiciary had gotten thoroughly in the habit over the decades of handling a certain class of cases in a way which was clearly contrary to the Maryland State Charter. Eventually the legislature in Annapolis took notice of this, and they passed a law to correct this. In effect, that law said “Maryland judges, you must rule in accordance with the State Charter, and specifically, you must do this particular thing in the way the Charter says, which is this.” A judge objected, there were appeals, and then Maryland’s highest court said “We are the courts, and we get to rule on all Maryland law. We don’t like this law, because we don’t like our power restricted. Because we don’t like it, we are voiding it. So there.”
          Then the supporters tried to “take it all the way to the Supreme Court”. The federal appeals court said “we don’t see any Federal issues here” and SCOTUS concurred.
          By invoking the Copyright Act, and stating by implication that a state judge cannot overrule that act, John has, hopefully, countered the “no Federal issues” excuse that the Federal appeals courts could otherwise use to avoid getting their hands dirty.

  2. Oh, dear, the copyright infringer is whining about venue.
    He should re-read the settlement. The one the judge ruled was valid.

  3. Hope he didn’t put a deposit on the condo, it can be seized, as well as any checks.

    Violating a federal contract can be subject to garnishment

  4. “Respectfully, the Court has misapprehended the law.” This, I’m sure is exactly how lawyers word this kind of thing. I know the comment from the other side will be that you’re lecturing a judge or “Hoge am law…” but lots of decisions by judges are appealed successfully.
    Other than “Maryland” I find no reason that a) the Kimberlin’s misrepresented facts and b) Schmalfeldt violated an agreement…and yet here you are, with no relief.

    • And, both judges interpreted the law it completely wrong. Willful falsity has two forms. First, there are misstatements of fact known to be false. The second form of willful misstatement is presenting speculation as a fact. A number of people believe mistakenly that if the underlying speculation is true, the speculative statement is not a mendacity.

      In John and Aaron’s case, anything in Kimberling’s complaint that was not true raises a basic presumption that it was speculative. The judges correctly omitted the known willful falsifies, but, neglected to insert the “may have” to other speculative statements. “May have” oughtn’t and wouldn’t have lead to a charges.

  5. if an appeal is filed, there are several reversible errors, a new trial will encompass, all the old litigants, and most likely some new ones.

    all the previous trials contempt maybe ordered to be properly adjudicated.

    all the dismissed or ignored entities, ferguson, osborne, all mighty media, bu, etc are going to be very unhappy.

    as they will now be in a trial that is ordered to find a different verdict….


  6. The bantam rooster in MB SC maybe should shut his beak and wait for the dawn instead of crowing at false dawn. Standby for a flood of well whatever comes from his keyboard.

    • in ref:
      MB Free Speech‏ @ MBFreeSpeech 7h7 hours ago
      Replying to @ MBFreeSpeech

      Yep. Still closed. HOGE NOT LAW! LAW AM LAW! And judges just LOVE pro-se dickheads who tell them they got the law wrong.


  7. BREAKING: adjudicated harasser Bill Schmalfeldt admits to abuse of an elderly heart patient.

  8. Pingback: In The Mailbox: 08.31.17 : The Other McCain

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