Team Kimberlin Post of the Day

The original reason I started writing about Brett Kimberlin and his minions and enablers was reporting on an unconstitutional gag order that had been issued as part of a peace order he had obtained against Aaron Walker. The gag order was overturned on appeal, and the peace order was denied during a de novo trial in a higher court. Indeed, all of the peace order petitions filed by Kimberlin and his PR flack Bill Schmalfeldt against people reporting on their activities were denied.

OTOH, one peace order sought against Brett Kimberlin was granted, and two peace orders I sought against Bill Schmalfeldt were granted as well.

Schmalfeldt appealed the first peace order and its extension. This post, In Re Schmalfeldt v. Hoge 2, was posted seven years ago today.

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Petition Docket No. 29 for the September, 2014, term of the Maryland Court of Appeals is Schmalfeldt v. Hoge, the Cabin Boy’s™ appeal of the extension of the peace order in place against him. His appeal paperwork (such as it is) is shown below. A respondent is allowed 15 days in which to answer a petition for a writ of certiorari. That time begins running either when the petition is completely filed (with any supplement) or, if no supplement is filed, when the time allowed for its filing runs out. The Cabin Boy’s™ time ran out yesterday without his filing a supplement, so I have until 13 May to file my answer.

I went by the Clerk’s Office at the Court of Appeals to see what he had actually filed. Since he has not raised any new issues of law and since the Court denied his petition for certiorari the last time around, I see no reason to file anything further. I doubt the Court will change its mind about the validity of Schmalfeldt’s legal arguments. There’s always the chance that they might, but the odds are small. Even if they grant his petition, all that means is that he has permission to appeal, not that he has won.

Let me make a couple more points.

First, the Gentle Reader should note that the Cabin Boy™ is only appealing the extension of the peace order. Even if he were to win his appeal, the original order would still stand, so he will be an adjudicated harasser regardless.

Second, a peace order is a civil proceeding. Maryland’s expungement statute applies only to criminal proceedings. Thus, peace orders cannot be expunged.

UPDATE—Fixed a typo. 13 April should read 13 May.

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It turned out  there wasn’t any reason to file a response. The Court of Appeals denied the petition for certiorari.

While I was the first, I wasn’t the last person to have some sort of protective order issued against Schmalfeldt. He wound up with at least a dozen such orders issued in at least five states. One was issued to protect a toddler.

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