Team Kimberlin Post of the Day

The past decade would have gone better for Team Kimberlin if they’d been able to take their Ls and move on, but the usually chose to compound their defeats by appealing initial losses. Nine years ago, I posted #BillSchmalfeldt Thinks He’s Appealing.

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The question to be decided is whether or not the Maryland Court of Appeals will agree.

I received a Notice of Appeal from Bill Schmalfeldt in the Hoge v. Schmalfeldt peace order case.  I note that it was sent by Schmalfeldt himself and not a lawyer, so I suppose that means that he is proceeding pro se. I will be interested to see how well he does drafting his Petition for Writ of Certiorari to the Court of Appeals. My lawyer will, of course, be filing a Response, and we’ll see if the Court takes the case.

I doubt that Schmalfeldt has any real grounds for appeal. OTOH, the Court of Appeals might take the case in order to specifically clarify that electronic harassment is covered by the peace order statute.

Meanwhile, the Circuit Court’s order remains in effect.

UPDATE—Assuming the Court of Appeals takes the case, by the time certiorari is granted, briefs filed, and oral arguments heard, the Peace Order may have expired—making the case moot.

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Not only did Schmafeldt see his petition rejected by the Court of Appeals, he wound up having having that first peace order extended because of his refusal to abide by the order’s terms.

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