Tag Archives: Appeal

Is #BrettKimberlin Appealing?

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He seems to think so, but it doesn’t look like he really knows who he’s appealing against.

The Dread Pro-Se Kimberlin has already settled the Kimberlin v. The Universe, et al. RICO Madness lolsuit with The American Spectator, The Franklin Center, James O’Keefe, Simon & Schuster, and Lynn Thomas. Their settlements shouldn’t be subject to appeal.

Also, what is the Cabin Boy™ doing among the defendants? And how would he be a party-in-interest?

UPDATE—This is from the Federal Rules of Appellate Procedure.

Rule 38. Frivolous Appeal — Damages and Costs

If a court of appeals determines that an appeal is frivolous, it may, after a separately filed motion or notice from the court and reasonable opportunity to respond, award just damages and single or double costs to the appellee.

Team Kimberlin Post of the Day

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Bill Schmalfeldt keeps bringing up what he hopes is a loophole in the harassment statute that might save him from the peace order issued against him. The particular clause he tries to rely on reads

(b) Exceptions.- This section does not apply to a peaceable activity intended to express a political view or provide information to others.

Schmalfeldt was afforded an opportunity to present his case in the Circuit Court assisted by able counsel. Judge Stansfield heard my testimony and the Cabin Boy’s. He heard my lawyer’s argument and Schmalfeldt’s lawyer’s argument. Schmalfeldt raised the issue of the peaceable activity exception during the trial.

Judge Stansfield, as the trier of fact in the case, found that Bill Schmalfeldt engaged in behavior that did not meet the requirements of that exception. He found that tweets like the ones below weren’t peaceable activity intended to express a political view or provide information to others. (Note: The timestamps on the tweets are in GMT.)BS_20130220

The judge found that they were part of a course of conduct intended to harass, alarm, or seriously annoy me.

Of course, the Sore Loserman is entitled to his appeal, but an appeal is based on the facts introduced at trial and nothing more. No new evidence is admissible. No new testimony is allowed. Schmalfeldt will not get a trial de novo in the Court of Appeals. The facts of the case are now a settled matter. What his appeal must argue is that, given the facts found from the evidence presented at the trial, the law was somehow misapplied. As far as the law is concerned, it is a fact that Schmalfeldt engaged in a course of conduct intended to harass, annoy, or seriously alarm me; it is a fact that he did so after being told to stop; and it is a fact that his actions were not a peaceable activity intended to express a political view or provide information to others. For his Motion to Modify or his appeal to succeed, he must convince whichever court he argues before that he should not be subject to the peace order in spite of those facts.

That doesn’t seem to fit with the Cabin Boy’s ideas of how he plans to proceed, but he is still getting his legal advice from Acme, and I am represented by an experience lawyer.

#BillSchmalfeldt Is Not a Victim

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Lee Stranahan’s family are victims. Aaron Walker’s family are. Stacy McCain’s family are. Ali Akbar is one. So I am. We are all victims of Bill Schmalfeldt’s vile harassment. The difference between the others and me is that I’ve been in a position to hold Schmalfeldt at least partially accountable for his actions.

Cabin Boy Bill whines about how he is abused and harassed by other. That’s nonsense. He’s a bully, the kind who complains that it’s unfair when his target hits him back.

It’s been Bill Schmalfeldt who has posted obscene pictures with the faces of his targets photoshopped in. It’s been Bill Schmalfeldt who has made threats, lame ones mostly, but threats none the less. It’s been Bill Schmalfeldt who has sent harassing tweets after being told to stop contact and after acknowledging that order to cease. It’s been Bill Schmalfeldt who has been adjudicated a harasser. It’s been Bill Schmalfeldt who has had a peace order issued against him. It’s been Bill Schmalfeldt who has tried to be “cute” in skirting the edges of that order and who has strayed across the line.

Sore Loserman Bill is trying to legally escape from that peace order, first, by a Motion to Modify it so that, if he calls what he’s doing “journalism,” his harassment would be exempt, and, second, by appealing the order to the Maryland Court of Appeals. He also says he’s filing a motion to stay the order during the appeal. My only comment on his motions and such is that I’m pleased that my lawyer doesn’t bill me for the time she spends laughing. We will see how things turn out in court.

I’ve received a letter from the State’s Attorney’s Office reminding me to appear at Schmalfeldt’s probable cause hearing in District Court for the first five counts of violation of the peace order. That’s on the morning of 11 September. The information in the Application for Statement of Charges was only enough to establish probable cause that a summons be issued. It is only a small part of the evidence relating to my complaint.

I’ve tried to maintain a cheerful attitude through all this and meet Schmalfeldt’s usually risible behavior with the derision it deserves, but that isn’t always easy. For example, since the peace order was issued, I’ve received over 150 emails in the form of attempted comments to this blog from Schmalfeldt and his buddies on Team Kimberlin. I’ve posted some. Many are banal. Quite a few are obscene and talk about members of my family. It is sometimes difficult to maintain my composure in the face of such grotesque perversity.

Stay tuned.