Tag Archives: Court of Appeals

The Next Step

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It is now past close of business on 15 May, 2014, and the time has expired for me to file an opposition to Bill Schmalfeldt’s petition to the Maryland Court of Appeal for a writ of certiorari for an appeal of the extension of the peace order issued against him. I did not bother to file anything.

Schmalfeldt’s petition is incomplete, but even if the Court cuts him some slack because he’s pro se, he has not raised any new issues of law. I expect that the Court will deny this petition just as they did his appeal of the original order.

Now that the petition is ripe, the paperwork will be forwarded to the judges for consideration. They’ll deal with it when they get to it.

Team Kimberlin Post of the Day

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The Week in Review

Monday: Brett Kimberlin goes venue shopping to try to find a court that will let him testify and settles on a federal RICO lawsuit. Check.

Tuesday: Brett Kimberlin foolishly adds defendants with deep pockets good legal staffs as defendants in his RICO lawsuit. Check.

Wednesday:  Bill Schmalfeldt attempts to use a hearing on a motion to modify the peace order issued against him as a trial de novo, gets shot down by res judicata, and fails to offer the judge any evidence of a change in circumstances meriting a change in the order. Check.

Thursday:  Brett Kimberlin panics and rushes through an amended complaint which does not address all of the technical errors in his original complaint—wasting his one amendment allowed in his RICO lawsuit under the Federal Rules of Civil Procedure (Rule 15). Check.

Friday: The Maryland Court of Appeals fails to expedite the Schmalfeldt v. Hoge peace order appeal. Check.

Everything is proceeding as I have foreseen.

Bonus Prevarication Du Jour

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Night before last, Bill Schmalfeldt made this fearless forecast—ftrrnews201310170136ZI suppose by the “Md Supreme Court” he meant the Maryland Court of Appeals. They posted a list of granted petitions for writs of certiorari this afternoon, and the Schmalfeldt v. Hoge appeal was not listed. It wasn’t shown as denied either.

I’m not sure, but this may mean that the case is not being expedited and will follow the regular course through the Court’s appeals process. That would put a decision on a writ about a month from now. A decision to hear the case would be followed by a 90 day period for briefs to be filed. If the Court the allows itself a couple of weeks to digest the briefs, the earliest date for oral arguments would be sometime in late February or early March, 2014. With luck, we might have a decision before next Easter.

Or the Court may do something else, but the one thing upon which the Cabin Boy and I agree is the sooner the Court decides, the better.