Team Kimberlin Post of the Day


Yesterday’s TKPOTD looked back five years at The Dreadful Pro-Se Schmalfeldt’s appeal of the extension of the first peace order issued against him. Today, we look back the following day’s TKPOTD.

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It seems that the Cabin Boy™ is still getting his legal advice from Acme.@PatO201404292348ZWhere to begin? I guess I’ll just take it from the top.

1. Schmalfeldt did not file an “appeal brief;” all he filed was a Civil Appeal Information Report for the Court of Special Appeals. According to Md. Rule 3-803, one key item is missing from his petition. Since he’s pro se, the Court of Appeals may overlook the omission, but even if they do, he has raised no new legal arguments. Since he has given them no new reason to hear his appeal, I expect that they will deny his petition on the same grounds as they did last time.

2. Res judicata applies to the original peace order. That case is closed and not subject to relitigation. That matter is settled.

3. Schmalfeldt v. Hoge is on the Court’s Petition Docket. This only means is that the Clerk has received it and assigned it a tracking number. It does not mean that the judges have accepted the case for an appeal. If they do, it will be moved to the Regular Docket, and the case will proceed as the Court directs. In the unlikely event that the appeal is allowed, the next step is usually a round of briefing from the petitioner and respondent. We’ll see if it gets that far.

Stay tuned.

UPDATE—I’m told that the Cabin Boy™ is blabbering on teh Twitterz about how wrong I am.

Uh, huh

Like they say in the financial prospectuses, “past performance is not an indicator of future returns,” but it’s a safe way to bet. So consider how accurate Schmalfeldt’s predictions from 2013 of my crushing defeat in the appeal to the Circuit Court, my being clapped in irons (I found that one particularly amusing), or his quick victory in the Court of Appeals. You can believe Acme, or you can believe what real lawyers tell me. Either way, your belief will have no effect on what the Court does.

So chill.

And stay tuned.

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Speaking of res judicata, The Hogewash Store has lots of mugs, t-shirts, and other tchotchkes available with the Res Judicata logo. There’s also junk branded Murum Aries Attigit, and Johnny Atsign. If you stop by, spend some money, and support this blog, I’ll be thankful.

Team Kimberlin Post of the Day


I was the first person to hold Bill Schmalfeldt accountable for engaging in online harassment. In February, 2013, I filed a petition in the District Court of Maryland for a Peace Order against Schmalfeldt, and my petition was denied. Now, in Maryland one is entitled by law to one appeal of an adverse judgement, and that appeal is to the next higher court in the system. Appeals from the District Court go to the Circuit Court in the county where the District Court trial or hearing was held. Appeals from cases originating in a Circuit Court go the Court of Special Appeals. Once, a first appeal is exhausted, one may file a petition for a writ of certiorari with the Court of Appeals, the state’s highest court, but that court does not have to grant a second appeal.

When that first peace order was granted on appeal by the Circuit Court, that was the end of the appeal process as far as the lower courts were concerned. However, Schmalfeldt filed an appeal with the Court of Special Appeals. That court kicked the paperwork upstairs (literally, the Court of Special Appeals is on third floor and the Court of Appeals is on the fourth floor of the State Law Library and Courthouse in Annapolis), and the Court of Appeals treated his pro se filing as a certiorari petition, which the court denied.

When the peace order was extended, Schmalfeldt appealed again—to the wrong court. Again. This post ran five 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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Of course, the Court of Appeals threw out that appeal as well.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Today is the fifth anniversary of the hearing which resulted in the extension of the first peace order issued against Bill Schmalfeldt. I have many pleasant memories of that hearing, but my favorite was of being the witness stand while the judge had interrupted the Cabin Boy’s™ questioning of me in order to explain yet another point of law that Schmalfeldt misunderstood—and looking past him into the gallery to see The Dread Deadbeat Prius-Driver Brett Kimberlin (who had driven the Cabin Boy™ to court) chuckling over Schmalfeldt’s stupidity.

I suspect my memories of the day are more pleasant that Schmalfeldt’s.

Team Kimberlin Post of the Day


I have occasionally observed that the members of Team Kimberlin have delusions of adequacy, but that’s not the only delusional behavior. Five years ago today, I poked fun at one of Bill Schmalfeldt’s attempts at chest-thumping as he prepared to defeat my petition for extension of the first peace order issued against him. The post was titled #BillSchmalfeldt and Bluto.

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What kind of self-image does Bill Schmalfeldt have?

A reader sent me a link to a tweet with a YouTube video that the Cabin Boy posted this morning. The theme of the video is the lopsided defeat of one football team by another which I guess is supposed to symbolize the thrashing he imagines he will give me in court on 9 December. He’s used scenes lifted from an old Popeye cartoon.

popeye-canIn that cartoon, Bluto’s team is a bunch of large thugs who start out winning by brute force and violating the rules. Does Bill Schmalfeldt really self-identify with Bluto?

One more thing … the Cabin Boy’s little video doesn’t show you what happens after Popeye has his spinach and who really wins in the end.

UPDATE—Final Scorepopeye v bluto

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On second thought, the Cabin Boy™ was thoroughly defeated at the court hearing on my petition and his subsequent attempt to have me charged with perjury went nowhere. So like Bluto, he’s a bully and a loser.

And I like spinach.

Team Kimberlin Post of the Day


Bullies always whine when they are confronted. They don’t think it’s fair when you hit them back, and indeed, Bill Schmalfeldt was very cross when a court held him accountable for his harassment of me and ordered him to stop. This post called A Snapshot of My Twitter Mentions from five years ago today dealt with some of his whining about that first peace order.

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I’m told that Bill Schmalfeldt is now claiming that I’m crazy because he thinks I follow his every word. I don’t, but I do see all of the tweets he sends me. (Click the image to embiggen it.)@wjjhoge_Mentions201311111420Z@WMSBroadcasting is one of Schmalfeldt’s Twitter accounts.

The Cabin Boy seems to think that I’m under some obligation to block him on Twitter. He has things backwards. The peace order issued against him says that he is supposed to avoid contacting me. If that isn’t convenient for him, too bad.

OTOH, I am free to look at his writing, and I occasionally do. The Cabin Boy sometimes writes things in which I have a legitimate interest. For example, Schmalfeldt’s rantings have been a source of leads for the legal team supporting the defendants in the various vexatious lawsuits filed by Brett Kimberlin.

Meanwhile, the adjudicated and confessed harasser keeps flouting that peace order.

UPDATE—Confessed harasser? Yep. He confessed. He posted this email on Twitter last August.BSemail2SAO

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As can be seen in the BCC line of that email, the Cabin Boy™ isn’t too sharp on OPSEC either. That gave away … well … let’s just say there were folks who found useful information in that email address.

Team Kimberlin Post of the Day


Bill Schmalfeldt tries to pass himself off as a journalist. Back in 2013, he joined the Society of Professional Journalists, apparently in an attempt bolster his claim in his appeal of the first peace order issued against that he really, truly was a working journalist and that the mean, nasty peace order infringed his First Amendment rights. Of course, his bragging about being a member of that society prompted some pointage, laughery, and mockification, beginning with this post about Professionalism from five years ago today.

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Bill Schmalfeldt is bragging that he’s now a member of the Society of Professional Journalists. I presume that means that he went to our website, ticked the right boxes on the online form, and paid his $75 dues.

In a few years, his dues will be cut in half to the rate I pay as an “Over 62 Retired Member.”spj_memberYawn.

UPDATE—Apparently, the Cabin Boy has his panties in a knot because I’m a member of SPJ.frr201309262355ZA [redacted] fraud? Oh, come now! I presume that we were both are currently qualified for membership under the same standards, and I’m at a loss to understand why the date I joined (or rejoined, as the case may be) is of any relevance to qualification for membership. Basically, anyone who will say that he spends half-time or more doing something related to “journalism,” who is retired from doing such work, or who is studying to do such work and who pays the appropriate dues may be a member. There’s no background check or letters of recommendation required.

I was a working journalist doing broadcast news before Bill Schmalfeldt got to high school. I’m doing it again (part time) as a blogger. In between, I’ve had a career as a soldier, an engineer, and a businessman.

The Cabin Boy did get one thing right.frr201309262355aZThere’s no way I’d waste good money just to pull his chain.

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One of the reasons that Team Kimberlin’s various schemes fail is that the lies they tell to support them are so transparent. Later in the day, five years ago today, I wound up posting about the Forgery the Cabin Boy™ published to try to keep his whining narrative alive.

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Bill Schmalfeldt has tweeted this concerning my membership in the Society of Professional Journalists …frr201309270006Z… and included this image with his tweet.

BVIMC1jCUAEkKMOHis image has some interesting properties. For example, it’s exactly the same dimension (450 X 572 pixels) as this image I published.spj_memberThere are also some differences. Take a look at the Join Date shown on the Cabin Boy’s version. Now, look at the redaction bar for the same information in mine. The reason the bar is so long on mine is that the date and time were shown when I screen capped the information. If Schmalfeldt had removed the redaction bar from mine, the time stamp should be visible.

Also, the numbers shown for the Join Date on the Cabin Boy’s version are slightly larger than those shown on the Birth Date line. It’s almost is if someone pasted a large white rectangle over my redaction bar and then typed in a date with almost, but not quite, the right size font.

BTW, no one would have access to the my membership maintenance page without my username and password. That’s one of the reasons why the last part of my username is obscured.

Hmmmmm.

UPDATE—One commenter asks why the Join Date isn’t in a box. It isn’t a changeable item on the form so it doesn’t have a data entry box.

Speaking of boxes, here are the Birth Date and Join Date from the Cabin Boy’s version with the small box superimposed around them. Note that the slash marks for the Birth Date do not extend the full height of the box, but those for the Join Date do. Close inspection will also show that the numerals are of different height as well.dates_spj
UPDATE 2—The Gentle Reader will kindly note that I have not said that the Cabin Boy made any representation that the image he posted was of my actual information. I very carefully quoted him by reproducing his tweet. Still, the question remains—is what he posted a forgery?

UPDATE 3—The Cabin Boy says that his personal blog posts and tweets aren’t “journalism.” That’s probably what he thinks is the loophole that gets around this part of the Society of Professional Journalists Code of Ethics with respect to that modified image:

Journalists should: … Never distort the content of news photos or video.

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None of this did anything to help the Cabin Boy’s™ appeal. The Court of Appeals denied his petition, and the Circuit Court denied his motion to amend the order and eventually renewed it for an additional six months. It was a completely wasted effort—except as a source of pointage, laughery, and mockification.

Dealing with the Cabin Boy™ has often been a battle of wits with an unarmed man.

Team Kimberlin Post of the Day


In June, 2013, the Circuit Court for Carroll County issued a peace order against Bill Schmalfeldt requiring him to refrain from contacting me in any way for six months. On the evening of 7 July, 2013, I checked my Twitter timeline and found a tweet which I published as the TKPOTD five years ago today.

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Contacting me via that tweet started the chain of events leading to the first of a half-dozen or so charges (over 360 counts) of failure to obey a peace order and harassment being issued against Schmalfeldt by District Court Commissioners. It was also the first of almost 500 instances of unwanted contacts that led the Circuit Court to renew the peace order in December, 2013.

The real pushback against the Cabin Boy’s™ cyberthuggery was beginning. Within a year, he would have filed and withdrawn his first LOLsuit against bloggers and commenters who wrote truthfully about him and his activities. It’s been downhill for him ever since, and I not through with him yet.