Team Kimberlin Post of the Day

One of the ways that Team Kimberlin’s lawfare has backfired has related to restraining orders. The trigger for Everyone Blog About Brett Kimberlin Day, the event that focused attention on Kimberlin, was the unconstitutional peace order (that’s what they’re called in Maryland) he had issued against Aaron Walker in 2012. That order was overturned on appeal, and The Dread Deadbeat Pro-Se Kimberlin hasn’t had a successful peace order petition since then.

OTOH, Bill Schmalfeldt has collected a dozen or so restraining orders in multiple states since 2013. I was the first person to be able to hold him accountable for his harassment. Of course, he appealed that first peace order, and of course, it was upheld on appeal. And it was extended because of his failure to comply. This post, #BillSchmalfeldt, Ace Legal Scholar, from five years ago today dealt with one of the bogus legal theories the Cabin Boy™ thought would save him from that peace order.

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WMSBroad201311091607ZU.S. v. Sullivan? I wonder which of the U.S. v. Sullivan cases the Cabin Boy thinks is applicable to his situation.

In U.S. v. Sullivan, 274 U.S. 259 (1927), the Supreme Court ruled that profits from the sale of illegal liquor were subject to income tax.

U.S. v. Sullivan, 332 U.S. 689 (68 S.Ct. 331, 92 L.Ed. 297), deals with provisions of Federal Food, Drug, and Cosmetic Act of 1938.

I wonder if he’s going try to base his defense on being drunk or on drugs?

AFTERWORD—If the Cabin Boy meant New York Times Co. v. Sullivan, 376 U.S. 254 (1964), that deals with defamation, not harassment or failure to comply with a peace order. The appropriate Supreme Court case dealing with obeying court orders is most likely Walker v. City of Birmingham, 388 U.S. 307 (1967).

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Ignorance will respond to education, but stupid is as stupid does.

Team Kimberlin Post of the Day

Five years ago, Bill Schmalfeldt was chaffing under the first of the many restraining orders lodged against him, the first of the peace orders granted to protect me. As spring was ending, the Circuit Court granted my appeal and issued the order, and the Cabin Boy™ filed an appeal with the Maryland Court of Special Appeals which was improper. Maryland has a four-tier court system. At the bottom are the District Courts which handle petty cases such as traffic tickets, simple misdemeanors, and small ciivil cases. And peace orders. There are no jury trials. Those are handled by the next level, the Circuit Courts. The Circuit Courts also hears the appeals of case originating in the District Courts. Maryland law grants a right to one appeal for all cases. The Court of Special Appeals exists to handle those as-a-matter-of-right appeals from the Circuit Courts. The guaranteed appeal of a case originating in a District Court is exhausted in the Circuit Court. Like the U. S. Supreme Court, the state’s highest court, The Court of Appeals, doesn’t have to take cases, except for a very few types where the State Constitution gives it original jurisdiction.

Because the Cabin Boy™ was proceeding pro se, the Court of Special Appeals didn’t simply reject Schmalfeldt’s improper appeal. Instead, they kicked it upstairs (literally, from the second floor to the third), converting it to a petition for a writ of certiorari to the Court of Special Appeals. The Cabin Boy™ claimed in his appeal that the peace order violated the Americans with Disabilities Act because Parkinson’s. He also filed a motion to amend the order with the Circuit Court citing … um … because Parkinson’s.

And because of his pro se skills, I was supposed to be facing the direst of dire direness. Five years ago today, I responded to one of his silly threats with this post about #Bill Schmalfeldt and Landmarks.

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HogeCemetryThe Cabin Boy has a scary post up over at Old Uncle Bastard (No, I won’t link to it.) titled Whistling Past His Own Graveyard. He advises me

Nothing to worry about, Hoge. Just keep telling yourself that. Nothing to worry about.

while posting a countdown clock for The End of the World (As They Know It). The clock times out at noon on Sunday, 15 September, so I guess I’ll have something special to pray about at church that morning.

In a typical example of his lazy, shoddy research practices, Schmalfeldt used some generic picture of a cemetery as the illustration of his post. If I’m supposed to be whistling past my graveyard, he should have used a picture of the Hoge Cemetery. It’s a landmark overlooking the Tennessee River just southwest of Jasper in Marion County, Tennessee. And it’s not that hard to find via Google. FWIW, the group of headstones in the upper right of the picture belongs to members of my immediate family. I have a spot reserved among them.

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Nothing proceeded as the Cabin Boy™ had hallucinated.

And I misforesaw something as well. I had planned to move to my reserved spot in the Hoge Cemetery ahead of Mrs. Hoge.

Team Kimberlin Post of the Day

Four years ago today, we were about halfway through the term of the first peace order issued against the Cabin Boy™. One of the requirements of that order was that Schmalfeldt was to cease communicating with me. Of course, he disobeyed that order (that’s why it was extended), and one of the ways he did was to send pingbacks to the comment section of this blog.

The following was the TKPOTD for 18 September, 2013—

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Bill Schmalfeldt says that I don’t understand how pingbacks work.TS201309171109ZI’ve always understood a pingback as a comment sent from one blogger to another to alert a blogger to a link to his blog, but I considered the possibility that I’ve misunderstood what pingbacks are. I’ve been receiving them and using them for a couple of years now, but I thought I’d check with WordPress support to verify my understanding.

Here’s what I found in the WordPress Introduction to Blogging

The best way to think about pingbacks is as remote comments:

• Person A posts something on his blog.

• Person B posts on her own blog, linking to Person A’s post. This automatically sends a pingback to Person A when both have pingback enabled blogs.

• Person A’s blog receives the pingback, then automatically goes to Person B’s post to confirm that the pingback did, in fact, originate there.

(Emphasis in the original.) So creating a link to a WordPress blog from another sends a comment to the linked blog. Creating such a link is one way of commenting on another’s blog. I receive such comment all the time from other bloggers.pingback1 pingback2

Unfortunately, pingbacks are an all-on or all-off function, so if I want to be able to receive them from legitimate bloggers, I have to leave the door open for all pingbacks. Since the middle of August, I’ve received over 80 pingback comments from Bill Schmalfeldt. They’ve been trapped by moderation, and I’ve never let one through.

The Cabin Boy claims that he isn’t generating the comments. He says WordPress is doing it. Really? Is WordPress creating the active links on his sites and blogs? WordPress is merely a conduit. A century ago, folks would have laughed at a person who had filled out a telegram blank when he tried to say that he didn’t send the message but that Western Union did. The same principle applies here.

Schmalfeldt has claimed that he must create the active links so that his readers can come check out my side of the story. Gentle Reader, I’ll bet you can find the Cabin Boy’s latest blog without my having to make teamschmalfeldt dot com an active link.

He also claims that I can solve the problem by turning off pingbacks for Hogewash!, but I am under no obligation to cripple the functionality of my blog because he refuses abide by an outstanding peace order to leave me alone.

I think both Bill Schmalfeldt and I both understand pingbacks and that the Cabin Boy is doing what he does on purpose.

Mens rea? Perhaps. Or perhaps mens aegra or mens infirma?

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During the course of the first peace order, I reported some of the Cabin Boy’s™ violation of the order. As a result, the State of Maryland brought five or six different sets of charges against him with over 360 counts of failure to obey a peace order, harassment, and misuse of electronic communications.

Meanwhile, the Cabin Boy™ appealed the peace order to the Maryland Court of Appeal (the State’s highest court) claiming, among other things, that ordering him to leave me alone violated his rights under the American’s With Disabilities Act. Nothing in his appeal went as he foresaw. The Court of Appeals refused to grant certiorari and did not hear his appeal.

Team Kimberlin Post of the Day

One of the Gentle Readers suggested that I do a Top 10 list of the biggest mistakes Team Kimberlin have made in their lawfare. That sounds like a good idea, so unless something big happens over the next few days, we’ll be looking at The Dread Pro-Se Kimberlin’s and The Dreadful Pro-Se Schmalfeldt’s biggest goofs to date.

10. Brett Kimberlin Sues Seth Allen
9. Brett Kimberlin Petitions for a Protective Order Against His Wife

8. Kimberlin Seeks a Peace Order Against John Norton While Kimberlin was embroiled with trying to get peace orders against Aaron Walker back in 2012, he also sought a peace order against a guy by the name of John Norton. The Dread Pro-Se Kimberlin accused Mr. Norton of lurking in the bushes outside of the Kimberlin house an taking photographs. Kimberlin gave chase after Mr. Norton in his car. Kimberlin’s peace order petition was utter nonsense, and Mr. Norton responded by filing a petition of his own against TDPK. The District Court granted both petitions for 30 days, and John Norton appealed to the Circuit Court.

During the period between the hearing, information came to light suggesting Kimberlin had lied during his testimony in the District Court. (This was before the Maryland courts had been made aware of TDPK’s federal perjury conviction.) By the time that the Circuit Court held the de novo trial, the dueling peace orders had expired. Apparently fearing that he was being set up for a perjury trap, TDPK moved to quash the Norton appeal as moot so that he would not have to testify in Circuit Court. The court denied that motion, so Kimberlin dropped his petition. The final result was that the peace order against Kimberlin remained on the books, and the petition against John Norton was recorded as denied.

Coverage of the Circuit Court hearing ratcheted up the Streisand Effect another couple of notches.