The Dread Pro-Se Kimberlin has filed an improper reply to one of Aaron Walker’s filings in his appeal of Walker v. Maryland, et al. in the Maryland Court of Special Appeals. That’s the combined case against the State and the Kimberlins. The suit against the State seeks to have Maryland’s harassment laws declared unconstitutional as applied to the Internet on First Amendment and other grounds. The case against the Kimberlins seek damages for malicious prosecution using those laws.
Here’s the certificate of service filed with TDPK’s improper reply.(Alexis Rohde is the lawyer representing the State.)
The Gentle Reader may notice that a word appears to be missing from Kimberlin’s last sentence. Actually, there appears to be a great deal more missing than just one word. The most glaring omission is the signature for Tetyana Kimberlin’s attorney who should be filing the reply on her behalf.
Meanwhile, we’re at T-minus 14 days and counting in Hoge v. Kimberlin, et al.
There’s a wildly inaccurate post over at
Breitbart Unmasked Bunny Billy Boy Unread about the progress in Aaron Walker’s appeal of his cases against the State of Maryland and the Kimberlins. (No, I won’t link to it.) One of the bigger whoppers deals with the story behind an order denying on of one of Aaron’s motions.
Here’s what really happened—
Before the case went to trial in the Circuit Court, the Kimberlins filed material in publicly accessible documents that contained false and harassing information about Aaron’s wife. The material was also immaterial to the case. Judge Mason sealed the documents. Last April, the Kimberlins served a copy of a motion on Aaron which contained some of the same material. Because that was an improper breach of the seal ordered by Judge Mason, Aaron filed a motion to seal the Kimberlins’ improper motion breaching the lower court’s seal. (Note: I was considering posting a copy of what they served on Aaron, but I couldn’t complete the redactions in time for this scheduled blog post.)
However, in a reversal of their usual failures related to serve of court papers, the Kimberlins neglected to file the motion they had served on Aaron with the Court of Special Appeals. As can seen in the footnote in the order posted at
Breitbart Unmasked Bunny Billy Boy Unread, the court found it had nothing to seal which is why it denied Aaron’s motion. That’s not a beatdown for Aaron or a victory for The Dread Pro-Se Kimberlin. It’s a huge screw up on TDPK’s part.
On Monday, I posted Michael Smith’s motion on behalf of Eugene Volokh seeking leave to file an amicus brief with the Maryland Court of Special Appeals in the Walker v. Maryland, et al. case. The Gentle Reader will probably not be surprised to find out that the Kimberlins have strongly opposed Prof. Volokh’s motion.
Lt. Kaffee was unavailable for comment.
Everything is proceeding as I have foreseen.
Meanwhile, it’s T-minus 7 days and counting in the Hoge v. Kimberlin, et al. lawsuit.
This has been filed in the Walker v. State of Maryland, et al. appeal—
The amicus brief described in the motion that Prof. Volokh seeks to file appears to be identical to the one he filed in last year’s appeal of the case against the State of Maryland. That appeal was rejected because of a clerical error by the Clerk of the Circuit Court of Montgomery County who failed to obey the judge’s instructions to sever the case against the State from the case against the Kimberlins. The combined case is now on appeal following the trial with the Kimberlins.
Everything is proceeding as I have foreseen.
Meanwhile, it’s T-minus 9 days and counting in the Hoge v. Kimberlin, et al. lawsuit.
Yesterday, I wrote about the fact that the Kimberlins have filed a cross-appeal in the Walker v. Kimberlin, et al. lawsuit, a case they won. Most of us would be satisfied to leave well enough alone when we win in court. If it ain’t broke, don’t fix it, but …
I spent yesterday evening reviewing their cross-appeal brief again. I’m glad I did. I found information they included which will help me make my case when we get to trial in the Hoge v. Kimberlin, et al. lawsuit.
Everything is going better than I foresaw.
T-minus 14 days and counting.
I’ve been closely following Aaron Walker’s appeal in the Maryland Court of Special Appeals of the case he filed against the State of Maryland and Brett and Tetyana Kimberlin. (Some background: The case against the State seeks to have the laws Aaron was charged under found unconstitutional. The case against the Kimberlins is for malicious prosecution using those laws.) The Dread Pro-Se Kimberlin believes Aaron’s case is so similar to mine that the results in that case affect my suit. Thus, I want to keep an eye on what he is saying about the Aaron’s appeal.
The Kimberlins have filed a cross-appeal.
Gentle Reader, think about what that means: they are appealing a lawsuit that they won.
The mind boggles.
I have to admit that I did not foreseen something this stupid.