Schmalfeldt v. Hoge

September 20, 2013

PRAISE JESUS! I’M CURED OF PARKINSON’S DISEASE!!!

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PRAISE THE HOLY LORD JESUS CHRIST IN HEAVEN ABOVE! I HAVE BEEN HEALED OF MY 14-YEAR PLAGUE OF PARKINSON’S DISEASE!

And all it took was the touch of the holy hand of Zoa Barnes, on behalf of WJJ Hoge III.

I received my copy of her answer to my motion for the Maryland Court of Appeals to reconsider their decision to deny my motion to stay the peace order (puff!) and IMAGINE MY SURPRISE when I read the brief and LEARNED THE GOD’S HONEST TRUTH that I do NOT have PARKINSON’S DISEASE!!!

PRAISE JEEEEEZUS!!!

Here’s how I know I’m healed! Just a few simple words did the trick!

“That he denies the allegations in Paragraph 8 of the Motion…”

HERE ARE THE ALLEGATIONS OF PARAGRAPH 8 OF MY MOTION!

“Petitioner (that’s ME!) suffers from advanced Parkinson’s disease, has a full time caregiver, and is required to have a very strict regimen of daily medications. Petitioner cannot walk with out a walker and has to be driven any time he leaves his home in Elkridge, Maryland.  Any trips to the courthouse in Carroll County require a profound amount of arrangement and effort.”

Except IT’S NOT TRUE! Not a WORD of it! HOGE’S LAWYER SAYS SO! I do NOT have advanced Parkinson’s disease. I do NOT have a full time caregiver (my wife can’t get a job because I need her here for reasons I very colorfully outlined the other day. I fall. I bleed.) I DON’T need a walker! I can DRIVE MYSELF ANY TIME I WANT TO, even though I gave up my drivers license in 2009. Getting to the courthouse in Carroll County is a SNAP, even though my wife is not comfortable driving that distance, and requires NO arrangement or effort!

And what’s MORE?

If I HAD Parkinson’s disease, death threats, taunts, promises of years in prison do NOT make it worse!

“That he denies the allegations in Paragraph 9 of the Motion.”

And WHAT are the “allegations in Paragraph 9 of my motion?

The stress of threats of criminal prosecution along with the repeated online taunts by Respondent (Hoge) that Petitioner (Me again) would be going to prison for violating the Peace Order are very harmful to Petitioner’s health, which worsens with stress and worry.”

FORGET the standard literature on Parkinson’s disease and stress.

According to a new Northwestern Medicine study published Nov. 10 in the journal Nature, dopamine-releasing neurons in a region of the brain called the substantia nigra lead a lifestyle that requires lots of energy, creating stress that could lead to the neurons’ premature death. Their death causes Parkinson’s disease.

FUHGEDDABOUDIT!!! ST. ZOA BARNES, along with her Acolyte Hoge have TOUCHED me and CURED me and stress can’t HARM Parkinson’s disease when you don’t even HAVE it!!!

So, Hoge can retweet shit like THIS to me ALL DAY LONG!!!

Screen Shot 2013-09-20 at 2.09.27 PMAND IT WON’T BOTHER ME!!!

Isn’t that GREAT NEWS!!!

I think I’ll go fucking JOGGING!!!

 

 

September 20, 2013

Hoge’s Lawyer Files His Answer — Now What?

Assuming for a moment that WJJ Hoge III of Westminster, Maryland, is telling the truth (and that is never an assumption I care to take lightly), then his attorney, Bea Arthur Zoa Barnes has filed her answer to my petition to the Court of Appeals… whoops. Brief interruption. Hoge just sent this to me via retweet. I thought I had him blocked.Screen Shot 2013-09-20 at 2.09.27 PM

Ah. Hoge’s latest attempt to goad me into violating his peace order.

Well, they got one part right. I did not desert my kids. I was kicked out by my ex-wife from her parents’ house because I wasn’t man enough, she said, to give her the beating she deserved for cheating on me with my best friend. But anyone who wants to go on record, with their actual name, and say I didn’t pay child support? Make sure you use your actual name so I know who to sue.

Back to the issue at hand.

Barnes has filed her answer to my petition for a writ of certiorari with the Maryland Court of Appeals — our state version of the Supreme Court. Assuming this is true…

(And why in God’s name would Hoge PERSONALLY retweet this fucking thing to ME? Is he ASKING to be sued? He is ALREADY being sued and will LOSE his ASS… but that’s another post for another day…)

Assuming this is true, that means the Court has all the info it needs.  I was waiting for a ruling on my motion to reconsider their denial of my motion to stay the peace order pending appeal (yeah, I know… I get confused with it all, too).  But if the Court has Barnes’ answer in their red robed hands, then that might make my motion to stay moot.  The Court now has everything it needs to render a decision, and it can do so today if they want to.

Here’s what the Maryland Rule on such matters has to say about this sort of thing.  Maryland Rule 8-303…

d) Answer. Within 15 days after service of the petition, any other party may file an original and seven copies of an answer to the petition stating why the writ should be denied. Barnes filed that today, if Hoge is to be believed.

(e) Stay of judgment of court of special appeals or of a circuit court. Upon the filing of a petition for a writ of certiorari, or upon issuing a writ on its own motion, the Court of Appeals may stay the issuance, enforcement, or execution of a mandate of the Court of Special Appeals or the enforcement or execution of a judgment of a circuit court. Doesn’t really apply because the court HAS my motion to reconsider their ruling against my motion to stay the peace order.

(f) Disposition. On review of the petition and any answer, the Court, unless otherwise ordered, shall grant or deny the petition without the submission of briefs or the hearing of argument. If the petition is granted, the Court shall: (and you will notice they do not mention a time period)

(1)  direct further proceedings in the Court of Appeals; (which would mean the filing of very expensive briefs)

(2)  dismiss the appeal pursuant to Rule 8-602; (tell me to shove it)

(3)  affirm the judgment of the lower court; (tell me to shove it because the Circuit Court was correct)

(4)  vacate or reverse the judgment of the lower court; (overturn the Circuit Court, deep-sixing the peace order)

(5)  modify the judgment of the lower court; (make any changes they want to the peace order)

(6)  remand the action to the lower court for further proceedings pursuant to Rule 8-604 (d); (send the whole shitaree back to the Carroll County Circuit Court); or

(7)  an appropriate combination of the above.

I remind “the gentle reader” of my post from earlier today, in relevant part…

Screen Shot 2013-09-20 at 7.50.14 AMNow, I don’t know what YOU make of that… but given the rapidity at which the Court of Appeals snagged this case from the Court of Special Appeals after the Carroll County Circuit Court shipped it to the COSA, the fact that the Clerk of the Circuit Court is saying, “get your supplement in quick, wink, wink” tells me the Court of Appeals is interested in this case and wants to make a quick determination of whether or not a County Circuit Court can overrule a decision of a Federal District Court, and/or set limits on “free speech” on Twitter and the Internet writ large.

If I lose? I lose. I go on with Hoge watching like a hawk, sending shit like he sent me just now in very apparent attempts to goad me into contacting him.

If I win?  Well. That will be nice.

 

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September 20, 2013

Not Being Given to Hubris, I Will Defer to the Court and Await Their Decision

Mr. William John Joseph Hoge III of Westminster, MD, has been very careful not to discuss the case between us, except in cases where he does.

This morning for example.

Screen Shot 2013-09-20 at 7.43.04 AMNow. Here’s a little bit of backstory for my readers.  When I filed my original motion for the Court of Appeals (Maryland’s version of the Supreme Court) to stay Hoge’s unconstitutionally-awarded peace order pending the court’s decision on whether or not to grant my petition for a writ of certoriari (meaning a decision to hear my case), Mr. Hoge’s very expensive lawyer, Zoa Barnes, also of Westminster, Maryland, filed a fanciful bit of fiction in “answer” to my motion, in which she said that the Court could not hear my motion because I hadn’t filed the proper motion for appeal in the Circuit Court which granted the unconstitutionally-awarded peace order in the first place, but that I had filed a motion with the Circuit Court which they were already considering even though the case isn’t going to be heard until Oct. 16.

The Court of Appeals received her answer to my motion and ruled against me on Sept. 4 — the same day I filed my answer to Ms. Barnes’ bit of fiction.

Oh well, thought I. Bit of bad luck. Timing is everything. Now I’ll just wait until the court decides whether or not to take my case.

Then, on Sept. 10, I received this letter from Ms. Bessie M. Decker, Clerk of the Court of Appeals.  I have highlighted the parts of particular interest.  (Ms. Barnes also received a copy of this letter — shocking, isn’t it, that Mr. Hoge hasn’t mentioned it?)

Screen Shot 2013-09-20 at 7.50.14 AMNow, what does this tell us?  This tells us that the court received my response to Ms. Barnes’ colorful bit of fiction after they ruled against me. Frankly, this seems like a referee coming over to a coach who has been victim of a botched call on the field and reminding him that he has a red flag in his pocket that he can throw for a review of the official’s decision — if he wants to.

Well, I filed a motion to reconsider the next day. Then on Tuesday, I called Ms. Decker who told me the motion to reconsider had already been distributed to the Judges and that Thursdays were typically the day when they rendered decisions on cases like this. So, if Mrs. Barnes got her motion to deny my motion to reconsider into the court before they ruled, if they ruled, let’s hope for Mr. Hoge’s sake that she did a better bit of storytelling than she did last time.

If the Court has already ruled against me again, it really doesn’t matter either way. If the Court has ruled in my favor, then I think that’s the end of the matter as far as the motion to stay the peace order goes.  It seems unlikely they’re going to deny, grant, then deny my motion again.  I hope to hear something today or tomorrow.  In fact, I may call down there today and see if there’s been a decision yet.

I was also intrigued by the part underlined in blue.  Is it just me? Or does it seem like the Court is rarin’ to make a decision in this case?  The circumstances under which they took it, my former lawyer Mr. Tae Kim tells me, is almost unheard of — snatching it away from the Court of Special Appeals so they could hear it themselves.  And now this letter from the delightful Ms. Decker.

You never know what a Court is going to do until a Court does it.  But from the outside looking in, am I wrong for thinking these are favorable developments?

We shall see!

Now, below you will find some excellent examples of Mr. Hoge NOT discussing the case.

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