Hoge Seems to Misunderstand the Purpose of an Appeal

Poor John Hoge. Such an ego, and with such little reason for it. Now I’m being criticized for “arguing a case I’ve already lost.” Dude. That’s what appeals are. He should know. He had two judges tell him “no” to his peace order demand before he finally found one who gave it to him.

I am going to say the same thing now to WJJ Hoge that I said to the Wisconsin Knotheads about their phony “Occupy Madison” website.

John, the peace order. Either give it up willingly or be humiliated when I take it from you.

I really don’t know if it’s hubris, stupidity, ego, or a mixture of all three. In my last post, I showed you this.

Screen Shot 2013-10-05 at 4.26.43 PMIt’s from the Maryland Legislature discussing their accomplishments of 2012. One of which was their passage of a bill that added “electronic communication” to the electronic mail harassment law.  If you look at the underlined portion, you see that the Attorney General of Maryland said that harassment online may not include Twitter.

Add to that this wrapup from the 2013 legislative session.

Screen Shot 2013-10-05 at 5.52.30 PMThey toughened the law in regard to minors.  But left intact the prohibition on Twitter as a source of harassment. This goes hand in hand with the US v. Cassidy ruling in the Federal courts that says Twitter can not be used to harass.

Here’s Hoge’s rebuttal.

His lawyer submitted a motion to dismiss based on the notion that the misuse of electronic communications statute the Cabin Boy writes about in his post is not one of he triggering crimes for a peace order. My lawyer’s response was that the broader harassment statute covered electronic harassment as well, that my petition was based on my being harassed, that the harassment being electronic was incidental to my petition, and that the possibility Schmalfeldt might be charged with both crimes didn’t affect my case.

The judge agreed with my lawyer.

WHAT? This doesn’t even make SENSE! I was charged under the broader harassment statute and those charges were dismissed. I was also charged with electronic harassment, and those charges were dismissed.  Just how does Hoge allege he was harassed?

BY TWITTER!!!

And the Attorney General of the State of Maryland along with the Federal Court in US v Cassidy both say YOU CAN NOT HARASS A PERSON ON TWITTER!!!

He continues.

The judge also wound up finding that Schmalfeldt engaged in harassment. That’s as much as he had to find in order to issue the peace order.

The Cabin Boy is trying to engage in an argument that he’s already lost.

Well… DUH! That’s what an appeal IS! Hoge should know that. He had to appeal an argument HE lost to get the Circuit Court judge to grant his peace order that TWO District Court judges told him he could not have.

Hoge’s sole argument seems to be, “The judge decided.” Well, if that were the case there would be no appeal courts. Judges make mistakes.  According to the Federal Court and the Attorney General of Maryland, THIS judge MADE A MISTAKE!

I’ve given Hoge a chance to back out of this and save a scrap of his face. If he doesn’t take it, he will have to deal with the results.

Advertisements

How Can Hoge Get a Peace Order to Protect Himself from Something That Does NOT EXIST?

I was working on my presentation to the Carroll County Circuit Court when I stumbled onto the smoking gun that just shot a great big hole in WJJ Hoge’s Peace Order, causing it to fly around like a leaking balloon, making a farting sound (and smell) as it got smaller and smaller until it just fell to the Earth with a plop.

I am looking forward to see how Mr. Hoge will answer the fact that the Attorney General of the State of Maryland says “no harassment occurred” therefore there can be no Peace Order to protect Hoge from harassment that never happened.

Let us recall that Hoge, Aaron Walker and Lee Stranahan have tried to hang harassment and electronic harassment beefs on me before. All were dismissed by the Howard County and Carroll County State’s Attorneys.

There’s a reason for that. It’s a law passed in April 2012 by the Maryland Legislature.

Go to page 176.

Screen Shot 2013-10-05 at 4.26.43 PMWhat does this all mean? It means Hoge has no case for a Peace Order, and either the Court of Appeals or the Circuit Court will have to overturn the Circuit Court’s erroneous decision.

Now, if I sent Hoge an e-mail calling him a ragged old popcorn fart and he told me to stop sending him e-mails, he might have a case if he could prove that my intent was to harass and annoy.

HOWEVER:

Since anything I sent to the @wjjhoge Twitter account doesn’t JUST show up on Hoge’s Twitter timeline. It shows up on the timeline of everyone who follows me. It shows up on the timeline of everyone who follows Hoge. Therefore, according to Maryland Attorney General Doug Gansler, it does not meet the “sent to a person and received by a person” requirement for harassment.

I am going to unblock Mr. Hoge on Twitter, and if he wishes to contact me to discuss his surrender, he will find me quite accommodating.