IN THE CIRCUIT COURT FOR CARROLL COUNTY, MARYLAND

WILLIAM JOHN JOSEPH HOGE III

)
)
Pro Se Petitioner,
)
) Case No. 06C14067023
v.
)
)
WILLIAM M. SCHMALFELDT
)
)
Pro Se Respondent.
)
__________________________________ )
MOTION TO CANCEL THE SHOW CAUSE HEARING
SCHEDULED FOR JANUARY 30, 2015 FOR IMPROPER VENUE,
LACK OF DUE PROCESS AND INSUFFICIENT LEGAL BASIS IN
FORM AND SUBSTANCE
Now comes Respondent William M. Schmalfeldt (SCHMALFELDT)
with this Motion to Dismiss the Show Cause Hearing docketed for
January 30, 2015 as lacking sufficient legal basis in form and substance
ARGUMENT
I.
SCHMALFELDT WAS NOT GRANTED HIS
CONSTITUTIONALLY GUARANTEED RIGHT TO DUE PROCESS
IN HOGES PEACE ORDER APPEAL.
On August 14, 2014, following the settlement conference in HOGEs
vexatious and groundless copyright infringement hearing, HOGE
represented to SCHMALFELDT that he did not intend to follow through
with his appeal of the temporary peace order he had filed on July 17, 2014 in

the Carroll County District Court. That court found no statutory basis for
relief and HOGE immediately appealed. This court docketed the de novo
hearing for August 27, 2014. Being assured by HOGE that he would be a
no show for the hearing, and since SCHMALFELDTs Stage IV
Parkinsons disease makes travel very difficult and painful,
SCHMALFELDT accepted HOGEs assurances that he would not need to
travel from Elkridge in Howard County to Westminster in Carroll County for
the August 27 hearing. On the morning of August 27, SCHMALFELDT kept
an appointment with his neurologist and learned later in the day that HOGE
had lied to him about not pursuing the appeal. SCHMALFELDT was denied
due process when HOGE appeared before this court and was awarded a noncontested Peace Order. HOGE admits these facts in his blog, although he
twists them somewhat to make himself seem righteous:
BillSchmalfeldtandIhadadiscussionimmediatelyafterthe
settlementconferenceforthecopyrightinfringementsuitIfiled
againsthim.Duringthatdiscussion,hemaderepresentationstome
abouthisplanforhisInternetpresencegoingforward.Itoldhim
that,ifhefollowedthatplan,therewouldbenoreasontofollow
throughwithmypeaceorderpetition.Iencouragedhimtopursue
thecourseheoutlined.Iaskedhimtogivemeareasontodropthe
matter,andweshookhands.
Whileheseemedtobefollowinghisplanforaweekorso,
Schmalfeldtquicklybegangivingmereasonstoquestionhis

sincerity.HisbehavioroverthepastweekconvincedmethatI
shouldnotwithdrawmypetition.
BillSchmalfeldtwasanoshowincourtthismorning.Basedonmy
petitionandtestimony,JudgeGallowaygrantedthepeaceorder.
http://hogewash.com/2014/08/27/in-re-a-peace-order/
HOGE did not give SCHMALFELDT any indication that he had changed
his mind, and SCHMALFELDT now believes the story was a cynical ploy
to gain a peace order without having SCHMALFELDT there to dispute the
validity of the evidence. For this reason, among others to follow in this brief,
HOGEs peace order of August 27, 2014 should be vacated and expunged.
II. CARROLL COUNTY IS NOT THE PROPER VENUE FOR
HEARING HOGES COMPLAINT.
A civil action shall be brought in a county where the defendant
resides Md. Code Ann., CJ 6-201. As SCHMALFELDT lives in
Howard County, not Carroll County, HOGE should bring his complaint to
the Howard County District Court. Although this court has jurisdiction to
hear a contempt petition on a peace order it granted, it will certainly be
considered reversible error in the Maryland Court of Special Appeals. As
SCHMALFELDT was not afforded the opportunity to challenge HOGEs
improper venue in pursing this matter, the case should be remanded to

Howard County District Court and this court should vacate its ruling issuing
HOGE the peace order on August 27 for this as well as the reasons stated in

SCHMALFELDTs previously filed Motion to Dismiss HOGEs Contempt

Petition.
III. HOGE FILED THE IMPROPER PAPERWORK FOR A
CONTEMPT PETITION FOR A PEACE ORDER.
As HOGE and SCHMALFELDT do not have a domestic relationship,
HOGE may not successfully file a contempt petition for a crime
SCHMALFELDT could not have possibly committed.
The form HOGE used to file his contempt petition is Form CCDC/DV 7, which is a Petition for Contempt for Violating a Protective Order,
not CC-DC-PO-007, which is the correct form for a Petition for Contempt
for Violating a Peace Order.
As Protective Orders and Peace Orders are two separate and distinct
actions under Maryland law, HOGE cannot seek a contempt hearing against
SCHMALFELDT using the incorrect form, any more than he can charge
SCHMALFELDT with failure to pay child support. The reason HOGE did
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not file CC-DC-PO-007 is because it is a District Court form. There is no

Circuit Court form for contempt of court arising from an alleged violation of
a peace order.
III. THE PROPER METHOD TO BRING CHARGES AGAINST
SCHMALFELDT FOR THE ALLEGED CRIMINAL ACT OF
VIOLATING THE COURTS ORDER IS NOT BEING FOLLOWED.
Even if the court should somehow rule that it does have jurisdiction
over this matter and this county is the proper venue, rulings which would
likely constitute reversible error at the Court of Special Appeals, and then
rule that HOGEs use of the improper form is not an impedance to conduct
of his requested show cause hearing, which would also be a potentially
reversible error in the Court of Special Appeals, HOGE has failed to follow
the proper protocol for seeking enforcement against the alleged violation of
the Peace Order.
HOGE is certainly no stranger to the Carroll County Court
Commissioners office. He is well-known in the halls of the Carroll County
Courthouse and the Carroll County States Attorneys Office for his previous
367 attempts to hold SCHMALFELDT criminally liable for his alleged
activities.
SCHMALFELDT maintains HOGE has adopted this improperly filed
Show Cause tactic as an end run around the County Commissioner and

States Attorney, both of which are, no doubt, tired of his constant and
uniformly dismissed charges against SCHMALFELDT.
If HOGE truly believes SCHMALFELDT violated the no contact
portion of the instant Peace Order, he should follow the law of the State of
Maryland, travel to Howard County and follow the prescribed procedure
with the court commissioner in an attempt to secure a charge of failure to
comply with a peace order under MD. COURTS AND JUDICIAL
PROCEEDINGS, TITLE 15 3-1508. Failure to comply.
(a) An individual who fails to comply with the relief granted in an
Interim peace order under 3-1503.1 of this subtitle, a temporary
peace order under 3-1504(a)(2) of this subtitle, or a final peace
order under 3-1505(d)(1)(i), (ii), (iii), or (iv) of this subtitle is
guilty of a misdemeanor and on conviction is subject to:
(1) For a first offense, a fine not exceeding $1,000 or
imprisonment not exceeding 90 days or both; and
(2) For a second or subsequent offense, a fine not exceeding $2,500
or imprisonment not exceeding 1 year or both.
IV. BY ALLOWING HOGES PETITION FOR A SHOW CAUSE
HEARING IN THIS MATTER, THE COURT IS ALLOWING HOGE
TO MAKE AN END RUN AROUND THE PROVISIONS OF THE
MARYLAND PEACE ORDER STATUTE.
HOGE is within his rights to do what he has done nearly 400 times
since 2013, and that is seek a misdemeanor charge against SCHMALFELDT

for failure to comply with a peace order. Only this time, he must do so in
the correct venue.
HOGEs attempt to make this end run around a Court
Commissioner and States Attorney where he has worn out his welcome is a
cynical attempt to further deny SCHMALFELDT his constitutional due
process and constitutes reversible error in the Court of Special Appeals if
HOGE is permitted to continue.
If the case is in a circuit court and there is the prospect of any
imprisonment, the defendant is entitled to a jury trial, and that
right can be waived only in conformance with Maryland Rule 4246. (Citations omitted). (Emphasis included) Bryant v. Howard
County Dept. of Social Services ex rel. Costley, 387 Md. 30, 33, 874
A.2d 457, 458 (2005)
V.
IN ADDITION TO CANCELLING THE SHOW CAUSE
HEARING FOR LACK OF DUE PROCESS, IMPROPER VENUE,
INSUFFICIENT LEGAL BASIS IN FORM AND SUBSTANCE, THIS
COURT SHOULD SANCTION HOGE FOR LYING ON HIS INITIAL
PEACE ORDER REQUEST AND FOR HIS DUPLICITOUS
ACTIONS IN LYING TO SCHMALFELDT ABOUT HIS INTENTION
TO FOLLOW THROUGH WITH HIS APPEAL OF THE DISTRICT
COURTS DENIAL OF THE PEACE ORDER REQUEST.
In his application for a Peace Order denied by the Carroll County
District Court which found no statutory basis of relief, HOGE falsely alleged
that SCHMALFELDT had filed what HOGE called a bogus DMCA
Takedown Request that he claims to have received on July 14, 2014, that he
had received e-mails from SCHMALFELDT, comments to his blog that he

found to be harassing and extortionate threats that SCHMALFELDT

would seek legal action against HOGE if HOGE did not reveal the identity
of an anonymous blogger. All these allegations are false, and therefore
HOGE should be charged with filing false information on a Peace Order
application. Since SCHMALFELDT was denied due process due to HOGEs
duplicity in lying to SCHMALFELDT about his intention to follow through
with the appeal of the District Courts ruling, SCHMALFELDT never had
the opportunity to examine or challenge HOGEs evidence.
SCHMALFELDT maintains the allegations are entirely false and invites
HOGE to present his evidence in the proper venue, in the proper jurisdiction
should he secure a Peace Order hearing against him in Howard County.
WHEREFORE: Since HOGE denied SCHMALFELDT his
constitutionally-protected right to due process by lying about his intentions
to follow through with the appeal of his Peace Order denial; and
WHEREFORE: HOGE obtained the instant peace order in an
improper venue in a court that lacks jurisdiction according to state law; and
WHEREFORE: HOGE since has filed for contempt using the form
for violating a protective order (CC-DC-DV 7) instead of for violating a
peace order (CC-DC-PO-007); and

WHEREFORE: HOGEs peace order application, denied by the

Carroll County District Court, was rife with intentionally-told falsehoods in
violation of state law; and
WHEREFORE: Willfully lying on an application for a peace order is
a misdemeanor punishable by a fine not exceeding $1,000 or imprisonment
not exceeding 90 days or both; and
WHEREFORE: If afforded the opportunity he was denied to
examine the evidence HOGE claims to have presented in the Aug. 27 peace
order hearing before this court, SCHMALFELDT could prove the
allegations are false; and
SCHMALFELDT PRAYS that this honorable court grant his initial
motion to DISMISS HOGEs Show Cause petition and CANCEL the
docketed Show Cause hearing docketed for January 30, 2015 in the
Carroll County Circuit Court for reasons of lack of due process, improper
venue, and insufficient legal basis in form and substance.
SCHMALFELDT also asks this court to SANCTION HOGE by
referring charges against him to the states attorneys office and compelling
him to face trial for willfully providing false information on his Peace Order
Petition, or by whatever other means the court deems appropriate.

SCHMALFELDT also asks this court to SANCTION HOGE in

whatever way it deems appropriate for his duplicity in denying
SCHMALFELDT due process by lying to him about his intent to follow
through with his appeal of the District Courts denial of the instant peace
order, as SCHMALFELDT believed HOGE to be sincere and did not attend
the August 27, 2014 hearing as travel with his Stage IV Parkinsons disease
is extremely difficult and HOGE told him he wasnt required to attend.
And echoing his request in his previously filed (and now largely
moot) Motion to Dismiss the Contempt Petition, SCHMALFELDT asks this
court to vacate its August 27, 2014 decision granting HOGE the peace order
as it was granted in an incorrect venue since SCHMALFELDT is a resident
of Howard County, and because of HOGEs duplicity in lying to
SCHMALFELDT about his intent to follow through with the denial of the
instant peace order by the Carroll County District Court.
Given HOGEs proclivity towards misusing the courts as his own
DATED: JANUARY 12, 2015

Respectfully submitted,

________________________________________
William M. Schmalfeldt, Pro Se
6636 Washington Blvd. Lot 71
Elkridge, MD 21075
10

410-206-9637
bschmalfeldt@comcast.net
Verification
I certify under penalty of perjury that the foregoing is true and correct
to the best of my knowledge and belief and all copies are true and correct
representations of the original documents.
William M. Schmalfeldt

Certificate of Service
I certify that on the 12th day of January 2015, I served a copy of the
foregoing Motion to Dismiss WJJ Hoge IIIs Petition for Contempt by First
Class Mail to W.J.J. Hoge, 20 Ridge Road, Westminster, MD 21157,
Certified, Return Receipt Requested, Restricted Delivery

William M. Schmalfeldt

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