Area man's website determined by Court to be a blog
In a not unexpected decision, The West Virginia Supreme Court of Appeals has issued their opinion on Mark Vance Halburn's appeal of the outcome of his divorce case.
The case is referred to as Mark V. H v. D. J. M.
In cases involving sensitive facts, the Supreme Court's usual practice refers to the parties and other individuals by their initials.
We, however, will not be bound by that practice.
In cases involving sensitive facts, the Supreme Court's usual practice refers to the parties and other individuals by their initials.
We, however, will not be bound by that practice.
In a per curiam decision (a ruling that is delivered via an opinion issued in the name of the Court rather than specific judges) the Court reversed the decision made by Putnam County Circuit Judge Phillip Stowers in Halburn's original appeal granting Halburn additional visitation with his son and affirmed the original decision made by Kanawha County Family Court Judge Michael Kelly.
The Court characterized Judge Kelly's original decision as, "well-reasoned, well-documented and legally sound."
In Halburn's appeal of the original order, Stowers awarded him overnight visits and the ability to take the boy on out of state day trips. All other provisions of the original order remained unchanged.
Of course for Halburn, being Halburn, that wasn't enough. Sure, he wanted the kid, but he also wanted money. Lots of money. One million trillion dollars.
So he appealed to the Supreme Court.
Which turned out badly for him.
It's one thing to read the unhinged ramblings of a crazy man, it's another to have it on display in the courtroom.
Just a few highlights from the Court's opinion.
The bottom line in their ruling rested on this:
"A circuit court may not substitute its findings of fact for those of a family court judge merely because it disagrees with those findings"
and
"Both the family court and the circuit court based their findings and conclusions on the best interests of the child. “In visitation as well as custody matters, we have traditionally held paramount the best interests of the child.”
“[i]n a contest involving the custody of an infant the welfare of the child is the polar star by which the discretion of the court will be guided."
"The family court’s limitations of the Husband’s contact are amply supported by the evidence, and it was an abuse of the circuit court’s discretion to overrule the family court’s order in this regard."
"There are many references to matters not contained in the record, including references to postings by the Husband in his Internet blog. The New Oxford American Dictionary 183 (3rd Ed. 2010) defines a blog as “a personal website or webpage on which an individual records opinions, links to other sites, etc., on a regular basis.”
"The record also contains a number of nonsensical pleadings, including a document entitled “Order of Sanctions” authored by the Husband, in which the Husband “orders” in part that the presiding judge pay to the Husband and his son an incredible and unimaginable sum of money for various perceived wrongs to the Husband. For one such “infraction,” the Husband demands that Judge Kelly pay “one million trillion dollars” for being a “total [sic] corrupt, arroganrt [sic], incompetent jackass.” For failing to require the Wife to undergo a psychological evaluation, the Husband attempts to impose a $999 trillion per day sanction on the Wife for every day since the exam was ordered."
"This particular document was accompanied by a document entitled “Order of Lien and Garnishment” in which the Husband attempts to encumber Judge Kelly’s home (identified by address) and attach his wages as payment of the aforesaid “Order of Sanctions.”
One of the primary reasons for Halburn's lack of custody was the results of two mental evaluations given to him.
Again, Fatlock's brilliant legal strategies come back to bite him in his fat ass.
"It was the Husband’s motion for the parties to undergo psychological testing (in this case)"
"not reveal any outward signs of psychological issues or strange behavior on the part of the Wife that would have some bearing on her parenting of the child. The Husband’s conduct throughout these proceedings, however, all viewed by Judge Kelly over a period of months, is strongly supportive of his need for such an evaluation "
Had he accepted Stowers gift and just STFU, this wouldn't have happened.
As always, Mark Halburn is Mark Halburn's worst enemy. An epic legal fail on his part.
This appeal is final and no rehearing is allowed. The case will now be sent back to the jurisdiction of the Family Court, where Halburn will make everyone's life miserable for the foreseeable future.
Read the Supreme Court's Opinion.
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The Divorce Is Final!!!
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