Supreme Court Smacks Swollen Stalker

Halburn Loses Again

In a unanimous memorandum decision in the case of State of WV v. Mark Halburn, issued on April 15, the West Virginia Supreme Court has handed Mark Vance Halburn yet another loss. This makes Halburn's third loss before that body.

That's right Halburn. You lose again.
All new court, but we're still laughing at you, bitch.

And it's basically a NO SOUP FOR YOU, no oral argument decision for him. They didn't even need to hear his decrepit lawyer's presentation.

Halburn was convicted by a Putnam County jury in 2017 of violating a personal protective order granted to Dr. Joseph Matusic.
He appealed the conviction to Circuit Court, where it had to be heard in Cabell County, due to all the judges in Putnam County recusing themselves. Cabell Circuit Judge Paul Farrell affirmed the ruling from magistrate court.

His aggument for appeal is the same old litany of excuses that Halburn always trots out.
"I can do whatever I want. I'm the news media."
"My 14th Amendment rights were violated."

All pretty much what was expected.
No, jerkoff, your First Amendment rights weren't violated.
The First Amendment does not give members of the press immunity from criminal prosecution for criminal acts.

Halburn's excuse seems to be, "But WOWK went onto his property. I can too."
As Matusic testified, "I don’t have a PSO against Channel 13 and you write a blog.'

The hilarious thing in all this is how many times a court has told him in multiple ways that he's not media.

Halburn argued that Cpl. Johnson’s violated his 14th Amendment rights because Johnson failed to interview him before seeking an arrest warrant.
Cpl. Johnson had probable cause to  arrest Halburn based on Dr. Matusic’s statement and the pictures Dr. Matusic took Halburn sitting in his car in Dr. Matusic’s driveway.  All the deputy would have gotten from Halburn is lies and bullshit. He doesn't have to hear a criminal's story before he gets a warrant.

For these reasons and others, the Court affirmed the Circuit Court's decision.

Read the entire order affirming Halburn’s conviction here:

http://www.courtswv.gov/supreme-court/memo-decisions/spring2019/18-0544memo.pdf

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