Tuesday, September 10, 2019

Fourth Time Is Not a Charm

Here's Your Fucking Decision, Fatboy

Mark Vance Halburn has been whining all summer about the WV Supreme Court taking a "three month vacation", but when it started its fall term on Sept 4, they proved they hadn't been sitting on the beach, taking it easy.
Mark Vance Halburn
One of its first decisions is a doozy. In what could possibly be one of the longest memorandum decisions that the court has ever written,  Halburn has been given another devastating kick to his shriveled nuts.

That's right, Halburn.
A new Court and we're still laughing at you, bitch!
If readers thought the original order and the first Supreme court decision in this case were something, wait'll you get a load of this.

The case involves his never ending appeals of his divorce case, which began in 2013.
First he appealed the final order to Circuit Court, where he got no relief.
Then he took it to the WV Supreme Court where he lost again.

After that, he was prohibited from personally (pro se)  filing any civil actions. They can now only be filed by a lawyer.

He continued to show his ass. He filed numerous motions against the court, calling judges names and making irrational demands.

in March 2016, the original Family Court Judge, Michael Kelly, retired.
The new judge, Sabrina Deskins, ordered Halburn to not post any information about his case on social media. He ignored that and began harassing her and the guardian ad litem.
She lasted about eight months before she was replaced.

In March 2017, the case was assigned to Judge Patricia Keller. From the beginning, she showed that she would take no shit from the fat domestic terrorist.

Family Court Judge Patricia Keller
Halburn immediately began a campaign of intimidation and harassment against the Judge and the new guardian ad litem who was appointed to safeguard the child's best interests.

On November 7, 2017, Judge Keller entered a sixty-four page order, which is what this appeal is all about.

In it, she detailed the seven false reports that Halburn anonymously filed with Child Protective Services, his disruption of a local church camp that his son attended, and his campaign of intimidation and harassment against her and the guardian ad litem.

The Judge ordered:
  • Halburn is to have no contact with his son until such time that he undertakes 18 months of continuous progress in mental health treatment.
  • He cannot be arrested, or uncooperative with his therapist.
  • He cannot have copies of the video or audio recordings of the family court hearings or a copy of the guardian ad litem's report
  • He cannot publish any pleadings, guardian ad litem reports, videos or recordings of the private matters  in this case.
  • He must stop making irrational or impossible requests.
  • He cannot file any pro se pleadings
  •  Any frivolous and nonsensical filings are subject to sanctions.
  • Halburn must post a $2,500.00 bond with his next filing so that his second ex-wife can hire an attorney
  • He is barred from the Cabell County Family Court
  • A restraining order was issued against him on behalf of the GAL
  • He was ordered to stop all forms of harassment of  the ex-wife,  her husband, friends, etc.
  • He is prohibited against making public disparagement in print, posting any information on the internet, or via social media.
  • He shall cease filing reports with Child Protective Services. His previous reports were all false and made only to harass. used to harass
And of course, he immediately appealed THAT ruling. That appeal was denied as well, with the judge in that case writing:

"An appeal of  a circuit court ruling from January 26, 2018, "the circuit court affirmed the family court’s (Judge Keller) order and found it to be “the most thorough, detailed, comprehensive, and well-written order the [court] has ever encountered, and the [court] just commenced his twenty-eighth (28th) year on the [b]ench.”"

And now the West Virginia Supreme Court has ruled. AGAIN.

"(Halburn) is entitled to his day in court, but he is not entitled to waste the courts’ valuable time and resources with frivolous pleadings and arguments. Additionally, when those frivolous pleadings and arguments rightfully fail, he is likewise not entitled to engage in outrageous, abusive speech made with the goal of pushing judges and court officers to remove themselves from his case so that he can raise the frivolous arguments anew with a replacement judge or court officer. (Halburn's) actions have resulted in lost time and resources, including the necessity of appointing at least three special family court judges, one special circuit court judge, and two guardians ad litem. The time has come to say, “Enough.”

(Halburn's) "referrals and calls to CPS were false, designed to harass respondent, and a form of child abuse that “in itself can be the basis to modify a parenting plan.”

And then
the bottom line of this entire matter.

"The voluminous record in this case clearly shows that petitioner has repeatedly demonstrated he places his own need for conflict above the needs of his minor son."

Halburn makes this case all about HIMSELF. To him, his son is nothing more than a weapon to be used against the latest targets of his ire and a prop used to elicit sympathy from his fawning audience of malcontents and losers.

This asshole is so self centered he can’t understand that the reason he’s not allowed to “publish” his videos and records or whatever is because they’re harmful to his child. Nah. His reaction is, "Fuck the kid. MY FIRST AMENDMENT RIGHTS AS A VERY IMPORTANT JOURNALIST COME FIRST!"

By the time this is all over he'll be screaming, "Rush to judgement! The new court session just started! They rushed to issue this ruling because I criticized them!"

Read the entire ruling and see the lunacy for yourself.
Res ipsa loquitor.

18-0230
Mark V.H. vs. D. J. M.

http://www.courtswv.gov/supreme-court/memo-decisions/fall2019/18-0230memo.pdf

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