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

Related Stories:

Halburn Fails To Prevail In Divorce Appeal
First Tuesday In November
The Divorce Is Final!!!
Mark Halburn/Psych Mental Evaluation

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

Related Stories:

Halburn Skips Court Date
Observations From The Sentencing
Halburn Ordered To Get Psychiatric Treatment
Guilty
Mark Vance Halburn Arrested
Matusic Gets Restraining Order Against Halburn

Halburn Loses Before Supreme Court Again

The big fat loser loses again.

That's right, Halburn. We're laughing at you again, bitch!

Mark Vance Halburn's parenting plan will not be modified.

He will however have to pay $1000 in sanctions to the Family court for filing frivolous motions.


Halburn wanted permanent custody of his child or substantially more visitation and the freedom to take the kid out of state. The child's mother wanted Halburn's visitation restricted to supervised visitation.

He lost.
Again.

Here are the highlights.

CUSTODY
 
The Court wrote:

"In their original 2013 order The Court affirmed the family court’s order directing Halburn not to take the child from the State of West Virginia..The Court noted petitioner’s diagnosis of personality disorder and determined that the family court properly “recognized and emphasized that there exists potential for grave harm to this child” when he is in Halburn’s care given petitioner’s “confirmed propensity for interpersonal conflict.” 

"A court shall modify a parenting plan order if it finds, on the basis of facts that were not known or have arisen since the entry of the prior order and were not anticipated therein, that a substantial change has occurred in the circumstances of the child or of one or both parents and a modification is necessary to serve the best interests of the child."

"To show that such a substantial change in circumstances occurred—i.e., Halburn is now better able to control his personality disorder and resulting behavior— Halburn presented the testimony of two witnesses. Both witnesses admitted that the information they had about the parties’ case and Halburn’s conduct came solely from Halburn, which the family court found diminished their credibility. As the family court noted, Halburn’s psychologist “specifically declined to give any recommendation regarding the expansion of Halburn’s time with his son.”

They didn't believe Halburn or his witnesseses.
NO modification of visitation or custody

SANCTIONS

The family court found that “Halburn has clogged the courts with frivolous, harassing, offensive and impossible demands and has exhibited little to no self-control. He has made a number of impossible-to-achieve and nonsensical requests and demands of the Family Court and this Court during the course of these proceedings.”

The family court  sanctioned Halburn on two prior occasions. He was sanctioned $250 for the first incident and $500 for the second incident. He kept on filing motions.
After he filed a tenth disqualification motion that was denied, the family court sanctioned him in the amount of $1,000.

The Supreme Court determined that the family court implemented a graduated scale for sanctioning Halburn. They found that to be proper and concluded that the family court did not abuse its discretion in sanctioning Halburn in the amount of $1,000.

Pay up motherfucker.

The DYING GRANDMOTHER

Halburn complains that the family court improperly restricted his examination of his witnesses by preventing him from asking questions that contradicted statements made in an email Halburn sent in 2012.

Halburn lies that the email either never existed or was fabricated.


The family court ruled at the hearing that the fact that the email DID exist and contradicted the basis for certain of petitioner’s questions.

Fatboy loves to whine that the judge somehow kept his son from seeing his grandmother. He conveniently ignores his words from that email that the court quoted in the final divorce order.

He told his self serving side of the story on his blog. Read the real story from the WV Supreme Court's memo.

"However, the day prior to filing his emergency motion, Mr. Halburn emailed his wife that "My mom is too far gone for (the son) to visit her now. She is incoherent and might scare him. Unless something changes we have missed the wonderful opportunity for him to see his grandmother and for her to enjoy him."

The Court concluded that during the December 18, 2014, hearing, the family court properly prevented Halburn from asking questions that contradicted statements made in the 2012 email.

Read the entire order denying Halburn’s appeals of the family court’s orders here:
http://www.courtswv.gov/supreme-court/memo-decisions/fall2015/15-0350memo.pdf