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 Skips Court Date

Fat Thief Still On The Waddle
 
A packed courtroom in Huntington was the scene on May 24th where more than 20 spectators (and 5 bailiffs)  waited for the inevitable show... which never happened.

Mark Vance Halburn did not appear for his scheduled hearing in Cabell County for the appeal of his Putnam County conviction for stalking Dr. Joe Matusic and his family.

Convicted Stalker Mark Vance Halburn

It appears that all of Putnam's circuit judges recused themselves, so Cabell County Circuit Court Judge Paul T. Farrell was appointed to handle the appeal.

Cabell County Circuit Judge Paul T. Ferrell[

Halburn's elderly lawyer, Christopher Butch, was there and argued the appeal on Halburn's behalf. A ruling is expected soon.

Since Halburn had a jury trial in magistrate court, the appeal is strictly a review of the record for any errors that may have occurred. PutnamLIES.com's legal corespondent says it it highly unlikely that any errors will be found.

Court watchers also reported that Mr. Butch may have withdrawn from the case after the hearing.

Why the no-show by a guy that has loudly proclaimed his innocence from the rooftops and literally tells his attorney what to say?
Because of the outstanding warrant in Kanawha County.
Halburn knew if he showed up he'd be arrested, so he was no longer interested in appearing.
Skip a futile appeal vs. an arrest and probation revocation. A no brainer even for a psychopath with no brain.
Halburn fled the state in January, returning occasionally, but staying with various degenerate friends to avoid detection by law enforcement.