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THE STATE OF NEW HAMPSHIRE

SUPREME COURT

2019 TERM


Case No. 2019-0306



CHRISTINA DEPAMPHILIS

Plaintiff-Appellee

vs.

PAUL MARAVELIAS

Defendant-Appellant

 


RULE 7 MANDATORY APPEAL OF STALKING FINAL ORDER OF PROTECTION

From 10th Circuit Court – District Division – Derry

 

BRIEF OF DEFENDANT

 

Submitted by Defendant,

Paul J. Maravelias
34 Mockingbird Hill Rd
Windham, NH 03087
paul@paulmarv.com
603-475-3305

ORAL ARGUMENT
REQUESTED

 

 

 

 

 

TABLE OF CONTENTS

 

TABLE OF AUTHORITIES. 5

QUESTIONS PRESENTED.. 10

STATEMENT OF THE CASE.. 13

STATEMENT OF THE FACTS. 16

SUMMARY OF ARGUMENT.. 21

ARGUMENT.. 22

I.         WHERE THE TRIAL COURT HARMFULLY VIOLATED DEFENDANT’S RIGHT TO DUE PROCESS OF LAW, ITS EXTENSION ORDER MUST BE VACATED. 22

A. The Trial Court Prejudicially Deprived Defendant of Notice By Granting Extension Based On An Allegation Found Nowhere In Paragraphs 12, 13, 22-24, Or 27 Of Plaintiff’s Motion to Extend, To Which It Had Explicitly Confined The Scope Of The Hearing. 23

B. The Trial Court Infringed Defendant’s Right To Be Fully Heard By Stubbornly Rushing The Hearing And Denying His Motion to Continue  33

C. The Trial Court Failed To Review The Original Circumstances Of The Stalking Order And Refused To Admit Defendant’s Apt Evidence. 37

D. The Trial Court Forbade Defendant To Present His Motion To Dismiss Arguments Orally, Forcing Reliance Upon a Written Submission It Then Totally Ignored And Never Adjudicated. 39

E.  The Trial Court’s Anomalous Dilatory Practices Prejudiced Defendant 41

F.  The Trial Court Illegally Prohibited Defendant From Videotaping Any Part Of His Own Public Hearing. 42

II.      WHERE CHRISTINA DEPAMPHILIS SELF-DOCUMENTED HER WILD UNDERAGE SEXUAL ESCAPADES WITH AN ADULT MAN AND WHERE DEFENDANT’S COMMENT IN A PUBLIC FORUM THEREABOUT TO A THIRD-PARTY INTERLOCUTOR WAS SOLICITED, TRUE, AND PRIVILEGED, THE TRIAL COURT’S SOLE FINDING OF FACT WAS INSUFFICIENT TO SUPPORT ITS CONCLUSION. 43

III.    RSA 633:3-A, III-C. IS UNCONSTITUTIONAL AS-APPLIED TO DEFENDANT THROUGH THE TRIAL COURT’S EXTENSION ORDER. 45

A. Unconstitutional Vagueness By Virtue Of Trial Court’s Failure To Identify What Specific “Offensive And Hateful Statements” Warranted Extension  45

B. As-Applied Violation of Fundamental Right To Free Speech And Public Self-Expression. 47

C. As-Applied Violation of Constitutional Right To Equal Protection Under The Law   52

IV.    RSA 633:3-A, III-C. IS FACIALLY INVALID FOR SUBSTANTIAL OVERBREADTH IN VIOLATION OF THE FEDERAL CONSTITUTION AND FOR UNCONSTITUTIONAL VAGUENESS. 53

A. Defendant’s Trial Court Briefings Hereon Suffice For The Instant Appellate Litigation. 53

B. RSA 633:3-a, III-c. Violates Equal Protection Rights On Its Face  54

V.      THE TRIAL COURT UNSUSTAINABLY EXERCISED ITS DISCRETION. 55

A. No Reasonable Person Could Have Possibly Adduced Credibility To Proven-Liar Christina DePamphilis’s Self-Serving Claim of “Fear”  55

B. The Trial Court Erred To Reimpose The Summer 2018 “Extended Terms”, Issued In Complete Absence of Jurisdiction and In Violation Of Statutory and Constitutional Law.. 55

VI.    THE TRIAL COURT ERRED BY NOT GRANTING DEFENDANT’S 12/10/18 MOTION TO AMEND AND 2/14/19 MOTION TO DISMISS. 56

VII.  DEFENDANT CONTINUES TO SUFFER WRONGFUL DEPRIVATION OF LIBERTY BECAUSE THIS NEW HAMPSHIRE SUPREME COURT HAS DENIED HIM THE FAIR AND FULL OPPORTUNITY TO VINDICATE FUNDAMENTAL RIGHTS GUARANTEED BY FEDERAL LAW. 56

CONCLUSION.. 58

PRAYER FOR ORAL ARGUMENT.. 60

APPENDIX.. A1

 

 

TABLE OF AUTHORITIES

 

State Cases

Appeal of Morin, 140 N.H. 515, 520, 669 A.2d 207, 211 (1995)................ 36

Economides v. Economides, 116 N.H. 191 (1976)........................................ 46

Fillmore v. Fillmore, 147 N.H. 283, 284, 786 A.2d 849 (2001).................. 46

Fisher v. Minichiello, 155 N.H. 188, 921 A.2d 385 (2007)................... 43, 46

In re Aldrich, 156 N.H. 33 (2007).................................................................... 33

Kiesman v. Middleton, 156 N.H. 479, 937 A.2d 917 (2007)....................... 46

MacPherson v. Weiner, 158 N.H. 6, 10 (2008)....................................... 39, 45

McCarthy v. Wheeler, 152 N.H. 643, 645 (2005).......................................... 22

Miller v. Blackden, 154 N.H. 448, 453-54 (2006)......................................... 28

Morancy v. Morancy, 134 N.H. 493 (1991)................................................... 28

N.H. Dep’t of Envtl. Servs. v. Mottolo, 155 N.H. 57, 917 A.2d 1277 (2007) 24

Nash v. Keene Pub. Corp., 127 N.H. 214 (1985)........................................... 44

O’Brien v. Borowski, 461 Mass. 415, 429 (2012)......................................... 52

Opinion of the Justices, 137 N.H. 260, 268 (1993).......................... 22, 54, 55

Petition of Harvey, 108 N.H. 196 A.2d 757 (1967)....................................... 22

Pickering v. Frink, 123 N.H. 326, 329, 461 A.2d 117, 119 (1983)............. 44

Rios v. Fergusan, 51 Conn. Supp. 212, 978 A.2d 592 LEXIS 3223 (Conn. Super. Ct. 2008)          51

Saviano v. Director, N.H. Div. of Motor Vehicles, 151 N.H. 315, 320, 855 A.2d 1278 (2004)       29

South v. McCabe, 156 N.H. 797, 800, 943 A.2d 779, 781 (2008)........ 32, 33

State v. Blackmer, 149 N.H. 47, 49 (2003)..................................................... 53

State v. Brobst, 151 N.H. A.2d 1253 (2004)................................................... 48

State v. Chick, 141 N.H. 503, 504, 688 A.2d 553 (1996)............................. 54

State v. Craig, 167 N.H. 361, 377 (2015)........................................................ 50

State v. Laforest, 140 N.H. 286, 289, 665 A.2d 1083, 1086 (1995)............ 34

State v. LaPorte, 134 N.H. 73, 76, 587 A.2d 1237, 1238-39 (1991)........... 55

State v. Porelle, 149 N.H. 420 (2003).............................................................. 23

State v. Veale, 158 N.H. 632 (2009)................................................................ 23

State v. Willey, 163 N.H. 532, 542, 44 A.3d 431, 439 (2012)..................... 35

Federal Cases

Broadrick v. Oklahoma, 413 U.S. 601 (1973)................................................ 48

Caperton v. A.T. Massey Coal Co., Inc., 129 S. Ct 2252, 2259 (2009)...... 37

Citizens United v. Fed. Election Comm’n, 130 S. Ct. 882,883 (2010)....... 49

Cohen v. California, 403 U.S. 15, 21 (1971)............................................ 51, 52

Connally v. General Constr. Co.,  269 U.S. 385, 391, 70 L. Ed. 322,
46 S. Ct. 126 (1926)....................................................................................... 47

Doe v. Harris, 772 F.3d 563 (2014)................................................................. 50

Evitts v. Lucey, 469 U.S. 387, 105 S. Ct. 830 (1985)................................... 53

FCC v. Fox Television Stations, Inc., 567 U.S. 239, 254 (2012)................ 47

Goldberg v. Kelly, 397 U.S. 254, 299 (1970)................................................. 41

Hill v. Colorado, 530 U.S. 703 (2000)............................................................ 47

Maravelias v. Coughlin, et al., 1:19-CV-00143(SM) (D.N.H. 2019).......... 15

Maravelias v. DePamphilis (No. 19-34., NHSC No. 2018-0376)................ 57

New Hampshire v. Maine, 532 U.S. 742, 121 S. Ct. 1808 (2001)............... 30

Prager Univ. v. Google LLC, No. 17-CV-06064-LHK, 2018 U.S. Dist. LEXIS 51000 (N.D. Cal. Mar. 26, 2018).......................................................................................................... 48

R. A. V. v. St. Paul, 505 U.S. 377, 382, 112 S. Ct. 2538, 2542 (1992)...... 50

Schenck v. Pro-Choice Network of W.N.Y., 519 U.S. 357, 117 S. Ct. 855 (1997)   51

Sorrell v. IMS Health Inc., 131 S. Ct. 2664 (2011)....................................... 49

Stephenson v. Davenport Community Sch. Dist.,
 110 F.3d 1303 (8th Cir. 1997)..................................................................... 47

Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 658, 114 S.Ct. 2445, 129 L.Ed.2d 497 (1994)............................................................................................................... 49

United States ex rel. Robinson v. Pate, 345 F.2d 691, 692 (7th Cir. 1965) 37

United States v. Jeffries, No. 3:10-CR-100, 2010 U.S. Dist. LEXIS 125665 (E.D. Tenn. Oct. 22, 2010)................................................................................................................ 48

United States v. Playboy Ent’t Group, 529 U.S. 803, 813 (2000)............... 51

Village of Willowbrook v. Olech, 528 U.S. 562 (2000)............................... 52

Washington v. Texas, 388 U.S. 14, 19, 87 S. Ct. 1920, 18 L. Ed. 2d 1019 (1967)    36

 

 

Non-Precedential Orders

Cambridge Mutual Fire Insurance Company v. Mark Acciard (2018-0465) 49

In the Matter of Gina Bundza and Brian Bundza (2018-0173).................... 30

Jessica F. v. Clinton C.F., No. 2007-0513, 2008 WL 11258706 (N.H. Apr. 16, 2008)         28

Kristiansen v. Erlandson (2017-0348)............................................................. 39

McKenna v. Collier, No. 2014-0283, 2015 N.H. LEXIS 242 (May 8, 2015) 32

Rock v. Michaels, No. 2007-0012, 2007 WL 9619509 (N.H. Dec. 7, 2007) 52

Statutes

RSA 173-B:3, I................................................................................................... 32

RSA 633:3-a, II.(a)............................................................................................. 50

RSA 633:3-a, III-a.............................................................................................. 54

RSA 633:3-a, III-c...................................................................................... passim

 

Constitutional Provisions

N.H. Const, Pt. I., Art. 14......................................................................... 41

N.H. Const, Pt. I., Art. 15...................................................... 22, 31, 33, 39

N.H. Const, Pt. I., Art. 22......................................................................... 48

N.H. Const., Pt. I, Art. 2............................................................................ 22

U.S. Const., Amend I.................................................................................. 48

U.S. Const., Amend. XIV.......................................................................... 22

Court Rules

Dist. Div. R. 1.1.................................................................................................. 42

Dist. Div. R. 1.4.................................................................................................. 42

Dist. Div. R. 1.4(f).............................................................................................. 42

Dist. Div. R. 3.26................................................................................................ 41

N.H. Sup. Ct. R. 20(2)....................................................................................... 42


QUESTIONS PRESENTED

 

1.                  Is RSA 633:3-a, III-c. unconstitutionally overbroad or void for vagueness on its face or as-applied to this case?

(T25,186,204;A60-71;144-148;201)[1]

2.                  Compared to RSA 633:3-a, III-a, does the different and lower standard for extending stalking orders at RSA 633:3-a, III-c. violate substantive due process or constitutional equal protection rights?

(A202)

3.                  Did the trial court violate Maravelias’s due process rights?

(A197-199;276-278)

4.                  Was Maravelias prejudiced by inadequate notice of the allegations being considered against him at the 2/12/19 Hearing on Plaintiff’s Motion to Extend?

(A197-199)

 

5.                  Did the trial court afford Maravelias a fair and full opportunity to be heard on all his arguments and claims he wished to raise?

(T8:5;A197-199)

6.                  Did the trial court engage in unreasonable dilatory practices prejudicing Maravelias?

(T16-17;A275-276;367-370)

7.                  Did the trial court err in ignoring, denying, or never ruling upon Maravelias’s post-trial Motion to Dismiss?

(A205;234;272-280)

8.                  Did the trial court err by refusing to specifically find which “offensive and hateful statements” by Defendant it cited for granting extension, upon request?

(A206)

9.                  Did the trial court unsustainably exercise discretion in granting the extension?

(A197-206)

10.             Did the evidence of defendant’s legitimate non-threatening speech in public relied-upon by the trial court sufficiently support its finding of concern for Plaintiff’s “safety or well-being” to warrant “good cause” to grant extension?

(A199-200)

11.             Given Christina DePamphilis’s history of mid-order incitative harassment against Maravelias, did the trial court’s findings support the conclusion that she had “reasonable” “ongoing” “fear” for her “personal safety”?

(A15;19;205)

12.             Where the trial court failed even to identify the correct version of its own summer 2018 “extended terms” in effect, did it unsustainably exercise discretion in continuing them?

(A203)

13.             Did the trial court violate Maravelias’s state or federal constitutional rights by re-imposing the “extended terms”?

(T165;A203-204;124-171)

14.             Did the trial court err in denying Maravelias 12/10/18 Motion?

(A372-373)

15.             Is this state appellate court an adequate, impartial forum granting Maravelias a fair and full opportunity to litigate his claims under the Constitution of the United States of America?

(A204-206;230-238)

 

 


STATEMENT OF THE CASE

 

The Original Order (2017)

After a December 2016 telephone argument David DePamphilis made with Paul Maravelias, Plaintiff Christina DePamphilis, David’s daughter, filed a stalking petition against Defendant Maravelias on 12/28/16 in Salem District Court. Maravelias had asked-her-out to dinner on 12/12/16. He never communicated with her after that day weeks prior, when he had respectfully taken her polite rejection on the chin like a gentleman and disappeared eternally. (A14)

DePamphilis obtained a Stalking Order against pro se Maravelias on 2/7/17. (Stephen, J.) Honorable Judge Robert S. Stephen held that, because Maravelias had obeyed Christina’s father David’s personal request to give her a ride-home from a restaurant in 2013, and because Maravelias “offered her” “a mazzaretti” in 2016, therefore she was stalked. (473-2016-CV-124)

Maravelias appealed and lost (2017-0139) because, a lawyer-less college student, he didn’t “preserve” his appeal arguments. Having read Honorable Judge Stephen’s insane stalking order against Maravelias, a non-interested, prominent Judge in New England told Maravelias in person that year:

“I can’t believe Judge Stephen actually wrote this”,

and,

“someone needs to rein him in.”

The First Extension (2018)

DePamphilis petitioned for a one-year-extension on 1/5/18. Derry District Court scheduled a Hearing on 2/20/18, 46 days later, in violation of RSA 633:3-a, III-c.’s 30-day-hearing requirement.

John J. Coughlin was at Derry making decisions at this time.

On 6/15/18, he granted DePamphilis an extension to 2/6/19. Then, on 7/2/18, she requested certain arbitrary commandments (“extended terms”) against Maravelias, citing zero authority. John Coughlin scribbled “granted” on this Motion on 8/7/18 (A193), in complete absence of jurisdiction, nearly one-month after somehow first scribbling “Denied.” on 7/13/18 on Maravelias’s Objection thereto (A192).

John’s historically unprecedented “extended terms” criminalize Maravelias’s “possession” of his own “social media” civil court exhibit of Christina DePamphilis and boyfriend incitatively cyber-bullying Maravelias with their middle-fingers, while she risibly claimed to “fear” him. (A15-16)

Maravelias appealed again. (2018-0483) This Court affirmed, (1) rubber-stamping that Maravelias’s “sole purpose” in responding to a legal-threat-letter he received was to “stalk and harass” the recipient lawyer’s client’s daughter and (2) totally omitting any reference to Christina DePamphilis’s vulgar social media harassment against Maravelias, one of his foremost appeal arguments. This Court overlooked Maravelias’s extensive argumentation against Coughlin’s “extended terms” at pages 54-57, A156-177, A182-185 of Maravelias’s Brief, remarking he didn’t “sufficiently develop” such arguments in said thirty (30) pages.

Ominously, this Court self-censored and published nowhere[2] this 1/16/19 Final Order nor its 11/30/18 Final Order damaging Maravelias in a related Maravelias-DePamphilis appeal.

Maravelias subsequently sued John and state enforcement officials in federal court (A124) to enjoin enforcement of his unconstitutional, extrajurisdictional “extended terms”, pending as Maravelias v. Coughlin, et al., 1:19-CV-00143(SM) (D.N.H. 2019).

The Second Extension (2019)

DePamphilis petitioned for yet another extension on 1/24/19. Derry District Court held a 2/12/19 Hearing.

On 3/8/19, The Honorable Judge Elizabeth M. Leonard granted DePamphilis another one-year-extension to 2/7/20. (Leonard, J.)

This appeal follows.

 

STATEMENT OF THE FACTS

 

Appellant presents the story behind this case in his 1/28/19 Objection to DePamphilis’s 1/24/19 Motion to Extend (A12) and 2018 extension appellate brief[3]. Here, Appellant dives straight into the 2019 extension.

Instead Of Filing a Defamation Lawsuit, Christina DePamphilis Usurps A Stalking Proceeding To Punish Maravelias For His Speech Criticizing The Same Stalking Proceeding

In his bitterness and envy (A36-39), David DePamphilis, the “rich man behind the scenes pulling the strings” of legal abuse against Maravelias (T15), could not let the attacks go. Years-after his “perjuring, fornicating” daughter (A40,82,95) totally lost her attractiveness to Maravelias, David teamed-up with his daughter and Attorney Brown to invent the most bizarre, devoid-of-substance “stalking” motion to date. The 2019 Motion to Extend “orbit[ed] around a ridiculous-seeming mescolanza of inadmissible new facts concerning internet speech by strangers for strangers, Unidentified Driving Objects, friends-of-friends at Dunkin Donuts, and hallucinogenic summertime beach-trips.” (A75) Interestingly, David DePamphilis figures heavily in “Christina’s” Motion to Extend. His name appears fifteen (15) times.

Every corner of DePamphilis’s Motion to Extend (A79-88) bemoaned Maravelias’s negative beliefs about the person who was exposed and proved in 2018 to have falsely accused him of stalking.

The DePamphilis actors paid a lawyer to argue that Maravelias’s thoughts and opinions “impugning [Christina DePamphilis’s] virtue” is an offense “as bad as almost anything”. (T203) For instance, when DePamphilis pictured herself doing illegal drugs and consuming alcohol at age 16 (A186), or when she published an image bragging about how far she and her 21-year-old boyfriend moved the bed also at age 16 (A17) – Maravelias was instantly somehow guilty. When one asks Christina DePamphilis the last time Maravelias stalked her, she invariably responds, “I continue to being [sic] stalked every day.” (A31); accord T55.

Recognizing the evident absurdity of such baseless whining and “grasping at straws” (T139) in a proceeding nominally alleging “stalking”, DePamphilis needed to spike her dead Motion with a memorable allegation sounding of actual “stalking”:

On October 23, 2018, at approximately 7:00 p.m., Maravelias followed Christina in his car as she was driving to cheerleading practice.”

(A85)

Unfortunately for the DePamphilis actors, they chose a tragically ironic, poetically just, bad day for their criminal fraud false accusation.

Christina DePamphilis Gets Busted Lying, Falsifying Maravelias’s Whereabouts, Contradicting Herself, and Committing Fraud Upon the Court

DePamphilis previously knew Maravelias enabled cell-phone location history records with Google. (T135) She took two steps therefore to trap Maravelias in the false setup. First, she inexplicably changed the time of the allegation from “7 pm” to “4 pm” at-trial in a highly rehearsed direct-examination stunt with Attorney Brown. (T62) Second, she and Attorney Brown failed to conceal their advance anticipation of Maravelias’s location history, damningly, by presciently contending Maravelias had “multiple phones”:

“Q Well, let me ask you. You’ve introduced some Google documents but you have more than one phone, don't you?

A No, I don’t.

Q Oh, you don’t?

A I have only one phone in operation.


Q So if the police documented in their paperwork that there were three phones when they went to your house that day, that would be inaccurate?
A I can’t speak for what they found at a house that I was not even living at at that time.”

(T76)

The DePamphilis “following” criminal falsification scheme really turned disastrous when Maravelias revealed where he truly was around 4pm on 10/23/18.  He was miles away from Windham in Concord, first at the Administrative Office of the Courts, then at this very Court, filing an after-hours-drop-box pleading in 2018-0376 coincidentally requiring him to write the time-of-day on said filing, and took a picture for documentation! (T142-147).

DePamphilis did a poor job concealing her willful lies and foul-play. She testified she knew Maravelias’s exact two cars, both black. (T65) She knew he had two black cars, but claimed a “silver SUV” was “following” her on 10/23/18 (T66) before asserting under penalty of perjury in her Motion that  onOctober 23, 2018 … Maravelias followed Christina in his car”. (A85)

There were yet other times where David wished his daughter did a better job serving the restraining order harassment crusade.  Asked to explain how Maravelias continues “to harass” her, DePamphilis could only make reference to this legal case itself – which she chooses to perpetuate –  “all these appeals and everything you have to say about me in every single appeal, or every single reply … it [sic] negative … like, an angry tone” – and how Maravelias posts his legal documents “online”. (T111-112)

Miss DePamphilis was so confused at times, Maravelias felt the need to remain “respectful” of evident “[psychological] issues”. (T150) When asked to explain the reasoning behind her alleged fear Maravelias’s “angry words” “will come into violence”, DePamphilis replied, “because I don’t want any contact with you at all.” (T115-116) The following exchange was also disturbing:

Q Are you mentioned in that summary?

A Yes, I believe so.
Q So you’re mentioned in the summary of the “David the Liar”?

A No, I -- I'm not mentioned

 

(T109)

Or still:

Q So you sought out this account that you thought was mine and you blocked it?

A Yes.

Q Okay. Have I ever communicated with you over social media?

A I don’t believe so.

 

(T99)

 

Appellant believes enough has been said and prefers to progress to the legal aspects of this appeal.


SUMMARY OF ARGUMENT

 

The trial court deceptively baited Defendant-Appellant Maravelias into preparing a defense against certain limited allegations in Plaintiff’s Motion to Extend, enumerating exact paragraphs thereof to “focus” the Hearing, but then granted extension based exclusively upon a wholly extraneous allegation. It denied Maravelias’s right to be fully heard, ignored Maravelias’s thoroughly briefed arguments, neglected to rule whatsoever on his Motion to Dismiss, misidentified the content of its own standing 8/7/18 Order, abused its discretion, and violated fundamental constitutional rights by basing its extension on Maravelias’s legitimate, protected comment in public about this case.

The trial court had even previously sustained (T39:19-20) Maravelias’s objection to admitting this sole relied-upon factual allegation when Plaintiff first introduced it on direct testimony, having noticed it nowhere before trial.

The trial court unlawfully enacted RSA 633:3-a, III-c., a facially invalid statute for substantial overbreadth and unconstitutional vagueness in violation of federal law.

Accordingly, the protective order extension must be vacated.


ARGUMENT

 

I.                   WHERE THE TRIAL COURT HARMFULLY VIOLATED DEFENDANT’S RIGHT TO DUE PROCESS OF LAW, ITS EXTENSION ORDER MUST BE VACATED.

The trial court violated Maravelias’s Right to Due Process of Law under U.S. Const., Amend. XIV and N.H. Const., Pt. I, Art. 2 and 15. “No subject shall be deprived of his property, immunities, or privileges, … or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land․” Id. “Law of the land in this article means due process of law.” Petition of Harvey, 108 N.H. 196 A.2d 757 (1967). Federally, “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.” U.S. Const., Amend. XIV.

“The initial inquiry in determining whether a particular state action violates due process is whether there is a deprivation of liberty or property.” Opinion of the Justices, 137 N.H. 260, 268 (1993). “It hardly bears mentioning that a restraining order restrains [a defendant’s] liberty ... from a number of legal activities”, McCarthy v. Wheeler, 152 N.H. 643, 645 (2005), including restricting Maravelias’s Second-Amendment rights and even limiting his “fundamental right to freedom of movement”, State v. Porelle, 149 N.H. 420 (2003). The extended “stalking” restraining order is a “governmental determination” implicating Maravelias’s personal liberty interest to be free of resultant reputational stigma, further triggering due process requirements. State v. Veale, 158 N.H. 632 (2009).

A.      The Trial Court Prejudicially Deprived Defendant of Notice By Granting Extension Based On An Allegation Found Nowhere In Paragraphs 12, 13, 22-24, Or 27 Of Plaintiff’s Motion to Extend, To Which It Had Explicitly Confined The Scope Of The Hearing

                                 i.      Procedural Background

On 1/28/19, Defendant Maravelias filed a “RSA 633:3-a, III-c. Motion to State Reasons for Granting Preliminary Extension of Stalking Final Order of Protection” along with his Objection to Plaintiff’s Motion to Extend. (A239) Defendant quoted RSA 633:3-a, III-c. in relevant part,

The court shall state in writing, at the respondent’s request, its reason or reasons for granting the extension.”

Defendant requested,

“In order to inform a more productive, focused Hearing, Defendant Maravelias respectfully requests this Court state its reasons for granting the 1/24/19 preliminary extension.”

Id. at ¶4. (A239)

A 2/12/19 Hearing scheduled (A241), the trial court granted the Motion to State Reasons (Leonard, J.) in a 2/7/19 Order:

“Motion is granted. See Paragraphs 12, 13, 22-24, and 27 of Plaintiff’s Verified Motion to Extend which the Court found constitutes good cause to extend the Stalking Final Order of Protection.”

(A11)

It is pellucid that, by citing these paragraphs, the trial court accepted Defendant’s stated premise “to inform a more productive, focused Hearing”. It did not, e.g., state these paragraphs motivated exclusively its pre-hearing preliminary extension reasoning, with a proviso that other parts of Plaintiff’s Motion to Extend could be considered at the Hearing on whether to extend the Final Order. Rather, the trial court explicitly stated it found said paragraphs constitute “good cause” to extend the “Final Order of Protection” – the subject matter of the 2/12/19 Hearing.[4]

The trial court even verbally reiterated the plain meaning of its 2/7/19 Order at the 2/12/19 Hearing: that the scope thereof would be limited to Motion to Extend “Paragraphs 12, 13, 22-24, and 27” and that no other allegations were being considered against Maravelias.

The following courtroom exchange between Maravelias and Judge Leonard is a death knell to any contrary interpretation:

Maravelias: “Thank you, Your Honor – for telling me those paragraphs.”

The Court: “Um-hum.”

Maravelias: “I really appreciate that. … I really wanted to thank you that you did that, and you did follow the law in respect to my rights.”

The Court: “Okay. Well, that’s why I wanted the hearing to be focused on what allegations were pertinent for the Court’s consideration.”

Maravelias: “Right. Right. Right.”

(T24-25) (Emphasis added)

The trial court frequently warned Maravelias to confine his case to the enumerated paragraphs, adamant to limit the Hearing’s subject-matter “to the meat of what we need to decide” (T20): the allegations contained within the enumerated paragraphs, e.g., at T87:20-32;T95;T115;T166:11-15;T39:22-40:2. In particular, the trial court disclosed it understood DePamphilis’s disproved allegation about “the following in the car” (T39;T88:19) was the gravamen of the extension case, sparsely deigning to permit Maravelias contest much of DePamphilis’s disconnected Motion to Extend allegations.

Despite the above, on 3/8/19, the trial court issued an Order extending the stalking order based on its sole finding of conduct:

“In particular, the Court finds that Mr. Maravelias [sic] continued efforts at disparaging Ms. DePamphilis and her family by making offensive and hateful statements in public postings on the internet demonstrates [sic] that he continues to harbor hostility toward her and her family such that legitimate concerns for Ms. DePamphilis’ safety and well-being continue to exist.”

(A7) (Emphasis added)

The trial court’s Order completely exceeded the subject-matter boundaries it fixed for the Hearing:

·        Paragraphs “12 and 13” of DePamphilis’s Motion to Extend (A81-82) did not remotely notice any such allegation. They paraphrased this Court’s summary of Maravelias’s past truthful, justified “offensive” statements he had made (1) in his courtroom testimony (2) at the past 2018 extension, not any “continued efforts” at making “offensive” “statements” in “public postings on the internet” subsequently.

·        Paragraphs “22-24” forged DePamphilis’s fraudulent, exposed “following” false accusations. (A85)

·        Paragraph “27” accused Maravelias of attaching a public social media legal exhibit to a 2018 appellate brief to show DePamphilis blatantly lied. (A86)

No allegation about Defendant making “offensive statements” against Plaintiff “on the internet” appeared anywhere in the paragraphs to which the trial court strictly constrained the scope of the extension case. In fact, it barely appears anywhere in Plaintiff’s Motion to Extend whatsoever, resembled only by a vague, nondescript, and undeveloped blanket-reference at Paragraph 15. (“[Defendant] also made disparaging comments about David and Christina DePamphilis on those YouTube sites.”) (A84)

In further support, when Plaintiff first surreptitiously introduced the single specific allegation of Defendant making a possible “offensive” comment “on the internet” during her direct examination at the 2/12/19 Hearing, Maravelias made a contemporaneous objection about notice.  See generally, T38-40:

Attorney Brown: “At the bottom of that page, under New Hampshire Outrage [YouTube account] in 2018, quote, ‘As for your little girl comment, the false accuser is almost 18 and has been banging a 21-year-old man boyfriend since she was 16’. Is that written there?”

Christina DePamphilis: “Yeah.”

Maravelias: “Your Honor, I object. This was not noticed to me. … [T]hat comment is true and supported by the record in this case. But it’s not about the content of that comment. This was not noticed to me in the motion to extend, oh, hey, he said this [specific] mean comment on the internet. That was nowhere in the petition, so I object to that.”

Judge Leonard: “Okay. All right. So why don’t you move off this testimony?

Attorney Brown: “All right.”

Judge Leonard: “I mean, … as I put in a response to Mr. Maravelias’ motion [to state reasons], … I guess the following in the car, those sort of violations that … Plaintiff’s alleging made her feel unsafe … is important to the Court”.

(Emphasis added)

                              ii.      Discussion

This error prejudiced Maravelias’s due process right to advance-notice of allegations being considered against him so to prepare meaningful legal and factual rebuttals – especially where this Court has held it is “respondent’s burden to prove a legitimate purpose for his [alleged] conduct” in civil stalking proceedings. Jessica F. v. Clinton C.F., No. 2007-0513, 2008 WL 11258706 (N.H. Apr. 16, 2008), at *2, citing Miller v. Blackden, 154 N.H. 448, 453-54 (2006).  The trial court (1) baited Maravelias into preparing a case in rebuttal of certain accusations he successfully dismantled at hearing and (2) rigorously limited him thereto at said hearing, but afterwards (3) tricked him with an extension order based wholly on a different allegation against which he could have prepared a defense if not deceived.  Maravelias apprised the trial court of its error in his 3/21/19 Motion to Reconsider (A197), yet the court still failed to correct its Order, nor offered any justification whatsoever for this glaring injustice (A10).

“It is well settled that a defendant is entitled to be informed of the theory on which the plaintiffs are proceeding … as a result of the defendant’s actions.” Morancy v. Morancy, 134 N.H. 493 (1991) (internal citation omitted). Here, the Court had explicitly limited the parts of Plaintiff’s “theory” to-be-litigated at the Hearing. The error of extending based on an excluded allegation that Defendant made “offensive and hateful” statements on the “internet” warrants reversal.

 “The ultimate standard for judging a due process claim is the notion of fundamental fairness.” Saviano v. Director, N.H. Div. of Motor Vehicles, 151 N.H. 315, 320, 855 A.2d 1278 (2004). “Fundamental fairness requires that government conduct conform to the community’s sense of justice, decency and fair play.” Id. That the trial court would bait Maravelias into preparing a defense limited to “X”, only to penalize him thereafter based on “Y”, egregiously violates this standard.

Defendant reminded in his Motion for Reconsideration (A199) that his unjustly foreclosed extended self-defense would have rebutted the legal theory that the relied-upon surprise-allegation about his public internet speech was viable, constitutional grounds to extend the order. Deceived by the trial court’s citation of paragraphs and its own sustaining his earlier contemporaneous objection to the “banging a 21-year-old man” comment allegation at T39:19-20, Maravelias did not address this specific allegation during his cross-examination of Plaintiff, T55-124, nor during his direct testimony, T133-173. Could he have known this allegation was still wrongly “on the table”, he would have treated it extensively in his defense.

Incredibly, when Attorney Brown, Plaintiff’s counsel, desperately resurrected the improper allegation during his cross-examination (T183), in froward disrespect of Judge Leonard’s earlier ruling, Attorney Brown himself objected to Maravelias’s only testimony confirming he wrote the comment! (T184:17, “I’m going to object to this.”) Maravelias openly admitted he wrote the undisputedly true (A17) comment just prior. Judicial estoppel therefore precluded the trial court even from finding that Maravelias wrote this comment. See New Hampshire v. Maine, 532 U.S. 742, 121 S. Ct. 1808 (2001).

The prejudice to Maravelias’s case was want of pre-trial notice to prepare legal argument about this allegation. Cornered and ambushed, pro se Maravelias had to improvise legal argument on-the-stand towards the lawful, legitimate purpose and non-viability for extension of his comment as-alleged that morning. (T184-185) Maravelias was due advance notice. He could have assembled written legal argument, cross-examined Plaintiff, and prepared testimony himself regarding this comment responsive towards its legal inability to cause extension. Maravelias would have assembled the controlling First-Amendment jurisprudence contained hereinafter to argue this specific allegation cannot constitutionally warrant extension. Maravelias quite evidently shirked-not on the measure of this opportunity not robbed of him: he had submitted a 20-page pre-trial Memorandum of Law (A51) briefing his legal arguments against Plaintiff’s noticed allegations and a 28-page factual Objection thereto (A12).

This Court must accordingly reverse the extension for reasons strikingly similar to its recent reversal In the Matter of Gina Bundza and Brian Bundza (2018-0173):

“We agree with the [appellant] that—based on the hearing notice, the prior orders, and the parties’ agreement—a reasonable person in the [appellant’s] position would not have expected that the issue of whether he had sexually abused his child would be litigated at the February 14, 2018 hearing. We hold, therefore, that the notice the [appellant] received was inadequate to fairly inform him of the issues to be adjudicated at the hearing in violation of Part I, Article 15 of the New Hampshire Constitution.”

Id.

Identically, no reasonable person in Maravelias’s shoes could have expected the key surprise-allegation of the “offensive” “banging a 21-year-old” comment, upon which the trial court granted extension (being the sole specific “offensive” “online” comment alleged), would be litigated at the 2/12/19 Hearing. Early-on during the Hearing, when Plaintiff debuted the “banging 21-year-old” comment allegation on direct-examination (T38), the trial court conclusively directed Plaintiff to “move off this testimony” (T39:19-20) in light of Maravelias’s contemporaneous objection, specifically citing its “response to [Defendant’s] motion [to state reasons]” (T39:23), the limited paragraphs. I.e., the trial court itself acknowledged this allegation was outside the cited paragraphs. Judge Leonard even confirmed Maravelias had “covered everything” (T115:21) when wrapping up his cross-examination containing zero treatment of the specifically-disallowed-by-trial-court (T39:19-20) “banging 21-year-old” comment allegation upon which the court later erroneously based its entire extension reasoning.

                            iii.      Notice Was Insufficient Even If Paragraph 15 Were Cited

Separately, Paragraph 15 of Plaintiff’s Motion to Extend (A84), even if cited, did not even contain this specific allegation; rather, DePamphilis ambushed Maravelias at trial by introducing a screenshot of the comment (A103) previously available to her for “5 months” (A103;T39:6-7), excluded intentionally from her Motion. Its vague reference to “disparaging comments” on “YouTube sites” could not possibly enable Maravelias to prepare a meaningful rebuttal, unless he be expected to guess what specific legal theory the word “disparaging” embraced and to assemble records of every single comment he – an avid YouTube user and commenter – has ever or could be alleged to have made about the case, and brief legal First-Amendment analysis for the trial court on every single such comment.

This Court has held such “general statement[s]” alleging an “ongoing pattern of … behavior” do not “provide sufficient notice of the actual ‘facts alleged against the defendant’”. South v. McCabe, 156 N.H. 797, 800, 943 A.2d 779, 781 (2008) (citing RSA 173-B:3, I.). This Court likewise reversed a protective order where plaintiff’s “general reference in the petition to the respondent’s prior ‘violence’ failed to notify him of the ‘actual facts alleged against [him].’” McKenna v. Collier, No. 2014-0283, 2015 N.H. LEXIS 242 (May 8, 2015), at *5 (quoting South, 156 N.H. at *800). Here, Plaintiff’s general reference to “disparaging online comments” failed to give Maravelias adequate notice of the specific “banging 21-year-old” comment allegation which he could have rebutted with thorough constitutional law arguments had Plaintiff ever noticed her intent so to allege before her sly morning-of-Hearing ambush-maneuver (T38:17-19).

The “trial court should [have] limit[ed] its findings to the factual allegations specifically recited in” Plaintiff’s Motion to Extend. South, supra, 156 N.H. at *800. (Emphasis added) Therefore, the utter nonexistence therein of the “16-year-old Christina bragged about banging a 21-year-old man” YouTube comment allegation would warrant reversal alone, even if the trial court had cited Paragraph 15.

By errantly relying upon such “unnoticed charges”, the trial court inescapably foreordained this Court’s reversal. In re Aldrich, 156 N.H. 33 (2007).

B.       The Trial Court Infringed Defendant’s Right To Be Fully Heard By Stubbornly Rushing The Hearing And Denying His Motion to Continue

The trial court suffocated Defendant’s case and coerced him to pick-and-choose salient points to compress into a limited time, exacerbating the prejudice described hereinabove. This pervasive behavior violated Defendant’s constitutional “right to produce all proofs that may be favorable to himself”, N.H. Const., Pt. I, Art. 15, and contravened the Code of Judicial Conduct, Canon 2, Rule 2.6. State constitutional protections hereon are least co-extensive with the Fourteenth Amendment. State v. Laforest, 140 N.H. 286, 289, 665 A.2d 1083, 1086 (1995).

                                 i.      Judge Leonard Unduly Rushed The Hearing

Defendant’s right to an extension hearing is meaningless if trial courts can command-away large portions of defendants’ cases in their self-serving interest of “time limits” (T20:19):

Judge Leonard: “I’m going to stick to one hour … I know you [Maravelias] want to argue some other issues here but I want to stick to one hour.”

(T8)

Judge Leonard: “This isn’t going to be a three-day hearing. This is going to be a one-hour hearing.”

(T20)

Maravelias: “Your Honor, I think we definitely are going to -- at some point, need to continue this. I mean, I have at least two witnesses.”

Judge Leonard: “Okay. Well, we’re going to finish it today.”

Maravelias: “…probably going to be necessary to continue it to a further date.”

Judge Leonard: “But I don’t want to. I want to finish it today. So that’s why I’m asking you to stay focused on your testimony.”

(T81) (Emphasis added)

This behavior furthered Defendant’s betrayed expectation the trial court would only consider the “focused” paragraphs it cited. Judge Leonard successfully pressured Maravelias to terminate prematurely his cross-examination of Plaintiff, “So you’ve go[t] about five more minutes. Are you done?” (T120), “Ask one more question then you’re done” (T122), “[Maravelias] I would ask … that Attorney Brown also have an abbreviated cross-examination as I had abbreviated mine” (T132).

Unwilling to appear fractious, Maravelias was constrained to capitulate to the trial court’s opprobrious treatment of his rights. Having subpoenaed and prepared cross-examinations for his “two witnesses” (T81), Defendant surrendered to being “by myself today as a witness” “to be respectful towards [Judge Leonard’s improper] desire [to rush the hearing]” (T132). “In the interest of the Court’s particular wishes and requests, I won’t call any further witnesses.” (T198) Maravelias intentionally proffered the underlined qualification for appellate purposes: that, coerced, he non-consensually relinquished his due process “right to present [his] own witnesses to establish a defense”, State v. Willey, 163 N.H. 532, 542, 44 A.3d 431, 439 (2012), only because the trial court was forcing his hand. Judge Leonard interrupted Defendant’s testimony to remind, “it’s the noon hour and I’ve got afternoon hearings too”, to which Defendant acceded, “my testimony can be done, Your Honor.” (T172)

                              ii.      Harmful Denial of Motion to Continue

On 2/6/19, Defendant filed a Motion to Continue (A245) stating:

“Defendant needs more time to prepare his case and collect certain evidentiary materials in response to Plaintiff’s allegations in the Motion to Extend.”

Id. at ¶3 (A246)

The requested continuance was “without any prejudice to the Plaintiff, who [had the] stalking order extension in-effect against Maravelias … [it was] the Defendant who ha[d] requested a Hearing and who [waived] his statutory rights as to the timeliness thereof.” Id.

The trial court denied the continuance the following day (A11), abusing discretion and incapacitating Defendant’s “right to present a defense” and his own “version of the facts” where he needed more time to prepare. Washington v. Texas, 388 U.S. 14, 19, 87 S. Ct. 1920, 18 L. Ed. 2d 1019 (1967). Even if the trial court had a good reason, it “should have made a record of its reasons for denying the continuance”, Appeal of Morin, 140 N.H. 515, 520, 669 A.2d 207, 211 (1995), rather than exiguously quipping, “Motion to Continue is denied” (A11).

In fact, the trial court improperly granted Plaintiff’s Motion to Quash Defendant’s subpoena (A253), served the day prior upon Attorney Brown by the Merrimack County Sheriff, based upon its inconsistent assertion of “time limits for requiring someone to produce themselves or produce documents”. (T130) However, Maravelias properly followed the subpoena process right after receiving Plaintiff’s 1/24/19 Motion to Extend and even “emailed” it to Attorney Brown beforehand, giving “him as much [prior] notice as [Maravelias] could.” (T131) The trial court thus placed Defendant into an impossible “Catch-22” situation: disallowing him to exercise his right to subpoena a material witness (A260-262;T24:13-15) because of “time limits”, but also denying his humble request for a harmless continuance at the wrongful expense of his own fundamental rights.

“A fair trial in a fair tribunal is a basis requirement of due process.” Caperton v. A.T. Massey Coal Co., Inc., 129 S. Ct 2252, 2259 (2009). This Court must reverse as Defendant did not have a fair trial, but rather one “conducted under an undue preoccupation with hurried disposition in an atmosphere charged with haste”. United States ex rel. Robinson v. Pate, 345 F.2d 691, 692 (7th Cir. 1965) The “salutary goal” of speedy resolution of cases “must not be reached at the expense of constitutional rights”. Id.

C.      The Trial Court Failed To Review The Original Circumstances Of The Stalking Order And Refused To Admit Defendant’s Apt Evidence

The trial court routinely dismantled Defendant’s attempts to service its legal obligation under RSA 633:3-a, III-c. to “review the order, and each renewal thereof” in deciding such extension requests. When Defendant inquired Plaintiff about the original order’s factual background and defamatory effect, visible on Maravelias’s Google search results (T91-92), Judge Leonard sustained Plaintiff’s objection stating, “I don’t want to go back and relitigate what happened 2017 or even 2018” (T92:23-24). However, Maravelias was not attempting to “relitigate” anything; rather, merely to review and provide context, consistent with the statute.

Yet worse, the trial court imposed another impossible “Catch-22” situation onto Maravelias when it impulsively sustained Plaintiff’s objection to Maravelias’s on-point evidentiary exhibit at T166:8 – his written document from “the original stalking petition” “which was [his] disproof” of the petition. (T166) However, this very Court, in its 1/16/19 Final Order upholding the 2018 extension, embraced a new rule on issue preservation by sustaining Appellee’s Motion to Strike the very same document ostensibly because it hadn’t been introduced at the 2018 Hearing, only at the original 2017 proceeding. (A89)

Maravelias: “I have a right to submit all of the past evidence of their falsification … the Supreme Court upheld Attorney Brown’s novel argument, found nowhere in the Supreme [C]ourt rules, nowhere in the case law, that the appellate record … is only, like, the newest hearing thereof. … [W]hat the Supreme Court [was] saying … okay, if you wanted to have this be part of the appellate record, you could have brought it up at the most recent hearing.”

(T164-166)

This Court cannot have it both ways, (1) expecting Maravelias not to include documents in the appendix hereunder from the record in this case (albeit, from previous stages thereof), and at the same time, (2) affirming the trial court’s behavior of forbidding Maravelias to enter the same document(s) for consideration at-trial. By improperly rejecting this eye-opening exhibit, the trial court violated its statutory obligation to “review the circumstances giving rise to the original protective order”, MacPherson v. Weiner, 158 N.H. 6, 10 (2008), and abrogated Maravelias’s constitutional right “to produce all proofs that may be favorable to himself” where liberty and property interests are at stake, N.H. Const, ibid.

A near-identical occurrence Kristiansen v. Erlandson (2017-0348) is instructive. There, the Court disagreed with Mr. Erlandson’s argument the trial court failed to review original circumstances when extending a stalking order, since the trial court had “admitted ... as an exhibit” and “reviewed” Mr. Erlandson’s “letter to the court which, he asserted, explained the parties’ relationship” and “discusse[d] the events in” the original years-prior stalking order. Id. Mr. Erlandson’s admitted letter was indistinguishable in purpose from Maravelias’s dialectical “disproof of the original stalking petition” he tried to enter at T166, which the trial court rejected, unlike in Erlandson, as “not helpful for its decision making” (T166:11), divulging its utter disregard for the due process of law required by statute, necessitating reversal.

D.      The Trial Court Forbade Defendant To Present His Motion To Dismiss Arguments Orally, Forcing Reliance Upon a Written Submission It Then Totally Ignored And Never Adjudicated

Defendant-Appellant is outraged that, now for the second time, Derry District Court has completely ignored and never ruled upon a Motion to Dismiss this case. Last year, it never ruled upon Defendant’s 3/29/18 Motion to Dismiss. See Appellant’s Brief (2018-0483). Here, it again neglected to make any ruling whatsoever on his 2/14/19 Motion to Dismiss (A272) nor included in its 3/8/19 narrative extension Order a single finding on any of his legal arguments for dismissal (A6-8).

After Maravelias, in his 3/21/19 Motion for Reconsideration, begged Judge Leonard to carry-out her duty to adjudicate his “multiple legal arguments for dismissal in his 2/14/19 Motion” (A205), the trial court still deserted its duty and failed to rule upon or specifically address any such arguments (A10).

This intolerable, unabated misconduct violates the Code of Judicial Conduct, Canon 2 Rule 2.7, “Responsibility to Decide”, and vitiates Maravelias’s above-referenced due process right to be heard in self-defense.

Further, Maravelias had a denied-right to present his Motion to Dismiss orally at hearing. He tried (T4:1-2;T7:4-10;T8;T12:20-21;T13-17;T19:7-10;T20:3-6;T21), but the trial court shot-him-down only minutes into his oral motion to dismiss (T16:19-22;T18:25-19:4;T19:22-20:2;T20:23-25), ultimately constraining him to submit a written post-trial Motion to Dismiss (T201;T209-211), despite his request for “verbal argument” (T201:7). “Written submissions do not afford the flexibility of oral presentations … [p]articularly where credibility and veracity are at issue, … written submissions are a wholly unsatisfactory basis for decision”. Goldberg v. Kelly, 397 U.S. 254, 299 (1970). Here, the trial court’s history of ignoring Maravelias’s motions to dismiss magnified the prejudice suffered without an oral presentation forcing the court to listen, allowing it rather to persist in defenestrating Maravelias’s written motions insouciantly into the wind.

E.       The Trial Court’s Anomalous Dilatory Practices Prejudiced Defendant

On 12/10/18, Maravelias filed a “Motion to Amend Stalking Order To Exclude Second-Amendment-Protected Activity”. (A337) The trial court violated Dist. Div. R. 3.26 by failing to render a decision within 60-days after DePamphilis’s 12/18/18 Objection. Maravelias even filed a 1/4/19 “Motion for Timely Ruling” identifying an improper self-interested benefit to certain judicial officers by their dilatory practices. (A366) Finally, on 3/8/19, the trial court issued an Order denying the 12/10/18 Motion in one-word: “Denied”. (A6)

The trial court also inexplicably tarried to 5/21/19 to issue notice of its “April 30, 2019” Order denying reconsideration – written almost one-month prior – injuriously stifling Maravelias’s ability to initiate a meaningful appeal. (A10)

These unfair antics violated Defendant’s right to “a certain remedy ... promptly, and without delay”, N.H. Const, Pt. I., Art. 14, and warrant reversal.

F.       The Trial Court Illegally Prohibited Defendant From Videotaping Any Part Of His Own Public Hearing

Perhaps the most caricaturable travesty of justice within DePamphilis’s 2019 attack transpired as the trial court unilaterally discarded Maravelias’s statutory and constitutional right to videotape his own public hearing (T3-12) and squarely disallowed him (T8:7) even to rebut Attorney Brown’s wild attacks spoken immediately prior. Attorney Brown and Judge Leonard committed Professional and Judicial misconduct, he treating this Court’s self-censored 1/16/19 Final Order as controlling, precedential case law in violation of N.H. Sup. Ct. R. 20(2) and she willfully defying Dist. Div. R. 1.4(f) (T9-10). Judge Leonard forbade Maravelias to be heard on the matter – which he requested in writing (A270) – and even cited Plaintiff’s age and gender (T7:22-23) as grounds for delegating Plaintiff nonexistent rights to dictate Maravelias’s level of access to his own public hearing! This misconduct flagrantly violated the Code of Judicial Conduct, Canon 1 Rule 1.1; Rule 1.2; Canon 2, Rule 2.2(B); Rule 2.3 (“by words” and “conduct manifest[ed] bias” “based upon [Plaintiff’s] sex … [and] age”); and Rule 2.6(A).

This Court was simply incorrect in its rhetorical unleashing against Maravelias at the end of its self-censored 1/16/19 Final Order that trial courts can blatantly disregard the procedural requirements of Dist. Div. R. 1.4 merely by contemplating the existence of Dist. Div. R. 1.1. The trial court does have authority to impose reasonable time, place, and manner restrictions to ensure orderly execution of recording equipment. It does not, however, have the right to entirely proscribe videotaping of any kind as it did here. The error prejudiced Maravelias as DePamphilis was enabled to keep lying without the deterrent effect of being videotaped lying.

II.               WHERE CHRISTINA DEPAMPHILIS SELF-DOCUMENTED HER WILD UNDERAGE SEXUAL ESCAPADES WITH AN ADULT MAN AND WHERE DEFENDANT’S COMMENT IN A PUBLIC FORUM THEREABOUT TO A THIRD-PARTY INTERLOCUTOR WAS SOLICITED, TRUE, AND PRIVILEGED, THE TRIAL COURT’S SOLE FINDING OF FACT WAS INSUFFICIENT TO SUPPORT ITS CONCLUSION.

Appellant challenges the evidence was sufficient to support that the “banging 21-year-old” YouTube comment shows “hostility” amounting to “reasonable fear” for Plaintiff’s “personal safety” warranting an extension. The Court reviews such claims “as a matter of law and uphold[s] the findings and rulings of the trial court unless they are lacking in evidential support or tainted by error of law.” Fisher v. Minichiello, 155 N.H. 188, 921 A.2d 385 (2007).

It is a true, undisputed fact that Christina DePamphilis, when she was 16 years-old in 2017, (1) was having sexual intercourse with (“banging”) (2) “a 21-year-old man”, that (3) she ostentatiously showcased such behavior on social media, and that (4) these facts are legal record. (T184;A17-18) This was established separately at both 2018 and 2019 extension hearings[5] and never, not once, denied by her. Statements like Maravelias’s comment “made in the course of judicial proceedings are absolutely privileged from liability in civil actions”, such as Plaintiff’s civil claim here to a stalking order extension. Pickering v. Frink, 123 N.H. 326, 329, 461 A.2d 117, 119 (1983). Even if “offensive”, the statement could never be considered defamatory even if DePamphilis had disputed its truth because Maravelias disclosed the facts he relied upon as the “basis for [his] opinion”, Nash v. Keene Pub. Corp., 127 N.H. 214 (1985), viz., DePamphilis’s post annotating how far her sexual penetration moved the man’s bed (A17). Nor did the comment contain the slightest indication of intent to commit any violent or unlawful act, or threat. It did not even accuse DePamphilis or the adult man of any criminal act. It merely noted the hypocrisy of DePamphilis’s optical age-baiting-and-posturing against Maravelias. (T184)

Against this backdrop, no reasonable person in the trial court’s position could possibly conclude Maravelias’s repeating a legal argument on the internet, previously aired before the same exact court, could cause Plaintiff “reasonable fear for her personal safety”. It strains credulity to believe the trial court even believed its own theory: were the mere existence of “hostility” dispositive, all such protective orders would persist ad infinitum. It is difficult to imagine any civil stalking proceeding without some level of “hostility” between the parties as an inherent reality of the adversarial system. Where this Court esteemed MacPherson “a close case” in which the defendant actually violated the stalking order and physically drove by plaintiff’s home many times, there can be no question the evidence of Maravelias’s conduct woefully fails to support the trial court’s conclusion that Plaintiff has “ongoing, credible, and reasonable” fear. Accordingly, this Court should reverse.

III.            RSA 633:3-A, III-C. IS UNCONSTITUTIONAL AS-APPLIED TO DEFENDANT THROUGH THE TRIAL COURT’S EXTENSION ORDER.

A.      Unconstitutional Vagueness By Virtue Of Trial Court’s Failure To Identify What Specific “Offensive And Hateful Statements” Warranted Extension

                                 i.      Trial Court Left Ambiguity

Defendant-Appellant must assume it was the “banging 21-year-old man” YouTube reply upon which the trial court granted extension; indeed, it was the only alleged “online” “comment” remotely arguable as “disparaging” or “hateful and offensive” of Plaintiff. However, the trial court’s 3/8/19 Order ambiguously references “comments” in the grammatical plural, yet colloquially possibly singular. At hearing, Plaintiff alleged a second “online” “comment” by Defendant on “Change.org” (T33-34) – likewise advanced-noticed nowhere in her motion, let alone within the focused paragraphs – but she never characterized (T106) this political comment as “offensive” or “hateful”, nor even reproduced the actual text thereof whatsoever (A101), unlike the YouTube comment, nor suggested any possible similar “offensive” sexual nature.

                              ii.      Trial Court Was Required To Be Specific

The trial court failed to cure this vagueness by denying (A10) Maravelias’s 3/21/19 request for “a finding to identify the certain ‘offensive’ ‘internet’ comment(s) causing extension” (A206) and, as such, defied this Court’s controlling case law requiring “specific findings” of “prohibited conduct” for civil protective orders. Fisher, supra. Cf. Fillmore v. Fillmore, 147 N.H. 283, 284, 786 A.2d 849 (2001) (vacating protective order absent specific factual findings); Kiesman v. Middleton, 156 N.H. 479, 937 A.2d 917 (2007). There is no sound equitable or jurisprudential reason such requirements would vanish when an RSA 633:3-a, III-c. extension proceeding is concerned, versus a new stalking petition. Concealing the “basic facts from which [its] ultimate conclusion” of hateful and offensive statements was made, the trial court’s extension Order cannot survive appellate scrutiny. Economides v. Economides, 116 N.H. 191 (1976).

                            iii.      Trial Court’s Non-Specificity Is Unconstitutional

“[A] regulation ‘violates the first essential of due process of law’ by failing to provide adequate notice of prohibited conduct.” Stephenson v. Davenport Community Sch. Dist., 110 F.3d 1303 (8th Cir. 1997), citing Connally v. General Constr. Co., 269 U.S. 385, 391, 70 L. Ed. 322, 46 S. Ct. 126 (1926) (citations omitted). A statute is “impermissibly vague … if it fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits.” Hill v. Colorado, 530 U.S. 703 (2000).

As-applied, a reasonable person in Maravelias’s shoes (1) has no clue what precise calculus the trial court employed to designate certain self-defensive public-expression as “hateful” and “offensive”, two words never uttered by Plaintiff at-trial nor found in her Motion, (2) cannot say whether it relied solely upon the “banging 21-year-old” or likewise-unnoticed Change.org comment, or a combination of both, and (3) is left to speculate whether any political, opinion-speech in public about this restraining order will cause further deprivation of liberty. Ergo, the trial court violated the heightened vagueness standard attaching to speech-regulations, necessary to “ensure that ambiguity does not chill protected speech”. FCC v. Fox Television Stations, Inc., 567 U.S. 239, 254 (2012).

B.       As-Applied Violation of Fundamental Right To Free Speech And Public Self-Expression

The trial court never found Maravelias’s “statements” – whatever they, in fact, were – fell into a category of speech validly recognized by the U.S. Supreme Court as unprotected. As such, it violated his free speech rights under U.S. Const., Amend I., and N.H. Const, Pt. I., Art. 22, by applying RSA 633:3-a, III-c.  to punish his protected speech with an extended restraining order limiting his fundamental rights. First-Amendment protection surpasses the ambit of criminal prohibitions and extends to such “statutes attempting to restrict or burden the exercise of First Amendment rights.” Broadrick v. Oklahoma, 413 U.S. 601 (1973); accord State v. Brobst, 151 N.H. A.2d 1253 (2004) at *422-42.

                                 i.      Standard of Review

The YouTube comment section is the apotheosis of the 21st-century public forum where individuals may exchange competing ideas and bitterly disagree. See, e.g., Prager Univ. v. Google LLC, No. 17-CV-06064-LHK, 2018 U.S. Dist. LEXIS 51000 (N.D. Cal. Mar. 26, 2018) , at *16  (“[YouTube is] a public forum dedicated to freedom of expression to all.”);  United States v. Jeffries, No. 3:10-CR-100, 2010 U.S. Dist. LEXIS 125665 (E.D. Tenn. Oct. 22, 2010) (YouTube communication proper basis for governmental deprivation of liberty only where said communication was a “true threat” to “inflict bodily harm”). The First Amendment “requires heightened scrutiny whenever the government creates ‘a regulation of speech because of disagreement with the message it conveys.’”, Sorrell v. IMS Health Inc., 131 S. Ct. 2664 (2011), and “stands against attempts to disfavor certain subjects or viewpoints or to distinguish among different speakers, which may be a means to control content”, Citizens United v. Fed. Election Comm’n, 130 S. Ct. 882,883 (2010). “Speaker-based laws demand strict scrutiny when they reflect the Government’s ... aversion to what the disfavored speakers have to say.” Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622, 658, 114 S.Ct. 2445, 129 L.Ed.2d 497 (1994).

                              ii.      First-Amendment Analysis

Judge Leonard’s unpretending honesty in her blunt 3/8/19 Order – openly favoring the “viewpoint” of Plaintiff, striving to “control content” of Defendant’s speech, and violating his constitutional rights clear-as-night-and-day – marks a large improvement from the pathological amplified verbal posturing and disingenuous, rarefied judicial onanism of a “certain judicial officer[’s]” (T144:19) past 2018 Order in this case.[6]

This shameful judicial abuse of free speech cannot survive even intermediate scrutiny, where the regulation must be “narrowly tailored to serve a significant governmental interest, and ... leave open ample alternative channels for communication of the information”. Doe v. Harris, 772 F.3d 563 (2014), citing Ward v. Rock Against Racism, 491 U.S. 791 (1989). A statute fails intermediate scrutiny if burdening “substantially more speech than is necessary to further the government’s legitimate interests”. Ward at 799.

If Maravelias cannot even defend himself in a YouTube comment by making true statements about this case, then the regulation is neither narrowly tailored nor affords alternate channels for expression: Maravelias had no other means of dialoguing with his YouTube interlocutor, an anonymous stranger, (A103) but to respond to their comment. Nor does Maravelias’s solicited speech in public to another about this case possibly contradict the government’s interest in protecting true victims of stalking whatsoever, even minimally, where stalking conduct excludes legitimate constitutionally protected activities. See RSA 633:3-a, II.(a). The trial court enforces a palpably content-based speech regulation, warning Maravelias to discontinue his expressive conduct it finds “vile” and “disparaging” (A7), in content, to one of the parties. “Content-based regulations are presumptively invalid.” R. A. V. v. St. Paul, 505 U.S. 377, 382, 112 S. Ct. 2538, 2542 (1992).

This Court has already decided this matter favorably to Appellant in State v. Craig, 167 N.H. 361, 377 (2015) (social media communication was criminal “indirect contact” only where defendant “directed the victim to his Facebook page” and personally “addressed the victim”). Maravelias used the YouTube “Reply” (A103) feature to author a solicited comment in a one-on-one debate with a third-party. He addressed the comment individually to the sole user fooled by DePamphilis’s slander and libel against Maravelias. Cf. Rios v. Fergusan, 51 Conn. Supp. 212, 978 A.2d 592 LEXIS 3223 (Conn. Super. Ct. 2008) (YouTube communication proper grounds for civil restraining order only where defendant “specifically targeted his message at Rios by threatening her life and safety”, Id. at *222).

Accordingly, the trial court’s punishing Maravelias’s legitimate public discussion serves no governmental interest, let alone offers adequate “breathing space” for First-Amendment freedoms. Schenck v. Pro-Choice Network of W.N.Y., 519 U.S. 357, 117 S. Ct. 855 (1997). “[I]n public debate[,] our own citizens must tolerate insulting, and even outrageous, speech in order to provide adequate breathing space to the freedoms protected by the First Amendment.” Id., 519 U.S. at *383.

Should Plaintiff find offensive Maravelias’s political speech (“legal argument”, T184:4-16, criticizing the government’s determination she was a credible witness), the U.S. Supreme Court commands she is “expected to protect [her] own sensibilities ‘simply by averting [her] eyes.’” United States v. Playboy Ent’t Group, 529 U.S. 803, 813 (2000) (quoting Cohen v. California, 403 U.S. 15, 21 (1971)). The trial court’s Orwellian viewpoint-discrimination ignores what Defendant deems “offensive” – such as Plaintiff’s vulgar social-media-harassment directly specifically at him[7] (A15-16) – and impartially adulates the Plaintiff’s viewpoint of “offensiveness”. It is “often true that one man’s vulgarity is another’s lyric”. Cohen, supra.

This 3/8/19 extension was rampantly unconstitutional beyond-the-pale. Contumelious to the core tenets of American freedoms, it ought to anger The Honorable Court.

C.      As-Applied Violation of Constitutional Right To Equal Protection Under The Law

The trial court placed Maravelias into an indiscriminate “class of one” by treating him disparately compared to similarly situated individuals. See generally Village of Willowbrook v. Olech, 528 U.S. 562 (2000). Appellant incorporates-by-reference A200-201;315-322;275-276.

IV.            RSA 633:3-A, III-C. IS FACIALLY INVALID FOR SUBSTANTIAL OVERBREADTH IN VIOLATION OF THE FEDERAL CONSTITUTION AND FOR UNCONSTITUTIONAL VAGUENESS.

Appellant preserves the following federal issues to pursue, if necessary, in the United States Supreme Court.

A.      Defendant’s Trial Court Briefings Hereon Suffice For The Instant Appellate Litigation

Appellant repeats herein his extensive trial court argumentation at T25,186,204;A60-71;144-148;201 and categorically denies a duty redundantly to replicate here given the present 9,500-word limitation his 7/16/19 Motion for Extended Briefing explains is prejudicial, with essentially three separate appeals consolidated unjustly hereinto. State appellate procedure must comply with federal due process requirements. Evitts v. Lucey, 469 U.S. 387, 105 S. Ct. 830 (1985). Appellant Maravelias requests appellate judgment on the instant facial overbreadth and vagueness challenges from his incorporated-by-reference pleadings.

The Court cannot lawfully paste the “State v. Blackmer, 149 N.H. 47, 49 (2003)” “did not sufficiently develop arguments” formula here. No Court rule exists whereby incorporation-by-reference negates such arguments’ having been “fully briefed” in already-submitted pleadings. Blackmer, at *49. Maravelias’s seventeen pages (A60-71;144-148;201) of robust constitutional argument on this point and ubiquitous verbal strivings at-trial (T25,186,204) do not form “passing reference” rendering the issue “waived”. State v. Chick, 141 N.H. 503, 504, 688 A.2d 553 (1996).

B.       RSA 633:3-a, III-c. Violates Equal Protection Rights On Its Face

Appellant take this opportunity to buttress one new facet to his facial challenge introduced upon moving for reconsideration (A202). In summary, the inexplicable lowering of legal standard in subsection III-c. (for extensions) compared to III-a. (new stalking orders) in RSA 633:3-a is constitutionally defective, affording unequal rights to stalking plaintiffs and defendants solely based upon their current status of involvement with an extant order: a defect absent in comparable statutes of other jurisdictions. (A70) This Court effectively adopted Maravelias’s legal theory that “a civil finding of ‘stalking’ on the ‘preponderance of evidence’ standard cannot lawfully distinguish between past and new stalking defendants for purposes of the ‘similarly situated’ element of Equal Protection analysis” (A202) in Opinion of the Justices, 137 N.H. 260 (1993):

The bill would prohibit a defendant charged with sexual assault from commencing a civil action against a victim of the alleged crime if the civil action is ‘based upon statements or reports made by the victim that pertain to an incident from which the criminal action is derived.’ The bill thereby divides the class of plaintiffs with civil actions into those plaintiffs who are also defendants accused of sexual assault and those plaintiffs who are not also defendants accused of sexual assault, and prohibits the former from bringing civil actions during the pendency of the criminal matter. In this manner the bill treats similarly situated plaintiffs differently. See State v. LaPorte, 134 N.H. 73, 76, 587 A.2d 1237, 1238-39 (1991).

Id., at *265-266.

V.                THE TRIAL COURT UNSUSTAINABLY EXERCISED ITS DISCRETION.

A.    No Reasonable Person Could Have Possibly Adduced Credibility To Proven-Liar Christina DePamphilis’s Self-Serving Claim of “Fear”

Appellant brings to the Court’s awareness his Motion for Reconsideration pages 6 and 7 (A202-203), to which the trial court did not respond in its 4/30/19 Order (A10).

B.       The Trial Court Erred To Reimpose The Summer 2018 “Extended Terms”, Issued In Complete Absence of Jurisdiction and In Violation Of Statutory and Constitutional Law

Appellant repeats herein his Motion for Reconsideration pages 7 and 8 (A203-204) and his argumentation at A124-171;176-188. The trial court failed to specifically rebut Maravelias’s constitutional and jurisdictional arguments to dissolve the “extended terms”; they are irredeemably illegal and must be vacated for the grounds stated.

VI.            THE TRIAL COURT ERRED BY NOT GRANTING DEFENDANT’S 12/10/18 MOTION TO AMEND AND 2/14/19 MOTION TO DISMISS.

Besides the trial court’s above-discussed error of failing to render any decision whatsoever upon Defendant’s Motion to Dismiss, Appellant additionally reasserts and incorporates herein the merits of said Motion (A272).

Similarly, the trial court wrongly denied Maravelias’s 12/10/18 Motion (A337). Maravelias deserved a separate appeal this Court erroneously refused to docket.

VII.         DEFENDANT CONTINUES TO SUFFER WRONGFUL DEPRIVATION OF LIBERTY BECAUSE THIS NEW HAMPSHIRE SUPREME COURT HAS DENIED HIM THE FAIR AND FULL OPPORTUNITY TO VINDICATE FUNDAMENTAL RIGHTS GUARANTEED BY FEDERAL LAW.

Appellant respectfully observes objective facts indicating this Court maintains a hostile bias against him (A230-238) and unjustly evaded engaging actual de novo constitutional review of his as-applied challenge in Case No. 2018-0483, motivating censorship of its 1/16/19 Final Order therein. Appellant incorporates by reference his summary of this varied conduct in (1) his 1/28/19 Motion for Reconsideration therein and (2) his 6/27/19 Petition for Writ of Certiorari to the U.S. Supreme Court in Maravelias v. DePamphilis[8] (No. 19-34., NHSC No. 2018-0376), where this Court retaliated against Maravelias’s criticism-speech by issuing an Order awarding a fraudulent $4,900.00 fee award without due process of law.

Maravelias regrets this unfortunate history. Cooperatively, he wishes to put the past behind him. He befriends the Honorable Court in trust it will fulfill its duty to adjudicate properly all claims under federal law herein, rightly to hold a free society may suffer not a reprobate daughter’s precocious whoredom vitiate the righteous man’s fundamental liberties.


CONCLUSION

WHEREFORE, PREMISES CONSIDERED, Defendant-Appellant Paul Maravelias respectfully requests this Honorable Court issue an Order:

              I.            Reversing and vacating the trial court’s 3/8/19 extension order;

 

           II.            Reversing and vacating the trial court’s re-imposition of its 8/7/18 further injunctions and its denial of the 12/10/18 Motion; and

 

         III.            Declaring retroactive vacatur of the original stalking order dated 2/7/17 and the first 6/15/18 extension, that it was error to find Paul Maravelias had ever stalked the daughter of David DePamphilis.

————♦————

I, Paul Maravelias, certify that copies of the appealed decisions in writing are submitted herewith as first-items in the addendum hereunder pursuant to N.H. Sup. Ct. R. 16(3)(i)(1).

Respectfully submitted,

PAUL J. MARAVELIAS,
in propria persona

 

 

the fifth day of august 
in the year of our lord
mmxix

 


__________________________________

Paul J. Maravelias
34 Mockingbird Hill Road
Windham, New Hampshire 03087
paul@paulmarv.com
(603) 475-3305



CERTIFICATE OF SERVICE AND RULE 16(11) COMPLIANCE

 

I, Paul Maravelias, hereby certify that on this day were sent via first-class mail two copies of the within Defendant’s Brief and accompanying Appendix, postage prepaid, to Simon R. Brown, Esquire, Counsel for the Plaintiff-Appellee, Christina DePamphilis, P.O. 1318 Concord, New Hampshire, 03302-1318.

I, Paul Maravelias, hereby certify that this document was not drafted by a limited-representation attorney. See N.H. Sup. Ct. R. 16(10).

Certification, further, is made of the foregoing document’s compliance to word-count limitation, 9,496 words being contained, exclusive of the herein addendum-certificate and of other addenda. See N.H. Sup. Ct. R. 16(11), 26(7).

 

 

August 5th, 2019                                                                                                                                                  

 

__________________________________
Paul J. Maravelias


PRAYER FOR ORAL ARGUMENT

 

The Appellant, Paul Maravelias, respectfully requests Oral Argument before the full court pursuant to Rule 16(h). 15 minutes are requested.


APPENDIX

 

 

Trial Court Decisions and Orders

3/8/19 Decision Granting DePamphilis’s Motion to Extend Duration of Final Stalking Order of Protection and Related Court Orders............................................................. 1

4/30/19 Decision on Post-Trial Motions......................................................................... 10

2/7/19 Order Denying Motion To Continue and Granting Motion to State Reasons 11

Motion To Extend

Maravelias 1/28/19 First-Amended Verified Objection to DePamphilis Motion to Extend.......................................................................................................................................... 12

Maravelias 1/28/19 Memorandum of Law in Support of Objection to DePamphilis Motion to Extend.......................................................................................................................... 51

Maravelias 1/15/19 Preliminary Objection to Motion to Extend................................. 72

DePamphilis 1/24/19 Verified Motion to Extend Duration of Stalking Final Order of Protection (redundant exhibits excluded – see Plaintiff’s Hearing exhibits #1 and #4).......................................................................................................................................... 78

Trial Court 2/12/19 Hearing Exhibits

Plaintiff Exhibit #1 (NHSC 1/16/19 Final Order in 2018-0483).................................. 89

Plaintiff Exhibit #2 (Google screenshot and YouTube comments screenshots) [T33] 101

Plaintiff Exhibit #3 (Exerpt of Maravelias Reply Brief in 2018-0376)......... [T44] 109

Plaintiff Exhibit #4 (NHSC 11/30/18 Final Order in 2018-0376)............................. 111

Defendant’s Exhibit A (Maravelias 10/23/18 location history).................... [T147] 115

Defendant’s Exhibit B (David DePamphilis 2016 text message)................. [T158] 121

Defendant’s Exhibit C (Supervisor letters)..................................................... [T160] 122

Defendant’s Exhibit D (Moving pleadings in Maravelias v. Coughlin, et al., 1:19-00143(SM) (D.N.H. 2019))........................................................................... [T167] 124

Defendant’s Exhibit E (Attorney Brown email)............................................. [T198] 195

Motion for Reconsideration Litigation

Maravelias 3/21/19 Verified Motion to Reconsider 3/8/19 Order Granting Stalking Order Extension....................................................................................................................... 196

DePamphilis 3/18/19 Verified Motion to Reconsider ................................................ 208

Maravelias 3/28/19 Objection to DePamphlis Motion to Reconsider....................... 219

DePamphilis 3/29/19 Objection to Maravelias Motion to Reconsider 3/8/19 Order Granting Stalking Order Extension............................................................................ 225

Maravelias 4/3/19 Reply to DePamphilis 3/29/19 Objection to Maravelias Motion to Reconsider 3/8/19 Order Granting Stalking Order Extension (exhibits excluded – redundant pleadings and orders in NHSC 2018-0376 and 2018-0483 preserved into this case)............................................................................................................................... 228

Maravelias 4/3/19 Declaration and Affidavit in Support of Reply to DePamphilis 3/29/19 Objection to Maravelias Motion to Reconsider 3/8/19 Order Granting Stalking Order Extension....................................................................................................................... 236

Other Pre-Trial Litigation

Maravelias 1/28/19 RSA 633:3-a, III-c. Motion to State Reasons For Granting Preliminary Extension Of Stalking Final Order of Protection..................................................... 239

Trial Court 1/29/19 Notice of Hearing ......................................................................... 241

Maravelias 2/7/19 A/V Advance Notice Form ............................................................ 242

Maravelias 2/7/19 Subpoenae to Simon R. Brown and Laurie DePamphilis........... 243

Maravelias 2/6/19 Motion to Continue.......................................................................... 245

DePamphilis 2/11/19 Bench Memorandum Regarding Defendant’s Stated Grounds For Dismissal....................................................................................................................... 248

DePamphilis 2/11/19 Motion to Quash Subpoena....................................................... 253

Maravelias 2/12/19 Objection to DePamphilis Motion to Quash (redundant exhibits excluded – see Defendant’s 2/7/19 subpoenae)....................................................... 263

DePamphilis 2/11/19 Motion to Restrict Video-Recording by Defendant at Extension Hearing (redundant exhibits excluded – see Plaintiff’s Hearing exhibit #2)....... 265

Maravelias 2/12/19 Objection to DePamphilis Motion to Restrict Video-Recording by Defendant at Extension Hearing................................................................................ 270

Other Post-Trial Litigation

Maravelias 2/14/19 Motion to Dismiss......................................................................... 272

DePamphilis 2/22/19 Objection to Maravelias Motion to Dismiss........................... 281

Maravelias 3/8/19 Verified Emergency Ex Parte Motion to Dismiss or Amend Stalking Order to Remedy Voter Suppression Conspiracy Against Respondent................ 290

Maravelias 3/28/19 Motion for Clarification................................................................ 315

DePamphilis 4/5/19 Objection to Maravelias Motion for Clarification ................... 323

Maravelias 5/10/19 Reply to DePamphilis 4/5/19 Objection to Maravelias Motion for Clarification ................................................................................................................. 325

Maravelias 3/28/19 Motion to Strike............................................................................. 328

DePamphilis 4/5/19 Objection to Maravelias Motion to Strike................................. 335

Maravelias 12/10/18 Second-Amendment Motion to Amend

Maravelias 12/10/18 Motion to Amend Stalking Final Order of Protection to Exclude Second-Amendment-Protected Activity................................................................... 337

Maravelias 12/10/18 Memorandum of Law in Support of Motion to Amend Stalking Final Order of Protection to Exclude Second-Amendment-Protected Activity............. 341

DePamphilis 12/18/18 Objection to Maravelias Motion to Amend Stalking Final Order of Protection to Exclude Second-Amendment-Protected Activity ............................ 363

Maravelias 1/4/19 Motion for Timely Ruling.............................................................. 366

Maravelias 3/21/19 Motion to Reconsider Denial of 12/10/18 Motion To Amend Stalking Final Order Of Protection To Exclude Second-Amendment-Protected Activity. 371

DePamphilis 3/29/19 Objection to Maravelias Motion to Reconsider Denial of 12/10/18 Motion To Amend Stalking Final Order Of Protection To Exclude Second-Amendment-Protected Activity.................................................................................. 375

Text of Relevant Authorities

New Hampshire Revised Statutes Annotated............................................................... 377

Constitutional Provisions................................................................................................ 378

New Hampshire Rules of the Circuit Court – District Division................................ 380

 

 

 



[1] T = Transcript of 2/12/19 Hearing on Plaintiff’s extension request.

A = Appendix herewith.

Example format: (Tx:y-z,Ta-b;A3) where non-bold numbers y-z reference lines on transcript page x and Ta-b reference whole consecutive pages.

 

[4] Even if the trial court’s explicit clarification were absent, “good cause” is not the legal standard for the pre-hearing preliminary extension, which is one of “immediate danger of irreparable harm to the party seeking injunctive relief”.  N.H. Dep’t of Envtl. Servs. v. Mottolo, 155 N.H. 57, 917 A.2d 1277 (2007).

[5] Except, only, the man’s age was established at the 2018 Hearing exclusively.

[6] Indeed, this Honorable Court’s abundant patience wore-thin of this individual’s renegade 2018 pre-retirement anti-defendant tyranny-spree, rightly issuing a stinging – stinging – plain-error-sua-sponte reversal in Cambridge Mutual Fire Insurance Company v. Mark Acciard (2018-0465). Judge Leonard however, though she erred, is not a career-criminal who belongs in federal prison.

[7] It has been held Christina DePamphilis’s incitative/vulgar social-media-cyberbullying of Maravelias (A15-16) could form a stalking course-of-conduct, Rock v. Michaels, No. 2007-0012, 2007 WL 9619509 (N.H. Dec. 7, 2007), and potentially constitute a “true threat”, O’Brien v. Borowski, 461 Mass. 415, 429 (2012).