There is a concept in psychology and psychiatry termed confirmatory bias, which often adversely influences the judgment of officers, attorneys, judges, and juries, resulting in biased, unfair or unlawful arrests, decisions and convictions. It is the unfortunate human tendency for each individual to become part of a position, to hold that position regardless and to hear only that which supports that position, a phenomenon known as “confirmatory bias”. Dr. Richard Rappaport, a nationally renowned member of the American Academy of Psychiatry and the Law concluded in an editorial in a leading Journal for the American Academy of Psychiatry and the Law, in 2006, that AZ, a civil rights activist, had been abused by the courts and police due to this principle, when they falsely labeled her as psychotic and treated her as an escaped mental patient, disregarding everything she said, withholding medication needed for medical illnesses that threatened her life, and even beat her. In the 2013 murder trial of David Camm, the defense argued that Camm was charged for the murders of his wife and two children solely because of confirmation bias within the investigation. Confirmatory bias is pervasive in law. It is an area which is ripe for increased efforts to recognize it, as well as for legislation and rules that incorporate methods to reduce it. To see the rest of this article click here: HOW CONFIRMATORY BIAS TAINTS THE LAW
 Editorial: Losing Your Rights: Complications of Misdiagnosis, written by Dr. Richard Rappaport, J Am Acad Psychiatry Law 34:436-8, 2006
 “David Camm Blog: Investigation under fire”. WDRB. October 10, 2013.
PLEASE come to court and show support for Shelton at the next court date on December 15, 2014, 10am, 2600 S California, Chicago IL, courtroom 506. Write letters to the U.S. Attorney, Sen. Durbin, Sen. Kirk, your senator, Rep. Lipinsky or your representative, and the press. Some addresses are at end of post. Spread the word through social media that Shelton needs public support to continue these blogs and fight unlawful attacks against her in retaliation for them and for helping so many with pro se litigation and defense.
This is a petition for writ of habeas corpus to the federal district court in Chicago. The Cook County Sheriff in retaliation for Shelton filing civil rights suits has been falsely arresting Shelton repeatedly and maliciously prosecuting her for battery to officers. Of NOTE: She is never charged with battering anyone else and has a lifelong history of non-violent pacifism. For more information go here. Also read Shelton’s other blogs: http://cookcountyjudges.wordpress.com http://chicagofbi.wordpress.com http://cookcountysheriffdeputies.wordpress.com http://illinoiscorruption.blogspot.com and search them for posts about Madigan in particular. They have beaten her so many times and so viciously that she now has post-traumatic-stress disorder and when aggressively approached by officers goes into a flashback where she cries, screams, tries to protect herself from imagined blows swinging her arms randomly (as she is reliving attacks) and cowers. If she is pushed, carried, or dragged, due to disabilities and severe balance problems she grabs at things to steady herself – all the while being out of touch with reality during these brief PTSD flashbacks. She has been arrested and charged with FELONY battery to an officer with a possible sentence of 3-14 years for “touching an officers ear and pulling her hair until her hand slipped off”. She has been held in jail one year on no bail and only recently released on $300,000 bail. This is unconstitutional excessive bail She has been denied notice, counsel of choice, discovery of evidence, and has been fraudulently accussed of being psychotic and unfit for trial, illegally without notice or jury trial, without any professional saying she was psychotic or unfit, sent to a secure mental health facility who after a few months said in court she was never unfit and is not psychotic and sent her back to jail. As a result of this lawlessness Shelton has now filed at Petition for Writ of Habeas Corpus to the Federal District Court asking for relief and presentment of the criminal conduct of judges, sheriff staff, state’s attorney, court clerk, and other corrupt persons to the U.S. Attorney for prosecution. You can read it here: (download will be 24 pages) fed habeas 6-12-14 final Full Petition with evidence (download will be 400+ pages) Habeas Petition Asst. US Attorney Zachary T. Fardon United States Attorney’s Office Northern District of Illinois, Eastern Division 219 S. Dearborn St., 5th Floor Chicago, IL 60604 Phone: (312) 353-5300 ______________________ FBI,Special Agent in Charge – Chicago Robert J. Holley 2111 W. Roosevelt Road Chicago, IL 60608 Phone: (312) 421-6700 Fax: (312) 829-5732/38 E-mail: Chicago@ic.fbi.gov _________________________ Senator Durbin WASHINGTON, D.C. 711 Hart Senate Bldg. Washington, DC 20510 9 am to 6 pm ET (202) 224-2152 – phone (202) 228-0400 – fax ____________________ Senator Kirk Washington, DC 524 Hart Senate Office Building Washington DC, 20510 Phone: 202-224-2854 Fax: 202-228-4611 ___________________ Congressman Lipinsky Washington, D.C. Office 1717 Longworth HOB Washington, DC 20515 P (202) 225 – 5701 P (866) 822 – 5701 F (202) 225 – 1012
Discovery in misdeemanor cases in Illinois do NOT follow the Illinois Supreme Court Rules on discovery which only apply to felony cases.
The rules in misdemeanor cases are described in a case called People v. Schmidt, 56 Ill.2d 572 (1974). They required the states attorney to give the defense a 1) witness list, 2) copy of confessions, and 3) any exculpatory evidence (evidence that proves the defendant or suggests the defendant is not guilty).
The defendant is NOT obliged to provide the state anything including witness lists in misdemeanor discovery. The defendant’s witnesses can decide to refuse to speak to the state’s attorney’s investigators.
There are exceptions, but the state or defendant must ask for additional discovery by motion and have a hearing before the court about this issue.
The only change in the law was in a case called People v. Kladis, 2011 IL 110920 ¶ 23, 355 Ill.Dec. 933, 960 N.E.2d 1104 [#110920, 2011 IL 110920, 2011 Ill. Lexis 2236, 2011 IL 110920] where the court ruled that the state must also provide videos from police cars capturing the incident in discovery.
See this page describing all this in more detail.
The reason to file a motion for a supervisory order with the Illinois Supreme Court (IL S Ct) is if a person is unable to file direct appeal on the issue. For example in a divorce case where the judge endlessly keeps an issue “in reserve” for more than a year, and therefore, there is no final appealable order because all issues are not dealt with, then it is appropriate to file a motion for supervisory order to the IL S Ct in order to ask for an order to force the trial judge to make a decision on the case.
Also see info from the Illinois Pro Bono organization: here
The following is an example of a motion for supervisory order. The sample IL S Ct motion for supervisory order is here.
To file it, if the court is in session you send the original and 9 copies to the IL S Ct in Springfield at their office. If they are not in session and you are in Chicago, you file an original and five copies in the Chicago office of the IL S Ct and then send one copy to each of the four justices outside of Chicago – their local offices. Recently (2013) the IL S Ct made rules on how to E-file. See their web site for updated information.
Included must be notice of service to the judge (who is the respondent) and to the other parties, an order with a place for the judges to circle either “denied” or “granted” and a place to sign it., a verified statement that you are complying with the 20 page limit to the pleading, a cover for the appendix, an affidavit that the documents in the appendix are true and accurate copies, a table of contents with page numbers for the appendix, an affidavit if you are pro se (verified statement if you are an attorney) that you have served notice and the motion to the parties and judges, and a check for $25 dollars. See IL S Ct rules 383,341-343.
The supporting record must be authenticated by the trial court clerk or verified by affidavit by attorney or pro se counsel as required in IL S Ct rule
When the British government acted like dictators and ignored the laws we had the Boston Tea Party and then the revolutionary war.
It is time for a new awakening of the Fourth branch of government – this time to clean up the courts. It is past time to talk the talk -we must walk the walk -no fear – just act! When the judge violates the law – file everything possible in state and federal court (complaint for supervisory order; complaint for mandamus; Section 1983 federal civil rights suit for injunctive relief – justices have immunity from suits for monetary damages but not from suits for injunctive relief or mandamus; Attorney Regulatory Commission Complaint; Judicial Inquiry Board Complaint; Judicial Council complaints; complain to the press; complain to officials in charge of the County or State; complain to your representatives and senators; make a request for impeachment to the speaker of the house; complain to the press, put ALL details of your case on the Internet.
The Declaration of Independence states:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. –That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.
But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.
Our right to justice is not something that the judiciary should play with. Our justice system is not a tool of self serving lawyers to use to allow lawyers to take advantage of the misfortunate and victimize them. Our courts are to serve the people and not as a profit center to protect the incomes of lawyers. We the people hereby give notice to the judiciary that you are acting in contempt of the people and that you will refrain from continuing to do so or face the consequences.
For more details see this link: http://www.perkel.com/politics/issues/fourth.htm
This decision of the Illinois Supreme Court defines the concept of due diligence in notifying a parent that there is a case where they can lose parental rights. Attempts at service by mail or personal service is NOT enough!
Supreme Court Summaries
Opinions filed October 27, 2011
In re Dar. C., 2011 IL 111083
Appellate citation: No. 4-10-0267 (unpublished order under Supreme Court Rule 23).
CHIEF JUSTICE KILBRIDE delivered the judgment of the court, with opinion.
Justices Thomas, Garman, and Karmeier concurred in the judgment and opinion.
Justice Burke specially concurred, with opinion, joined by Justice Freeman.
Justice Theis specially concurred, with opinion.
In this McLean County case, a father whose parental rights had been terminated on March 7, 2008, challenged that result for lack of personal jurisdiction. Under the Code of Civil Procedure, he filed a petition for relief from that judgment, claiming that, under the Juvenile Court Act of 1987, it was improper to serve him only by publication in Bloomington after attempts at personal service or service by certified mail were unsuccessful. Statute requires a “diligent inquiry” before a parent may be served by publication. The failed attempts had been based on potential addresses obtained through the use of computerized database searches. The State simply mailed letters but made no visits to the addresses to seek further information. The appellate court affirmed the termination order.
The termination took place in proceedings that began pursuant to 2006 charges that the respondent father’s two minor children, who were living with their mother, were neglected. It was known that the mother was receiving Social Security benefits, but no effort was made to determine their source or to obtain a release of Social Security information. Later that same year, a separate proceeding to collect child support from the father was initiated by a different attorney in the same prosecutor’s office, with the complaint being signed by a caseworker in the termination proceeding. In the collection matter, the father’s birth date, Social Security number and physical description were listed. The State indicated that it had located the respondent at a treatment center in Lake County and obtained his consent for entry of a child support order using the funds from his social security disability benefits.
In this decision, the supreme court said that “the State’s ability to obtain respondent’s contact information in the separate child support action casts significant doubt on the diligence of the State’s inquiry into respondent’s location in the termination proceedings” and that “relying on a computerized database search of a parent’s name while ignoring, or otherwise not investigating, other potentially useful information, does not constitute a diligent inquiry.” These circumstances indicate that there was a lack of personal jurisdiction over the father in attempting to serve him by publication on these facts. The appellate court was reversed and the termination of the father’s rights concerning his children was vacated as void. The cause was remanded to the circuit court for further proceedings.