Pro Se Chicago's Weblog

September 18, 2017

Complaint for mandamus & civil rights relief from incompetent judges


When judges or officials are incompetent, malicious, or plain mean and violate your civil rights there are two other means that the public usually doesn’t realize by which they can obtain relief even during the case. The judge or official must have a mandatory (non-discretionary) duty under the law or constitution to do a particular act, must have failed to do it, and must be able to do it if ordered to do so in order to use a mandamus complaint. Civil rights law is very complicated.  Both types of complaints should be handled by an attorney, but as a starting place if you are interested in such complaints then this is an example that was filed by me, a non-attorney pro se. Look up the  case law and look up cases regarding mandamus or civil rights in the circuit courts and under your states’ laws.

  1. Mandamus – this is where you ask a court to order an official (including a judge) to perform a task that is mandatory and not discretionary like set a bail when no bail was set in violation of the law – in Illinois no bail is allowed only on murder cases, cases where the sentence may be life, or cases where a due process hearing was held and the defendant is proven to be a danger to the public or himself.
  2. Civil rights complaint for declaratory and injunctive relief. Suppose a court refuses to allow you to put any witnesses on the stand, refuses to allow you to subpoena documents or refuses to accommodate your disabilities, even when you discussed them with the disability coordinator and followed the court procedures. Under the federal civil rights act section 1983 you can ask a different court (either state or federal) under federal law to declare the judge’s acts or orders in violation of law or the constitution (declaratory relief) and order the judge to follow the law and allow you compulsory process or force the judge to accommodate your disabilities (injunctive relief).
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January 17, 2017

Help when children falsely removed by DCFS in Cook County, IL


Who to Contact if children falsely removed by DCFS

The Family Defense Center

70 E. Lake St, Suite 1100
Chicago, IL 60601
Phone: 312-251-9800
Fax: 312-251-9801
fdc@familydefensecenter.org

The Family Defense Center is a nonprofit organization whose mission is to advocate justice for families in the child welfare system. We advocate for families who need our help the most: families threatened with losing their children to foster care. Nothing is more painful for a child than to be taken from the only parents he or she knows. Yet, child protection systems throughout America frequently remove children from parents as a first resort, not a last resort. Many parents lose custody of their children to state foster care systems primarily because they are poor or because they are victims of abuse themselves. Far too many children in foster care bounce from home to home and are separated from siblings. Any family can be the victim of a false, harassing, or misguided Hotline call.

We handle the following types of cases: We do not generally handle the following types of cases:
  • Ongoing DCFS investigations for abuse or neglect
  • Safety Plan negotiations
  • Appeals of Indicated findings and Administrative Review Actions
  • A limited number of Juvenile Court cases in which DCFS is attempting to take protective custody if we have been counseling the client during an open investigation
  • Civil rights cases alleging violations of the 4th and 14th amendments.
  • Precedential appellate cases
  • Divorce
  • Parentage/paternity
  • Child Support
  • Criminal cases
  • Open Juvenile Court cases (this means that if your Juvenile Court case has already started when you first contact us, we will most likely not be able to offer you legal representation)
  • Adoption
  • Private custody cases
  • Guardianship
  • Cases in Domestic Relations Court such as Orders of Protection
  • DCFS foster care placement appeals

 

May 27, 2014

Right to present a defense


Add your case’s caption, add the standard ending to a court pleading (Respectfully submitted by _______, and the litigants name address and phone), as well as a notice of service and filing.

Look up the case law in your state as Illinois case law has no precedent in another state which is true of all case law. Substitute your state’s case law for case law here, but you may be able to obtain search terms as sell as Shephardize the U.S. Supreme Court cases to find your state’s case law by using the following:

_____________________________________________________________________________________________________

MEMORADUM OF LAW – RIGHT TO PRESENT A DEFENSE

NOW COMES Linda Shelton who respectfully presents to the court this memorandum of law.

  1. A defendant has a right to present a defense, as in In re Marriage of A’Hearn, 408 Ill.App.3d 1091, 947 N.E.2d 333, 349 Ill.Dec.696 (2011), where the court ruled that it was too harsh a sanction as well as it ignored the best interest of the child, when in a post-trial motion to change custody was dismissed due to the litigant violating discovery. The court ruled that the best interests of the child were so important that a discovery violation was not extreme enough to deny a hearing on the merits.
  2. Every defendant has a Sixth Amendment right to present a defense. People v. Manion, 67 Ill.2d 564, 10 Ill.Dec. 547, 367  N.E.2d 1313 (1977) [It is a fundamental error to deny the right to present a defense that requires the decision be overturned. Striking Manion’s response was a denial of a right to present a defense as was the court’s decision to hold the trial and deny a continuance so Manion could obtain discovery and plan a defense.  The decision of the court was overturned.]
  3. It is a fundamental doctrine of law that a party to be affected by a personal judgment must have his day in court, and an opportunity to be heard. Renaud v. Abbott, 116 US 277, 29 L Ed 629, 6 S Ct 1194 (1886). Every person is entitled to an opportunity to be heard in a court of law upon every question involving his rights or interests, before he is affected by any judicial decision on the question. Earle v McVeigh, 91 US 503, 23 L Ed 398 (1875).
  4. Per the U.S. Supreme Court, a judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his rights. Sabariego v Maverick, 124 US 261, 31 L Ed 430, 8 S Ct 461 (1888), and is not entitled to respect in any other tribunal.

June 10, 2009

Sample Appeal of Wrongful Conviction


I have now filed my Illinois Appellate Court appeal of my wrongful conviction for aggravated battery of a correctional officer. Sgt. Anthony Salemi had attacked me, falsified his records, committed perjury, and with the help of Nifong-like prosecutorial misconduct of ASAs Andrew Dalkin and John Maher and extreme judicial misconduct by Judge Joseph Kazmierski, I was convicted and sentenced to two years in the Illinois Dept. of Corrections plus one year of mandatory supervised release.

I served the minimum 6 months and the full supervised release and was not able to appeal due to illegal conduct of staff at the Cook County Dept. of Corrections and Illinois Dept. of Corrections where I was held and due to damage to my health requiring several hospitalizations within the last year since my release on March 27, 2008 from prison. The damage to my health was a result of torture at the CCDOC and IDOC by ignorant, sociopathic, poorly trained officers and incompetent medical staff (with the exception of Dr. Baker). The social workers even told me they purposely were told not to allow me to use the law library. My medications were withheld in illegal acts of willful indifference to medical needs.

I have informed the FBI and asked them to prosecute for felony conspiracy to violate rights under color of law, etc.

I will never forget the comment to me at CCDOC by Sgt. Molevetti “We got you on one made charge so I can write anything I want and get you on another.” Officer Levy said the same thing. It appears that falsification of records is common practice at CCDOC. We need to take him down and jail him too!

As soon as I win this one, the mother of all civil rights suits will be filed against these creeps. Any officer who has aided and abetted this wrongful conviction is a target in my book to be arrested, removed as an officer, and jailed for felony conspiracy to violate rights under color of law under federal law.

I strongly suggest that ANY officer or CCDOC staff who has knowledge about this wrongful conviction march over to the FBI on Roosevelt Road, ask for a duty agent and confess and turn in the corupt officers and sergeants. The time is NOW to clean up the CCDOC and get rid of decayed and dead wood! If you don’t turn them in, you are part of the corruption and are condoning it! I have no sympathy for you!

You can read my appeal and the evidence of innocence and Sgt. Salemi’s guilt along with the incomptence of Inv. Sofus, as well as the prosecutorial misconduct at: Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009

Note that the appeal exceeds the 50 pages allowed by the Appellate Court. I have written a motion for leave to file this 82 page appeal due to the extreme prosecutorial and judicial misconduct resulting in 18 different issues justifying appeal and overturning verdict.

Note that the appendix has case law on spoilation of or failure to produce critical evidence, self-representation, and insufficient indictments – all what I have already posted on this site elsewhere.

December 6, 2008

Right to Participate in Voir Dire, Side Bars, and Faretta Rules about Self-Representation – Rhode Island Judge Violates Sixth Amendment Right to Counsel and Faretta – RI Supreme Court Upholds Decision


 

Legal, Judicial And Prosecutorial Misconduct And Ethics And Civil Rights Violations Experienced By Christopher Thornton In Rhode Island Courts.

Below you will find a published dissenting decision by Rhode Island Supreme Court Justice Flanders that states the Rhode Island Superior Court violated Christopher Thornton’s Sixth Amendment rights in 3 specific ways.

“RI Supreme Court #99-376-CA, 98-263-CA (W1/96-595A)  Flanders, Justice, dissenting.  I respectfully dissent from the Court’s opinion. I believe that the Superior Court violated this pro se defendant’s Sixth Amendment rights in three specific ways.

First, both state and federal precedent required the Superior Court to conduct at least some type of a Faretta31’ inquiry with this indigent defendant after it allowed his first attorney to withdraw, appointed another attorney to represent him, and told him it would not entertain a similar motion to remove his second attorney if he could not get along with that lawyer. This error — which resulted in the defendant’s representing himself at trial against capital felony charges — cannot be rendered harmless by seizing upon this unrepresented defendant’s later admissions and using them to conclude that, notwithstanding the court’s error in failing to undertake a Faretta inquiry, he must be deemed to have knowingly and intelligently waived his right to counsel.   See related section.

Second, the trial justice violated the defendant’s constitutionally protected right to participate in juror voir dire, including sidebars during which the court conducted individual juror voir dire, by effectively precluding him from being present when this voir dire occurred.    See related section.

Third, the trial justice violated the defendant’s Sixth Amendment rights when he barred him from participating in various substantive chambers conferences that occurred throughout the trial. In my judgment, these errors constituted significant constitutional violations that require this Court to vacate the defendant’s conviction and remand this case for a new trial in the Superior Court.   See related section.”

For full dissenting opinion see: http://caught.net/cases/thornton.htm

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