Pro Se Chicago's Weblog

August 1, 2014

Federal Petiton proving corrupt judges, sheriff, & state’s attorney in Cook County


SIC color_edited-1

PLEASE come to court and show support for Shelton at the next court date on Jan 13, 2016, 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

October 24, 2008

Cook County Good Time Jail Credit – Memorandum of Law


I was unlawfully convicted of criminal contempt for telling Dishonorable Judge Kathleen Pantle that she was aiding and abetting the criminal and impeachable conduct of IL Attorney General Lisa Madigan, as well as the fact that she was violating her oath of office by continuing with the criminal case against me although she had no jurisdiction.

 

In order to preserve the issue for appeal and because Dishon. J. Pantle refused to appoint a public defender after de facto removing me as Pro Se Counsel by making a written order that I was NOT ALLOWED to file any pleadings [an unconstitutional act that violates her oath of office], I firmly but politely stated I was leaving and not coming back (because she had no jurisdiction and the case was bogus) and turned around and tried to leave.

 

I was immediately arrested and immediately summarily convicted of criminal contempt and sentenced to 30 days in CCDOC. [More about all this later!] This memorandum was given to IL Supreme Court on my direct appeal of this criminal contempt conviction [a petty offense]. The IL Supreme Court denied leave to appeal – [ignored my appeal and made no ruling and refuse to consider it.]

 

As you all should know, under the IL Constitution a citizen has NO RIGHT to an appeal to the IL Supreme Court. Appeals there are by permission and they only take about 5/100 cases, usually if they find it interesting. Only Capital Cases have a right to appeal to IL Supreme Court. Therefore, the IL Appellate Court is ususally the end of the line except you can appeal by means of habeas corpus to Federal District Court AFTER you exhause all state remedies. [Appeal through IL Supreme Court AND file IL habeas corpus petition by means of motion for leave to file it to IL Supreme Court – which takes two to three years in IL – 6 mo to two years in other states].

 

No. 105037

______________________________________________________________________________________

 

In the

 SUPREME COURT

Of The State of Illinois

______________________________________________________________________________________

 

)  Petition to Appeal as a Matter of Right

) or in the Alternative Petition for Leave

) to Appeal

                                                                        ) 

LINDA SHELTON                                         )  On Appeal from Appellate Court, First

            Defendant-Appellant-Petitioner            )  District, No. 05-2053

) 

v.                                             )  There Heard on Appeal from Circuit

)   Court of Cook County, County

)   Department, Criminal Division

                                                                        )  

)   No. ACC 050087-01

            )  

STATE OF ILLINOIS                                    )   Honorable Judge Kathleen Pantle,

            Plaintiff-Appellee-Respondent              )           Trial Judge

                                                                        )   Order of Trial Court May 10, 2005

)   Order of Appellate Court

)                       June 19, 2007

 

MEMORANDUM OF LAW – GOOD TIME JAIL CREDIT

 

            Defendant, Pro Se, respectfully presents to this Honorable Court the following memorandum of law concerning statutes and case law regarding good time county jail credit.

            Under the Illinois County Jail Good Behavior Act, 730 ILCS 130, good time credit is automatic unless an administrative due process hearing initiated by the sheriff revokes the good time credit. The Circuit Court of Cook County and Illinois Appellate Courts have no legal authority in regard to revoking good time credit, as they are bound by statute, which authorizes the administrative hearings at the jail to provide the due process hearing, which by statute, must precede any revocation of good time credit.

            Silence on the record on appeal, regarding this issue, is therefore mandated to be in favor of the defendant.   Unless the State can prove that a due process administrative hearing was held revoking good time credit automatically granted to defendant, this court is legally bound to order that good time credit is granted. As the granting of credit is automatic, it is the burden of the state to prove it has been revoked by a due process administrative hearing, which it failed to do. To put the burden on the defendant violates statutes, due process, and legal precedent.

            The Fifth District Appellate Court, in People ex rel. Yoder v. Hardy, 116 Ill. App. 3d 489, 45 N.E.2d 965, 71 Ill.Dec. 811 (1983), citing the United States Supreme Court in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), stated that a prisoner has a constitutional liberty interest to due process that binds a department of corrections to follow its own regulations in revoking good time credit. When statutorily required procedures (an administrative hearing) for revoking good time credit are absent from the record, then good time credit must be presumed to stand.

            The fact that the good time credit is statutorily automatic, relieves the defendant from the burden of proving he/she applied for it and was granted it (no application is required by statute.)  It is an error of law for the Appellate Court to state, by fiat, that the defendant must prove that he/she earned good time credit or that the correctional facility employees must determine that his/her behavior was good before granting good time credit.

            The Appellate Court ruled erroneously in case at bar that a silent record in this regard is decided against the defendant. The opposite is true in the case of an automatic awarding of good time credit when the record does not support ANY evidence of an administrative hearing revoking good time credit.  The absence of an administrative order removing good time credit from the record proves that good time jail credit applies and was not revoked.

                It is inappropriate for the Appellate Court to sue sponte revoke good time credit by fiat, as it did in the case at bar (SCA B9-10, 12). The Appellate Court is legally bound to uphold the law and follow higher court precedent.

           

Dated August 11, 2007.

                                                            Respectfully Submitted,

 

                                                                                _____________________________

                                                                                Linda L. Shelton

Plaintiff-Appellant-Petitioner Pro Se

 

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