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

July 31, 2014

Inability to pay child support, court fee, & court-appointed counselor or examiner


A COURT MAY AWARD THE NONCUSTODIAL PARENT CHILD SUPPORT IF THE CUSTODIAL PARENT IS MUCH WEALTHIER THAN NONCUSTODIAL PARENT. THIS IS SO THAT CHILD CAN LIVE SAME LIFESTYLE WITH BOTH PARENTS.

In re Marriage of Turk 2014 IL 116730

 

Appellate citation: 2013 IL App (1st) 122486.

 

      JUSTICE KARMEIER delivered the judgment of the court, with opinion.

            Chief Justice Garman and Justices Freeman, Kilbride, and Burke concurred in the judgment and opinion.

      Justice Theis specially concurred, with opinion, joined by Justice Thomas.

 

            The parties to this Cook County child support dispute divorced in 2005 and have two sons, now ages 17 and 15. In 2012, the circuit court entered an agreed order establishing the father as custodial parent and setting up a visitation schedule for the mother under which she had regular visitation with the older boy once a week, for dinner on Wednesdays, and regular visitation with the younger boy, with weekly visits from Monday to Wednesday mornings, plus alternating weekends. This system gave her nearly equal time with him. At this time it was determined that the father earned approximately $150,000 per year and that the mother was earning less than $10,000. The father asked for termination of his obligation to pay support based on his custodial status, but the circuit court’s order required him to pay $600 per month in child support and to fund medical expenses not covered by insurance. The father’s claim that his designation as custodial parent meant that statute precluded requiring him to pay child support to a noncustodial parent was rejected by the circuit court, and the father appealed.

            The appellate court, like the circuit court, rejected the father’s claim of no obligation to pay child support, and it affirmed this aspect of the trial court’s ruling. However, it remanded for an evidentiary hearing for reconsideration as to the support amount. It did not, however, interfere with the circuit court’s ruling as to medical expenses.

            In this decision, the Illinois Supreme Court said that the Illinois Marriage and Dissolution of Marriage Act expressly confers on courts the option to order either or both parents to pay an amount that is reasonable and necessary for the support of the child, and, in its discretion, to order payment of various expenses determined to be reasonable, including health needs not covered by insurance. The supreme court explained that a parent who is technically noncustodial may have visitation rights which place the child in that parent’s care for periods of time which involve commensurate cost. This can be problematic if the noncustodial parent has fewer resources to meet the substantial support costs of an extensive visitation schedule. This would not only be unfair, but would leave the poorer parent with insufficient resources to care for the child in a manner even minimally comparable to that of the wealthier parent. A child should not end up living commensurate with the wealthier custodial parent’s income only half the time, when staying with the wealthier custodial parent. This could be detrimental to the child. Therefore, a trial court may order a custodial parent to pay child support where the circumstances and the best interests of the child warrant it.

            While rejecting the custodial father’s claims as to the meaning of the statute, the appellate court had remanded for an evidentiary hearing, with directions for the circuit court to clearly explain the basis for any support awarded. It was correct in this regard, but the supreme court held that, on remand, the circuit court should also revisit with specificity the issue of what portion of uninsured medical expenses the father should be required to pay.

            The appellate court was, thus, affirmed in part and reversed in part.

________________________________________________________________

THE U.S. SUPREME COURT HAS HELD THAT BEFORE A PERSON CAN BE JAILED FOR NONPAYMENT OF CHILD SUPPORT HE MUST BE GIVEN DUE PROCESS AND IN SOME CASES AN ATTORNEY – IF THE COURT DOES NOT PROVIDE THAT DUE PROCESS AS DEFINED IN THIS CASE

Turner v. Rogers, 131 S. Ct. 2507, 180 L. Ed. 2d 452 (2011) [2011 BL 161240]

If incarcerated for failing to pay child support must have been given due process – notice, due process evidentiary hearing where it must be proven that defendant has ability to pay child support, and counsel. In a civil case, due process does not always involve appointment of counsel.

This is true only if there are procedural safeguards:

These include (1) notice to the defendant that his “ability to pay” is a critical issue in the contempt proceeding; (2) the use of a form (or the equivalent) to elicit relevant financial information from him; (3) an opportunity at the hearing for him to respond to statements and questions about his financial status; and (4) an express finding by the court that the defendant has the ability to pay,

and the opposing counsel (parent) is pro se, then the court is not required to appoint counsel.

 

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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