Pro Se Chicago's Weblog

Sample appeal brief of wrongful criminal conviction


This is a copy of my appeal of a wrongful criminal conviction where an officer attacked me – appeal

This is the summary of the story about this wrongful charge of battery of an officer and my wrongful conviction and two year prison sentence:

Wrongful conviction for battery of an officer which resulted in a two (2) year sentence in violation of the U.S. Supreme Court holdings in Cunningham v. California, 127 S. Ct. 856 (2007), was alleged as follows:  Incident of alleged battery occurred in jail while Plaintiff was illegally jailed for contempt because Plaintiff told Judge Pantle she had no jurisdiction on the case. Plaintiff was found NOT GUILTY later of Medicaid
fraud.  Plaintiff has now received proof from US-DHHS that Judge Pantle did not have jurisdiction -received May 2010 regarding a 2006 FOIA request for re-certification and funding application to US-DHHS from IL Medicaid Fraud Control Unit – finally received due to executive order from Pres. Obama that agencies must answer FOIA requests, which overturned Pres. Bush’s previous order to ignore them. The proof is the MFCU application where the State in a sworn statement says that Illinois is one of six (6) states where the State Attorney General (AG) has no authority or jurisdiction to prosecute Medicaid fraud and the MFCU claims that
they turn all such prosecution over to U.S. Attorney – yet IL AG illegally violated what they swore to, thus fraudulently obtaining millions from US-DHHS, and fraudulently without jurisdiction indicted Plaintiff and at least three other people (Plaintiff’s deceased co-defendant, Vernon Glass; Maisha Hamilton Bennett; Naomi Jennings – all legitimate mental health providers who also were whistle blowers with evidence against corrupt friends of IL AG Lisa Madigan – documents available for anyone to see – please contact Plaintiff) for Medicaid
fraud. Judge Pantle held this true statement of lack of jurisdiction to be an act of contempt sentencing Plaintiff to 30 days, Sgt. Anthony Salemi, while Plaintiff was severely dehydrated, due to a dry hunger strike of six (6) days protesting refusal of jail to provide appropriate medications and diet, and severely weak in a wheelchair, sent away a female unit guard and entered Plaintiff’s cell alone stating “I’m going to make a case so you don’t get out.” This was a retaliatory statement as Plaintiff four weeks prior had won a complaint for injunction
against the Cook County Sheriff Sheahan for failure to respond to a FOIA request; the court ordered response was that the Sheriff was in violation of federal law and did not have a compliance plan for courthouses as required by the ADA.

Then Salemi grabbed Plaintiff by the neck and attacked her, stumbling and skinning his shin when the wheelchair lurched backwards with the forced of him lunging at Plaintiff and grabbing her neck. Salemi then ripped the wheelchair out from under Plaintiff while he flipped her onto the floor attacking and injuring her.

Salemi then falsified his records and said, after he entered the cell six (6) inches, while he was staring at Plaintiff who was sitting in her wheelchair in the middle of the cell four (4) feet away in a dead stop Plaintiff accelerated the wheelchair [using her congenitally weak arms and the broken wheelchair] caught him “off guard” and “bounced the wheelchair against him” – [inconsistent with his injury of a vertical scrape at the top half of his shins, which is consistent with Plaintiff’s story]. This 5” 10” 190lb healthy male claims he was too surprised as a trained correctional officer and Sergeant to defend himself against a 140lb dehydrated wheelchair confined weak female with congenitally weak arms and a broken wheelchair, to stop her from accelerating from a dead stop four (4) feet away while he was staring at her to prevent her from getting up to “ramming speed” and “bumping” him with the wheelchair. What an obvious false statement!!

Conviction occurred despite the fact Plaintiff’s physicians, the only physician witnesses, said this was impossible due to her weakness and neurological disorder [including a partial right hemiparesis and
congenital damage to nerves to arms and hands making them weak]. This was due to an extremely biased jury who was led on a leash by a corrupt prosecutor and judge.

In incident and arrest reports [which court illegally refused to allow Plaintiff’s attorney to discuss via the witnesses that prepared them in front of the jury] Salemi said Plaintiff then kicked him with her Right leg in the chest [despite the fact that Plaintiff’s Right leg is impaired and partially paralyzed, preventing her from raising it with force above her waist], but he testified differently, that Plaintiff raised both legs up and kicked him in the chest [again the neurologist testified this is physically impossible for Plaintiff to do, due to a long standing spinal cord injury (congenital and acquired)].

Plaintiff was illegally convicted of felony battery to an officer due to this perjury, prosecutorial misconduct, and judicial errors that did not allow Plaintiff to present all evidence and witnesses to impeach sole inculpatory witness, the alleged victim, as well as due to the resulting bias of the jury.

You can read Plaintiff’s appeal on line at: http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-IL-Appellate-Court-073386-Shelton-Illinois-2009 You can read the Illinois Appellate Court void opinion affirming the verdict, void because of judicial misconduct because the Illinois  Appellate Court based their opinion on a purposely fraudulent ad hominem attack on Plaintiff’s character which they delusionally or intentionally falsely claim is demonstrated by her several criminal contempt convictions and multiple torts against State and County corrupt officials and police, and in which the Appellate Court of Illinois completely ignores and trivializes Plaintiff’s multiple legitimate arguments of bias, prosecutorial misconduct, judicial misconduct, refusal to allow offers of proof, denigration of Plaintiff’s physician witnesses, destruction of exculpatory evidence in their State’s control along with failure to allow jury instructions about this (broken
wheelchair), ineffective assistance of counsel, failure of court to enforce orders to  preserve evidence and  produce evidence, etc.

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5 Comments »

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    Comment by all about computers — May 27, 2013 @ 11:42 am

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    Comment by instyler — January 10, 2014 @ 12:38 pm

  4. I am speechless after hearing of you troubles with the courts. The problem of corruption in the courts seems to be systemic.The courts have embarrassed me so many times that I am now ashamed to be an American. Because of this corruption of “trier of fact” I have withheld new technology, because I fear that the government will misuse it.

    Comment by robertgallagherr — March 2, 2014 @ 10:01 pm

  5. I don’t worry about copyright, etc. concerning my writings. I write for the public interest and encourage people to share my writing far and wide. My goal is to fumigate corruption from the Cook County Court, Sheriff’s Department and Jail, and COok County Government.

    Comment by Linda Shelton — April 17, 2014 @ 1:46 pm


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