Pro Se Chicago's Weblog

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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