Pro Se Chicago's Weblog

February 10, 2009

Illinois Appellate Judge Sheila O’Brien Brings Court into Disrepute


I have an appeal pending before the Illinois Appellate Court on the following issue:

My case is a conviction for aggravated battery of a correctional officer. In fact, I had been assaulted and battered by Cook County Department of Corrections Sergeant Anthony Salemi on May 16, 2005. He falsified his records, and he knowingly wrongfully filed a criminal complaint against Plaintiff falsely alleging I attacked him, in retaliation for me complaining about the Cook County Department of Corrections violating my civil rights. (Denying Constitutional and statutory rights to medical care, access to courts, free brief phone call to family and attorney)
I was in jail for a 30 day sentence for criminal contempt because I told Judge Kathleen Pantle that she was violating the law in the pending fraudulent case involving a fraudulent charge of Medicaid vendor fraud (trial scheduled for February 17, 2009  rm 207 criminal court building 26th and California – all are invited) and had no jurisdiction and then said I was leaving to preserve the issue for appeal and she found me in contempt when I turned around and attempted to leave the courtroom quietly.
Sgt. Salemi stated that when he entered my cell, after sending away the female unit officer (in violation of rules that male officers may not enter female cells alone except in emergency), I attacked him while in a wheelchair and forcing my way through the door by ramming him with my wheelchair “skinning his shins” and then after this knocked him down and he stood up, “kicking him in the chest with my RIGHT leg.” This is despite the fact that I have a partial right hemiparesis with impairment of my RIGHT leg so that I can not kick it with force above the waist, the wheelchair was broken and difficult to move, I have congenital injury to the spine causing life-long weak arms and shoulders making it difficult to move the wheelchair forcefully, and I was on the sixth day of a dry hunger strike (protesting denial of access to courts and denial of medical care), intensely dehydrated and unable to stand for more than a few moments due to weakness from the dehydration. My physicians gave unrebutted testimony affirming these facts. The state had no expert witnesses or physician witnesses.
Sgt. Salemi lunged in, grabbed  my neck choking me, then flung me out of the wheel chair while pulling the wheelchair from under me causing large contusions to the back and inner thighs (3 X 5 and 4 X 6 inches) as well as bruises on my arm in the form of his fingers, contused knee upon which I landed, and a severely contused toe that got caught in the wheelchair. All of this was documented and the jury ignored it.
I was wrongfully convicted because of a biased jury. The jury became biased because of extreme Nifong-like prosecutorial misconduct by Assistant States Attorneys Andrew Dalkin and John Maher, and by outrageous denial of due process and abuse of judicial discretion by Judge Joseph Kazmierski, all of which grossly denied me a fair trial.
I was illegally sentenced to prison instead of probation, in violation of Cunningham v. California, 127 S. Ct. 856 (2007), and the Statutes of the State of Illinois. 
At CCDOC and IDOC I was illegally abused and punished for refusing to walk (IDOC staff falsely claiming I was faking my multiple medical conditions and physical handicap) during the reception process, including a life-threatening assault on me with an ammonia inhalant (purportedly given to prove I was faking a collapse and asthma attack, but which was NOT documented in records at IDOC), but which exacerbated the attack, caused brief unconsciousness and is contraindicated in asthma, as well as denial of medical care. The IDOC staff are attempting to conceal the documents about Plaintiff’s reception events at IDOC in order to cover-up their official misconduct and ADA violations, in refusing to release the reception summary to me.
The habeas petition contains all the details of the perjured testimony by Sgt. Salemi and other Sheriff officers as well as the proof of my innocence and their falsification of records. My habeas petition contains all pertinent references to the transcripts and record on appeal and all issues on appeal.
Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Aggravated-Battery-2009
The Illinois Appellate Court 1st District has now four times denied my motions to compel the court reporters to prepare a free set of transcripts and file them with the court so that my appeal can move forward. The court reporters have refused this direct order of both the trial court and appellate courts. Judge Sheila O’Brien denied another such motion on 2-5-09. This is unconstitutional and a violation of her oath of office that amounts to felony theft of honest services and conspiracy to violate my civil rights under color of law.
Judge O’Brien is OBLIGATED by U.S. Supreme Court previous rulings (stare decisis) to ensure that I am NOT prevented from filing transcripts for my appeal. Failure to enforce her court’s and the trial courts orders is a dereliction of duty and her oath of office that amounts to the federal crime of theft of honest services.  It also is a deliberate attempt to impede my appeal which is a Constitutional right. This amounts to the federal felony crime of violation of civil rights under color of law and conspiracy to violate civil rights under color of law.
Judge O’Brien has brought the court into disrepute because of her incompetent, and/or purposeful, and/or malicious in violation of the Constitution’s mandate that convicted persons have a right to an appeal. She should be impeached.
Federal Judge Coar agrees with this in general because he has ruled that the actions of the Illinois Appellate Court amount to a State willful waiver of their right to insist that I exhaust state remedies (appeals) before proceeding with a Federal Petition for Writ of Habeas Corpus to overturn this wrongful conviction based on actual innocence, as well as grotesque prosecutorial and judicial misconduct.
Please consider assisting me with donations to my legal fund and showing up for trial on 2-17-09 on the last charge I am defending. Judges tend to follow the law more and make less unconstitutional rulings when they have an audience. That is why I promote the concept of court watchers. Juries tend to have less bias against the Defendant when they see family and others showing the defendant support by filling the gallery.
Unfortunately my family is small, ill, and distant and no one can come to court. Any support in any fashion in my legal, political, and personal health struggles is appreciated.
Advertisements

November 9, 2008

Federal Habeas Corpus Petition and Exhaustion of State Remedies


Excerpt from Memorandum of Law submitted to Federal District Court, Northern District of Illinois, Eastern Division by Dr. Linda Shelton on November 10, 2008 in case no. 08 C 4627, a Petition for Writ of Habeas Corpus in a criminal contempt conviction arising from a fraudlent still pending vendor fraud case, asking the federal court to declare the criminal contempt conviction void. The vendor fraud case is where Dr. Shelton is fraudulently charged with Medicaid Vendor Fraud, under Illinois statutes, and trial is presently pending in the Circuit Court of C[r]ook county before Judge Jorge Alonso (who replaced the Dishonorable Judge Kathleen Pantle).

 

 

Dr. Shelton has committed NO fraud and is being illegally attacked by the Illinois Attorney General as a sham prosecutor without authority in the Circuit Court of C[r]ook County (only the State’s Attorney has legal authority to commence and prosecute a criminal case in Illinios with the exception of certain environment, gambling, and drug crimes as specified by statute), which therefore also has no jurisdiction, rendering the case null and void.

 

The indictment was illegally handed down by a “special” grand jury after the Asst. Attorney General John Fearon illegally appeared before the grand jury without jurisdiction, fraudulently stated the law to the grand jury, and suborned perjury by the State’s witness, Illinois State Police Investigator Reibel who committed perjury before the grand jury and withheld exculpatory evidence, rendering the indictment void. Inv. Reibel had previously fabricated evidence against Dr. Maisha Hamilton in a similar case. (He cut out her handwriting exemplars in order to use them on invoices he fabricated to charge her with forgery. The forgery charges were later withdrawn). Inv. Reibel also interviewed non-English speaking Arabic patients of Dr. Shelton WITHOUT a translator, shortly after 911 (they were scared of the plainclothes officers, some thought they were FBI agents accusing them of terrorism and answered NO to every question asked even though they didn’t understand the questions) and testified to the grand jury that these patients all said they never saw or heard of Dr. Shelton.

 

 

The charge was having a “single intention and design” to “defraud the State” by sending in “fraudulent invoices” to Illinois Medicaid between June 2000 and April 2002. See letter to FBI asking them to investigate the scheme by the Illinios Attorney General and Illinois Medicaid to violate federal law and withhold mental health care from people on Medicaid, while attacking whistle blowers against government corruption, including Dr. Shelton, with fraudulent  charges of vendor fraud. [letter located at new blog called “Illinois Corruption”  – http://illinoiscorruption.blogspot.com/%5D

 

This is kind of analogous to charging someone with murder, but not informing the defendant about the name of the victim, the date of the alleged murder, the type of weapon alleged to be used, the method by which the victim died, or the place or even continent at which the murder is alleged to have taken place. Without the who, what, where, and when, the indictment is fatally defective and the case is void!

 

 

The indictment is fatally insufficient, the Defendants have not been given any details or evidence as to which invoices are alleged to be fraudulent or what is fraudulent about them, and no evidence that explains what Dr. Shelton’s role is alleged to be in preparing or submitting the invoices.

 

 

Dr. Shelton did not start working for the group until 2001 and did not sign any paperwork allowing the group to bill under her Medicaid number until late 2001. She did not own the group or have any role whatsoever in running the group practice until after April 2002. The charges against her are therefore, entirely bogus.

 

 

Dr. Shelton underwent extensive and serious neurosurgery on her neck (breaking all bones and reconstrucing them to relieve congenital spinal stenosis that crushed the spinal cord and was causing extensive paralysis – she is disabled) in July 2000. The recovery period when she was unable to work was prolonged. She therefore was incapable of even performing any of the alleged fraudulent acts charged [although not clearly described] at the time period of the indictment. State actors are attacking her in retaliation for her whistle blower activities against corrupt Illinois and C[r]ook County officials including Illinois Attorney General Lisa Madigan.

 

 

This habeas petition is in regards to the criminal contempt finding by Dishonorable Judge Kathleen Pantle in May 2005 which Dr. Shelton alleges is void because the base pending case in which it was brought is void, thus rendering the hearing a nullity. Case law holds that a contempt charge cannot stand if it results from a void order. The indictment is void, thus the pending vendor fraud case is void. Therefore, all orders in the case including orders to appear on certain dates, bail orders holding Dr. Shelton for trial, etc. are thus void. The criminal contempt case has gone through all direct appeals (affirmed conviction by IL Appellate Court – which blatantly violated the law, IL Supreme Court denied leave to file appeal – thus exhausting state remedies). Dishonorable Judges Pantle and Alonso have either refused to hear fully briefed motions to dismiss by Dr. Shelton or denied motions to dismiss with unlawful statements such as “federal law does not apply” or the “Illinois Attorney General has jurisdiction because she is the chief law enforcement officer in Illinois.” Both of these judges are intellectually dihonest, arrrogant, rude, violating their oaths of offices to enforce the laws and constitution, and simply wrong in their rulings. One has to speculate that they may be under the influence of corrupt officials because of the extreme nature of their ignorant and wrongful statements over a four year period of time.

 

 

Dr. Shelton has exhausted state remedies on the criminal contempt charge and therefore has a legitimate Petition for Writ of Habeas Corpus pending before the Federal District Court:

 

EXHAUSTION OF STATE REMEDIES IN FEDERAL PETITION FOR

WRIT OF HABEAS CORPUS

            Petitioner has been unable to find case law pertaining to exhaustion of State remedies in one case (as in this pending vendor fraud case jurisdictional issue) through another case (as in this criminal contempt case). The definition of “exhaustion of state remedies” is thereby unclear. Guidance may be had in reviewing the following case law:

            The prisoner satisfies the exhaustion requirement if she properly pursues a claim throughout the entire appellate process of the state, but it is not clear if presentation to the entire appellate process through another case meets this definition. See:

Justices of Boston Mun. Court v. Lydon, 466 U.S. 294, 302-303 (1984) The Court stated that exhaustion requirement was satisfied by presentation of claim on appeal to state supreme court from denial of motion to dismiss. This may be on point in case at bar as all motions to dismiss were presented to the trial court in the pending vendor fraud case and then included in the argument on the criminal contempt case as proof the criminal contempt case is void because the pending vendor fraud case is void.

Burkett v. Love, 89 F.3d 135, 138 (3rd Cir. 1996) The Court held that the exhaustion

requirement was satisfied only by presentation of claim to highest state court. In case at bar, the claim of voidness of pending vendor fraud case has been presented to highest state court through motions for leave to appeal in direct appeal and motion for leave to file petition for habeas to Illinois State Supreme Court – both denied.

Wayne v. Missouri Bd. Of Probation & Parole, 83 F.3d 994, 996 (8th Cir. 1996) The Court ruled that the exhaustion requirement was satisfied when petitioner presented federal claims in full round of litigation before state trial and appellate courts even though relitigation in state forum through another procedural device possible.  In case at bar this is very much on point as pending vendor fraud case issue of lack of jurisdiction and voidness was presented through full round of litigation via criminal contempt direct appeal and collateral habeas appeal, although should Petitioner be convicted in allegedly void pending vendor fraud case, she could again directly appeal issue of lack of jurisdiction through state appellate courts and collateral habeas proceeding.

Brown v. Allen, 344 U.S. 443, 447 (1953) The Court ruled that if the state courts

considered a petitioner’s claim on direct appeal, initiation of a collateral attack in state court is not required even if a state postconviction remedy would permit reconsideration of the claim. In case at bar, this concept of possible reconsideration in another avenue therefore, does not negate the fact of exhaustion of remedies.

Casille v. Peoples, 489 U.S. 346, 350 (1989) (dictum)  The Court ruled that to force petitioner to exhaust other state remedies after fairly presenting claim to the highest state court would be “to mandate recourse to state collateral review whose results have effectively been predetermined, or permanently to bar from federal habeas prisoners in States whose Postconviction procedures are technically inexhaustible”.

Anderson v. Harless, 459 U.S. 4, 6 (1982)  The Court ruled that “the habeas petitioner must have ‘fairly presented’ to the state courts the ‘substance’ of his federal habeas corpus claim.”.  In case at bar this is on point in this pending vendor fraud case as all claims of lack of jurisdiction and voidness have been fairly presented to the state appellate courts who chose to ignore the issue or not consider the issue.

 Humphrey v. Cady, 405 U.S. 504, 516 n.18 (1972) The Court ruled that “[the] question . . . is whether any of petitioner’s claims is so clearly distinct from the claims he has already presented to the state courts that it may fairly be said that the state courts have had no opportunity to pass on the claim”. In case at bar, claims in pending vendor fraud care and criminal contempt case regarding lack of jurisdiction of court in pending vendor fraud case are identical.

This case law suggests that any type of presentation to the appellate courts of the state satisfies the requirement for exhaustion of state remedies. In the pending vendor fraud case there has essentially been a full and fair litigation of the issue of jurisdiction and thus voidness through the appellate court system in Illinois both on direct appeal and on collateral habeas proceedings regarding the pending vendor fraud case through the criminal contempt case. The Illinois Supreme Court has denied leave to appeal and leave to file petition for writ of habeas corpus. In Lewis v. Borg, 879 F.2d 697 (9th Cir. 1989) the Court ruled that exhaustion requirement  was satisfied when state supreme court denied state habeas petition without comment. Therefore, denial of leave to appeal would exhaust state remedies. 

ADDENDUM as of 11-10-08

Two additional cases which suggest that if the issues were presented to the highest court in the state by whatever avenue that this qualifies as exhaustion of remedies:

Soffar v. Dretke, 368 F.3d 441, 467 (5th Cir. 2004) and Carter v. Estelle 677 F.2d 427, 449 (5th Cir. 1982) crt. denied 460 U.S. 1056 (1983) 

Blog at WordPress.com.

%d bloggers like this: