Cook County Judges

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Judge Paul P. Biebel Jr Violates Supreme Court Denies Appeal

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Judge Paul P. Biebel Jr. has again violated stare decisis in snubbing his nose at previous United States Supreme Court Rulings and the United States Constitution.

I filed a Notice of Appeal in case no. 04 CR 17571-03 regarding the issue of personal and subject-matter jurisdiction. IT IS CLEAR THAT THE COURT NEVER HAD JURISDICTION. See: 

http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html

http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html

The trial court under the following judges in succession violated my rights by holding court without jurisdiction and failing to dismiss and vacate the case ab initio based on lack of jurisdiction: Judges Crooks, Fox, Pantle, and Alonso. All these judges are intellectual midgets who need guidance by studying case law. They all make baseless knee-jerk decisions violating higher court rulings and are unable to handle making decisions of law except for basic common variety criminal case issues. They should be barred from any case with complex federal laws or unusual questions of law.

I went to trial on February 17, 2009 and was found not guilty by the jury on Febrary 24, 2009. I am NOT appealing the verdict. I am appealing the jurisdictional pretrial rulings where Judges Fox, Pantle, and Alonso claimed that “Federal Law does Not Apply in this Case” [Judge Alonso] despite the fact that Medicaid is a joint federal state program; that “I don’t care” [Judge Pantle] in response to my complaint and request to argue the jurisdictional issues; and denials of motions to dismiss for insufficient indictment [see:

http://illinoiscorruption.blogspot.com/search/label/Indictment ], and for

violation of statute of limitations, for illegally impaneled grand jury, for misstatement of the law to the grand jury, for extensive perjury of the State witness to the grand jury, for violation of speedy trial statutes, for violation of the Supremacy clause, for failure to state a valid charge, and for lack of personal and subject-matter jurisdiction because the sham prosecutor IL Attorney General Lisa Madigan has no legal authority in Illinois to independently appear before a grand jury, obtain an indictment, or prosecute a case without the invitation, review of evidence and decision of charges, consent, and at least minimual participation of the County State’s Attorney – which was never done in this or similar cases.

I filed a Notice of Appeal per IL Supreme Court Rules on March 9, 2009 stating I was appealing the jurisdictional issues and not the verdict. By IL Supreme Court rules the Clerk is REQUIRED to transmit the Notice of Appeal to the IL Appellate Court, and the Circuit Court loses jurisdiction once the Notice of Appeal is filed.

The Clerk of the Circuit Court has in violation of her oath of office to follow the law refused to transmit the Notice of Appeal to the IL Appellate Court because she was ordered by Presiding Criminal Court Judge Paul Biebel Jr (not trial judge) not to transmit the Notice of Appeal or prepare the Record on Appeal.

Therefore, Judge Biebel’s order is null and void as he had no jurisdiction to make it and the Clerk MAY NOT follow it. I spoke with Dorothy Brown, Clerk of the Circuit Court today and she promised to look into this and get back to me.

In addition, stare decisis due to United States Supreme Court opinions specifically allows appeals in criminal cases where there have been not guilty court findings IF 1. there is a controversy and 2. if the double jeaopardy clause is not invoked by a new trial being required upon reversal of the trial court rulings. See United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013, (1975); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978); and King v DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974).

In my case there are three controversies that survive the not guilty verdict: 1. jurisdiction, 2. clerk retaining 10 % of the bond would be illegal if the bail orders are declared void when the court is declared to have had no jurisdiction, and 3. pending civil rights suits against AG Madigan and J Pantle for malicious prosecution, wrongful pretrial incarceration, and other torts are only valid if these persons lose absolute prosecutorial or judicial immunity. The only time they lose immunity is if the case is totally void and there is proven to be no jurisdiction – which is the case in this instance.
Double jeopardy is NOT INVOKED if I should lose the appeal of the jurisdictional issues as this would only mean that the case was valid and the not guilty verdict would stand. If I win the appeal and it is declared that there never was jurisdiction of the court or the prosecutor, then Clerk Dorothy Brown must return the $1100 she retained as 10 % of the bond because the bond orders would become void and the case against AG Madigan and Judge Pantle would proceed.

I have not decided between several options as to how to cause Dorothy Brown to prepare the record on appeal and transmit my notice of appeal. The right thing for her to do is to inform Judge Biebel that she refuses to violate Supreme Court Rules, United States Supreme Court rulings, and her oath of office and that she would not honor his illegal and void order, but was transmitting the Notice of Appeal to the IL Appellate Court and was preparing the record on appeal.

I could also make a motion to the IL Appellate Court requesting that they order Dorothy Brown to transmit the Notice of Appeal and prepare the record on appeal, as well as voiding Judge Biebel’s illegal order. I could also ask for the Illinois Supreme Court to do the same under a Motion for Supervisory Order or Motion for Mandamus.

Judge Biebel’s conduct is a violation of his oath of office, an illegal penalty on the exercise of my constitutional rights, official judicial misconduct, a violation of IL Supreme Court Rules, a violation of the United States Supreme Court Opinions (stare decisis or precedent), unethical, immoral, discriminatory, retaliatory, and criminal.

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