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Incompetent Illinois Appellate Judge Sheila O’Brien Again Violates U.S. Supreme Court Precedent

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Illinois Appellate Court First District Judge Sheila O’Brien should be impeached for official oppression and extensive violationof her oath of office. See all posts on this blog relating to her.

As is described in my other posts, I am appealing a criminal case against me for a fraudulent Illinois charge of Medicaid vendor fraud in regards to the jurisdictional issues, not in regards to the not guilty jury verdict. See:

https://cookcountyjudges.wordpress.com/2009/04/24/judge-paul-p-biebel-jr-violates-constitutional-right-illegally-withdraws-notice-of-appeal/

Ignorant Presiding Criminal Court Judge Paul P. Biebel Jr. and Trial Judge Jorge Alonso lost jurisdiction for everything except ordering the transcripts after I filed a Notice of Appeal on March 9, 2009. Yet Judge Biebel, without jurisdiction, sue sponte ordered the Notice of Appeal not to be transmitted to the IL Appellate Court in violation of Supreme Court Rules requiring the N of A to be transmitted within 5 days, and . This also closed the case and the Court Clerk then told me the record of appeal would not be transmitted to the IL Appellate Court. Judge Biebel should be removed form the bench for violation of his oath of office and violation of my constitutional right for an appeal and redress of grievances.

After I hand-carried the N of A to the IL Appellate Court, the Clerk of the Court, David Ravid, docketed the case and told me that Judge Biebel’s order does NOT apply to the IL Appellate Court. Then I showed the docket sheet to the Cook County Criminal Clerk and she said she therefore would transmit the record on appeal to the IL Appellate Court as per the IL Appellate Court the case was now active.

Ignorant and malicious Judge Alonso denied my motion for free transcripts for appeal despite declaring me indigent. This is a violation of U. S. Supreme Court holdings and stare decisis. Judge Alonso is blatantly violating case law and violating my constitutional right to an appeal. This is called official oppression or official misconduct and he should be criminally prosecuted and removed from the bench for violation of his oath of office, for this as well as for allowing the prosecution against me to proceed without ANY personal or subject-matter jurisdiction.

I filed three motions to the IL Appellate Court. One for indigency which today was granted by IL Appellate Court Judge Sheila O’Brien, but she added an order sue sponte against my wishes appointing the State Appellate Defender to be counsel for the case. I intend to  pursue this appeal pro se. There was NO motion for appointment of the State Appellate Defender. 

The State Appellate Defender can order transcripts free, but the Circuit Court of Cook County Reporter is more than a year behind in providing transcripts and therefore is impeding MANY appeals as they cannot be written without the transcripts being filed.

Incompetent and careless Judge O’Brien also denied the following two motions to order Judge Biebel to vacate and expunge his illegal, unauthorized order prohibiting the clerk form transmitting the N of A and therefore preparing the record on appeal. Judge O’Brien is violating law by ignoring IL Supreme Court rules and case law which state that a lower court loses jurisdiction once a N of A is filed and that the N of A MUST be transmitted by the clerk as a matter of law.

Judge O’Brien also violated case law and costitutional right by denying motion to order Judge Alonso to order the transcripts to be prepared free of charge by the court reporters and filed with the Clerk of the Circuit Court of Cook County. Judge O’Brien MAY NOT overturn constitutional rights to a direct appeal in a criminal case and for redress of grievances by ACTIVELY, WILLINGLY AND KNOWINGLY depriving an indigent defendant of transcripts. This denies due process and is a violation of Judge O’Brien’s oath of office. It also is the criminal act of official oppression and official misconduct.

The next step is to request an IL Supreme Court supervisory order to intervene and overturn Judge O’Brien’s unconstitutional and either incompetent or malicious, arrogant orders. I will also move the 7th Circuit Federal Court of Appeals for an order that the illegal actions of Judge O’Brien serve as a State waiver of the State’s right to insist I exhaust state remedies, where my petition for habeas corpus is pending a request for a certificate of appealability after it was denied for failure to exhaust state remedies. I have requested review under the public interest exception to the mootness doctrine and I’m challenging the ruling that I didn’t exhaust state remedies as I did present the jurisdictional issues to the IL Supreme Court twice in a direct appeal and in a habeas petition regarding a criminal contempt finding by the Trial Court in the vendor fraud case, where I allege that since the vendor fraud case lacks jurisdiction and is null and void ab initio, then the criminal contempt finding cannot be held to stand in the presence of a null hearing. The Illinois Supreme Court twice CHOSE to deny leave to appeal and leave to file petition for habeas on these issues. They should NOT be given a third bite at the apple.

http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008

http://www.scribd.com/doc/9694342/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Criminal-Contempt-2008

See above first of three links for Motion concerning Judge Biebel’s orders.

Following is Motion concerning Judge Alonso’s denial of transcript:

No. 09-0949

 

IN THE

APPELLATE COURT OF ILLINOIS

FIRST DISTRICT

 

PEOPLE OF THE STATE OF ILLINOIS       )           Appeal from the Circuit Court

                                                                        )           of Cook County, Illinois

            Plaintiff-Appellee                       )

                                                                        )

-vs.-                                                             )           No. 04 CR 17571-03

                                                                        )

LINDA L. SHELTON                             )

                                                                        )           Honorable Jorge Alonso

            Defendant-Appellant                             )           Judge Presiding

 

MOTION TO ORDER JUDGE JORGE ALONSO TO VACATE HIS ILLEGAL ORDER DENYING INDIGENT DEFENDANT FREE TRANSCRIPTS FOR APPEAL AND THE PREPARATION OF THE RECORD ON APPEAL

 

            NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Trial Court Judge Jorge Alonso to vacate his illegal order denying indigent defendant free transcripts for appeal and the preparation of the record on appeal. In support of this motion Defendant states as follows:

            Defendant, pro se, filed Notice of Appeal (Exhibit A attached to concurrently filed motion) with the Clerk of the Circuit Court of Cook County (“Clerk”) on March 9, 2009 and requested the Clerk to prepare the Record on Appeal.

            Defendant, pro se, filed Motion for Free Transcripts to be prepared and for Court Clerk to Prepare Record on Appeal without charge and presented this motion to Judge Alonso on March 20, 2009. Judge Alonso orally denied the motion without legal basis and in violation of established law. (Exhibit B) Trial Court previously declared Defendant indigent.

            It is clear from Stare Decisis, Illinois Supreme Court Rules, and common knowledge that indigent defendants must be granted free transcripts of the proceedings and free preparation of record on appeal for transmission to the Appellate Court. Failure to do so denies the defendant’s constitutional right to due process and redress of grievances.

            Therefore, Judge Alonso has violated the constitution, Illinois Supreme Court Rules, and higher court precedent in denying free transcripts and preparation of record of appeal.

 

            WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order reversing decision of Judge Alonso denying the record of proceedings and record on appeal without cost to indigent defendant.

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2 Responses

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  1. Whatever happened to this. Were you successful?

    Like

    Phyllis Zinanni

    September 11, 2012 at 8:27 pm

  2. I am still pursuing all of this.

    Like

    Linda Shelton

    September 20, 2012 at 10:32 pm


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