Cook County Judges

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Judge jailed Shelton illegally for filing next-friend habeas petition

with 2 comments


I will be writing much more and scanning into computer and providing links to court documents later. I just want to get this on the record quickly so here is the short version.

Due to really gross judicial misconduct essentially removing the right to file a next-friend habeas petition in Cook County, just got out of 6 mo in jail wrongfully convicted of contempt of court by Judge Michael B. McHale, for filing a next-friend habeas petition as a non-attorney even though IL law specifically allows this. Then when the judge said it was illegal I said the US Supreme Court had declared in Boumedine v Bush in 2008 that even prisoners at Guantanamo Bay had a right for a next-friend (father – see Justice Souter’s footnote) to file a habeas petition and in 1980 in U.S. v Will quoting Chief Justice Marshall’s 1821 statement that violating US Supreme Court decisions and law blatently, for a judge was treason, several times, he illegally sentenced me summarily to 120 days + 180 days + 180 days consecutive sentences on three contempt charges (16) mo in jail, later reduced on my motions to 8 mo with two of the sentences concurrent so got out in 6 mo. on Nov. 6, 2010.

This sentence violated numerous U.S. Supreme Court & State higher court opinions and laws, that state that non-attorneys may file next-friend habeas petitions; cumulative contempt sentences in one trial require a jury trial if greater than 6 months summary sentence; sentences for one state of mind must be concurrent; cannot convict for same act more than once, etc. This was also done after I asked for substitution of judge as a right and Judge McHale refused – which also voids all subsequent orders and is a violation of state laws.

I filed a habeas petition pro se (for myself on this conviction in the local Cook County Circuit Court, which was illegally denied, when Judge Porter said that even if Judge McHale illegally said that filing next-friend habeas petition was illegal, this did not make him lose jurisdiction. The U.S. Supreme Court and state case law have ruled that when a judge knowingly violates the law, he violates his oath of office, commits treason and his rulings become void.

Since there is no appeal of habeas petition in IL, am in the process of getting filed a petition for certiorari with US Supreme Court.

Their clerks keep messing up and sending it back to me stating I have to go to the IL Supreme Court first. But I have sent them now twice the US Supreme Court ruling in Loftus case 334 U.S. 408 related to IL Supreme Court reply in People v Loftus 400 Ill. 432 (1948) and in Woods v Niersheimer (1926) 328 U.S. 211 where the U.S. Supreme Court held that appeal of habeas in Cook County Circuit Court, due to unique IL law, must go directly to U.S. Supreme Court, as under IL law the local court is considered the highest court in the state concerning a habeas petition if filed in the local court (habeas can also be filed in the IL Supreme Court if NO evidentiary issues and only issues of law, but not appealed to IL Supreme court).

Please encourage all to donate money to me as the legal seige against me by corrupt judges and officials is becoming impossible to defend against without money. Donations can be sent, with checks written to Albukerk & Associates, to C/O Albukerk & Associates, Shelton defense fund, 111 E Wacker Drive, Suite 111, Chicago, IL 60601. I am in DESPERATE need of financial and legal assistance. If any lawyer on the US Supreme Court bar concerned about the de facto denial of habeas in Cook County, civil rights and retaliation against whistle blowers wants to help, please contact Mr. Albukerk at 773 847-2600. PLEASE HELP ME SEND THIS MESSAGE AROUND THE COUNTRY AND WORLD AS IL IS SO EXTREMELY CORRUPT AND THEREFORE THE CONSTITUTION IN IL IS UNDER SIEGE AND WHISTLE BLOWERS AGAINST GOVERNMENT CORRUPTION ARE IN GREAT PERSONAL JEOPARDY!

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2 Responses

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  1. Hey Linda
    I see McHale, Michael B.
    http://www.cookcountycourt.org/about/index.html
    http://www.ilga.gov/search/LISGSApage.asp?

    site=ilcs&as_q=&as_epq=criminal+contempt&as_oq=&as_eq=&num=10
    Illinois statutes with advanced search function
    exact phrase = “criminal contempt”
    with all the words “punish” + “imprison”
    results in only one hit

    Searched for ‘punish imprison “criminal contempt”‘ within Illinois Compiled Statutes. New Search
    Results 1 – 1 of about 1. Advanced Search Search Tips
    1. 750 ILCS 5/505 CHAPTER 750 FAMILIES
    … of a parent during a sentence of periodic imprisonment paid to … 15 of the Non-Support Punishment Act may … in excess of 60 days, is indirect criminal contempt. …

    I am pro se but think you have procedural due process basic requirement for fairness to be informed of the charges against you including their statutory basis.

    What statutory basis was stated on the papers?
    Was the charge supported by a prosecutor?
    See S.C. decision
    YOUNG V. U.S. EX REL. VUITTON ET FILS, 481 U. S. 787 (1987)
    http://supreme.justia.com/us/481/787/case.html

    Also look in Illinois Rules of Professional Conduct
    Special responsibilities of a prosecutor
    http://www.state.il.us/court/supremecourt/rules/art_viii/artviii.htm

    Rule 3.8. Special Responsibilities of a Prosecutor

    (a) The duty of a public prosecutor or other government lawyer is to seek justice, not merely to convict.

    (b) A public prosecutor or other government lawyer shall not institute or cause to be instituted criminal charges when such prosecutor or lawyer knows or reasonably should know that the charges are not supported by probable cause.

    (c) A public prosecutor or other government lawyer in criminal litigation shall make timely disclosure to counsel for the defendant, or to the defendant if the defendant is not represented by a lawyer, of the existence of evidence, known to the prosecutor or other government lawyer, that tends to negate the guilt of the accused or mitigate the degree of the offense.

    (d) In addition to his or her obligations under Rule 3.6, a public prosecutor or other government lawyer in criminal litigation shall exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the public prosecutor or other government lawyer would be forbidden from making under Rule 3.6.

    (e) The prosecutor in a criminal case shall refrain from making extrajudicial comments that would pose a serious and imminent threat of heightening public condemnation of the accused, except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose.

    Probable cause means there must be a criminal offense
    and
    is supposed to be written
    and
    subject to discovery

    Like

    kay sieverding

    December 5, 2010 at 1:19 pm

  2. Thank you for your comments.

    Please note that I am now appealing to US Supreme Court for a supervisory order to enforce 6 previous rulings that Judge McHale violated which are all acts of treason. Your comments are astute and already part of what I am using in this petition for certiorari.

    The prosecutor was not involved in charging me but is defending the charges.

    The judge charges, convicts, and summarily sentences a person for criminal contempt. There is generally no involvement of prosecutor except that attorney ethics require him to speak up and oppose anything done illegally by a judge – they failed to do so.

    There is no probable cause. I will be scanning in and linking the charging document and transcripts and US Supreme Court petition for certiorari soon. I am ill and typing slowly.

    Like

    Linda Shelton

    December 5, 2010 at 2:48 pm


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