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Illinois Appellate Court Snubs Nose at U.S. Supreme Court and State Law

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I have filed a criminal appeal on a case where I as a disabled person in a wheelchair was attacked by Cook County Sheriff Sgt. Anthony Salemi, he falsified his records, accused me of attacking him, committed perjury and I was wrongfully convicted:

http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009

The trial court declared me indigent and ordered the court reporter to file a free copy of the transcripts with the court for an appeal. The court reporter has refused to follow the court order. The trial judge refuses to enforce the order because he said he lost jurisdiction to the IL Appellate Court.

The IL Appellate court has six time refused to enforce the court order and compel the court reporter to file the transcripts or hold her in contempt. My appeal is therefore delayed due to the illegal and unconstitutional acts of the Illinois Appellate Court First District.

The Illinois Supreme Court also has denied a motion for supervisory order to compel the court reporter to file the transcripts and compel the IL Appellate Court to enforce the order.

 The IL Appellate Court granted the Cook County States Attorney’s motion to compel me to pay for the transcripts and file them, instead of the court reporter. This is fraud upon the court as it violates a previous court order and is contempt as it also violates the United States Supreme Court holding (precedent) in a case where they ruled that indigent defendants are entitled under the due process and equal protection clauses of the U.S. Constitution to a free transcript for appeal. Illinois Supreme Court Rule 607 also mandates that indigent defendants are entitled to free transcripts filed with the court clerk by the court reporter.

Therefore both the Illinois Supreme Court and Illinois Appellate Court are committing illegal acts.

The Illinois Appellate Court has now vacated their order to compel me to file the transcripts as I moved for them to vacate order as they illegally granted the motion from the State two days too early according to IL Supreme Court rules. They also allowed me to file immediately (instanter) my response to the States Attorney’s motion to compel me to file the transcripts. This response clearly spells out the illegal acts of the IL Appellate and IL Supreme Courts in refusing to uphold previous court orders, and statutory and constitutional rights as previously decided by the U.S. Supreme Court. These are impeachable intentional acts by these corrupt and dishonorable judges. I hope the IL Appellate Court recognizes its mistakes and doesn’t just vacate the order to re-instate it several days later when the law allows them to make a decision.

It is incumbent upon the IL Appellate Court to compel the court reporter to file the transcripts and hold her in contempt if she fails to do so.

 http://www.scribd.com/doc/18285468/Response-to-State-Motion-to-Deny-Indigent-Defendant-Transcripts-for-Appeal-Illinois-Appellate-Court-2009

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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.

Illinois Appellate Judge Sheila O’Brien Brings Court into Disrepute

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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. 
http://www.scribd.com/doc/10325794/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.
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