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Posts Tagged ‘Cook County Circuit Court

Fitness or competency determinations in criminal cases

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Fitness or mental competency to stand trial is a complicated topic. Legal fitness concerns the legal terms of fitness, sanity or temporary sanity, and may or may not be related to mental illness. It can also be related to physical illness or incapacity.  This is an up to date and extensive memorandum of law which can be used, after review with an attorney and after addition of any new case law that may apply in any criminal case.  The recent decision in People v. Stahl, by the Illinois Supreme Court in 2014 is included. This applies to Illinois law and U.S. Supreme Court case law.

MEMORANDUM OF LAW – FITNESS EXAMS – for Complete document download it here, which has extensive case law and authorities.  List of Topics Covered:

  1. Due Process Clause Prohibits Conviction & Sentencing of Mentally Unfit Defendants – If Bona Fide Doubt of Fitness Present at Any Time Must Examine for Fitness & Hold Fitness Hearing
  2. Statutes REQUIRE the Judge Shall Inform the Defendant that He/She has the Right to Refuse to Answer Questions at the Fitness Exam
  3. Bail may NOT be Revoked or Denied Based on Order to Undergo Fitness Examination
  4. Mental Illness is Determined by a Physician; Fitness is a Legal Term Determined by a Court
  5. Determining if there is a Bona Fide Doubt of Fitness REQUIRES a Fact Specific Inquiry
  6. Definitions of terms “psychotic”, “irrational”, “delusional”, “hallucinating”, and “competent”.
  7. Defendant has a Right to Request and Examination by a Psychiatrist or Psychologist of His/Her Choice, in Addition to the Requirement that the Judge Review Prior Psychiatric Examinations, in Determining Fitness. 
  8. Even though the Defendant is Sane at the Time of Trial, Lack of Sanity at Time of Offense may Result in Finding of Unfit for Trial when Defendant Unable to Testify about Mental State at Time of Offense & Unable therefore to Assist Counsel in His/Her Defense [General Insanity AKA Fitness or CST and Temporary Insanity are Two Different Issues]
  9. Once an Examiner’s Report is Received by the Court, it Must hold a Fitness Trial (Hearing) within 45 Days.
  10. If Found Unfit Must Determine Least Restrictive Environment for Treatment and Further Evaluation
  11. Edward’s Issues and Miscellaneous Concerns

If you have a case before a judge is it a bribe to contribute to his campaign committee?

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The Illinois Judicial Inquiry Board said it is not a bribe.

It happened in my case with Judge Riley – read here.

Take a poll and you tell us what you think:  

Hitler – Chief Judge Timothy Evans now has completely taken away our rights

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If corruption in family courts described in this blog is not enough including diverting funds from VAWA and Social Security Title IV-D to enrich judges, court-appointed attorneys, and court-appointed evaluators, now ADA accommodations are also at risk in the courts, pro se litigants are being deprived of equal protection in the courts, and we are being thrown back into the stone age in Cook County by new rules from Chief Judge Evans.  Please remember to demand fix to VAMA funding being diverted for corrupt purposes before passage. Many of our legislators are totally ignorant of what is actually happening with VAWA funds.

Chief Judge Evans enters order which prohibits cell phones in courthouses where criminal matters are heard is acting like Hitler.

Now defendants cannot contact their attorneys when their attorneys are late, cannot contact their families, cannot have their electronic calendars with them when they are representing themselves. The latest Illinois Supreme Court ruling requiring Court Clerks to allow the use of rolling scanning devices to allow persons to avoid huge page copy charges in the Clerk’s offices and in Court libraries are at risk with the bar on bringing in electronic devices.  The disabled who need assistance of electronic devices will have to ask for special permission to bring them into court buildings including palm pilots and cell phones. Many disabled persons take public transportation and need to have cell phones with them at all times to contact their doctors or others for assistance.  Now they will have to pay $3.00 to put them in tiny lockers at courthouses, but the courthouses don’t have enough little pay lockers to hold all the phones that people will have to lock up, that will no longer be allowed in courthouses.

In domestic and civil matters pro se litigants and their witnesses will be at a disadvantage.  This applies in courthouses where there are eviction cases, divorce cases and every other kind of civil case.

If they ban pro se litigants from having these devices, then they should ban the attorneys and judges from having them too so pro se litigants are not at a disadvantage.  If judges wants to go back to the stone age, then let everyone do this.  Their computer system is already in the stone age so that it is impossible to query so that the courts can cover up their corruption!

Help make a massive protest about this!! Hitler reigns in Cook County.  First the right to petition for habeas corpus has been denied, perjury by sheriff deputies is rampant, and my right to notice for a criminal trial, right to have dismissed legally insufficient complaints, right to speedy trial, right to compulsory process, and right to have access to my court file and pen and paper during trial has been eliminated – now this!!  See my new post coming soon about my recent misdemeanor conviction where all these rights were denied!

Help spread the word!

Released On 12/12/2012

Chief Judge Evans December 17, 2012, interview with CBS 2 Chicago on cell phone ban.
Circuit Court of Cook County Chief Judge Timothy C. Evans today announced beginning January 14, 2013, the public will not be permitted to bring cell phones and other electronic devices into any Circuit Court of Cook County courthouse facility except for the Richard J. Daley Center Courthouse.  The ban will affect only those courthouse facilities in which criminal matters are heard.*

Included in the ban are all electronic devices capable of connecting to the Internet or making audio or video recordings, including laptops and tablet computers. Chief Judge Evans said, “Judges brought their concerns to me that people attending court proceedings were using their cell phones to photograph witnesses, judges, jurors, and prospective jurors.  They also said persons appeared to be texting testimony to witnesses waiting their turn to testify outside the courtroom, while others were attempting to stream live to media comments by judges from the bench.” “The court is sending a strong message to gang members and others that any attempts to intimidate witnesses, jurors, and judges in court will not be permitted,” said Chief Judge Evans.  “The ban will help to make sure that justice is properly done by preserving the integrity of testimony and maintaining court decorum.” Anyone violating the ban could face prosecution for contempt of court. The new ban on cell phones and electronic devices in all courthouse facilities in which criminal matters are heard is taking place pursuant to General Administrative Order 2012-8 entered by Chief Judge Evans today, December 11, 2012. Cell phones and electronic devices will continue to be allowed into the Daley Center but the order restricts use of all such devices to public areas, away from courtrooms.  Primarily civil matters are heard in the Daley Center, along with some quasi-criminal, misdemeanor, and traffic offenses. In addition, the order exempts persons on official business with proper identification who will be allowed to bring such devices into courthouse facilities in which criminal matters are heard.  The use of all such devices by these persons will be restricted to public areas, away from courtrooms.  The following persons are exempted from the ban: current or former judges; licensed attorneys; all law enforcement officers; all government employees; persons reporting for jury service; jurors (subject to the authority of the trial judges); building and maintenance workers, equipment repair persons and vendors; and anyone authorized by order of court. Members of the news media are also exempted from the ban.  Following the anticipated approval of the circuit court’s application for extended media coverage by the Illinois Supreme Court, the media will also be allowed to use their electronic devices in the courtroom. The new policy also provides for judges to be able to enter orders permitting the use of electronic devices in any courtroom in any court facility as they deem appropriate.

*There are 13 courthouse facilities into which the public is prohibited from bringing cell phones and electronic devices as follows:
  • The George N. Leighton Criminal Court Building at 2600 S. California Ave., Chicago
  • The Cook County Juvenile Center, 1100 West Hamilton Ave., Chicago
  • The Domestic Violence Courthouse, 555 West Harrison St., Chicago
  • The Second Municipal District Skokie Courthouse, 5600 Old Orchard Road
  • The Third Municipal District Rolling Meadows Courthouse, 2121 Euclid Road
  • The Fourth Municipal District Maywood Courthouse, 1500 Maybrook Drive
  • The Fifth Municipal District Bridgeview Courthouse, 10220 S. 76th Ave.
  • The Sixth Municipal District Markham Courthouse, 16501 S. Kedzie Parkway
  • 5555 W. Grand Ave., Chicago (First Municipal District criminal branches 23 and 50)
  • 2452 W. Belmont Ave., Chicago (First Municipal District criminal branches 29 and 42)
  • 155 W. 51st St., Chicago (First Municipal District criminal branches 34 and 48)
  • 727 E. 111th St., Chicago (First Municipal District criminal branches 35 and 38)
  • 3150 W. Flournoy St., Chicago (First Municipal District criminal branches 43 and 44)

Dr Shelton asks U.S. Supreme Court to appoint special master to remove corruption in Circuit Court of Cook County

with 5 comments


On this site and in their pleadings before the Circuit Court of Cook County, the Illinois Appellate Court and the Illinois Supreme Court, Dr. Linda Shelton, Dr. Sheila Mannix, David Bambic, Milijana Vlastelica, Frank Epstein, Sandra Padron, Karyn Mehringer, Mic Gerhardt, Maisha Hamilton, Vernon Glass, Naomi Jennings, Annabel Melongo, Davy Cady and many others have shown that the Circuit Court of Cook County has allowed its judges to disregard constitutional rights such as due process, speedy trial, the right to petition for writ of habeas corpus, the right to receive notice and discovery before trial, the right to have enforced state laws as to trial and court procedure, and the right to confront witnesses against them and not have court decision made based on hearsay.

The extreme lawlessness that Shelton has documented on this site is now before the United States Supreme Court in three Petitions for Certiorari and for Mandamus and five more are in preparation. You can read them in the links at the end of this post.

In the pleadings that follow, David Bambic and Linda Shelton are asking the United States Supreme Court to review this extreme lawlessness that has caused wrongful decisions in their cases, but that also is so pervasive that hundreds if not thousands of divorce cases, orders of protection cases, criminal cases, probate cases, and child custody cases must be overturned or retried.

The state of anarchy in Cook County due to judicial ignorance, corruption, misconduct, arrogance, and maliciousness is so extreme, so harmful to children, families, the elderly, and innocent accused of crimes particularly whistle blowers who are being retaliated against, as documented in these three U.S. Supreme Court proceedings that Shelton has requested the U.S. Supreme Court to appoint a special master to review the policies and procedures of the Circuit Court of Cook County and to institute a judicial education and supervision program so that the right to petition for writ of habeas corpus, the right for a speedy trial, the right to compulsory process, the right to notice and discovery before trial, as well as other rights guaranteed by the Bill of Rights including due process or following the statutes and rules of the state and the federal codes and rules are preserved and no longer violated pervasively.

Shelton now calls for Cook County Board President Tony Preckwinkle to fire Chief Judge Timothy Evans for failure to ensure that the judges in the Circuit Court of Cook County follow the Constitutions of the United States and Illinois and the laws of the State of Illinois and these United States.

We can no longer allow this pervasive, malignant lawlessness to run our courts in Cook County and be steered by the corrupt government officials and police officials that have been doing so.

U.S. Supreme Court Petition for Writ of Mandamust concerning refusal to hear petition for writ of habeas corpus and false arrest and conviction for filing a next-friend petition for writ of habeas corpus, as well as summary (no trial) conviction and sentence of 16 mo in jail for criminal contempt for filing the habeas petition as a non-attorney (the judge declared this illegal) despite the fact that Illinois law allows it: 735 ILCS 5/10 et seq.

The links to the Appendices for this petition (3 volumes)  is as follows:
http://www.scribd.com/doc/105036484/U-S-Supreme-Court-Petition-for-Writ-of-Mandamus-lawlessness-in-Circuit-Court-of-Cook-County-Appendix-Volume-1
http://www.scribd.com/doc/105037752/U-S-Supreme-Court-Petition-for-Writ-of-Mandamus-lawlessness-in-Circuit-Court-of-Cook-County-Appendix-Volume-2
http://www.scribd.com/doc/105042475/United-States-Supreme-Court-Petition-for-Writ-of-Mandamus-lawlessness-Circuit-Court-of-Cook-County-Appendix-Vol-3
 The supplement to this petition that was filed with the U.S. Supreme Court is as follows:
David Bambic’s Petition for Writ of Certiorari concerning a divorce case where he wrongfully, unconstitutionally, and unjustly lost custody of his children and falsely is accused of being dangerous to his children due to lies and hearsay from his drug addicted ex-wife, Catherine Wood, who was given custody, while the court is refusing to acknowledge that the Departmentof Children and Family Services invested the accusations against him by his ex-wife and determined them to be unfounded which proves the judge’s orders for custody and the divorce are illegal and void.

Shelton Requests Chief Judge Evans Resignation

with 6 comments


STOP ILLINOIS CORRUPTION

Linda Lorincz Shelton, Ph.D., M.D.,

Founder and Chief Executive Officer

708 952-0040

 

April 19, 2009

 

Chief Judge Timothy Evans

Circuit Court of Cook County

50 W. Washington, Rm 2600

Chicago, IL 60602

 

        Dear Judge Evans:

            Thank you for your response letter of April 20, 2009. I understand your concerns not to involve yourself in judicial decisions concerning other judges. However, decisions on indigency petitions are not judicial decisions. They are administrative decisions. As chief administrator of the courts you are responsible for the employees under you including the judges, the clerk, and the court reporters. As you have now willfully refused to do your job and actually are condoning many criminal acts committed by judges under you, the Sheriff’s staff, the Court Clerk, and the Court Reporters, I MUST NOW ASK ON BEHALF OF THE CITIZENS OF COOK COUNTY FOR YOUR RESIGNATION. It is not acceptable for the Chief Judge of the Circuit Court of Cook County to engage in willful denial of due process on such a large scale, and at the same time to abdicate his responsibility as an administrator. The net result of your crimes is that you are participating in running the Circuit Court of Cook County as a criminal enterprise.

            It is clear from your previous responses to my concerns that you have no intention of doing your job as an administrator. Your court reporters have defied and still are defying court orders to prepare and file transcripts in 05 CR 29530 [correction – 05 CR 12718]. The Illinois Appellate Court has also violated their oaths of office and the law by failing to enforce Judge Kazmierski’s order to prepare free transcripts and file them.  Therefore, Federal Judge Coar has ruled in 09 C 105, a habeas corpus petition on this case, that the Appellate Court through their actions has waived the right of the State of Illinois to insist I exhaust State remedies with direct appeals and a petition for habeas before the Illinois Supreme Court. He is hearing my habeas petition on this [wrongful] conviction where a Cook County Correctional Officer, Sgt. Anthony Salemi, attacked me, falsified his records, perjured himself in court, and the Judge, Kazmierski, committed gross judicial misconduct and the prosecutors, Andrew Dalkin and John Maher committed gross prosecutorial misconduct resulting in an unfair trial denying me due process. Then Judge Kazmierski illegally sentenced me to two years in IDOC, refused to stay sentence pending appeal, in violation of U.S. Supreme Court Holding in Cunningham v. California, 127 S. Ct. 856 (2007). I fully expect to be vindicated and for the Sgt. to be arrested and convicted of official misconduct and other crimes and for the prosecutors to be charged with prosecutorial misconduct and punished appropriately.  Judge Kazmierski should be disciplined and I intend to find a way to hold him accountable in a court of law or before the JIB and press.

            Judge Maddux is running a criminal enterprise called the Law Division, which denies pro se litigants in particularly the constitutional rights to redress of grievances and due process. He does this by running an illegal and unconstitutional operation called the “Black Line Trial System” of which you are fully aware and condone.  He also illegally denies indigent petition and then violates law by ordering his clerks not to promptly give the litigant a copy of their petition and his order concerning the petition.  I have now publicized this misconduct and criminal RICO violation on the Internet. As you know Sheila Mannix has also documented and publicized the RICO operation run by the Family Court Division and its judges, which you apparently also condone. See:

Judge William D Maddux, in collusion with Sheriff Dart and Clerk Dorothy Brown, as well as with approval of Chief Judge Timothy Evans runs the Law Division of the Circuit Court of Cook Count as a Criminal Enterprise in violation of RICO. The following has been provided to the FBI and posted on my blogs:

 https://cookcountyjudges.wordpress.com/2009/05/19/judge-maddux-dismisses-torts-with-dual-court-assignments-for-same-case-hidden-black-line-trial-call-rico-violation/

 http://illinoiscorruption.blogspot.com/2009/05/judge-maddux-runs-law-division-cook.html

 Circuit Court of Cook County Family Division is Criminal Enterprise and committing RICO violations. See federal RICO suit brought by Dr. Sheila Mannix:

 1:09-cv-00103

 Dorothy Brown’s Clerk’s Office has violated Supreme Court Rules and failed to transmit a notice of appeal in a criminal case, as well as has refused to pepare a record of appeal in that case, along with permitting and condoning her staff in stealing court files from pro se litigants, extorting money from indigent litigants, and causing false arrest of indigent llitigants, as noted in above Internet blogs. As you are fully aware of these crimes and have failed to act to stop further crimes and remedy the above, you are aiding and abetting in such criminal acts, as well as attempting to cover them up.

 You are also fully informed that Judge Schultz, Gainer, Alonso, Pantle, Beibel have blatantly violated law, including Illinois Supreme Court Rules and United States Supreme Court Holdings. I also have evidence of misconduct of at least a half dozen other judges including Judges Kuriakos Ciecil, Brosnahan, Petrone, and Donnelly.

 http://illinoiscorruption.blogspot.com/2009/04/presiding-criminal-court-judge-paul-p.html

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

 http://illinoiscorruption.blogspot.com/2009/01/criminal-acts-il-attorney-general-lisa.html

 http://illinoiscorruption.blogspot.com/2008/12/save-life-dr-maisha-hamilton-bennett.html

 http://illinoiscorruption.blogspot.com/2008/12/lawless-corrupt-incompetent-wacko-cook_04.html

 http://illinoiscorruption.blogspot.com/2008/12/lawless-corrupt-incompetent-wacko-cook.html

 As Chief Judge of the Circuit Court you are responsible for referring judicial

misconduct to the JIB and you have failed to do so. You are also responsible for judicial assignments, yet you leave judges who blatantly violate the law in positions of authority and supervision over other judges. Your failure to do you job is not only irresponsible, but I believe purposeful.

             I have also fully informed the FBI about the above schemes and crimes, as well as your refusal to do your job. I believe these acts amount to felony theft of honest services, felony conspiracy to violate rights under color of law, felony violation of rights under color of law, obstruction of justice, extortion, fraud, official misconduct, and wire fraud, as well as other crimes including felony RICO violations.

             I respectfully therefore, as a citizen on behalf of the people of Cook County ask for your resignation as Chief Judge of the Circuit Court of Cook County.

Sincerely,

Linda Lorincz Shelton, Ph.D., M.D. 

CC:

FBI

State Police

Cook County State’s Attorney

Cook County Board

Select Advocacy Groups and the Press

Judicial Misconduct of Judge Joseph Kazmierski under Review by Federal Court

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The Federal Court is now reviewing my Petition for Writ of Habeas Corpus to overturn my wrongful conviction for battery to an officer where Judge Joseph Kazmierski and Prosecutors Andrew Dalkin and John Maher wrongfully convicted me through extreme judicial misconduct and prosecutorial misconduct. Cook County Correctional Officer – Sgt. Anthony Salemi had attacked me, falsified his records, said I attacked him, committed perjury at trial and intimidated others to support and cover-up his actions.

State’s Attorney Anita Alvarez Condones Nifong-Like Prosecutorial Misconduct – Federal Judge Coar Rules IL Appellate Court Violates Rights to Appeal

I, Dr. Linda Shelton, was wrongfully convicted of aggravated battery to a correctional officer on December 3, 2007. I have tried to appeal but the Illinois Appellate Court has illegally impeded my appeal. Fortunately Federal Judge Coar on January 14, 2009 has agreed with me and my case is now before him on a petition for writ of habeas corpus. I am optimistic that it will be granted. Cook County State’s Attorney Alvarez should withdraw the charges and ask for the case to be expunged due to extreme Nifong-like prosecutorial misconduct and perjury of the state’s witnesses as well as actual innocence. She is defending the state in the habeas proceedings. She should be held accountable if she fails to acknowledge these facts. See:

http://www.scribd.com/doc/10325794/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Aggravated-Battery-2009

Judge Coar in federal district court on 1/14/09 agreed with my petition for writ of habeas corpus that by refusing to enforce the trial courts order for the court reporter to prepare transcripts and file them with the court clerk, the state has impeded my right to a direct appeal and collateral state remedies and therefore has waived their right to insist that I exhaust state remedies. This is allowed under 28 U.S.C. section 2254 (b)(1)(B)(ii) and Lane v. Richards, 957 F.2d 363, 365 (7th Cir. 1992).

This means he has ruled that Appellate Judge Sheila O’Brien and P. Scott Neville Jr. by denying my multiple motions to compel court reporters to follow the trial court orders to prepare and file my transcripts with the court clerk, have committed an act that amounts to the state waiving their right to insist that I exhaust state remedies before seeking a fed writ of habeas corpus. This is also a violation of their oaths of office.

Cook County State’s Attorney Anita Alvarez has been ordered to reply within 21 days and reply to my motion for stay of sentence (parole) within 20 days.

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