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Posts Tagged ‘Retaliation Against Whistle Blowwer

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.

Judge Angela Munari Petrone

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I’ve only had one experience with this judge who says the following about herself:

”I’m detail oriented,” Petrone said, when asked about her strengths. ”I think I can listen well, take good notes, try to have a good temperament, yet keep control of the courtroom and stay abreast of the law.”

I strongly disagree with her statements. She is unfair and immoral in my book. She is high on her horse and needs to be brought down a few notches and given a piece of humble pie.

On October 10, 2007 I was unlawfully arrested by Sheriff staff including Sgt. Rachel E. Wright at the entrance to the Clerk’s office at 555 W Harrison courthouse, when I had gone there to simply pick up a paper from the Clerk for a pending case.

I successfully went through the magnetometer without it beeping or lighting up. The officer at the scanner looked in my bag and saw my hand-held nebulizer with battery pack and back-up cord, the liquid medication I carry for it, an EpiPen I inject myself with (auto-epinephrine injector for medical emergencies) and she took it out and eyeballed it. I had an order from another judge in another courthouse allowing me to bring in this critical medical equipment. I cannot use regular “nebs” because I have a chemical sensitivity to the gas propellant in them.

I noticed a plain clothed middle aged black gentlman of medium build looking at the monitor as I was passing through the security entrance. After the deputy put the electrical cord back into my emergency medical bag (which I have had to use several times in courthouses before an ambulance arrived) he yelled that a person can’t bring a cord into the courthouse. I thought he was a nut case and yelled that this was none of his business and that the cord was medical equipment and I had always been permitted to bring it into courthouses, and that this medical bag never leaves my side.

He confronted me at the Clerk’s door with a male deputy and then Sgt. Wright who had NOT seen me go through the security entrance successfully. I actually have obtained a video showing the magnetometer DID NOT light up and that the deputy handed my medical equipment back to me and didn’t stop me from leaving the security entrance and entering the courthouse.

Sgt. Wright arrested me for trespass to state-supported land which is a facially invalid complaint as they had no statement on the complaint about the REQUIRED second element of such a charge  – that the person was interrupting someone’s use of the building – and the video showed I wasn’t interrupting anyone, but simply was being harrassed and illegally arrested by Sgt. Wright – who had seen me MANY times bring the medical bag into the courthouse. During the arrest the plain-clothed man identified himself as the Asst. Chief Sheriff in charge of the courthouse – A/C Gary Allens.

Sgt. Wright committed perjury in another case saying that the magnetometer beeped and that I tried to sneak in a cord. My bail was revoked on the other case because of this testimony! I clearly tried to sneak in NOTHING – as the video shows the deputy handling the cord and giving it back to me. I also showed the judge in the other case the medical bag, back up electrical cord, equipment in it, and the order form another judge allowing me to bring in this equipment! Judge Joseph Kazmierski in a grotesque act of judicial misconduct refused to view the video – that I got from the Sheriff’s office by court order! He should be removed from the bench.

Judge Petrone a short time later set bail at an obscene $25,000, and ordered me held without bond until brought the next day before Judge Kazmierski on the additional charge resulting from this of violation of bail, without stating a reason for giving a handicapped 53 yr old woman with no criminal record except for a recent wrongful conviction for battery of an officer (I was convicted of kicking a larger male officer from my wheelchair with my partially paralyzed right leg like a ninja – a physical impossibility for me – see:

http://illinoiscorruption.blogspot.com/2008/10/my-remarks-to-corrupt-judge-prosecutor.html

) and refused to view the medical equipment, or order form another judge allowing it in the courthouse, or allow me to talk about it.

Judge Petrone was impatient, rude, arrogant, and simply rubber-stamps the prosecutor no matter how ridiculous the lies with total disregard of the defendant.

I will be filing a petition for adjudication of criminal contempt against Sgt. Wright and civil rights suits for false arrest and malicious prosecution.

As an indigent and handicapped person who is a whistle blower against corrupt judges and police, it is clear that Judge Petrone has no independent or impartial and fair bone in her body. She has ten years experience as a prosecutor and clearly intends to rubber-stamp their wishes without question.

She simply aided and abetted the illegal arrest and malicious prosecution in retaliation for my whistle blower activities against her buddies. She should be held accountable for this judicial misconduct – characterized by this excessive bail for a misdemeanor – for a person who had PERMISSION to bring the alleged “cord” into the building, was ill, has strong ties to the community, and assists in the care of an elderly parent, and has no convictions except for one bogus felony where I was convicted of the impossible – attacking a larger male from a wheelchair and causing “soreness” to the chest.

Judge Petrone owes me an apology and should throw the book at the State and Sgt. Wright for this prosecutorial and police criminal misconduct.

I find it obscene and highly inappropriate to put Judge Petrone in felony court and allow her to set bail and rubber-stamp more prosecutor’s cases with bias, arrogant, and misconduct.

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