PATRIOTISM MEANS STANDING UP – FIGHT CORRUPTION
How can we fight corruption as an ordinary citizen?
Patriotism to me is helping not just secure our country and protecting the Constitution, but ACTIVELY working on a daily and regular basis to make our country better. This means walking the walk and not just talking the talk. Patriotism is a constant war where we serve and protect our values embodied in our Constitution. Never fight a war unless you are willing to die. Yes there are sacrifices, but that is the price of justice and freedom.
In the United States ask who in the population is thought to be putting themselves on the line every day and not shirking their responsibility to their country? I don’t just mean upholding the law as an officer! I mean standing next to your neighbor, your colleague, your co-worker, your enemy – whenever and whereever the Bill of Rights is threatened. Stand up for compassion. Stand up for opportunity. Stand up for education. Stand up for justice. Stand up for those who can’t stand up for themselves.
We have failed as Americans in the last few decades by looking the other way, being only self-centered and self-interested, putting profit before compassion and justice, ignoring our neighbors, wearing blinders next to the needy, and justifying our mistakes with pat phrases. Silence and lack of action are the biggest dangers to our democracy. Transparency, action, and open debate will save us.
Please be patriotic – VOTE at EVERY ELECTION. INFORM yourself about the candidates. Please DON”T cover up corruption. BREAK the thin blue line and stand with what’s right. SPEAK OUT for those who are attacked for defending the Bill of Rights.
Don't have a defeatest attitude. Yes we can fight city hall if we are united. We only lose if we allow intimidation, greed, defamation, and power grabbers to succeed.
UNITED WE STAND – DIVIDED WE FALL!
Saturday, May 23, 2009
Tuesday, May 19, 2009
Chief Judge Timothy Evans Asked to Resign
STOP ILLINOIS CORRUPTION
Linda Lorincz Shelton, Ph.D., M.D.
Founder and Director
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:
http://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
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.
Linda Lorincz Shelton, Ph.D., M.D.
Founder and Director
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:
http://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
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.
Sunday, May 17, 2009
Judge Maddux Runs Law Division Cook County Court as Criminal Enterprise - Dr Linda Shelton Unlawfully Arrested
Circuit Court of Cook County Law Division Presiding Judge William Maddux blatantly violates constitutional rights of litigants and runs the Circuit Court of Cook County Law Division as a criminal enterprise to enrich the County of Cook Circuit Court Clerk’s Office and Sheriff’s Office. He requires indigent plaintiffs to pay-to-play in regards to enforcing their rights to redress of grievances by filing a suit. He illegally denies indigency petitions. He illegally orders his clerks to refuse to give the litigant a copy of the order granting or denying the indigency petition.
Dr. Linda Shelton unlawfully arrested by A/C Nolan of the Cook County Sheriff's Office when she tried to get Sheriff to enforce her right to sue as an indigent person. Sheriff Dart and Court Clerk Dorothy Brown aiding and abetting, or participating in this RICO crime. This is racketeering to enrich a criminal enterprise - the Circuit Court of Cook County and the Cook County Sheriff's Office. This also illegally denies the right of citizens in Illinois to sue corrupt officials and police in C[r]ook County Illinois and Chicago.
For details please read the following document:
http://www.scribd.com/doc/15575803/Cook-County-Circuit-Court-a-Criminal-Enterprise-Judge-Maddux-2009
If you wish to help fight this corruption please donate to Dr Linda Shelton's legal fund:
Make checks payable to J. Nicolas Albukerk & Associates
Write on them - "for Dr. Linda Shelton legal fund
C/O J. Nicolas Albukerk and Associates
Dr. Linda Shelton legal fund
3025 W. 26th Street, 2nd floor
Chicago, IL 60623
Dr. Linda Shelton unlawfully arrested by A/C Nolan of the Cook County Sheriff's Office when she tried to get Sheriff to enforce her right to sue as an indigent person. Sheriff Dart and Court Clerk Dorothy Brown aiding and abetting, or participating in this RICO crime. This is racketeering to enrich a criminal enterprise - the Circuit Court of Cook County and the Cook County Sheriff's Office. This also illegally denies the right of citizens in Illinois to sue corrupt officials and police in C[r]ook County Illinois and Chicago.
For details please read the following document:
http://www.scribd.com/doc/15575803/Cook-County-Circuit-Court-a-Criminal-Enterprise-Judge-Maddux-2009
If you wish to help fight this corruption please donate to Dr Linda Shelton's legal fund:
Make checks payable to J. Nicolas Albukerk & Associates
Write on them - "for Dr. Linda Shelton legal fund
C/O J. Nicolas Albukerk and Associates
Dr. Linda Shelton legal fund
3025 W. 26th Street, 2nd floor
Chicago, IL 60623
Friday, May 15, 2009
Illinois Corruption from Stem to Stern - Recent Summary
The University of Illinois Political Science Department has written an excellent summary of corruption cases over the last 35 years or so. This is a great reference and illustrates that Illinois is run by patronage, bribery, and a long-term mentality of pay-to-play. Competence and cost-effectiveness are ignored. Power, greed, and patronage rules. That is one reason Illinois has more politicians per capita than any other state and why corruption costs taxpayers over $ 500
million per year. As most contracts in Chicago, Cook County, and Illinois require 10 % kickbacks (bribes) the burden of corruption on taxpayers in Illinois is huge and a large reason for our failing economy in Illinois.
http://www.uic.edu/depts/pols/ChicagoPolitics/Anti-corruptionReportNumber2.pdf
In my opinion, until we have a truth commission that encourages open confession and transparency, Illinois will not change.
million per year. As most contracts in Chicago, Cook County, and Illinois require 10 % kickbacks (bribes) the burden of corruption on taxpayers in Illinois is huge and a large reason for our failing economy in Illinois.
http://www.uic.edu/depts/pols/ChicagoPolitics/Anti-corruptionReportNumber2.pdf
In my opinion, until we have a truth commission that encourages open confession and transparency, Illinois will not change.
Wednesday, April 29, 2009
Cook County Jail Officer Charged with Bringing Drugs into Jail
A Cook County jail guard was ordered held on $250,000 bail April 17, 2009 after allegedly smuggling marijuana, tobacco and Bacardi rum into the Cook County Jail for an inmate.
Jose C. Nava Jr., 37, is charged with official misconduct and bringing contraband into a penal institution, among other charges.
See Chicago Sun Times article:
http://www.suntimes.com/news/24-7/1531637,county-officer-sneaks-drugs-into-jail-041709.article
Jose C. Nava Jr., 37, is charged with official misconduct and bringing contraband into a penal institution, among other charges.
See Chicago Sun Times article:
http://www.suntimes.com/news/24-7/1531637,county-officer-sneaks-drugs-into-jail-041709.article
Cook County Jail Computer SO OLD its Dangerous
The County of Cook has been so negligent in not funding computer upgrades that lawyers have asked a federal judge to order it to update the 30 year old antiquated DOS based computer system at the largest county jail in the country. Even Sheriff Dart admits that there is a danger of releasing the wrong inmate.
This is typical of Cook County where pay-to-play is King and priorities are backwards. Despite the highest county taxes in the country, Cook County because it wastes 10% of the citizen's tax dollars on "required" kickbacks, excess employees with four hour lunches, and padded salaries of incompetent patronage hires, can't afford the basics that ensure public safety. Corruption is still King in Cook County.
For more information see:
http://www.chicagobreakingnews.com/2009/03/cook-county-jail-computer.html
This is typical of Cook County where pay-to-play is King and priorities are backwards. Despite the highest county taxes in the country, Cook County because it wastes 10% of the citizen's tax dollars on "required" kickbacks, excess employees with four hour lunches, and padded salaries of incompetent patronage hires, can't afford the basics that ensure public safety. Corruption is still King in Cook County.
For more information see:
http://www.chicagobreakingnews.com/2009/03/cook-county-jail-computer.html
Friday, April 24, 2009
Presiding Criminal Court Judge Paul P. Biebel Jr Violates Law - Withdraws Defendant's Notice of Appeal
I filed a Notice of Appeal as a right with the Clerk of the Circuit Court of Cook County on March 9, 2009. I was found not guilty of Medicaid vendor fraud because it was a case of ID theft. I am NOT appealing the verdict. I am appealing the issue of jurisdiction both because controversies remain and due to the public interest exception to the mootness doctrine.
The Circuit Court loses jurisdiction once the Notice of Appeal is file. The Clerk of the Court is required by law to transmit the Notice of Appeal to the Illinois Appellate Court.
On March 20, 2009 Judge Biebel sue sponte wrote an order barring the Clerk from transmitting the Notice of Appeal or from preparing the record on appeal, illegally declaring that there was “no appeallable order”.
I too the Notice of Appeal to the Illinos Appellate Court and had the case docketed - 09-0949. I also filed the following two motions. Judge Biebel has violated his oath of office by blatantly violating law.
The result of his order would have been to deny the appeal of the jurisdictional issue, which if I win, will set precedent and prove that Illinois Attorney General Lisa Madigan and the Illinois State Police Medicaid Fraud Control Unit in conjunction with the Office of Inspector General Federal Dept. of Health and Human Services have been illegally and baselessly prosecuting a number of quality and dedicated providers of mental health services to persons on Medicaid. A win would free Dr. Maisha Hamilton Bennett, overturn her conviction and overturn the conviction of Naomi Jennings and perhaps others I don’t know about, as well as force the prosecution against Vernon Glass to cease.
As explained in the following link AG Madigan and IL Medicaid (started by previous AG Ryan and previous administrations) have a scheme to deny mental health care to persons on Medicaid, use this as a phony claim they are tough on fraud for election purposes, and use this to help balance the IL budget on the backs of the mentally ill. They are claiming that Medicaid will not pay for psychiatric services performed by non-physicians such as licensed drug-addiction counselors and psychologists when billed fee-for-service as employees of physicians. They claim it is felony fraud for a physician to bill Medicaid for services of such licensed employees.
This essentially denies mental health care to persons on Medicaid as > 80 % of mental health care in this country is provided by non-physicians. We need 30,000+ pediatric psychiatrists yet the country has less than 5,000. Failure to provide mental health care increases crime, misery, family disruption, and poverty. It is a disaster to our economy. Judge Biebel is part of the problem, not the solution. He should be impeached. As presiding criminal division judge he should be held to a higher standard and should know better.
For a detailed and exhaustive analysis of the fraudulent nature of the charges and the state scheme see:
http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html
For a detailed analysis of why the indictment is legally insufficient and therefore the case is void see:
http://illinoiscorruption.blogspot.com/2008/10/legally-insufficient-indictment-failure.html
For a shorter description of the scheme by the state to deny mental health care see:
http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html
For detailed discussion of the jurisditional issues in a federal Petition for Writ of Habeas Corpus which was denied and is pending before the 7th Circuit Court of Appeals under the public interest exception to the mootness doctrine see:
http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008
The following is my Motion to the IL Appellate Court to overturn Judge Biebel’s void and illegal order:
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 PAUL P. BIEBEL JR. TO VACATE HIS ILLEGAL ORDER FOR CIRCUIT COURT CLERK NOT TO TRANSMIT NOTICE OF APPEAL TO APPELLATE COURT
NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Presiding Circuit Court of Cook County Criminal Division Judge Paul P. Biebel Jr. to vacate his illegal order for Circuit Court of Cook County Clerk not to transmit Notice of Appeal in above titled case to Illinois Appellate Court. In support of this motion Defendant states as follows:
Defendant, pro se, filed Notice of Appeal (Exhibit A) 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, on April 10, 2009, received an order made sue sponte by Judge Paul P. Biebel Jr. instructing the Clerk NOT to transmit the Notice of Appeal to this Appellate Court stating that there was no final appealable order. (Exhibit B)
Notice of Appeal states that Defendant was found not guilty on February 24, 2009, but was appealing NOT THE VERDICT, but the issue of JURISDICTION of the court.
The Illinois Appellate Court, 3rd District in King v. DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974) ruled that a judge’s refusal to enter a finding of not guilty after a not guilty verdict was a final appealable order. The United States Supreme Court in several cases granted certiorari after not guilty verdicts and ruled that issues in cases where there were not guilty verdicts were appealable if they met two tests: 1) there remained a controversy, and 2) when there is no threat of either multiple punishments or successive prosecutions as a result of overturning the decisions of the trial court; in essence that as long as the double jeopardy clause is not offended the appeal is not barred. United States v. Jenkins, 420 U.S. 358, 95 S.Ct. 1006, (1975); Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055 (1975); United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013 (1975); United States v. Martin Linen Supply Co, 430 U.S. 564, 97 S.Ct 1349 (1977); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978)
A case is only moot when it involves no controversy. Hynde v. Hopper, 56 Ill.App.2d 152, 205 N.E.2d 647 (1965)
In the present case there remains a controversy – the issue of personal and subject matter jurisdiction. The appeal and decision about this controversy denying Defendant’s multiple motions to dismiss pretrial for lack of jurisdiction was barred until there was a final order of the court (finding of not guilty after not guilty jury verdict). The issue is not moot because a decision on jurisdiction will solve several remaining controversies. There is no limitations on the time to appeal void orders.
First, if the case lacked jurisdiction and was null and void ab initio, then all bail orders are void and the Clerk may not retain the 10% of the bail or $1100, and she must return this money to the Defendant.
Second, if the case was null and void ab initio, then the case must be expunged from Defendant’s criminal record without charge to her and without the requirement that she apply for it to be expunged.
Third, if the case was null and void ab initio, then two findings of criminal contempt found during the precedings would also be null and void and must be vacated and expunged, even IF the defendant had made contemptuous statements or made contemptuous actions during these two hearings which would become nullities. ACC 050087-01 and ACC 070057-01
Fourth and finally, Defendant also claims that the issue of jurisdiction is not moot because if the valid controversy of alleged lack of jurisdiction in this case is resolved in favor of the State’s position that there is jurisdiction, res judicata on this issue would bar any tort action against Judge Pantle and Attorney General Lisa Madigan in federal case number 1:06-cv-04259, a pending civil rights suit against these persons on hold in federal court pending the disposition of this criminal case (now it will be taken off of hold status). The orders of the federal court based on presumed absolute judicial and prosecutorial immunity did not address the merits of the allegation of total lack of jurisdiction of prosecutor or Trial Court and its judge. Therefore, the Federal District Court has NOT decided this jurisdictional issue in the pending case, 1:06-cv-04259. There is no issue of res judicata barring the consideration by the Illinois Appellate Court of the controversy concerning jurisdiction in this case. The Federal Court order removing these two persons from the suit as defendants will be appealed due to their lack of jurisdiction. This order of the Federal District Court in case number 1:06-cv-04259 becomes null and void if this Illinois Appellate Court rules that this criminal case was null and void ab initio, as prosecutors and judges lose absolute immunity ONLY when they are declared to have NO jurisdiction in a case. Therefore a controversy remains as to whether the Illinois Attorney General ever had jurisdiction to indict and prosecute defendant and whether the Trial Court ever had jurisdiction to hear this case, based on the resulting void indictment. The resolution of this controversy has immediate impact on the resolution of the above mentioned federal case and on the convictions of Maisha Hamilton Bennett and Naomi Jennings, as well as on the pending criminal case against Vernon Glass. All these cases involve the same charges and the same issues leading to the conclusion that there was a lack of trial court and prosecutorial jurisdiction or authority as listed in the Notice of Appeal. Therefore, harm will befall defendant and continue to befall Maisha Hamilton Bennett, Naomi Jennings, and Vernon Glass if the issue on this appeal of jurisdiction is not resolved in defendant’s favor.
Therefore, the Illinois Appellate Court is NOT BARRED from hearing this appeal pertaining solely to the jurisdictional issues.
WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order for Judge Paul P. Biebel Jr. to vacate his order of March 20, 2009 to the Clerk not to transmit the Notice of Appeal to this Honorable Court.
Under penalties as provided by law pursuant to 735 ILCS 5/109-1 I certify that the statements set forth herein are true and correct.
Dated: April 14, 2009
Respectfully Submitted,
___________________
Linda L. Shelton, Ph.D., M.D. Linda L. Shelton
The Circuit Court loses jurisdiction once the Notice of Appeal is file. The Clerk of the Court is required by law to transmit the Notice of Appeal to the Illinois Appellate Court.
On March 20, 2009 Judge Biebel sue sponte wrote an order barring the Clerk from transmitting the Notice of Appeal or from preparing the record on appeal, illegally declaring that there was “no appeallable order”.
I too the Notice of Appeal to the Illinos Appellate Court and had the case docketed - 09-0949. I also filed the following two motions. Judge Biebel has violated his oath of office by blatantly violating law.
The result of his order would have been to deny the appeal of the jurisdictional issue, which if I win, will set precedent and prove that Illinois Attorney General Lisa Madigan and the Illinois State Police Medicaid Fraud Control Unit in conjunction with the Office of Inspector General Federal Dept. of Health and Human Services have been illegally and baselessly prosecuting a number of quality and dedicated providers of mental health services to persons on Medicaid. A win would free Dr. Maisha Hamilton Bennett, overturn her conviction and overturn the conviction of Naomi Jennings and perhaps others I don’t know about, as well as force the prosecution against Vernon Glass to cease.
As explained in the following link AG Madigan and IL Medicaid (started by previous AG Ryan and previous administrations) have a scheme to deny mental health care to persons on Medicaid, use this as a phony claim they are tough on fraud for election purposes, and use this to help balance the IL budget on the backs of the mentally ill. They are claiming that Medicaid will not pay for psychiatric services performed by non-physicians such as licensed drug-addiction counselors and psychologists when billed fee-for-service as employees of physicians. They claim it is felony fraud for a physician to bill Medicaid for services of such licensed employees.
This essentially denies mental health care to persons on Medicaid as > 80 % of mental health care in this country is provided by non-physicians. We need 30,000+ pediatric psychiatrists yet the country has less than 5,000. Failure to provide mental health care increases crime, misery, family disruption, and poverty. It is a disaster to our economy. Judge Biebel is part of the problem, not the solution. He should be impeached. As presiding criminal division judge he should be held to a higher standard and should know better.
For a detailed and exhaustive analysis of the fraudulent nature of the charges and the state scheme see:
http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html
For a detailed analysis of why the indictment is legally insufficient and therefore the case is void see:
http://illinoiscorruption.blogspot.com/2008/10/legally-insufficient-indictment-failure.html
For a shorter description of the scheme by the state to deny mental health care see:
http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html
For detailed discussion of the jurisditional issues in a federal Petition for Writ of Habeas Corpus which was denied and is pending before the 7th Circuit Court of Appeals under the public interest exception to the mootness doctrine see:
http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008
The following is my Motion to the IL Appellate Court to overturn Judge Biebel’s void and illegal order:
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 PAUL P. BIEBEL JR. TO VACATE HIS ILLEGAL ORDER FOR CIRCUIT COURT CLERK NOT TO TRANSMIT NOTICE OF APPEAL TO APPELLATE COURT
NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Presiding Circuit Court of Cook County Criminal Division Judge Paul P. Biebel Jr. to vacate his illegal order for Circuit Court of Cook County Clerk not to transmit Notice of Appeal in above titled case to Illinois Appellate Court. In support of this motion Defendant states as follows:
Defendant, pro se, filed Notice of Appeal (Exhibit A) 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, on April 10, 2009, received an order made sue sponte by Judge Paul P. Biebel Jr. instructing the Clerk NOT to transmit the Notice of Appeal to this Appellate Court stating that there was no final appealable order. (Exhibit B)
Notice of Appeal states that Defendant was found not guilty on February 24, 2009, but was appealing NOT THE VERDICT, but the issue of JURISDICTION of the court.
The Illinois Appellate Court, 3rd District in King v. DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974) ruled that a judge’s refusal to enter a finding of not guilty after a not guilty verdict was a final appealable order. The United States Supreme Court in several cases granted certiorari after not guilty verdicts and ruled that issues in cases where there were not guilty verdicts were appealable if they met two tests: 1) there remained a controversy, and 2) when there is no threat of either multiple punishments or successive prosecutions as a result of overturning the decisions of the trial court; in essence that as long as the double jeopardy clause is not offended the appeal is not barred. United States v. Jenkins, 420 U.S. 358, 95 S.Ct. 1006, (1975); Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055 (1975); United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013 (1975); United States v. Martin Linen Supply Co, 430 U.S. 564, 97 S.Ct 1349 (1977); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978)
A case is only moot when it involves no controversy. Hynde v. Hopper, 56 Ill.App.2d 152, 205 N.E.2d 647 (1965)
In the present case there remains a controversy – the issue of personal and subject matter jurisdiction. The appeal and decision about this controversy denying Defendant’s multiple motions to dismiss pretrial for lack of jurisdiction was barred until there was a final order of the court (finding of not guilty after not guilty jury verdict). The issue is not moot because a decision on jurisdiction will solve several remaining controversies. There is no limitations on the time to appeal void orders.
First, if the case lacked jurisdiction and was null and void ab initio, then all bail orders are void and the Clerk may not retain the 10% of the bail or $1100, and she must return this money to the Defendant.
Second, if the case was null and void ab initio, then the case must be expunged from Defendant’s criminal record without charge to her and without the requirement that she apply for it to be expunged.
Third, if the case was null and void ab initio, then two findings of criminal contempt found during the precedings would also be null and void and must be vacated and expunged, even IF the defendant had made contemptuous statements or made contemptuous actions during these two hearings which would become nullities. ACC 050087-01 and ACC 070057-01
Fourth and finally, Defendant also claims that the issue of jurisdiction is not moot because if the valid controversy of alleged lack of jurisdiction in this case is resolved in favor of the State’s position that there is jurisdiction, res judicata on this issue would bar any tort action against Judge Pantle and Attorney General Lisa Madigan in federal case number 1:06-cv-04259, a pending civil rights suit against these persons on hold in federal court pending the disposition of this criminal case (now it will be taken off of hold status). The orders of the federal court based on presumed absolute judicial and prosecutorial immunity did not address the merits of the allegation of total lack of jurisdiction of prosecutor or Trial Court and its judge. Therefore, the Federal District Court has NOT decided this jurisdictional issue in the pending case, 1:06-cv-04259. There is no issue of res judicata barring the consideration by the Illinois Appellate Court of the controversy concerning jurisdiction in this case. The Federal Court order removing these two persons from the suit as defendants will be appealed due to their lack of jurisdiction. This order of the Federal District Court in case number 1:06-cv-04259 becomes null and void if this Illinois Appellate Court rules that this criminal case was null and void ab initio, as prosecutors and judges lose absolute immunity ONLY when they are declared to have NO jurisdiction in a case. Therefore a controversy remains as to whether the Illinois Attorney General ever had jurisdiction to indict and prosecute defendant and whether the Trial Court ever had jurisdiction to hear this case, based on the resulting void indictment. The resolution of this controversy has immediate impact on the resolution of the above mentioned federal case and on the convictions of Maisha Hamilton Bennett and Naomi Jennings, as well as on the pending criminal case against Vernon Glass. All these cases involve the same charges and the same issues leading to the conclusion that there was a lack of trial court and prosecutorial jurisdiction or authority as listed in the Notice of Appeal. Therefore, harm will befall defendant and continue to befall Maisha Hamilton Bennett, Naomi Jennings, and Vernon Glass if the issue on this appeal of jurisdiction is not resolved in defendant’s favor.
Therefore, the Illinois Appellate Court is NOT BARRED from hearing this appeal pertaining solely to the jurisdictional issues.
WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order for Judge Paul P. Biebel Jr. to vacate his order of March 20, 2009 to the Clerk not to transmit the Notice of Appeal to this Honorable Court.
Under penalties as provided by law pursuant to 735 ILCS 5/109-1 I certify that the statements set forth herein are true and correct.
Dated: April 14, 2009
Respectfully Submitted,
___________________
Linda L. Shelton, Ph.D., M.D. Linda L. Shelton
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