Court Appearances for Dr Shelton


Anyone who wishes to show support for me after unlawful arrests, or show support for the civil actions I am taking against corrupt officials, persons, and agencies please come to court dates.

Seven 2009 cases of trespass, resisting an officer, simple battery, disorderly conduct – all false arrests and malicious prosecutions meant to cover-up the criminal acts of the sheriff staff and several judges
Next Court Date:
September 21, 1:30 pm 555 West Harrison, Chicago, room 304

September 21, 9:00 a.m. 3130 W Flournoy, Chicago Branch 43 (courtroom on the right)

September 28, 1:30 p.m. 555 West Harrison, Chicago, room 304

October 21, 2009 1:30 p.m. 555 West Harrison, Chicago, room 304, Judge Hyland

December 9, 2009 11:00 a.m. 10220 S. 76th Ave. , Bridgeview, room 202, Judge Noreen Daly – Trespass to a  property in Evergreen Park where I was given no notice not to come on property and police claimed they called me, but actually called one of the other six Linda Shelton’s in Chicago area. The law says the notice must come from the “owner or occupant.” Even if they had called the right Linda Shelton, that would not have justified the arrest. Clearly unlawful arrest and malicious prosecution.

December 16, 2009 1:30 p.m. 555 West Harrison, Chicago, room 304, five cases of numerous counts of trespass, resisting, disorderly

State elected on first case (other four cases on hold) and trial on first case scheduled before jury on March 22, 2010 beginning with jury selection at 1:30 pm

March 22, 2010 1:30 pm – Shelton did not show up for court because her seriously ill father requires someone with him and the home care agency had trouble supplying a home aid. Shelton had to stay home and take care of him and over the next several days train a new caregiver. Also Shelton had no ride – the one she scheduled failed her. She has been heavily drugged and needs neurosurgery due to an exacerbation of a congenital spine problem that has been causing neurologic dysfunction and excruciating pain requiring heavy dose of drugs. So she will not drive distance. She is also having difficulties sitting or standing for more than a few hours at a time with episodes of near fainting, vertigo, headache, and confusion due to her medical problems. She must lay down every few hours at the moment. Her doctors are trying to adjust medications and she has been taken to hospital three times over the last several months. She was unable to properly interact with her attorney over the last several months to prepare for trial. She is trying to address these issues and is feeling a ittle better, although she had another near-fainting episode several days ago. Status hearing rescheduled for April 2, 2010.

January 7, 2010 – petition for habeas corpus before judge Biebel, 101 crim court building 26th and california 10:00 a.m.. This is a petition to dismiss case of trespass after arrest by Evergreen Park Police on October 3, 2009 for lack of jurisdiction that was before Judge Daly on Dec 9.

Judge Daly postponed hearing motions to sanction state with dismissal with prejudice for fraud upon court and perjury by complainant as the police report clearly documents no notice was given. Without notice, a charge of trespass is baseless and there is no probable cause. There for the court has no jurisdiction, the case is void, and it was illegal for Judge Daly to refuse to  hear motion after she stated she had read it.

I am alleging Judge Daly committed treason for knowingly continuing a case when she knows there is NO probable cause for the reason she stated on the record – she said she was ordering a fitness exam because I had written articles about the judges being corrupt. This is an illegal penalty on the exercise of my 1st amendment rights to freedom of the press. I also have proof of illegal conduct of judges.

You can read the articles about corrupt judges at this link.  Also at this link for Examiner.com.

A judge who retaliates against a reporter (me) who is exposing corruption of the judge’s friends who are judges by continuing a case in violation of my 4th amendment rights to be free of arrest and prosecution without probable cause is “warring” on the constitution. This is not an innocent error or misinterpretation of law. This is an act of treason according to the U.S.Supreme Court. “Warring on the constitution” by purposely violating her oath of office to support it is treason according to federal law. It is also official misconduct and felony retaliation against a federal witness (me).

January 11, 2010, 9:00 a.m. 10220 S. 76th Ave., Bridgeview, room 105, Judge Murphy, battery (an officer stood in front of my walker in Judge Hyland’s courtroom on trespass case interfering with me representing myself after another officer committed assault and battery by grabbing my arm when I was speaking as pro se counsel and she inappropriately state to be quiet. Ofc bumped my walker and then charged me with battery) See: http://cookcountysheriffdeputies.wordpress.com/2009/10/25/deputy-walter-r-stanislavski-falsely-arrests-dr-shelton/

Judge Murphy was reassigned and Judge Kunkle was on the bench. Because I consider him a very incompetent and arrogant judge who blatantly violates law, I moved immediately for substitution of judge as a right and the case was transferred to Judge Noreen Daly. She  refused to hear pending motions (that could have dismissed the case) and instead decided to violate the constitution and laws.

She is the same arrogant nut, who is ignorant of a lot of law, who ordered a fitness exam on me in a trespass case. By law (the concept of res judicata) the issue of fitness has been settled by other and higher courts. The IL Appellate Court is allowing me to represent myself as is the federal courts on my civil rights cases. So those courts have essentially declared me fit. A judge in one court cannot decide an issue decided in another court in a different way.

Dishonorable Judge Daly is REQUIRED therefore by law to consider me fit. Her order for a fitness exam is illegal. I have filed a petition for habeas corpus in the trespass case becaus the case is void for no probable cause (the police report admits I was not given notice not to come on property – you can’t be charged with trespass without being given notice – this is a 4th amendment constitutional violation as a person has a RIGHT NOT to be arrested without probable cause). See the habeas petition at: http://www.scribd.com/doc/24839862/Shelton-Habeas-Petition-Circuit-Court-Cook-County-Trespass-charge-12-29-09 See the memorandum of law proving Judge Daly is committing treason at: http://www.scribd.com/doc/24841191/Judicial-Treason-Continuing-Case-Despite-No-Probable-Cause-2009-Cook-County

She put the case on hold pending the outcome of the fitness exam. She is so incompetent she believes that when she sends an order for a fitness exam to forensic clinical services that the defendant must scheduel the exam. The order is to the forensic clinical services. They as a rule send the defendant a letter with a scheduled exam. The law requires the judge to tell the defendant a legitimate reason on the record as to why the exam is ordered. Judge Daly’s reason (that I wrote an article critical of a judge as a reporter) does not meet this criteria. It also is an illegal penalty on the exercise of my 1st amendment constitutional right to freedom of  speech and of the press. Such action of retaliation by a judge for documenting the misconduct of another judge is official misconduct and treason according to the law.

Forensic clinical services has NOT sent me an appointment time. When and if they do I will respond to their questions with “no comment”. Then their report will say that they are unable to determine fitness.  The judge will then be in a pickle and will have to withdraw her order or hold a fitness hearing with a jury and I can call witnesses within 45 days (as required by law).

I need to write another habeas corpus petition, a motion for supervisory order from the IL Supreme Court to ask them to order J. Daly to stop violating the law and hear my motions or to substitute Judge Daly and remove her from the case (and hopefully the bench), write a motion for substitution of judge for cause (gross constitutional violations and bias against defendant stated in open court – like a cry baby she whined that I wrote an article about Judge Hyland’s illegal conduct), etc. 

This is another example of extreme judicial incompetence, arrogance, ignorance, malicousness, official misconduct, and violation of their oaths of judicial office. Perhaps the main stream media will bother to start covering the story that the courts in Crook County need to be federalized and the judges replaced by merit appointees instead of the allowing the present system of obtaining a judgeship by pay-to-play and bribery.

Most judges get retained by only 800 – 2500 votes.  I urge everyone who reads this to pledge to from now on vote NO on every judge on every judicial retention ballot in the future until we start voting judges out of office. If 3000 people voted NO in one election, all the judges up for retention would be removed (a 100 or more) and the courts in Crook County would be thrown into chaos. This would be a strong statement by the people that we no longer wish to tolerate judicial incompetent, arrogance, and corruption!

January 20, 2010 Bridgeview courthouse – Judge Sterba (room ?) for habeas petition, then battery case room 105 before Judge Daly and trespass case before Judge Daly.  We’ll have a wild time in the OK Coral that day!

On January 7, 2010 Judge Biebel had transferred habeas petition to Judge Sterba to be heard on January 20, 2010. The habeas  petition arrived at Bridgeview on January 15, 2010 and was given to Sterba by the clerk. Judge Sterba assigned it to Judge Brosnahan. Judge Brosnahan on January 20, 2010 refused to hear us on it and through the clerk’s office said she was going to have the clerk next week mail out a postcard with a status date for the habeas petition.

Judge Daly in an act of treason has continued to refuse to hear motion to sanction Evergreen Park Police and States Attorney with dismissal of trespass case for fraud upon the court (their incident and arrest report states that there was no notice not to come on property – therefore no crime and no probable cause – judge is mandated under 4th Amendment to dismiss case with prejudice for lack of probable cause and admit she has no jurisdiction (fraud upon the court voids the case). The US Supreme Court previously ruled that when a judge violates the constitution in this manner (knowingly continues a void criminal case) the judge “wars” on the constitution, violates his oath of office, and has committed an act of treason.

Judge Daly refused to hear Petition for Adjudication of Criminal Contempt against complainant, Donny Kaminski for swearing to a complaint that Shelton was given notice when he admitted to police there was no notice. She continued it.

Judge Daly refused to hear motion in battery case to vacate finding of probable cause, vacate bail hearing and return entire bail, hold a new bail hearing because the previous one was illegally held, until BCX on trespass case returned.

Shelton made a record, as did Albukerk in battery case that a BCX on trespass case has legally no effect on the battery case and if she wants a BCX on battery case she must order it separately. This is another example of the stupidity and incompetence of Judge Daly and her violation of civil rights. She is illegally refusing to hear the motions that would cause the case to be dismissed for fraud upon the court. The transcript of the hearing before Judge Hyland, in which Deputy Stanislavski claims he was battered by Shelton bumping him several times with her walker, proves that this did not happen and Stanislavski committed perjury by signing this fraulent criminal complaint.

Judge Daly realized that her BCX (fitness) order never went to Forensic Clinical Services. She refuses to hear motions altho she claims she read them and re-ordered the BCX today. Shelton made a “record” that the BCX order is res judicata because she has been de facto declared fit by 3 federal courts where she is presently litigating her civil rights suits, 4 criminal courts where she is defending herself pro se, and two IL Appellate court cases (civil and criminal) where the court is allowing her to act pro se. A judge may not over-rule a decision of another court. Her BCX order is void. Shelton made a record that she does not recognize the jurisdiction of the court because it is acting illegally in a void case in an act of treason, and she is only in court under duress of an illegal threat of arrest if she doesn’t show up. She also stated that Judge Daly did not state a bona fide doubt of fitness which also voids the order, and stated she was ordering a BCX because Shelton wrote an article about criminal acts of Judge Hyland – which is an act of judicial corruption and retaliation against a federal witness which is a felony crime and treason.

Albukerk, representing Shelton on battery case made a record of the same facts, protested the failure to hear motions, protested the failure to hear habeas petition but acknowledged the fact that Judge Daly put all the motions on hold in both cases until the BCX is done. Shelton made a record, as did Albukerk that BCX exams have been ordered about 12 times by other judges, Shelton never answered the questions but  appeared for the exams, outside psychiatrist have declared Shelton not just fit, but unusually talented at law and social justice, that the forensic clinical services psychiatrists have repeatedly written that they are “unable to come up with an opinion on fitness because Shelton refuses to answer their questions” and that all the previous judges were forced to withdraw their orders for a fitness exam.

Judge Daly continued the hearings until February 25, 2010 at 11 am for return of BCX, re-ordered it and said FCS would send Shelton a letter as to when to come for exam.

January 28, 2010 habeas petition to be heard before Judge Brosnahan – cancelled and rescheduled due to Shelton hospitalized with complications of her  progressive neurological disease, ambulance called at her home on January 25, 2010 due to collapse from reaction to new medication- released from ER and then admitted to UIC on January 26, 2010 due to progression of disease- home on January 28th in stable condition now. Diagnosis was adverse reaction to new medication (low BP, syncope and unconsciousness), cervical radiculopathy with stenosis of foramina on right at C5 and C6, severe neuropathic pain syndrome.

March 10, 2010 Bridgeview courthouse, 11 am rm 20? – Habeas petition before Judge Brosnahan up for status and argument. This regards trespass case where the complainant and police records show there was no notice. Therefore there is no probable cause and case is fraudulent against me.

February 25, 2009 Bridgeview courthouse – Trespass and battery cases before Judge Daly scheduled for status hearing. Forensic psychiatry report states can not determine fitness because I refused to answer questions. Albukerk reminded Daly that the issue was res judicata in that other courts by granting my pro se requests, dismissing criminal cases upon my motions and ruling that I won cases have already determined that I was fit to represent myself, and it was my position that the order for BCX was illegal and the case is without jurisdiction on trespass. Daly again said her court was going to determine fitness no matter what. She ordered a fitness hearing and scheduled it in May 2010. She is clearly arrogant and ignorant or she has lost her marbles! My next step will be to file for a supervisory order with the IL Supreme Court to have them order her to follow the law, dismiss the case and vacate BCX orders.

Civil Rights Suit Against AG Lisa Madigan, Judges Pantle & Alonso, State Police –  Case # 06 C 4259 (You can read complaint on PACER) Next Court Date:
September 10, 2009 219 S Dearborn-Fed Court-Judge Lefkow’s Courtroom, 11 a.m. (for report on status of criminal vendor fraud case against me – if I won (which I did – not guilty – case proceeds against State Police and other defendants for false arrest, malicious prosecution, violation of civil rights, etc., essentially a conspiracy to deny mental health care to persons on Medicaid and to make false accusations about quality providers so Lisa Madigan can falsely claim she is “tough on fraud” at the expense of quality physicians – if I had lost the case would have been dismissed – it has been on hold pending outcome of criminal case)

Read Amended Complaint filed January 14, 2010

Read Memorandum of Law explaining why AG Lisa Madigan, Judge Alonso, Judge Pantle and AAGs Fearon and Murray, along with Investigator Reibel have NO prosecutorial or judicial immunity

Civil Rights Suit Against Deputies Ruiz, Levy, Connaly, County of cook – (for medical battery, battery – they held me down after illegally drugging me with psychotropic drugs to make me a zombie so as to shut off my complaints about corruption, abuse, and medical neglect at the jail, and kicked me with their boots – will post photo at some point) 

Read this civil rights suit

October 8, 2009 219 S. Dearborn – Fed Court – Judge Hart’s Courtroom, 11 a.m. rm 2243 (for status on service)

January 28, 2010 – presentation of Shelton’s response to motion to dismiss – canceled by judge for his conflict and due to Shelton hospitalized with complications from progression of neurological disease – judge will decide State’s motion to dismiss case on the pleadings and issue a decision by mail.

Case against IL Dept of Corrections which I sued for violating freedom of information act and refusing to turn policies and procedures and other documents over to me. Judge Maki at the Daley Center (an honest judge who tries to follow law) ruled in my favor last year and ordered the IDOC to turn over documents to me or to him for in camera review (judge looks at them to determine if they should be released) – Case # 08-CH-32810 (Winning this case against the lawyers form the IL Atty Gen’s office proves I am fit to represent myself – and proves Judge Daly is ignorant or a nut)

March 8, 2010 – status hearing where he was told what they have already turned over to me and what they have not turned over to me.

March 29, 2010 – rm 2302 10:30 am status hearing. My motion to reconsider releasing documents he denied to me granted. IL AG representing IDOC ordered to turn over more documents for in camera inspection by court.

Case against the IDOC where I asked for injunction to order the IDOC to have a functional parole call-in number for paroles as the private agency paid $36 million over the last 6 yrs does not perform according to contract.

Parolees have to call 10 -50 times in a day to get through and then are left on hold for 1/2 hr. This is a violation of contract, proves the agency committed fraud upon the state of IL and proves that paroles are not supervised properly. Case # 08 CH 35707.

Judge Mary K Rochford dismissed the case and refused to rule on a motion for sanctions against the state because I proved the parole agent assigned to me after a wrongful conviction upon release in 2008 falsified her records, said I wasn’t at home when I was; said that she came to the house and didn’t answer the door, when the home aids at my home to help me take care of my doctor wrote she just sat in her car across the street and never came to the door; and then obtained a fraudulent arrest warrant for me without probable cause for violation of parole – which was on the books for five months.

During which time I was regularly at the Daley Center, criminal court, and federal building litigating cases. No one ever picked me up, despite the warrant being in the hands of the IDOC fugitive unit! This proves parolees are not supervised.

I appealed the dismissal of the case to the IL Appellate Court and won. I not only appealed the dismissal but appealed the judge’s refusal to rule on a motion for sanctions against the state. The App Crt dismissed the appeal saying the case was not final because the Judge refused to rule on my motions for sanctions against the state for unclean hands – their agent retaliating against me with a fraudulent arrest warrant for complaining about the parole call-in number being dysfunctional.

Parole Agent Victoria Pork-Dockery who falsified records to obtain a wrongful arrest warrant is still at large and has not been arrested. I should automatically win a case when the other side retaliates against me.

Now Judge Rochford is going to have to have a hearing on this motion so I can appeal the dismissal of this case. The Appellate Crt said the dismissal of the case was not a final appealable order until she ruled on this motion – so the case remains  pending and the judge cannot refuse to do her job. I will motion the motion to be heard.

Next court date April 13, 10 am in Daley Ctr room 2308

12 Responses to “Court Appearances for Dr Shelton”

  1. Mr. Tang Says:

    Hi Linda,

    Don’t you have a case up for a hearing on 12/15 at Branch 43?

    Case number: 07120681701

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  2. Linda Shelton Says:

    Yes – this is a case that I motioned up that was nolle pros’d more than a year ago. I am asking the nolle pros to be vacated because it is illegal to nolle pros a case when substantive motions are pending. I had a substantive motion to dismiss the case pending due to lack of probable cause and a legally insufficient complaint that did not state a crime. This is important because a nolle pros is NOT an automatic dismissal in favor of the defendant. It just makes the case go away without a decision. A dismissal due to my motion would legally be a dismissal of the case IN MY FAVOR. I insist that all bogus and illegal cases be dismissed in MY FAVOR. I won’t let them get away with NOT having it on the record that a case was bogus.

    Like

  3. Mr. Tang Says:

    I don’t know how the court can entertain you further without jurisdiction, when charges against you were nolle’d.

    Are you sure that there is no more pending charge left in this case?

    Like

  4. Linda Shelton Says:

    I filed a motion to vacate the order granting state motion to nolle as the order is null and void. A court under law MAY NOT grant a nolle if there are substantive motions pending. Therefore, technically the case was never nolle’d. A void order is void even before it is vacated. It is if it never existed.

    Like

  5. Mr. Tang Says:

    Can you cite a case to prove your theory?

    I have never heard of it.

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  6. Linda Shelton Says:

    Its not a theory. See: People v. Tannenbaum , 218 Ill.App.3d 500, 578 N.E.2d 611, 161 Ill.Dec. 253 (IL App Crt 2nd Dist. 1991) A judge may not nolle pros a case if a substantive motion is pending.

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  7. Linda Shelton Says:

    Its bizarre but I have not met any judges or attorneys who understand the higher court decisions on nolle pros or void orders! They really get annoyed when I tell them what they should know and then they retaliate against me by asking for a fitness exam, harassing me, etc., They just cannot stomach a non-attorney understanding law.

    Void orders are void even before they are declared void and may be challenged in any court at any time.

    It is well-established law that a VOID order or judgment is from its inception a complete nullity and without legal effect and thus may be attacked at any time and in any court, either directly or collaterally. Ford Motor Credit Co. v. Sperry, 214 Ill.2d 371, 827 N.E.2d 422, 428 (Ill. 2005)

    The law is well-settled that a void order or judgment is void even before reversal.

    “Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal.” Vallely v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S.Ct. 116 (1920)

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  8. Mr. Tang Says:

    I don’t see the case cited by you has anything to do with your case. People who come to court present a prayer for relief. What you ask this court to do is pure nonsense. Don’t you see that you were the one benefited from criminal charges nolle’d?

    Assumed that you were a victim of police misconduct, malicious prosecution, shouldn’t you consider to find another venue to seek proper relief?

    Like

  9. Linda Shelton Says:

    If a case is nolle pros’d then one cannot sue the police and complainant for malicious prosecution as the case was not dismissed in the defendant’s favor. It also is a stigma against the defendant as the defendant cannot say the event never happened or the arrest was malicious without probable cause.

    If the case is dismissed due to no probable cause, then it is in the defendant’s favor and the defendant can pursue litigation for malicious prosecution and no one can ever say the arrest was justified, but the prosecutor was just being kind and refused to prosecute. This is not just a matter of malicious prosecution. It is also a matter of my reputation. To say I “benefited” from the nolle pros is simply naive. I was still harmed with an unlawful arrest and malicious prosecution. The arrest still harms my reputation.

    In addition, I believe defendants should not allow the state to nolle a case in order to avoid the sanctions of an allegation of malicious prosecution or violation of speedy trial or any other issue that may be used to dismiss a case with a substantive motion. Our justice system is corrupt because the prosecutors get away with this kind of prosecutorial misconduct far too much. We need to slant the equation in favor of innocent defendants. The case I cited held that a court cannot aid a prosecutor by avoiding the issue of dismissal for speedy trial violation by prematurely granting a motion for nolle pros.

    The case is also void ab initio because case law says that if a case is brought without probable cause then there was never a legal justification to bring the charges. The case was always a nullity and void if there is no probable cause. Without probable cause the prosecutor had no authority to bring charges and the court had no jurisdiction to hear the case. I want this fact on the record. Let the prosecutor and judges reputation be harmed on the record so my reputation can be repaired.

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  10. frank Says:

    Make sure to tell your readers Chicago police control all the civil rights lawyers, those lowlifes MOB COPS got me harassed and fired at my job, destroyed my name they committed every crime on the Gangstalking list, Got a fake DUI retaliation .00 breathylizer, Ive been searching for a lawyer for 2 years to sue the city and police for all their crimes, I have 13 counts and millions of dollars of damages. Im still filing the lawsuit no matter what. I am exposing these corrupt criminals to. Their covering up for their crime ring friends.

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  11. Florida DUI Lawyer Says:

    Wow, what is the latest on this case? Is this a true story? What do they gain from this activity?

    Like

  12. Devin Says:

    You should take part in a contest for one of the finest sites
    on the internet. I am going to recommend this website!

    Like

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