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 No. 1-07-3386IN THEAPPELLATE COURT OF ILLINOISFIRST DISTRICT
PEOPLE OF THE STATE OF ILLLINOIS
)Appeal from the Circuit Court)of Cook County, IllinoisPlaintiff-Appellee,))-vs-)No. 05 CR 1271801)
LINDA L SHELTON
)Honorable)Joseph KazmierskiDefendant-Appellant)Judge Presiding
BRIEF AND ARGUMENT FOR DEFENDANT-APPELLANT ______________________________________ LINDA L. SHELTON
Pro Se9905 S. Kilbourn Ave.Oak Lawn, IL 60453-3539(708) 952-9040
ORAL ARGUMENT REQUESTED
 
POINTS AND AUTHORITIES
1.
This case is null and void
ab initio
because of a legallyinsufficient indictment
…………………………………………………….…..10-13 Neder v. United States, 527 U.S. 1, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999)….10-11People v. Grieco, 255 N.E.2d 897, 898-899 (Ill. 1970) …………………….….10-11People v. Meyers, 158 Ill.2d 46, 51 (1994) ………………………………………..11Ill. Code of Criminal Procedure of 1963, 725 ILCS 5/111-3 ………………………11People v. Davis, 281 Ill.App.3d 984, 987 (1996) ………………………………….11People v. Kamsler, 214 N.E.2d 562, 566 (Ill. 1966) ……………………………….11City of Chicago v. Powell, 735 N.E.2d 119, 125 (Ill.App.1
st
Dist, 2000) …………11People v. Meyers, 630 N.E.2d 811 (Ill. 1994) ……………………………………..11People v. Smith, 259 Ill.App.3d 497 ……………………………………………….11People v. Intercoastal Realty, Inc., 148 Ill.App.3d 964, 971 (1986) ………………11People v. Brogan, 816 N.E.2d 643, 654 (Ill.App.1
st
, 2004) ………………………..11People v. Potter, 125 N.E.2d 510 (Ill. 1995) ……………………………….10, 11, 12People v. Foxall, 283 Ill.App.3d 724 (1996) ……………………………………….11People v. Stoudt, 198 Ill.App.3d 124 (1990) ……………………………………11-12People v. Leach, 297 N.E.2d 450 (Ill.App.1
st
, 1972) ……………………………....11United States v. Bobo, 344 F.2d 1076 (11
th
Cir, 1003) …………………………….11United States v. Nance, 533 F.2d 699 (D.C. Cir., 1976) ……………………………11People v. Gerdes, 527 N.E.2d 1310 (Ill.App.5
th
, 1988) …………………………11-122.
The grand jury indictment was obtained through fraud and deception uponthe grand jury. The State’s sole witness, a Cook County Sheriff investigatorknowingly or negligently provided false statements that denigrated defendant, aswell as withheld key exculpatory evidence from the grand jury, undermining thegrand jury’s ability to evaluate the evidence
………………………………….13-172
 
People v. Rodgers (1982), 92 Ill.2d 283, 287, 65 Ill.Dec. 929, 442 N.E.2d 240…….13People v. Lawson (1977), 67 Ill.2d 449, 456-58, 10 Ill.Dec. 478, 367 N.E. 2d 1244..13People v. Creque, 72 Ill.2d at 526, 22 Ill.Dec. 403, 382 N.E.2d 793 [1978]…………13Bank of Nova Scotia v. United States, 487 U.S. at 260-62, 108 S.Ct at 2377,101 L.Ed.2d at 241 [1988]…………………………………………………………13People v. Barton (1989), 190 Ill.App.3d 701, 709, 138 Ill.Dec. 36,546 N.E.2d 1091…………………………………………………………………..13People v. J.H, 136 Ill.2d 1, 554 N.E.2d 961, 143 Ill.Dec. 889 (1990)………………..13U.S. v. Gavran, 620 F.Supp. 1277 (E.D. Wis. 1985)…………………………………17U.S. v. Omni Intern. Corp., 634 F.Supp. 1414 (D. Md. 1986)……………………….17U.S. v. Asdrubal-Herrera, 470 F.Supp. 939 (N.D.Ill. 1979)………………………….17U.S. v Hogan, 712 F.2d 757 (2
nd
Cir. 1983)………………………………………….17U.S. v Phillips Petroleum Co., 435 F.Supp. 610, 77-2 U.S. Ta Cas.(CCH) P 9589, 40 A.F.T.R. 2d 77-5316 (N.D. Okla. 1977)………………………173.
The Trial Court violated the Sixth Amendment right to self-representationwithout legal basis. Then the Trial Court refused to pay the Defense Attorney for hisservices after Defendant fired him and the Trial Court refused to allow him towithdraw and Defendant to represent herself 
…………………………………..17-20 Neder v. United States, 527 U.S. 1, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999)……18, 20Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 451, L.Ed.2d 562 (1975)…...18-20Illinois v. Allen, 397 U.S. 337, 350-351 (BRENNAN, J., concurring)……………18People v. Gibson, 136 Ill.2d 362, 144 Ill.Dec. 759, 556 N.E.2d 226 (1990)…….18-20
4.The Trial Court, although declaring Defendant indigent, denied Defendant’smotion for it to pay for expert witnesses, barred several expert witnesses, as well asother evidence, sustained State’s objection to numerous questions of criticalwitnesses by defense counsel, thus denying Defendant the right to confrontwitnesses, question defense witnesses, and introduce key exculpatory evidence. Thisdenied a fair trial
………………………………………………………………..20-263
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Dr Linda Shelton

Noot... I accidentally deleted your post while I was reading it. Please re-post! Sorry!

reply10 / 08 / 2009
nootkabearmcdonald

Wanted to make sure everyone knows that the statement about charging for emotional distress has nothing to do with Dr. Shelton. It seriously has to do with paralegal work I perform

10 / 08 / 2009
nootkabearmcdonald

Dr. Shelton, no problem. Not to sound like an air-head or anything, which post? I posted several things at the same time, but in different places. So, if you will jog my memory, will repost.

10 / 08 / 2009
nootkabearmcdonald

These kinds of injustices are plaguing law-abiding, tax-paying citizens of this Country. One can only wonder when enough will be enough and the public will demand the judicial system be cleaned up! What was it that Justice Brandeis said in Olmstead about anarchy...?

reply10 / 05 / 2009
Dr Linda Shelton

I have suffered a civil death due to corrupt acts of officials in IL. I need help. See my other pleadings on this site and my blogs at http://drlindashelton.wordpress.com and other blogs listed as links on that site for info about me. Either volunteer to help me pro bono or consider a donation. I plead with anyone who reads this to donate money to my legal defense fund at: Shelton legal fund, C/O Albukerk & Associates, 3025 W 26th St. 2nd floor, Chicago, IL 60625. You may call me Albukerk at 773 847-2600 for information.

reply09 / 22 / 2009
Dr Linda Shelton

Cook Co States Atty finally agreed to copy the transcripts and file them with the clerk. She is refusing to enforce the trial court order for the Court Reporter to produce a set of transcripts and file them with the clerk. This amounts to the Cook Co States Attorney condoning contempt of court and condoning court agents violating court orders. This brings the court into disrepute.

reply09 / 16 / 2009
Dr Linda Shelton

I also suppose I could beg the readers to send me money to cover the copying costs or stand outside of the court building begging for someone to pay the costs. I've already borrowed money I cannot pay back to copy the appeal and motion for supervisory order. I also had to borrow money for the mailing costs. The courts in IL DO NOT follow the law or the bill of rights. They are the leaders of a totalitarian police state in Illinois. They should be held accountable. Please help me publish and spread these facts to the world to show everyone that American Justice is a Myth.

reply07 / 25 / 2009
nootkabearmcdonald

The Courts in Georgia also do not follow the law or the bill of rights. We have learned that the bill of rights and the constitution are a beautiful dream

08 / 07 / 2009
Dr Linda Shelton

This appeal is awaiting the court reporter's preparation of a compiled set of transcripts for the court clerk. I was declared indigent and the Trial Court ordered two sets of transcripts free. I had paid for 1/2 of the individual transcripts (not compiled) with borrowed money and got the rest free. I used them to right notes on and write my appeal. They are not appropriate to file because they are written on and NOT officially compiled by the court reporters. The court reporters have refused to file a set with the clerk. The Trial Court refuses to enforce their orders as the judge says he lost jurisdiction to the App Crt. The App. Crt has denied six motions to competl the court reporter or for rule to show cause. They finally have ordered that I have leave to file my set of transcripts if I self-compile them, but they DID NOT rule on my motion for the court to pay for the copying costs of about $100. I filed a motion for supervisory order with the IL Supreme Crt to order the App Crt to uphold US Supreme Court holdings that an indigent defendant is entitled to a free copy of transcripts to be filed with the court and IL statutes that require this. The IL Supreme Court snubbed its nose at the US Supreme Crt holding and IL law and denied my motion. My only choices are to file a motion for supervisory order with the US Supreme Court to order the IL Crts to either force the court reporter to obey their orders under penalty of contempt or to order the IL courts to pay for the coping costs and let me then black out my notes. My appeal will probably be dismissed by these corrupt IL courts because I didn't file the transcripts. I have a constitutional right to appeal, but the IL courts do not agree! They should be disciplined from the App Crt to the IL Supreme Crt and the court reporter should be held in contempt.

reply07 / 25 / 2009
Dr Linda Shelton

This appeal also has in the appendix case law about insufficient indictments, spoilation of or failure to produce evidence by prosecution, and self-representation.

reply06 / 10 / 2009
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