Monthly Archives: June 2011

Judge Brian Babka Dodges the Issue of Issuing Arrest Warrants Against Police. Case 10-MR-212 is Dismissed.….for now.…

  By Marc MkKoy | June 26, 2011 - 4:51 pm | Featured, Full Disclosure, Legal Commentary, Meet Judge Brian A. Babka, St. Clair County Corruption, Suppporting Cases
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On June 25, 2011, I received an Order from Judge Babka which was entered on June 20, 2011, in response to my Mem­o­ran­dum and essen­tially dis­miss­ing the case. Foot­note 7 In his Order, Babka does not address any of the issues pre­sented aside from the hold­ing in Lindquist as being a case from 1937, which he said was still good law, and attempt­ing to dis­tin­guish that hold­ing with one from Peo­ple Ex Rel. Daley v. Moran, 94Ill. 2d 41, 445N.E. 2d, 67, Ill. Dec 790. Foot­note 8 I con­tend that the Daley case is not on point for pur­poses of my argu­ment. I do aver, in my Mem­o­ran­dum, that the State’s Attor­ney has sole dis­cre­tion in whether to pros­e­cute, but pros­e­cu­tion and arrest are two dif­fer­ent mat­ters. Read on… →

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The Right to Ignore the State by Herbert Spencer

  By Marc MkKoy | June 22, 2011 - 3:02 am | Philosophical Foundations of Liberty
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As a corol­lary to the propo­si­tion that all insti­tu­tions must be sub­or­di­nated to the law of equal free­dom, we can­not choose but admit the right of the cit­i­zen to adopt a con­di­tion of vol­un­tary out­lawry. Read on… →

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WIU Wheeler block party demonstrates severity of police state

  By Marc MkKoy | June 19, 2011 - 7:55 am | The Best of Copblock.org
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In this coun­try, if the police don’t like the way a per­son looked at them, or talked to them, they can eas­ily find some stu­pid crime as a pre­text for harass­ment, abuse and arrest. Loi­ter­ing. Dis­or­derly con­duct. Jay­walk­ing. Delay­ing or resist­ing. The list goes on and on. Peace­ful peo­ple sud­denly turn into crim­i­nals if they do not sub­mit like good slaves and [god forbid!]if they dare so much as utter an impo­lite word to a mem­ber of the hal­lowed ranks. Read on… →

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Cedar Falls, Iowa City Council Demands Keys to Resident’s Property

  By Marc MkKoy | June 18, 2011 - 7:16 pm | Abusive Government, Consummate Despots, Featured, Political Commentary
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This is but one of the meth­ods by which munic­i­pal­i­ties slowly pry them­selves into the lives of the unwit­ting with­out any require­ment for con­sti­tu­tion­al­ity. If you sub­mit, you have no claim. The con­sti­tu­tion, in all its impo­tent glory, is designed to be a tool to pro­tect us from gov­ern­ment. If you pave the path to your lib­erty for which to per­mit gov­ern­men­tal intru­sion, then the con­sti­tu­tion has no place in pro­tect­ing the igno­rant from them­selves. Read on… →

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Judge José Longoria sentences mom for spanking her child.

  By Marc MkKoy | June 18, 2011 - 5:34 pm | Commentary and Opinion, Featured, Here Comes The Judge
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Benches through­out this coun­try are pol­luted with men and women of such vil­lainy and there is but lit­tle recourse but to either not avail your­self to their unjust sys­tem or know how to defend your­self. Short of some­one suf­fi­ciently out­raged and indig­nant at the abuse which oozes from their gavel with­draw­ing their alle­giance to this sys­tem of abuse, I can see a time where soli­tary indi­vid­u­als will resort to skulk­ing into a judge’s res­i­dence and spir­it­ing them from the com­fort and safety of their bed to be tor­tured or dis­mem­bered as a state­ment of exas­per­a­tion and sat­u­ra­tion. Read on… →

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People v. Love 393 Ill.App.3d 196, 911 N.E.2d 1015, 331 Ill.Dec. 785

  By Marc MkKoy | June 8, 2011 - 11:47 am | Suppporting Cases
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Defen­dant was charged with dri­ving under the influ­ence of alco­hol (DUI). The Cir­cuit Court for the 12th Judi­cial Cir­cuit, Will County, James E. Egan, J., granted defendant’s motion to dis­miss, and found that dis­missal was with prej­u­dice when State refiled DUI charge. State appealed. Read on… →

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People v. Brookbank 79 Ill.App.3d 412, 398 N.E.2d 632, 34 Ill.Dec. 809

  By Marc MkKoy | June 8, 2011 - 11:32 am | Suppporting Cases
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The State appeals from a judg­ment which dis­missed traf­fic charges against the defen­dant, Roger E. Brook­bank, because of the fail­ure of the arrest­ing offi­cer to appear on a con­tin­ued trial date. It con­tends that the defen­dant waived the pro­vi­sions of Supreme Court Rule 504 when he demanded a jury trial and later with­drew that demand with­out com­ply­ing with Supreme Court Rule 505. Ill.Rev.Stat.1977, ch. 110A, pars. 504, 505. Read on… →

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People v. Novak 68 Ill.App.3d 453, 386 N.E.2d 459, 25 Ill.Dec. 188

  By Marc MkKoy | June 8, 2011 - 11:26 am | Suppporting Cases
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On Feb­ru­ary 14, 1978, Frances Sugg, a pri­vate cit­i­zen signed the afore­men­tioned mis­de­meanor com­plaint as com­plainant. Read on… →

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City of Belleville v. Watts 61 Ill.App.3d 538, 378 N.E.2d 213, 18 Ill.Dec. 749

  By Marc MkKoy | June 8, 2011 - 11:18 am | Suppporting Cases
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Where a defen­dant appeared in court on date directed by appear­ance date on traf­fic ticket and com­plaint and entered his plea of not guilty and demanded trial on mer­its to be held on that date, and where in view of fact that nei­ther city nor arrest­ing offi­cer was present in court on that date, defen­dant then moved court to dis­miss charge against him, pro­ceed­ing should have been dis­missed pur­suant to Supreme Court rule and sec­tion of Illi­nois Vehi­cle Code. Supreme Court Rules, rules 504, 552, S.H.A. ch. 110A, §§ 504, 552; S.H.A. ch. 95 1/2 , § 16–106. Read on… →

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People v. Nelson 18 Ill.App.3d 628, 310 N.E.2d 174

  By Marc MkKoy | June 8, 2011 - 11:11 am | Suppporting Cases
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If the State does not present any evi­dence at time set for trial of per­son who pleads not guilty to traf­fic or con­ser­va­tion offense and if the trial court does not grant a con­tin­u­ance to the State, the dis­po­si­tion by the trial court should be on the mer­its, and such dis­po­si­tion and dis­missal should pre­vent any sub­se­quent pros­e­cu­tion on the same charge. Supreme Court Rules, rules 504, 505, S.H.A. ch. 110A, §§ 504, 505. Read on… →

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Memorandum of law regarding private individual making criminal complaint and the former office of magistrate in Illinois.

  By Marc MkKoy | June 6, 2011 - 1:54 am | Meet Judge Brian A. Babka, St. Clair County Corruption, Suppporting Cases
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It is an unfor­tu­nate fact that the pub­lic views the mag­is­trate as the same as, or as a near blood rel­a­tive to, the old jus­tice of the peace and police mag­is­trate of the pre 1964 era. We have been urged by the rep­re­sen­ta­tives of the Illi­nois Cir­cuit Court Mag­is­trates Asso­ci­a­tion (does not include Cook County Mag­is­trates) to elim­i­nate the title of mag­is­trate. The urg­ing was in fact a plea to the effect that “what­ever else you do or do not do, elim­i­nate the title of mag­is­trate”. Read on… →

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