No. 18-5370

Thomas Juresic v. Illinois

Lower Court: Illinois
Docketed: 2018-07-26
Status: Denied
Type: IFP
IFP
Tags: civil-commitment custody due-process equal-protection liberty-interests null-and-void personal-jurisdiction sentencing-court statutory-provisions
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (from Petition)

Does a Department of Corrections (DOC) or sentencing court retain constitutional custody and personal jurisdiction over a person until the expiration of his sentence?

Can a civil commitment court constitutionally usurp the DOC or sentencing court custody and personal jurisdiction over a person prior to his expiration of sentence?

Does a civil commitment court have the power or authority to constitutionally usurp a persons custody and personal jurisdiction that is properly in the DOC or sentencing court and prior to the expiration of sentence, and in violation of the person's liberty interests rights, and due process and equal protection of the law rights?

Does a state civil commitment court have the constitutional authority and personal jurisdiction of a DOC prisoner or in custody of the sentencing court prior to the prisoner's expiration of sentence?

Does the civil commitment circuit court have constitutional power and authority and personal jurisdiction to issue judgments, orders or decrees prior to a prisoner's expiration of sentence and circumventing the custody and personal jurisdiction of the DOC or the sentencing court?

Are the judgments, orders and decrees of a civil commitment circuit court when issued prior to the prisoner's expiration of sentence or are the judgments, orders, and decrees null and void ab initio?

Does a civil commitment circuit court have the jurisdiction and constitutional authority to enforce unconstitutional statutory provisions that do not provide personal jurisdiction prior to a personer's expiration of sentence in the custody and personal jurisdiction of the DOC or the sentencing court?

Does the state legislature have the constitutional authority to enact legislation that violates well established state and federal law in personal jurisdiction or is those unconstitutional statutory provisions not providing for personal jurisdiction null and void ab initio?

Does a state legislature have the constitutional authority to legislate in violation of well established jurisdictional mandate in violation of liberty interest rights, and due process and equal protection of the law rights?

Does a facially unconstitutional statutory provision become null and void ab initio, as a statute, if it cannot stand and be enforced wholly and independently of severed unconstitutional provisions?

Does a state legislature have the constitutional authority and descretion to enact statute that is constitutionally null and void ab initio due to lack of provision for personal jurisdiction?

Question Presented (AI Summary)

Does a civil commitment court have the constitutional authority to usurp custody and personal jurisdiction over a person prior to the expiration of their criminal sentence?

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)

Attorneys

Thomas Juresic
Thomas Juresic — Petitioner