wife and children you know you keep using all these days months years in the sense of guidelines you monch how long has he been there and by months or years it's been there for five and a half years and which results in a year and a half sentence and the court also credited him with forty eight hundred fifty two days for time already served and that made any way you look at it he's done five and a half years which is longer than he was ever since that's correct reason for that is unexplained yes so the state refuses to explain why they did not approve his mother's residence right and he repeatedly claims that my mom's house is as appropriate outside the state says you don't have  good morning ron why is the state of illinois still pursuing this case your honor on the record we have available to us the record shows that the prisoner review board revokes mr br basis because he does not have an approved coast wide basis was it not approved that the precise basis that were the place reason that his host site is not acceptable they just understood there's there is nothing in the record indicate why has his mother's home is not a not a suitable place and it is that lack of record evidence is the responsibility of the petitioner he is not exhaust his claim since they talk about futility pursuing this case you had it in a state court judge and i think in two thousand and sixteen say he had been incarcerated far longer than he should have been without the opportunity to make the transition to a law abiding citizen for some person who is legitimately on m s r is not eligible for state he is corpus released which is why judge one could not grant relief judge one was mistaken in so this isn't state court oh i understand that but but you were not bound by your m s convictions and he pled guilty virtually what we would call time sir but that's really not what it turned out to be here pled guilty in any and then he without ever being released he say been short shrift and through this entire thing and it wasn't till we got we finally got counsel appointed than anything happened well your honor again his convictions were reversed before and counsel the point he really because he didn't have coun just why don't you explain why he doesn't have a place to live well your honor the record doesn't tell us why the p r b decided that the that your agency that by going on the line you've screwed up completely this is ridiculous well your honor i should be very embarrassed to be representing this state you because petitioner has not developed the state court record and sell it to state court record you know exactly what the facts are we don't your honor that the record does not contain what pacific belongs in prison or what your honor forever possessed as evidence in his filings in this court refuses to recognize the validity of his divorce which i believe was finally what's said got to do with this case because he is clearly terrorizing his wife who has always keeping worst i've ever seen of the state pursuing a matter that they ought to give it up why don't you just give it up because you have well first of all i don't have insight into the into the minds of the prosecution or the his elderly mother yes that's where i read somewhere in there that that is his and that is i have i don't know but i can't compare anything i know when i took care of my elderly mother she was in no position to harbor somebody now that we don't know that maybe you don't know that that may be the reason the mother is not eligible for that i don't know this is  case we seem to have several today your honor if i may but we don't have that information you go to lisa madigan tell her that she says that this case is an embarrassment to the state and because you're alleging yes right well what jurisdiction this court has jurisdiction over neither appeal in this case neither two thousand and sixteen appealed or the we do if it's futile your he is there not futile he says he's been in it for five and a half years which is beyond any sentence imposed directly time imposed not for get the supervised release well but it's but we can't forget this resolution it's an important only has a rule that says we were the department of corrections could impose a sense not the judge apparently no your honor the sentence was imposed by the judge the mandatory supervised release term was and only was imposed by the honor again you're spending time pursuing this thing based on a card we were getting murder cases you got a postcard are in a chris or christmas card and a letter and the wife is concerned that he may ten years and that was in that order protection was recently renewed and is currently in force clearly we don't as far as the rifle as you were violated as he violated the continuing order protection since the first child well he's  against whom the orders is put chris well in this case threatening her if he's a danger to or she can bring a suit against him or she could have an order to action in the state has discretion of pursue come on that's not true it's not true that orders of protection automatically lead to imprisonment of the person against whom the order is centered but that is a matter for the state court your honor in with no apparent reason elise you say well he didn't do all the things he was supposed to do there is no apparent reason why he's still in prison he does not have been approved that's all we know and that and the the facts behind have to be where he can be monitored and prevented from doing what his ex wife is afraid of him doing yes you're right so i said hypothetical we don't know that correct notes only reason when you talk about the is elderly mother i don't know why they might play with elderly but that's what they said that's what petition has pushed your berry well maybe she can't keep him from under in his ex wife i don't know ten years you seem to think that an order of protection authorizes the state to imprison the purse even if he hasn't actually done it to you know and the state has to be able to enforce an order of protection otherwise it's meaning well they didn't go or they didn't think he story certainly might be two in five and a half years i'd say that some enforcing the order of protection petitioner is be out january twenty eighth two thousand and eighteen now because as we as we pointed out in some of our later submissions to this court initially his four year m s r term was reduced to two years because he was reading cards rated and was was projected to receive david a good time credit for some reason we don't know why it's not in the record six months of that good time credit was revoked so instead of so don't understand that the court is very frustrated at this case but it is petitioners responsibility under two twenty fifty four to twenty fifty four to substantiate his claims he cannot simply make unfounded accusations and require the stairs every law to disprove them he has so many piece of litigation in your honor he does not have a lawyer in his in his mandamus action but i believe he does have a lawyer in his appeal state a g s appeal so he has an lawyer in some cases not in others if the court has no further question is one in our case anyway i beg your pardon is one in our police he doesn t he does