Legal Opinion
Jamaul Monk v. Terri Gonzalez, Warden
Court of Appeals for the Ninth Circuit
Decided July 16, 2014No. 10-55786UnpublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM **
Jamaul Monk was convicted in 2005 of the gang-related shooting of Darryl Bell in 2003, which left Bell paralyzed from the neck down. Bell identified Monk as the shooter, both before and during Monk’s two trials, the first of which ended in a hung jury. Bell died prior to Monk’s sentencing in 2006.
In 2010, Monk filed a pro se Petition For Writ Of Habeas Corpus By A Person In State Custody pursuant to 28 U.S.C. § 2254 (§ 2254 Petition). The district court dismissed Monk’s § 2254 Petition as untimely, rejecting Monk’s argument that his “actual innocence” opened the gateway to…
2Cases cited11 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- McQuiggin v. PerkinsSupreme Court of the United States · 2013
- House v. BellSupreme Court of the United States · 2006
- Lee v. LampertCourt of Appeals for the Ninth Circuit · 2011
- David B. Lowry v. Jo Anne Barnhart, in Her Capacity as Commissioner of the Social Security Administration Dan Hyatt Riley Atkins Bennett EngelmanCourt of Appeals for the Ninth Circuit · 2003
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3Cited by2 opinions
- JOHNSON v. SMEALDistrict Court, E.D. Pennsylvania · 2021
- Jeremy Anderson v. Jack WarnerDistrict Court, W.D. Washington · 2025