Monroe v. Birkey, No. 10-3407 (7th Cir. 2013)
Annotate this CaseIn 1996, Stalker was fatally bludgeoned and stabbed following a drug sale. Witnesses led Chicago police to Monroe and three fellow members of the Black P-Stone Nation street gang: Thomas, Curry, and Jackson, who had been selling crack cocaine and Stalker, a member of another gang, who had recruited customers. Members of Stalker’s gang drove up to make a purchase but sped off without paying for the cocaine. Stalker was beaten by Monroe and Curry, then stabbed by Thomas. Monroe later acknowledged striking Stalker but denied any foreknowledge that Thomas would stab him. Monroe pleaded not guilty. Jackson, after himself being acquitted on a murder charge, was a key witness. Monroe was convicted of first-degree murder on an accountability theory and sentenced to 40 years. After exhausting state remedies, Monroe unsuccessfully petitioned for habeas corpus under 28 U.S.C. 2254. The Seventh Circuit affirmed, rejecting arguments: that Monroe was arrested without probable cause; that his trial counsel was ineffective in failing to call his brother and sister-in-law as witnesses at trial and in support of his motion to suppress his post-arrest statements; and that the state presented insufficient evidence to support his conviction on an accountability theory.
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