United States District Court, W.D. Missouri, Western Division
OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY
GARY A. FENNER, District Judge.
Petitioner, a convicted state prisoner currently confined at the Crossroads Correctional Center in Cameron, Missouri, has filed pro se this federal petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2008 convictions and sentences for fourteen counts of rape, six counts of sodomy, four counts of attempted rape, three counts of first-degree robbery, and four counts of first-degree assault, which were entered in the Circuit Court of Jackson County, Missouri. Petitioner's convictions were affirmed on direct appeal. Resp. Ex. E. Petitioner's motion for post-conviction relief filed pursuant to Mo. Sup.Ct. R. 29.15 was denied following an evidentiary hearing (Resp. Ex. F, pp. 91-103), and that denial was affirmed on appeal therefrom (Resp. Ex. I).
Petitioner raises five grounds for relief: (1)(a) his convictions violate the Ex Post Facto Clause, (1)(b) trial counsel was ineffective for failing to file a motion to suppress, (2) trial counsel was ineffective for failing to file a motion asserting his right to a speedy trial, (3) trial counsel was ineffective for failing to file a writ of prohibition, and (4) trial counsel was ineffective for failing to let petitioner testify on his own behalf. Doc. No. 1, pp. 5-10, 14. Respondent contends that Grounds 1(a), 1(b), 2, and 3 are procedurally defaulted and that Ground 4 is without merit. Doc. No. 9, pp. 2-3.
STATEMENT OF FACTS
In affirming petitioner's convictions and sentences, the Missouri Court of Appeals, Western District, set forth the following facts:
Bland was charged for committing a series of sexual attacks on several women in the Kansas City area in 1985 and 1986. Bland was charged with attacking twelve different women on twelve different occasions, with a total of thirty one felony charges being charged by the State. Specifically, Bland was charged with the following:
- Two counts of forcibly raping S.W., one count of forcible sodomizing S.W., and one count of robbery in the first degree of S.W. on April 20, 1985.
- One count of forcible raping M.O., one count of assaulting M.O. in the first degree, and one count of robbery in the first degree of M.O. on July 23, 1985.
- One count of forcibly raping H.S. on October 19, 1985.
- One count of forcibly sodomizing J.L.B., one count of attempted forcible rape of J.L.B., and one count of forcibly raping J.L.B. on January 25, 1986.
- One count of forcible [sic] sodomizing G.O., one count of forcibly raping G.O., and one count of robbery in the first degree of G.O. on March 18, 1986.
- One count of attempted forcible rape of K.H., and one count of assaulting K.H. in the first degree on April 15, 1986.
- One count of forcibly raping L.H. on April 28, 1986.
- One count of attempted forcible rape of J.B. and one count of assaulting J.B. in the first degree on May 24, 1986.
- Two counts of forcible sodomizing L.O., one count of attempted forcible rape of L.O., and one count of forcibly ...