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Bland v. Pash

United States District Court, W.D. Missouri, Western Division

June 4, 2015

SHY BLAND, Petitioner,
v.
RONDA PASH, Respondent.

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. ยง 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] (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 ...

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