United States District Court, E.D. Missouri, Eastern Division
CORDELL G. BASS, Petitioner,
STANLEY PAYNE, Respondent.
MEMORANDUM AND ORDER
M. BODENHAUSEN UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the petition of Petitioner
Cordell G. Bass (“Petitioner”) for a writ of
habeas corpus, pursuant to 28 U.S.C. § 2254. Respondent
has filed a response in opposition. The parties have
consented to the jurisdiction of the undersigned pursuant to
28 U.S.C. § 636(c).
is presently incarcerated at the Eastern Reception Diagnostic
and Correctional Center pursuant to the sentence and judgment
of the Circuit Court of St. Louis City. Petitioner was
charged in the Circuit Court of the City of St. Louis with
one count of forcible rape, two counts of forcible sodomy,
one count of kidnapping, and one count of assault. (Legal
File, ECF No. 13-3, at 13-15) In the Indictment, the State
charged Petitioner as a prior and persistent offender based
on Petitioner pleading guilty to two felonies in May 1996 in
two separate cases: Trafficking in the Second Degree (Cause
No. 22951-0004243A) and Unlawful Use of a Weapon (Cause No.
22951-0002436). (Id. at 15-17) On July 12 and 13,
2010, a jury trial was held, and Petitioner testified. (ECF
Nos. 13-1 and 2, at 203-13) On July 13, 2010, a jury
convicted Petitioner of kidnapping and assault but acquitted
him of the forcible rape and sodomy charges. (ECF No. 13-3,
at 51-55) The trial court sentenced Petitioner as a prior and
persistent offender to two concurrent sentences of eighteen
years on each count. Id. at 60-63. On direct appeal,
Petitioner challenged the trial court's denial of his
motion for judgment of acquittal at the close of the
evidence, arguing that the State failed to prove beyond a
reasonable doubt he kidnapped C.H. (ECF No. 13-4) The
Missouri Court of Appeals affirmed Petitioner's
convictions on direct appeal on September 27, 2011. State
v. Bass, 349 S.W.3d 473 (Mo.Ct.App. 2011) (ECF No.
filed a pro se motion for post-conviction relief
under Missouri Rule 29.15. (ECF No.13-7, at 4-16) After
appointment of counsel, Petitioner requested an evidentiary
hearing and filed an amended post-conviction relief motion in
which he alleged the following ineffective assistance of
counsel claims: (1) counsel failed to object when the State
introduced evidence that Petitioner initially refused to make
a statement when questioned by police; (2) counsel failed to
object when the State cross-examined him about his prior
criminal convictions beyond the permitted scope; and (3)
counsel stipulated that Petitioner was a prior and persistent
offender. (Id. at 29-44) On June 6, 2014, the motion
court denied Petitioner's amended motion and his request
for an evidentiary hearing. (Id. at 47-60)
appeal from the denial of post-conviction relief, Petitioner
raised the same ineffective assistance of counsel claims that
he raised in his amended post-conviction motion. (ECF
No.13-8) On March 10, 2015, the Missouri Court of Appeals
affirmed the denial of post-conviction relief. State v.
Bass, 457 S.W.3d 394 (Mo.Ct.App. 2015) (ECF No. 13-10,
at 1-13) Petitioner timely filed this petition for relief
pursuant to 28 U.S.C. § 2254 on June 11, 2015. (ECF No.
Factual Background - Trial Evidence
evening of September 29, 2007, C.H., the state's witness,
was waiting at the bus stop at Grand and Broadway. (ECF No.
13-2, Tr. II, at 14-16) Petitioner drove to the bus stop and
C.H. asked Petitioner for a ride. Id. at 16-19. C.H.
testified that she recognized Petitioner having seen him
around the Walnut Park neighborhood but she did not know his
name. Id. After entering his car, Petitioner drove
C.H. against her will to a remote location and directed her
to perform oral intercourse. Id. at 20-23. After
realizing Petitioner was not armed, C.H. attempted to get out
of the car by scratching, kicking, and biting Petitioner.
Id. at 23-24. C.H. exited the car, and Petitioner
followed and grabbed C.H. by her hair and started hitting her
face against the car and biting her right arm. Id.
at 24-25, 36. Petitioner placed his penis in C.H.'s
rectum and then in her vagina. Id. at 26-27. After
C.H. attempted to run away, Petitioner started hitting her
with his belt. Id. at 29. After C.H. picked up a
rock and hit Petitioner with it, C.H. ran and hid under a
truck. Id. at 29. After looking for C.H. and not
being able to find her, Petitioner drove away. Id.
escaping from Petitioner, C.H. testified that she contacted
the police and was taken to the hospital to have a rape test
collected. Id. at 34-36, 107-14. Plaintiff received
two sutures for her fractured right eye. Id. at
testified that although he did not know C.H., he approached
C.H. after he saw her sitting on a bench at a filling
station, and she agreed to ride with him. Id. at
204-06. After driving a few feet away, Petitioner stopped and
exited his car to urinate. As he returned to his car,
Petitioner testified that he noticed C.H. rummaging through
his arm rest so he hit her several times and punched her in
the face, pulled her out of the car, threw C.H to the ground,
and then drove away. Id. at 206-07, 209. Petitioner
denied that he raped and sodomized C.H. Id. at 210.
provided a description of Petitioner to the police, but the
police were not able to locate Petitioner until 2009.
Id. at 39-40, 74. The DNA analysis showed that
Petitioner's DNA was present on C.H.'s nail clippings
and on the swab from the bite marks on C.H.'s forearm.
Id. at 189-90.
claim has been adjudicated on the merits in state court
proceedings, habeas relief is permissible under the
Antiterrorism and Effective Death Penalty Act of 1996
(AEDPA), 28 U.S.C. § 2254(d), only if the state
(1) resulted in a decision that was contrary to, or involved
an unreasonable application of, clearly established Federal
law, as determined by the Supreme Court of the United States;
(2) resulted in a decision that was based on an unreasonable
determination of the facts in light of the evidence presented