United States District Court, N.D. Illinois, Eastern Division
OPINION AND ORDER
L. ELLIS UNITED STATES DISTRICT JUDGE
Antoine Lamb, currently incarcerated at Taylorville
Correctional Center, is serving a seven-year sentence for
aggravated criminal sexual abuse, criminal sexual assault by
force, and criminal sexual assault by a person holding a
position of authority. Lamb has petitioned for a writ of
habeas corpus under 28 U.S.C. § 2254. Lamb raises three
grounds for relief: (1) ineffective assistance of trial
counsel for failing to file a motion to suppress Lamb's
statements, (2) ineffective assistance of post-conviction
counsel, and (3) the trial court's imposition of an
indefinite mandatory supervised release (“MSRâ) term in
violation of state sentencing guidelines and the Double
Jeopardy Clause. This Court reaches Lamb's claim of
ineffective assistance of trial counsel; however, Lamb has
not shown that the state court's decision on this issue
was contrary to or an unreasonable application of clearly
established federal law. The Court finds the remainder of
Lamb's claims procedurally defaulted or not cognizable on
federal habeas review. Thus, the Court denies Lamb's
petition for a writ of habeas corpus.
following facts are drawn from the state appellate court
opinions on direct and post-conviction review. The Court
presumes that the state court's factual determinations
are correct for the purposes of habeas review because Lamb
has not pointed to clear and convincing evidence to the
contrary. See 28 U.S.C. § 2254(e)(1); Todd
v. Schomig, 283 F.3d 842, 846 (7th Cir. 2002). The Court
thus adopts the state court's recitation of the facts and
begins by summarizing the facts relevant to the petition.
April 25, 2009, Lamb, his girlfriend at the time (L.D.), the
victim (S.S.), and S.S.' brothers were playing cards and
drinking at L.D.'s home. At the time of the incident,
S.S. was almost fifteen years old. L.D. had one glass of
vodka, and Lamb drank the remainder of the bottle. Between
midnight and one a.m., the game ended, and everyone
dispersed. S.S. went downstairs to watch the end of a movie.
the movie ended, S.S. went up to her room. S.S. closed the
door but did not lock it. She then got into bed wearing a
tank top, bra, and black track shorts. S.S.' bed had two
sheets on it; S.S. only got under the first sheet. S.S. heard
her bedroom door open and Lamb enter. Lamb proceeded to get
into bed with S.S. Lamb asked if S.S. saw him as a father
figure, to which S.S. agreed. Lamb left after fifteen to
left the room thereafter, going downstairs for a brief window
of time. She heard a door open and shut and returned to her
room believing Lamb had gone to bed. S.S. got back in bed,
under both sheets. A few moments later, Lamb reentered
S.S.' room and got under both sheets. S.S. testified that
Lamb began to touch her during this encounter, removing her
shorts. She said Lamb touched “her butt” and her
“vaginal area.” Doc. 12-9 ¶ 8. Lamb did not
say anything and left the room shortly after.
Lamb left the bedroom, S.S. got up, put on her shorts, and
returned to bed. After a short period of time, Lamb reentered
the bedroom again. Lamb got back into the bed with S.S. and
asked why she had put her shorts back on. S.S. did not answer
Lamb. Lamb asked S.S. to take off the shorts, and, when she
did not comply, he took them off for her. S.S. testified that
Lamb began touching her again and tried to “stick his
penis inside [her] vagina area.” Id. ¶ 9
(alteration in original). S.S. further testified that Lamb
was “on top of” her and that she started to
scream. Id. S.S. pushed Lamb, and he left the room.
Before leaving, Lamb said “I'm still the same old
grouchy Darnall.” Id. S.S. put her underwear in
the corner of her closet and then went downstairs. She fell
asleep in front of the television.
did not tell anyone of the incident that night. The next
morning, Lamb drove S.S. and her brothers to their
grandmother's house. Lamb dropped the siblings off and
picked them up later that afternoon. S.S. had planned on
telling her grandmother about the incident but decided
against it because her grandmother had been sick.
Monday, at school, S.S. told one of her friends about the
incident. Another friend saw her crying and came over to
help. S.S. told both of them what had happened. S.S.'
friends took her to speak to a coach. Afterward, L.D. took
her to the hospital.
that day, two police officers waited at Lamb's home for
him to return from work. The officers took Lamb to the police
station for questioning. Lamb was not under arrest at this
time. The detectives read Lamb his Miranda warnings.
Lamb acknowledged his rights and agreed to speak to the
initially told the police officers that he remembered playing
the card game, going to bed, and then waking up on the couch.
He claimed not to remember anything in between the game and
waking up. After about an hour, the officers told Lamb that
S.S. made an allegation against him. Lamb informed the
detectives that he did not see S.S. in that way, stating that
“if it happened, it was an accident, ” and then
“I didn't do it. I don't remember, but it's
possible if she says it.” Id. ¶ 21. He
acknowledged that he had not known S.S. to be a liar. Lamb
also said that his biggest fear was that he did it and now
owed S.S. an apology. Lamb also provided a written statement
along these lines. The following day, officers again
interviewed Lamb, reading Lamb his Miranda rights
and proceeding after Lamb agreed to speak with the officers.
During this second interview, when asked if Lamb recalled
entering S.S.' bed, Lamb responded, “I don't
doubt that it probably happened.” Id. ¶
state charged Lamb in a five-count indictment, with Lamb
proceeding to a jury trial on May 10, 2010, on three of the
counts. S.S., L.D., one of S.S.' brothers, and two of
S.S.' friends testified. Two of the officers who
conducted the investigation also testified, as did two
forensic scientists who tested a sexual assault evidence
collection kit taken from S.S., and the nurse who collected
that kit. The nurse noted she did not observe any trauma on
S.S.' body but that such a finding was not unusual.
Although chemical tests ...