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LEE v. KEMNA

No. 00-6933.

534 U.S. 362 (2002)

122 S.Ct. 877

151 L.Ed.2d 820

LEE v. KEMNA, SUPERINTENDENT, CROSSROADS CORRECTIONAL CENTER

Supreme Court of United States.

Decided January 22, 2002.

Attorney(s) appearing for the Case

Bonnie I. Robin-Vergeer, by appointment of the Court, 532 U.S. 956, argued the cause for petitioner. With her on the briefs were David C. Vladeck and Alan B. Morrison.

Paul C. Wilson argued the cause for respondent. With him on the brief were Jeremiah W. (Jay) Nixon, Attorney General of Missouri, James R. Layton, State Solicitor, and Michael J. Spillane, Assistant Attorney General.*

Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Souter, and Breyer, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, p. 388.

Justice Ginsburg, delivered the opinion of the Court.

Petitioner Remon Lee asserts that a Missouri trial court deprived him of due process when the court refused to grant an overnight continuance of his trial. Lee sought the continuance to locate subpoenaed, previously present, but suddenly missing witnesses key to his defense against felony charges. On direct review, the Missouri Court of Appeals disposed of the case on...

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