Lee v. Kemna

534 U.S. 362, 122 S. Ct. 877, 151 L. Ed. 2d 820, 2002 U.S. LEXIS 494
CourtSupreme Court of the United States
DecidedJanuary 22, 2002
Docket00-6933
StatusPublished
Cited by505 cases

This text of 534 U.S. 362 (Lee v. Kemna) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Kemna, 534 U.S. 362, 122 S. Ct. 877, 151 L. Ed. 2d 820, 2002 U.S. LEXIS 494 (2002).

Opinions

[365]*365Justice Ginsbueg

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 a state procedural ground. That court found the continuance motion defective under the State’s rules. It therefore declined to consider the merits of Lee’s plea that the trial court had denied him a fair opportunity to present a defense. Whether the state ground dis-positive in the Missouri Court of Appeals is adequate to preclude federal habeas corpus review is the question we here consider and decide.

On the third day of his trial, Lee was convicted of first-degree murder and armed criminal action. His sole affirmative defense was an alibi; Lee maintained he was in California, staying with his family, when the Kansas City crimes for which he was indicted occurred. Lee’s mother, stepfather, and sister voluntarily came to Missouri to testify on his behalf. They were sequestered in the courthouse at the start of the trial’s third day. For reasons then unknown, they were not in the courthouse later in the day when defense counsel sought to present their testimony. Discovering their absence, defense counsel moved for a continuance until the next morning so that he could endeavor to locate the three witnesses and bring them back to court.

The trial judge denied the motion, stating that it looked to him as though the witnesses had “in effect abandoned [366]*366the defendant” and that, for personal reasons, he would “not be able to be [in court the next day] to try the case.” Furthermore, he had “another ease set for trial” the next weekday. App. 22. The trial resumed without pause, no alibi witnesses testified, and the jury found Lee guilty as charged.

Neither the trial judge nor the prosecutor identified any procedural flaw in the presentation or content of Lee’s motion for a continuance. The Missouri Court of Appeals, however, held the denial of the motion proper because Lee’s counsel had failed to comply with Missouri Supreme Court Rules not relied upon or even mentioned in the trial court: Rule 24.09, which requires that continuance motions be in written form, accompanied by an affidavit; and Rule 24.10, which sets out the showings a movant must make to gain a continuance grounded on the absence of witnesses.

We hold that the Missouri Rules, as injected into this case by the state appellate court, did not constitute a state ground adequate to bar federal habeas review. Caught in the midst of a murder trial and unalerted to any procedural defect in his presentation, defense counsel could hardly be expected to divert his attention from the proceedings rapidly unfolding in the courtroom and train, instead, on preparation of a written motion and affidavit. Furthermore, the trial court, at the time Lee moved for a continuance, had in clear view the information needed to rule intelligently on the merits of the motion. Beyond doubt, Rule 24.10 serves the State’s important interest in regulating motions for a continuance— motions readily susceptible to use as a delaying tactic. But under the circumstances of this case, we hold that petitioner Lee, having substantially, if imperfectly, made the basic showings Rule 24.10 prescribes, qualifies for adjudication of his federal, due process claim. His asserted right to defend should not depend on a formal “ritual... [that] would further no perceivable state interest.” Osborne v. Ohio, 495 U. S. [367]*367103, 124 (1990) (quoting James v. Kentucky, 466 U. S. 341, 349 (1984) (in turn quoting Staub v. City of Baxley, 355 U. S. 313, 320 (1958))) (internal quotation marks omitted).

I

On August 27, 1992, Reginald Rhodes shot and killed Steven Shelby on a public street in Kansas City, Missouri. He then jumped into the passenger side of a waiting truck, which sped away. Rhodes pleaded guilty, and Remon Lee, the alleged getaway driver, was tried for first-degree murder and armed criminal action.

Lee’s trial took place within the span of three days in February 1994. His planned alibi defense—that he was in California with his family at the time of the murder—surfaced at each stage of the proceedings. During voir dire on the first day of trial, Lee’s court-appointed defense attorney informed prospective jurors that “[tjhere will be a defense in this case, which is a defense of alibi.” App. 10; see also ibid. (“And we’ll put on evidence—I can’t go into it now—that he was somewhere else, he couldn’t commit the crime and I believe the judge will give an instruction on alibi at the conclusion of my case.”). Later in the voir dire, defense counsel identified the three alibi witnesses as Lee’s mother, Gladys Edwards, Lee’s sister, Laura Lee, and Lee’s stepfather, James Edwards, a minister. Id., at 11-13.

The planned alibi defense figured prominently in counsels’ opening statements on day two of Lee’s trial. The prosecutor, at the close of her statement, said she expected an alibi defense from Lee and would present testimony to disprove it. Tr. 187. Defense counsel, in his opening statement, described the alibi defense in detail, telling the jury that the evidence would show Lee was not in Kansas City, and therefore could not have engaged in crime there, in August 1992. App. 12-13. Specifically, defense counsel said three close family members would testify that Lee came to visit them in [368]*368Ventura, California, in July 1992 and stayed through the end of October. Lee’s mother and stepfather would say they picked him up from the airport at the start of his visit and returned him there at the end. Lee’s sister would testify that Lee resided with her and her four children during this time. All three would affirm that they saw Lee regularly throughout his unbroken sojourn. Ibid.

During the prosecution case, two eyewitnesses to the shooting identified Lee as the driver. The first, Reginald Williams, admitted during cross-examination that he had told Lee’s first defense counsel in a taped interview that Rhodes, not Lee, was the driver. Tr. 285. Williams said he had given that response because he misunderstood the question and did not want to be “bothered” by the interviewer. Id., at 283, 287. The second eyewitness, William Sanders, was unable to pick Lee out of a photographic array on the day of the shooting; Sanders identified Lee as the driver for the first time 18 months after the murder. Id., at 413-414.

Two other witnesses, Rhonda Shelby and Lynne Bryant, were called by the prosecutor. Each testified that she knew Lee and had seen him in Kansas City the night before the murder. Both said Lee was with Rhodes, who had asked where Steven Shelby (the murder victim) was. Id., at 443-487. The State offered no physical evidence connecting Lee to the murder and did not suggest a motive.

The defense case began at 10:25 a.m. on the third and final day of trial. Two impeachment witnesses testified that morning. Just after noon, counsel met with the trial judge in chambers for a charge conference.

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Bluebook (online)
534 U.S. 362, 122 S. Ct. 877, 151 L. Ed. 2d 820, 2002 U.S. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-kemna-scotus-2002.