Case Status
2 results
LEE, REMON v. KEMNA, SUPT., CROSSROADS (20365)
Order dated: 02/26/01Docket number: 00-6933
Action:
The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
LEE, REMON v. KEMNA, SUPT., CROSSROADS (20365)
Order dated: 04/02/01Docket number: 00-6933
Action:
The motion for appointment of counsel is granted and it is ordered that Bonnie I. Robin-Vergeer, Esq., of Washington, D.C., is appointed to serve as counsel for the petitioner in this case.
A description of the questions presented by the case has been prepared:
1. Did the U.S. court of appeals for the eighth circuit err by affirming the district court's denial of lee's petition for habeas corpus because his rights under the fifth and fourteenth amendments to the United states Constitution were violated when the trial court refused to grant him a 19 hour continuance to contact his three subpoenaed alibi witnesses who unexpectedly did not return after a lunch break? 2. Should a hearing have been held on the habeas corpus to at least consider the testimony of the alibi witnesses to the effect that they were told by a court personnel, to leave? 3. In the circumstances in Remon Lee's case , was his federal violation regarding a denied request for a short continuance, procedurally barred from federal court? 4. Has Remon Lee made a substantial showing of actual innocence according to the schlup standard for his alibi witnesses to be explored further to prevent a fundamental miscarriage of justice?
An opinion has been handed down: