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LEE v. KEMNA

No. 99-2406.

213 F.3d 1037 (2000)

Remon LEE, Appellant, v. Mike KEMNA, Superintendent; Jeremiah (Jay) Nixon, Attorney General, State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed May 25, 2000.

Rehearing and Rehearing Denied August 8, 2000.

Attorney(s) appearing for the Case

E. Ann Wright, Kansas City, MO, argued, for appellant.

Michael J. Spillane, Assistant Attorney General, Jefferson City, MO, argued (Jeremiah (Jay) Nixon, Attorney General, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD and FAGG, Circuit Judges, and BENNETT, District Judge.

Rehearing and Rehearing En Banc Denied August 8, 2000.*

PER CURIAM.

Remon Lee was tried in Missouri state court on charges of first degree murder and armed criminal action. During his trial, Lee's alibi witnesses failed to appear and Lee moved for a continuance until the witnesses could be brought to the courtroom. The continuance was denied and Lee was convicted and given a concurrent sentence of life without parole on the murder...

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