Lee v. Kemna

Summary

Justice Kennedy, joined by Justices Scalia and Thomas, dissents from the Court's majority opinion, arguing that the new contextual approach to determining the adequacy of state procedural grounds improperly expands federal oversight of state trial judges and misapplies the Henry v. Mississippi rationale. He maintains that Missouri's Rule 24.10 serves a legitimate state interest and that Lee's non‑compliance constitutes an adequate state ground, warranting dismissal of the federal habeas claim.