Demarest v. Manspeaker
Supreme Court of the United States
1Opinion of the CourtChief Justice Rehnquist
The question presented is whether 28 U. S. C. § 1821 requires payment of witness fees to a convicted state prisoner who testifies at a federal trial pursuant to a writ of habeas corpus ad testificandum. The Court of Appeals for the Tenth Circuit concluded that it does not. We disagree and conclude that it does.
In March 1988, petitioner Richard Demarest, an inmate in a Colorado state correctional facility, was summoned to appear as a defense witness in a federal criminal trial. He was transported by a United States marshal to the Denver County Jail pursuant to a writ of habeas corpus ad…
2Cases cited9 opinions
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Leary v. United StatesSupreme Court of the United States · 1969
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Rubin v. United StatesSupreme Court of the United States · 1981
- Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
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- Mark Mitchell v. Martin F. HornCourt of Appeals for the Third Circuit · 2003
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