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Obtaining Prisoner Witnesses
Loaded on Dec. 15, 1994
published in Prison Legal News
December, 1994, page 10
This case involves an effort by state government defendants in a civil rights suit to obtain the presence of a witness to testify on their behalf. The case provides a useful discussion of writs of habeas corpus ad testificandum, whereby parties to civil or criminal actions can ask the court …
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More from this issue:
- Federal Crime Bill Passes, by Paul Wright
- Altered Disciplinary Evidence Violates Due Process
- Prisoners Lose Pell Grants, by Dan Pens
- No Help for Disciplinary Hearings
- BOP Can't Punish Detainees
- MI DOC Creates Liberty Interest in Seg Release
- Attorney Fee Awards Analyzed
- Pro Se Litigants Subject to Rule 11 Sanctions
- Obtaining Prisoner Witnesses
- Court Orders Return of Disks
- Women Prisoners Entitled to Equal Education
- Women Prisoners Lose Equal Protection Suit
- S.Ct. Grants Review in Prison Disciplinary Case
- VA Repressive Sentencing Law Results in Uprisings, by Dan Pens
- Fast Food Style Death Penalty Defense
- Houston - Death Penalty Capital of USA, by Dan Pens
- From the Editor, by Paul Wright
- Death Penalty Deterrents?
- One and Two Strike Laws Passed, by Paul Wright
- PI Issued for Prisoner Transfer
- News in Brief
- Russian Jails in Crisis
- Kurdish Prisoners Resist
- Ex-Prison Boss Assassinated in Turkey
More from these topics:
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- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.

