No. 89-5916.

498 U.S. 184 (1991)


Supreme Court of the United States.

Decided January 8, 1991.

Attorney(s) appearing for the Case

James E. Scarboro, by appointment of the Court, 495 U.S. 928, argued the cause for petitioner. With him on the briefs were Alfred T. McDonnell and David C. Warren.

Michael R. Lazerwitz argued the cause for respondents. With him on the brief were Solicitor General Starr, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Bryson.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

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...

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