Durrell Anthony Puckett v. Baraona, et al.

Summary

The United States District Court for the Eastern District of California granted Plaintiff Durrell Anthony Puckett’s motions for the attendance of three incarcerated witnesses at trial in his 42 U.S.C. § 1983 action. The court found that Arlington Heyligar, Nirran Wells, and David Brinson appeared to be percipient witnesses and ordered that necessary writs of habeas corpus ad testificandum be issued.

Holdings

1. A court may order the attendance of an incarcerated witness at trial after considering whether the witness's presence will substantially further resolution of the case, the security risks, the expense of transportation and security, and whether the action could be stayed until the witness's release without prejudice.
2. The motions for attendance of Arlington Heyligar, Nirran Wells, and David Brinson at plaintiff's trial are granted.

Questions Presented

1. Whether the attendance of Arlington Heyligar, Nirran Wells, and David Brinson should be ordered for plaintiff's jury trial.
2. Whether the identified incarcerated witnesses appeared sufficiently likely to provide relevant firsthand testimony to justify transportation and issuance of writs of habeas corpus ad testificandum.

Disposition

other