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Oct. 2, 2017

U.S. Supreme Court asked to review California’s ban on prisoner testimony

Can a state categorically ban prisoners from testifying in civil lawsuits without running into a 14th Amendment violation? In California, the answer for the past 80 years has been yes.

Can a state categorically ban prisoners from testifying in civil lawsuits without running into a 14th Amendment violation?

In California, the answer for the past 80 years has been yes. Under a precedent set by a California Court of Appeal in 1938, the state has denied prisoners the right to testify in civil trials because of the alleged risk and cost of transporting them to court.

The legality of...

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