Please be advised that defense attorneys can file Writs of Habeas Corpus to have their clients transported from an MDOC institution to the courthouse for a hearing.  There have been occasions when the prosecutor’s office, which typically files these writs, either was not informed or otherwise did not know a defendant was being housed in a state prison.  As a result, we sometimes have hearings set without a writ having been issued.  To address these circumstances, it should be made clear that defense attorneys can and should file these writs, without relying on the prosecutor’s office, in situations that warrant.  For example, if a defendant files a motion and requests a hearing, a proposed writ can also be submitted by defense counsel so that the court can execute it and assure defendant’s presence when setting a hearing date.  Thank you.

André R. Borrello

10^th Circuit Court Judge

111 South Michigan Avenue

Saginaw, MI 48602