People v. McLemore

In People v. McLemore, 411 Mich 691, 692 n 2; 311 NW2d 720 (1981), the Michigan Supreme Court held that a "writ of habeas corpus ad prosequendum" does not constitute a detainer within the meaning of the IAD. The Court stated: We conclude that the writ of habeas corpus ad prosequendum remains available as means for a state to seek temporary custody of an accused incarcerated in another jurisdiction. The decision by federal authorities to honor a writ in the absence of a detainer as a matter of comity does not trigger the provisions of the agreement. Since the prosecution in the instant case obtained temporary custody as a result of the writ and no detainer had been lodged against the defendant, the time provision for trial in Article IV(c) is inapplicable. McLemore, supra at 694.