Jackson County Prosecuting Attorney v. Jackson Circuit Judge

Plaintiff, the Jackson County Prosecutor, filed an original complaint seeking an Order of Superintending Control requiring that the defendant Jackson County Circuit Judge, Gordon W. Britten, grant no credit for time spent in prison while awaiting trial when sentencing for prison escape, MCLA 750.193; MSA 28.390. Defendant Dersa is one of the more than 60 defendants sentenced by Judge Britten for prison escape who have been given credit against their sentences for that period of imprisonment between arraignment and sentencing.

Various panels of this Court have differed over the application of…