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UNITED STATES DISTRICT COURT for the Middle District of Oceana
Criminal Division--Felony Branch
UNITED STATES OF AMERICA			# 03-203-02
v.
MICHAEL JONES
APPLICATION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM Now comes the defendant, Michael Jones, and moves this honorable court pursuant to Fed. R. Crim. P. 12 and the Sixth Amendment to the United States Constitution to grant his application for a writ of habeas corpus ad testificandum. 1. On September 30, 2003, defendant responded to the government’s alibi demand by declaring that at the date and time of the alleged offense, defendant Jones was with his friend Ms. Susan Brown at Ms. Brown’s apartment, located at 3442 Southerly Place, Apt. 3-C, East Murdoch Village. Defendant intends to call Ms. Brown as a witness at trial to establish his defense of alibi. 3. Ms. Brown is defendant’s sole alibi witness. Defendant’s ability to call Ms. Brown as a witness is crucial to his right to present a defense under the Sixth Amendment to the United States Constitution. 3. On September 30, 2003, counsel for defendant learned that Ms. Brown was arrested and charged with unlawful use of a vehicle. At her initial appearance, Magistrate Judge Heany imposed a $1,000.00 surety bond as a condition of Ms. Brown’s release.