“We’re shocked by it,” Brandon said. “I’ve never had a prosecutor object to this type of motion – it’s absolutely normal to file this. We always do.”

Prosecutors opposed a motion Monday that was filed last week by Brandon, who was not in court at the time, to waive Madden’s appearance for arraignment.

Assistant District Attorney J. Paul Newman said he was not aware a motion had been filed and opposed the “motion for her not to appear.” Newman could not be reached for comment following Monday’s proceedings.

As a result of the prosecution’s opposition, Circuit Court Judge Don Ash scheduled a follow-up hearing for Wednesday at 9 a.m. to determine if Madden should be required to attend.

However, by Monday evening the prosecution and defense agreed she would appear Wednesday for arraignment.

“We will be there Wednesday,” Brandon said, “and she will enter a not guilty plea.”

Madden has been indicted on a charge of killing Tina Stewart, the MTSU Lady Raider who was fatally stabbed during a March 2 altercation.

The two women were roommates at Raider’s Crossings Apartments and attended MTSU at the time of the incident. Madden has since been expelled from the university.

Brandon is arguing the 18-year-old Memphis native acted in self-defense.

During an interview Monday afternoon, Brandon said Newman should have been aware of the motion.

“I hand delivered a copy of the motion to the district attorney’s office Tuesday,” Brandon said, adding he was not aware of the prosecution’s objections until the media contacted him after the court proceedings.

Brandon said if he had known prosecutors opposed the motion, he and Madden would have appeared in court.

“It’s becoming protocol in this case – the prosecution is presenting their case through the media, but we will do our talking in court,” Brandon said.