Notorious crime figure Jimmy Melvin Jr. was a no-show for a scheduled appearance in Nova Scotia Supreme Court on a murder charge Thursday following a miscommunication involving federal prison officials.

Melvin is accused of first-degree murder in the 2009 death of another crime figure, Terry Marriott Jr. He's also accused of trying to kill Marriott in 2008.

Melvin was supposed to be transported to Nova Scotia Wednesday from the Atlantic Institution, the federal maximum-security prison in Renous, N.B.

But the winter storm that swept through the area prompted a change in plans and Melvin's court appearance Thursday morning was to instead be by phone from the prison. But when the court clerk phoned Renous, Melvin wasn't there.

Corrections staff started transporting Melvin Thursday morning because he's due in provincial court in Halifax on Monday. Melvin is on a federal remand, which means he must be held in a federal prison between court appearances.

"I believe it was a surprise to everybody that he was not at the institution, he was not in court, he was in transit somewhere," his lawyer, Pat MacEwan, said outside court.

Melvin is being held at Renous after MacEwan successfully argued in the court that Nova Scotia's provincial jail system was not treating Melvin adequately and he was being held in isolation.

The Crown has preferred indictments against Melvin, which means there will be no preliminary inquiry in this case. It will go straight to trial in Nova Scotia Supreme Court instead. Crown prosecutor Christine Driscoll is now working to cancel Melvin's Monday appearance.

"It certainly deprives Mr. Melvin the right to test that evidence. I wouldn't say we're happy about it," MacEwan said.

Driscoll said preferred indictments are an unusual move in this region, but more common in other parts of the country. She would not say why the Crown chose to go that route.

"I can say it can be for various reasons including if there's security concerns with witnesses or concerns about the length of time that the process will take," Driscoll said.

The Crown is relying on evidence from Derek Thomas MacPhee to make its case against Melvin. MacPhee was facing charges for a violent home invasion. Those charges were withdrawn in exchange for MacPhee's testimony.

A second man, Regan Taylor Henneberry, is charged with Melvin in the attempted murder case. Henneberry's lawyer and MacEwan agreed to put the matter over until next month for another court appearance.

Henneberry is free on conditions in the meantime. Melvin is to be returned to a federal prison to await his next court date.