I've heard a grand total of nothing on this at the appellate level. The government has 20 days from the date the 72-hour letter was filed to file the ROT with AFCCA. The ROT hasn't been filed yet, but the deadline hasn't passed. Even if the government chooses to file the ROT, it can still bail out on filing the appeal, since they have another 20 days to file their brief once the ROT is filed. I don't think there's any real doubt that AFCCA wouldn't have jurisdiction over an appeal of the MJ's ruling. For that reason, I'll be surprised if JAJG ultimately files an appeal. But they might file the ROT before making the decision not to pursue the appeal, since one can file the ROT and not appeal but if one doesn't file the ROT, one is thereafter barred from appealing. If the ROT is filed and it's consistent with your litigation posture, I'd be more than happy to work up a motion to dismiss for lack of jurisdiction. Semper Fi, DHS Dwight H. Sullivan Senior Appellate Defense Counsel Air Force Appellate Defense Division (AFLOA/JAJA) 1500 West Perimeter Road, Suite 1100 Joint Base Andrews, MD 20762 240-612-4773 DSN: 612-4773 Fax: 240-612-5818 -----Original Message----- From: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD Sent: Wednesday, October 26, 2011 8:28 AM To: Neal Puckett; Sullivan, Dwight H CIV USAF AFLOA/JAJA Cc: Faraj Haytham Subject: RE: U.S. v. 1st Lt Patrick T. Burke - Notice of Appeal Mr. Sullivan, I'm curious if you've heard anything at your end of the hall on the status of this 62a appeal? I'm hearing disheartening and disturbing rumors that the legal office (and above) is actively pursuing avenues to retry this case. As if our client hasn't been put through enough over the past 18 months, they just can't seem to be able to accept the verdict as is. V/r Ranae Ranae L. Doser-Pascual, Capt, USAF AFLOA/JAJD Deputy Chief Policy and Training Joint Base Andrews NAF, MD DSN: 612-4792 COMM: 240-612-4792 -----Original Message----- From: Neal Puckett [mailto:neal@puckettfaraj.com] Sent: Saturday, October 15, 2011 9:27 PM To: Sullivan, Dwight H CIV USAF AFLOA/JAJA Cc: Faraj Haytham; Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD Subject: Fwd: U.S. v. 1st Lt Patrick T. Burke - Notice of Appeal Dwight, MJA case. Client found NG only by reason of lack of mental responsibility of all charges and specifications Thurs at 1600L at Dyess AFB. Am I reading that the Govt is appealing this finding? Is this possible? Are we in the Twilight Zone? S/f, Neal Neal A. Puckett, Esq. LtCol, USMC (Ret) Senior Partner Puckett & Faraj, PC 703.706.9566 www.puckettfaraj.com Begin forwarded message: From: "Kouba, Dustin B Capt USAF ACC 7 BW/JA" <Dustin.Kouba@dyess.af.mil> Date: October 15, 2011 18:05:41 EDT To: "VAN DALEN, MATTHEW D LtCol USAF AETC AFLOA/JAT" <matthew.van_dalen.1@us.af.mil>, "'Puckett Neal'" <neal@puckettfaraj.com>, "Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD" <ranae.doser-pascual@pentagon.af.mil> Cc: "ALBERTSON, KIRK W Capt USAF AMC AFLOA/JAJG" <kirk.albertson@us.af.mil>, "Harris, Ervin N Capt USAF ACC 7 BW/JA" <Ervin.Harris@dyess.af.mil>, "Mann, Elizabeth A SSgt USAF ACC 7 BW/JA" <Elizabeth.Mann@dyess.af.mil> Subject: U.S. v. 1st Lt Patrick T. Burke - Notice of Appeal Lt Col Van Dalen, Mr. Puckett & Capt Doser-Pascual, Attached please find the Governmentâs Notice of Appeal in the case of U.S. v. 1st Lt Patrick T. Burke dated 15 October 2011. Please contact me with any questions or concerns. Very respectfully, Dustin B. Kouba, Capt, USAF Trial Counsel 7 Lancer Loop, Ste 223 Dyess AFB, TX 79607 DSN: 461-2035 Comm: 325-696-2035 CONFIDENTIALITY NOTICE: This electronic transmission contains confidential information intended only for the person(s) named in the distribution above. It may contain attorney work-product or information protected under the attorney-client privilege, both of which are protected from disclosure under the Freedom of Information Act, 5 U.S.C. Â 552. Confidential information is also protected by the Privacy Act, 5 U.S.C. Â 552a, or other applicable laws. Do not release outside of DoD channels without prior authorization from the sender. If you receive this transmission in error, please notify the sender and delete copies of this message.
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