Re: Interesting fact and interesting rumor

[Neal Puckett <neal@puckettfaraj.com>]

OK. Meridith wins. It's officially Guinness time. 

Neal A. Puckett, Esq.
LtCol, USMC (Ret)
Senior Partner
Puckett & Faraj, PC
703.706.9566
www.puckettfaraj.com

On Sep 16, 2011, at 17:30, "Marshall Maj Meridith L" <meridith.marshall@usmc.mil> wrote:

> All,
> 
> I was told there would be no math in this job...
> 
> R/
> 
> Major Meridith L. Marshall
> Senior Defense Counsel
> MCAS, Miramar
> 858-577-1720 (desk line)
> dsn 267-1720
> 858-997-8332 (government cell)
> meridith.marshall@usmc.mil 
> 
> -----Original Message-----
> From: Sullivan, Dwight H CIV USAF AFLOA/JAJA [mailto:Dwight.Sullivan@pentagon.af.mil] 
> Sent: Friday, September 16, 2011 1:09 PM
> To: Sripinyo, Kirk Major NAMARA, CODE 45; Puckett Neal
> Cc: DHSULLIVAN@aol.com; babu_kaza@hotmail.com; haytham@puckettfaraj.com; Marshall Maj Meridith L; ksripinyo@yahoo.com
> Subject: RE: Interesting fact and interesting rumor
> 
> I do get Maj Sip's joke, but to get serious on everyone for a second, as I
> discussed with Neal, by far the most likely outcome of our most recent writ
> appeal is a one-sentence denial without prejudice--though I counted within
> that box the possibility of a one-sentence denial accompanied by a somewhat
> longer concurring opinion by one or two judges.  I estimated the chance of a
> one-sentence denial without prejudice as about 85 to 90%.  The next most
> likely outcome, accounting for all but about 1% of the delta, is an oral
> argument in the case.  The remaining 1% would be an order providing a more
> thorough analysis of the writ appeal without oral argument.  I believe our
> only chance of success (which is quite small) is through the oral argument
> route.  I told Neal that an oral argument at which Judge Effron didn't
> participate would be almost impossible for us to win.  But with the new news
> about Judge Cox (if true), I no longer believe that is the case -- we could
> potentially win with an Erdmann-Ryan-Cox majority.
> 
> Semper Fi,
> DHS 
> 
> Dwight H. Sullivan
> Acting Chief
> 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: Sripinyo, Kirk Major NAMARA, CODE 45 [mailto:kirk.sripinyo@navy.mil] 
> Sent: Friday, September 16, 2011 4:03 PM
> To: Puckett Neal; Sullivan, Dwight H CIV USAF AFLOA/JAJA
> Cc: DHSULLIVAN@aol.com; babu_kaza@hotmail.com; haytham@puckettfaraj.com;
> meridith.marshall@usmc.mil; ksripinyo@yahoo.com
> Subject: RE: Interesting fact and interesting rumor
> 
> Sir-
> 
>  I think Col Sullivan may be counting outcomes such as a two sentence
> denial in that remaining 84%.  ;)
> 
> -Sip
> 
> -----Original Message-----
> From: Puckett Neal [mailto:neal@puckettfaraj.com] 
> Sent: Friday, September 16, 2011 15:48
> To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
> Cc: DHSULLIVAN@aol.com; Sripinyo, Kirk Major NAMARA, CODE 45;
> babu_kaza@hotmail.com; haytham@puckettfaraj.com; meridith.marshall@usmc.mil;
> ksripinyo@yahoo.com
> Subject: Re: Interesting fact and interesting rumor
> 
> I'll take 16%!
> 
> Neal A. Puckett, Esq
> LtCol, USMC (Ret)
> Puckett & Faraj, PC
> 1800 Diagonal Rd, Suite 210
> Alexandria, VA 22314
> 703.706.9566
> www.puckettfaraj.com
> www.twitter.com/puckettfaraj
> 
> 
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> 
> On Sep 15, 2011, at 3:02 PM, Sullivan, Dwight H CIV USAF AFLOA/JAJA wrote:
> 
> Interesting fact:  As you've probably seen, the President  has nominated a
> new judge for CAAF -- Kevin A. Ohlson, whose current job is heading DOJ's
> professional misconduct review unit.  Not a bad place for a judge
> considering the Wuterich case to be coming from.  (Of course, he probably
> won't be confirmed anytime soon, so he probably won't be a player on our
> writ appeal.  But in the event of a conviction and sentence qualifying for
> appellate review -- which hopefully will not occur -- he might be a very
> good judge on direct appeal.)
> 
> Interesting rumor:  I had previously heard that CAAF would operated as a
> 4-judge court until a new judge is seated.  But I've now heard a contrary
> rumor that Senior Judge Walter T. Cox III will sit with the court until a
> new judge is confirmed.  If that's true, I'm very happy.  Judge Cox comes
> from an earlier era at CAAF, when doing justice was considered more
> important than, say, rigidly enforcing a made-up filing deadline.  (Of
> course, Chief Judge Effron was on the right side in that case, but
> all-in-all, Judge Cox is likely to be less concerned with doctrinal matters
> and more concerned with basic fairness than Chief Judge Effron is -- not a
> slight against Chief Judge Effron, who is fabulous.)  So our odds just got a
> little better.  Hell, we might now have a 16% chance of some outcome other
> than a one-sentence denial without prejudice.  :- )
> 
> Semper Fi,
> DHS
> 
> 
> Dwight H. Sullivan
> Acting Chief
> 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  
> 
> 
>