Ahhh, it's good to win at SOMETHING today... 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: Neal Puckett [mailto:neal@puckettfaraj.com] Sent: Friday, September 16, 2011 2:34 PM To: Marshall Maj Meridith L Cc: Sullivan, Dwight H CIV USAF AFLOA/JAJA; Sripinyo, Kirk Major NAMARA, CODE 45; <DHSULLIVAN@aol.com>; <babu_kaza@hotmail.com>; <haytham@puckettfaraj.com>; <ksripinyo@yahoo.com> Subject: Re: Interesting fact and interesting rumor 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 > > > The information contained in this electronic message is confidential, and is > intended for the use of the individual or entity named above. If you are not > the intended recipient of this message, you are hereby notified that any > use, distribution, copying of disclosure of this communication is strictly > prohibited. If you received this communication in error, please notify > Puckett & Faraj, P.C. at 703-706-9566 or via a return the e-mail to sender. > You are required to purge this E-mail immediately without reading or making > any copy or distribution. > > 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 > > >
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