| Nick, No 802. Our position is that the MJ has no authority to call us to an 802, and you have no authority to ask for one. A stay means we're done until the stay is lifted. Art 62 rules are inapplicable. We'll talk again when and if the stay is lifted. The dates of 26 Aug and 3 Oct are now irrelevant to any discussion. S/f, Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 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 Jul 8, 2011, at 5:39 PM, Gannon Maj Nicholas L wrote: Sir, I understand your position, however I respectfully disagree. Even in an Article 62 appeal, the Judge can make administrative decisions. Setting a trial schedule is merely administrative. I will request the trial dates we agreed to; if you elect to oppose them based on your read of the nature and scope of the stay, I understand. Now, if there was a stay in place come 26 August (our 39a date) then we would not be able to hold a 39a session IF the stay was still in place. However, setting the date to ensure that counsel remain available, and witnesses are available, that I believe is proper. I intend to request an 802 for sometime next week Sir. Availability? Very respectfully, Nick -----Original Message----- From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Friday, July 08, 2011 12:53 To: Gannon Maj Nicholas L Cc: Faraj Haytham; Marshall Maj Meridith L Subject: Art 39a/trial dates Nick, Based on a response to a query of our appellate counsel, we've learned that the MJ is PROHIBITED from holding 39(a) sessions while a stay is in place. He is without authority. So our discussion today was only academic, though enjoyable. Thus we're really jumping the gun to even talk about trial dates. We'll talk again when authority is returned to the MJ. Since he's currently without authority over anything, including trial dates, we'll just wait and see where all of this goes before agreeing to go on any particular date. So please disregard our earlier mention of 3 Oct availability. We'll revisit our availability when the time comes to do that. Have a great weekend, S/f, Neal 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. |