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RE: MJ authority
Neal,
He is PROHIBITED from holding an Article 39(a) session until the stay is lifted.
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: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Friday, July 08, 2011 3:26 PM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA; Sullivan Dwight
Cc: Faraj Haytham; Marshall Meridith; CODE Sripinyo Kirk Major NAMARA 45; Babu Kaza
Subject: MJ authority
Dwight,
Question: Does a stay mean that the MJ is without authority to advance the case at all? Put another way, does it in fact mean he without any authority until the stay is lifted, or can he schedule Art 39(a) sessions and require attendance in the meantime?
Any of you smart appellate lawyers can answer in lieu of His Holiness, if you know the answer (and perhaps know of some authority for it).
Thanks!
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
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