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Regarding access to the sealed transcript. Brian Mizer had a similar situation a few years ago, where he moved for access to a sealed portion of a record, the gov opposed, and the Court denied.
After the Court denied, govt counsel (then Maj Kevin Harris) told Brian that he only opposed because he had to, and didn't think NMCCA would be stupid enough to actually deny appellate counsel access to a portion of the trial record. So then the govt and defense did a joint motion for reconsideration, and access was granted. In this case, if the govt wants to minimize delay, they should realize that the defense not having access to the record could likely lead to a remand from CAAF back down to NMCCA, to allow us to look at the record and then file a petition. This whole back and forth could unnecessarily add weeks to the litigation. You would think that the govt would realize that there is nothing to be gained by the defense not having access, and want to avoid the issue, and would join a motion for reconsideration. Then again... And of course, delay may be in Wuterich's best interest anyway. But I leave that decision to you higher ups.
> From: Dwight.Sullivan@pentagon.af.mil > To: neal@puckettfaraj.com > CC: haytham@puckettfaraj.com; DHSULLIVAN@aol.com; kirk.sripinyo@navy.mil; babu_kaza@hotmail.com; meridith.marshall@usmc.mil > Date: Thu, 30 Jun 2011 09:19:10 -0400 > Subject: RE: Trial dates > > Neal, > > I think there's a very real chance that the appellate wrangling won't be done by 3 October. > > Shall we file a petition for writ of mandamus with NMCCA on Tuesday? > > 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: Tuesday, June 14, 2011 9:38 PM > To: Sullivan, Dwight H CIV USAF AFLOA/JAJA > Cc: Haytham; DHSULLIVAN@aol.com; kirk.sripinyo@navy.mil; babu_kaza@hotmail.com; meridith.marshall@usmc.mil > Subject: Trial dates > > All: > Results of 802 Conf with Judge Jones this evening. > All agreed that 27 June is a no-go. > Jones said "both parties agree on a date and tell me what it is. I'll referee if parties can't decide." > Haytham and I are going to propose (and will probably win a fight on) starting the trial 3-31 Oct 2011. > What's our next step in the appellate process? In whose court is the ball? How far down the field is it, and in which inning? > > 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. > > |