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Probably not. It's possible, but not likely. If they did, we would
ask them to reinstate the stay upon filing the mandamus petition, arguing that
Judge Jones' ruling was based on an oft-repeated clearly erroneous finding of
fact that there was no break in Colby's representation when the record
definitively establishes that there was.
If that didn't work, we could ask CAAF for a stay. I think at least two
judges -- Effron and Ryan -- would be sympathetic. We'd need three for a
stay.
Semper Fi,
DHS
In a message dated 6/14/2011 10:16:43 P.M. Eastern Daylight Time,
neal@puckettfaraj.com writes:
They
won't rule on the motions, denying them, and simply lift the stay, will
they?
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.
Oorah -- I was planning to send out an email to Team Wuterich tonight -
-you beat me to it.
Great news on the trial dates. I suppose it's too much to hope, but
maybe somebody on the Government side will come to their senses and make this
case go away before October.
Right now, the ball is in NMCCA's court. They have two motions
before them that are logically prerequisites for our mandamus petition --
the motion to give us access to the sealed exhibit and the motion for
interrogatories. To the best of my knowledge, the government hasn't
filed a response to those. (Of course, maybe the government filed and
never told me; Maj Kirby's certification that he served all counsel with the
motion to lift the stay appears to be incorrect; I've never received a copy,
contrary to NMCCA rules.)
That said, we certainly don't want to wait too long before taking our
next step in case NMCCA either does nothing or denies our motions. I've
been bouncing from deadline to deadline over the past week, but my deadline
pressures will abate significantly after 2359 tomorrow night. So I'm
planning to start work in earnest of the mandamus petition on Thursday
night. My guess is that we'll have it ready to launch -- with whatever
modifications are necessary depending on the outcome of our motion practice --
on Monday. But I'd probably still hold off on filing it until NMCCA
rules on our motions if the court hasn't done so by then.
Thoughts?
Semper Fi,
DHS
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
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.
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