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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 In a message dated 6/14/2011 9:37:52 P.M. Eastern Daylight Time,
neal@puckettfaraj.com writes:
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