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Haytham -- I haven't seen this yet. If it's possible to get it to me
Wednesday a.m., it would be helpful.
Semper Fi,
DHS
In a message dated 5/23/2011 3:49:56 P.M. Eastern Daylight Time,
haytham@puckettfaraj.com writes:
My secretary typed out the transcript. It is a rough copy. I'll have her
email it to you tonight.
Haytham Faraj Sent from my iPhone
CAAF's website is down this weekend. Accordingly, I'm not in a
position to cull the CAAF transcript for quotes supporting a petition for a
stay of proceedings.
I think some of the statements made by Chief Judge Effron and Judge
Ryan at the argument are our best support for a stay of proceedings.
Each of them made comments along the lines that this was a very important
issue that could result in the case being overturned on appeal, so it's
important to get it right.
My very strong inclination is to hold off on filing the stay petition
until we can put those quotations into the petition. Hopefully the
site will be back up tomorrow. At the very least, I should be able to
find out tomorrow when it's expected to be back up.
Is everyone comfortable holding off until at least Tuesday to file the
stay petition in the hope that we can incorporate material from the Wuterich
oral argument into a stay petition to be filed on Tuesday?
Semper Fi,
DHS
I
leave for Oki in the morning. Haytham should be more available.
Neal A. Puckett, Esq.
LtCol, USMC (Ret)
Senior
Partner
Puckett & Faraj, PC
703.706.9566
www.puckettfaraj.com
On May
20, 2011, at 10:13, "Sullivan, Dwight H CIV USAF
AFLOA/JAJA"<Dwight.Sullivan@pentagon.af.mil> wrote:
>
YES!!! I would suggest that the first thing we do is prepare a
petition asking NMCCA to stay the proceedings, with the exception of the
military judge entering his findings of fact and conclusions of law.
I suggest we file that on Monday. I'm happy to take a first stab at
that over the weekend.
>
> 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: Neal Puckett
[mailto:neal@puckettfaraj.com]
> Sent: Friday, May 20, 2011 10:11
AM
> To: Neal Puckett
> Cc: Sullivan Dwight; Sullivan, Dwight
H CIV USAF AFLOA/JAJA
> Subject: Re: Government Argument and
Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall
of Mr. Vokey to Active Duty
>
> He's going to delay issuing
findings AA he has in the past. How can we do a writ petition without
them?
>
> Neal A. Puckett, Esq.
> LtCol, USMC
(Ret)
> Senior Partner
> Puckett & Faraj, PC
>
703.706.9566
> www.puckettfaraj.com
>
> On May 20,
2011, at 10:08, Neal Puckett <neal@puckettfaraj.com> wrote:
>
>
>
> FYI.
>
> Neal A. Puckett, Esq.
> LtCol,
USMC (Ret)
> Senior Partner
>
Puckett & Faraj, PC
> 703.706.9566
>
<http://www.puckettfaraj.com> www.puckettfaraj.com
>
> Begin forwarded message:
>
>
>
> From:
"Jones LtCol David M" < <mailto:david.m.jones5@usmc.mil>
david.m.jones5@usmc.mil>
> Date: May
20, 2011 10:02:08 EDT
> To: "Gannon Maj
Nicholas L" < <mailto:nicholas.gannon@usmc.mil>
nicholas.gannon@usmc.mil>
> Cc: "Neal
Puckett" < <mailto:neal@puckettfaraj.com>
neal@puckettfaraj.com>, "Haytham Faraj" <
<mailto:haytham@puckettfaraj.com> haytham@puckettfaraj.com>,
"Marshall Maj Meridith L" < <mailto:meridith.marshall@usmc.mil>
meridith.marshall@usmc.mil>
> Subject:
RE: Government Argument and Evidence on Defense Motion to Abate
Proceedings Pending Involuntary Recall of Mr. Vokey to Active
Duty
>
>
>
> Counsel,
>
> The Defense
Motion to Abate the Proceedings Until the ACR with Detailed Counsel is
Restored is DENIED.
>
> I have not completed my F of F and C
of Law so I will get that out later. I have had to deal with a
serious family health issue this week and hope to get out the written
justification next week, answering all of the guidance provided by
CAAF.
>
>
But, for planning purposes, the trial is still scheduled for 27
June to 22 July. There will be no more continuances and the case
will go as scheduled unless an appellate court orders a Stay.
>
>
R,
>
>
LtCol David M. Jones
> Military
Judge
> Western Pacific Judicial
Circuit
> Navy-Marine Corps Trial
Judiciary
> Office: 645-7287 /
2156
> Fax: 645-2035
>
From the U.S.: 81-611-745-7287 / 2156
>
>
>
-----Original Message-----
>
From: Gannon Maj Nicholas L
>
Sent: Friday, April 29, 2011 9:55
> To:
Jones LtCol David M
> Cc: Neal Puckett;
Haytham Faraj; Marshall Maj Meridith L
>
Subject: Government Argument and Evidence on Defense Motion to Abate
Proceedings Pending Involuntary Recall of Mr. Vokey to Active
Duty
>
>
Your honor,
>
>
I hope you had a safe trip back to Japan.
Attached is the government's written argument ICO U.S. v. Wuterich.
Please note that I have included several attachments to the
argument. Including two affidavits that are newly obtained
(Ingersoll & Tate). I will ensure that the this new evidence is
marked as the next appellate exhibits in order, and attach them to the
record at our next Article 39a session.
>
> Very respectfully,
>
Maj Gannon
>
>
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