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RE: WUTERICH UPDATE AND QUESTION
That is awesome!!!! Thanks so much!!!
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: Haytham [mailto:haytham@puckettfaraj.com]
Sent: Monday, May 23, 2011 3:50 PM
To: DHSULLIVAN@aol.com
Cc: neal@puckettfaraj.com; Sullivan, Dwight H CIV USAF AFLOA/JAJA; babu_kaza@hotmail.com; meridith.marshall@usmc.mil
Subject: Re: WUTERICH UPDATE AND QUESTION
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
On May 22, 2011, at 12:42 PM, DHSULLIVAN@aol.com wrote:
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
In a message dated 5/20/2011 10:25:26 A.M. Eastern Daylight Time, neal@puckettfaraj.com writes:
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
>
>