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Unless, of course, someone downloaded the audio of the oral argument from
30 March????
Semper FI,
DHS
In a message dated 5/22/2011 2:42:27 P.M. Eastern Daylight Time,
DHSULLIVAN@aol.com writes:
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
>
>
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