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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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