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Re: Government Argument and Evidence on Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey to Active Duty
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
>
>