Can we talk about the strategy for the 802 tomorrow? I'd like to brainstorm and map out our position - what to provide notice of, etc.
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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On Apr 7, 2011, at 10:37 AM, Haytham wrote: Agreed. We'll deal with these issues after we file. John Ewers called me to tell me that they're taking the Smith matters seriously and are waiting on Jones' findings. Haytham Faraj Sent from my iPhone
Pretty good ideas, don't you think?
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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Begin forwarded message: Date: April 6, 2011 5:13:25 PM EDT
Subject: RE: Wuterich counsel motion
Regarding the original question, on pages 15, 18 and 19 of his ruling LtCol Jones indicated that he would grant any necessary defense continuances. And Neal had mentioned that you already have alternate trial dates for September. In addition to what Col Sullivan mentioned below, you could always request a continuance now for the September trial dates. From what you have said, Vokey was a major part of your case and has not been replaced. So if Vokey doesn't come back, once you know that for certain you will need time to prepare for trial. Or if Vokey does come back, there needs to be time to generate his orders and for him to come back on active duty and get in rhythm. Either way, the defense team will not be ready to go before September and you can state that in your motion. That would also help with any harmless error arguments on appeal. From the CAAF Hutchins decision, it seems like they would have found prejudice if the defense would have just said that they needed more time to recover from losing Bass, and then the Court did not give it to them.
To: haytham@puckettfaraj.comSubject: Re: Wuterich counsel motion Date: Wed, 6 Apr 2011 08:32:48 -0400 From: dhsullivan@aol.comCC: babu_kaza@hotmail.com; neal@puckettfaraj.com; kirk.sripinyo@navy.milCAAF doesn't prepare transcripts of oral argument. I'd just listen to the argument and type out any helpful statements I wanted, referencing the time in the argument when the comment was made. (Comments from oral arguments are sometimes quoted in briefs and that's generally how it's done.) Audio of the argument is available here: Semper Fi,
DHS
-----Original Message----- From: Haytham < haytham@puckettfaraj.com> To: dhsullivan@aol.com < dhsullivan@aol.com> Cc: babu_kaza@hotmail.com < babu_kaza@hotmail.com>; neal@puckettfaraj.com < neal@puckettfaraj.com>; kirk.sripinyo@navy.mil < kirk.sripinyo@navy.mil> Sent: Wed, Apr 6, 2011 8:29 am Subject: Re: Wuterich counsel motion Does the court prepare a transcript of the oral argument? Ad how can I obtain one? Haytham Faraj Sent from my iPhone Haytham -- the short answer is YES!!! If the military judge kicks off the trial, it will be difficult to get a court to issue a stay. If there's no stay, there's probably no petition for extraordinary relief. Here are some thoughts about how to approach this to heighten the likelihood of being able to effectively litigate another petition for extraordinary relief on the continuity of counsel issue in the likely event that Jones rules against the defense again. There were some great quotes from the judges at oral argument about how there was already basically built-in error in this case. I would pull some of those out and file a separate motion quoting those and asking for a ruling by X date in order to allow the defense sufficient time to file a petition for extraordinary relief if the motion to abate is denied. Then if the military judge denies or -- more likely -- fails to act on the motion for decision by X date in a timely manner, we can file a petition for a writ of mandamus with the appellate courts asking them to make him rule on that. (I say "we" -- I'd love to work on any appellate issues that arise if you all want me to, though I'd probably have to be redetailed to any new appellate proceeding; I don't think there would be any difficult in arranging such a redetailing.) Semper Fi,
DHS
-----Original Message----- From: Haytham Faraj < haytham@puckettfaraj.com> To: babu_kaza@hotmail.comCc: 'Puckett Neal' < neal@puckettfaraj.com>; dhsullivan@aol.comSent: Wed, Apr 6, 2011 5:41 am Subject: Wuterich counsel motion Babu, I intended to rework the motion today but I have some other matters I need to tend to today and tomorrow. I plan to work on it this weekend and to have something to you by Monday for your input. We have an 802 with the judge on Friday. I plan on notifying him that we will be refilling the motion and asking the Government for the witnesses we want to call on the motion. We are going to ask for a June 6, 39a. This judge is notorious for not issuing rulings until a trial begins at which time he will deny the motion and call the members in to start the trial. Is there any reason for concern that if he does that we will lose the opportunity to refile our writ? s/f Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC P.O. Box 1016 Dearborn Heights, MI 48127 313-457-1390 Phone 202-280-1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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