Gentlemen, Below is a link to the Villareal case cited by the TC in the wrongful withdrawal motion. The dissents are most interesting. At the time of the case, 1999, Judge (now Chief Judge) Effron and J. Sullivan dissented on the grounds that UCI was one of the most despicable things in military justice and that the appellant had raised the issue sufficiently. J. Sullivan is now retired, along with the 3 judges in the majority opinion (C.J. Cox, JJ. Crawford and Gierke). I don't know the personalities of the new court (see second link), but the fact that C.J. Effron is now at the helm is mildly significant. I know J. Crawford was very conservative and government oriented and I believe C.J. Cox was too, if I'm not mistaken. I don't know if the same decision would be made by the present court. Also, the UCI in Villareal wasn't as profound and widespread as in my case. http://www.armfor.uscourts.gov/opinions/1999Term/98-0200.htm (Villareal case) http://www.armfor.uscourts.gov/Judges.htm (CAAF Judges) S/F Doug Douglas S. Wacker Captain, USMC Future Operations Officer MWHS-3, 3D MAW douglas.wacker@usmc.mil Wk: 858-577-6730 DSN: 267-6730 Cell: 858-401-9392 "Don't tell people how to do things, tell them what to do and let them surprise you with their results." ~George S. Patton -----Original Message----- From: Hur Capt Christian P Sent: Friday, January 14, 2011 9:57 To: Wacker Capt Douglas S Subject: FW: US v Wacker- gov resp def re-referral mot FYI -----Original Message----- From: Hur Capt Christian P Sent: Friday, January 14, 2011 9:49 To: Hatch MAJ Douglas C Subject: FW: US v Wacker- gov resp def re-referral mot Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Day Capt Evan S Sent: Friday, January 14, 2011 8:59 To: Jones LtCol David M Cc: Hur Capt Christian P; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean; Hatch MAJ Douglas C; Grisalesmery Cpl Alejandro Subject: US v Wacker- gov resp def re-referral mot Good Morning Sir, Please find attached the government's response to the subject motion, with enclosures. Very Respectfully, Captain Evan S. Day Judge Advocate Joint Law Center 3D MAW/MCAS Miramar P.O. Box 452013 San Diego, CA 92145-2013 Comm: (858) 577-1862 DSN: 267-1862 evan.s.day@usmc.mil Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message.
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