| More wisdom from the Oracle. Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 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. Begin forwarded message: From: dhsullivan@aol.com Date: December 23, 2010 11:03:12 AM EST Subject: Re: Wuterich Order Neal,
The great unknown to us, but not CAAF, is Hutchins. Obviously CAAF knows how Hutchins is going to come out. I've got to think that the fact that CAAF chose to keep the Wuterich writ/writ appeal alive suggests that CAAF thinks Hutchins might provide some benefit to Wuterich. Maybe not -- maybe CAAF just thought NMCCA's procedural handling of the writ was screwed up so CAAF is slapping NMCCA's hand by making it do the case again over the holidays.
The normal odds of success for a CAAF writ or writ appeal is literally less than 1%. If I were a betting man, I'd say our odds are now probably somewhere between 1-0 and 20% -- still not great, but we're in the game and CAAF seems to be taking it seriously. Just getting CAAF to reach the merits is the biggest hurdle, and it at least looks like we've cleared that.
I've also got to think that we have something of an ally in Judge Ryan, since she had previously predicted that the delay in the case from the Article 62 appeal would screw the defense by interfering with Wuterich's attorney-client relationships. And, what do you know, that occurred. It's always nice when one of the judges is in a position to tell her colleagues "I told you so" in a manner that helps the defense. :-)
Semper Fi,
Dwight
From: Puckett Neal <neal@puckettfaraj.com> To: DHSULLIVAN@aol.com Sent: Thu, Dec 23, 2010 10:57 am Subject: Re: Wuterich Order Thanks, Dwight! Italy was fine, though I didn't get out for some sightseeing like I had hoped because I was able to move up my departure and get home earlier.
= Weather was nice and the view of Mt. Aetna was breathtaking.
Any prognostication on whether CAAF will deign to reverse NMCCA's reinforced denial of our petition? Put another way, do we have a case?
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
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.
On Dec 23, 2010, at 10:22 AM, DHSULLIVAN@aol.com wrote:
Neal -- I strongly, strongly suspect that CAAF will decide the case before 24 Jan. I think they gave NMCCA that short deadline with a view to turning it around before 24 Jan. If we win, that will derail the trial. If not, I think they'll announce that before the trial commences.
Because it appears that CAAF will try to decide this before trial, it strikes me as unlikely that they'll order another round of briefing or oral argument.
But the fact that they did this is BIG. CAAF summarily denies almost every writ appeal it receives. So CAAF has already signaled what we thought -- that the subject of interference with the attorney-client relationship is an appropriate one for extraordinary relief. It's also interesting that NMCCA gave the government only a week to prepare and authenticate the ROT -- especially since that week includes Christmas and the military judge is in Okinawa.
How's Italy?
Semper Fi,
Dwight
From: Puckett Neal <neal@puckettfaraj.com> To: Sullivan, Dwight H CIV USAF AFLOA/JAJA <Dwight.Sullivan@pentagon.af.mil> Cc: Sullivan Dwight <DHSULLIVAN@aol.com> Sent: Thu, Dec 23, 2010 10:13 am Subject: Re: Wuterich Order Dwight,
= Can you read the tea leaves here? So let's say the NMCCA ruling denying our petition in detail arrives at CAAF by 10 Jan. What CAAF process follows? Will they ask for briefs from both sides? Will there be oral argument? The alligator closest to the boat is: will there be delay affecting the 24 Jan trial date?
S/f,
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
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.
On Dec 20, 2010, at 12:51 PM, Sullivan, Dwight H CIV USAF AFLOA/JAJA wrote:
WOW!!!!
-----Original Message----- From: Troidl, Robert H CIV OJAG, CODE 51 [mailto:robert.troidl@navy.mil] Sent: Monday, December 20, 2010 12:33 PM To: Jones, David ; Sullivan, Dwight H CIV USAF AFLOA/JAJA; Keller, Brian K Mr. NAMARA, CODE 46; O'Toole, Daniel E CAPT OJAG; Mackenzie Bruce W CAPT NAVY MARINE CORPS, TRIAL JUDICIARY Subject: Wuterich Order Order issued in subject case 20 Dec 2010. R.H. Troidl Clerk of Court FOR OFFICIAL USE ONLY-PRIVACY SENSITIVE** This e-mail, including any attachments, may contain information that requires protection from unauthorized disclosure. Do not disseminate this e-mail, or its contents, to anyone who does not have an official need for access. Any misuse or unauthorized disclosure can result in both civil and criminal penalties. <WUTERICH ORDER.PDF> |