| Copy all. Will be ready at 1930. S/f, 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 Oct 27, 2010, at 9:35 PM, Jones LtCol David M wrote: Mr. Puckett, Thank you for the below explanation. ALL, The golf tournament I was supposed to be in was cancelled due to the typhoon. Therefore, LET'S HAVE OUR 802 Conference AT 0830 MY TIME, SAME TIME AS WE HAD TODAY. As I track that, it is 1630 and 1930 Pacific and Eastern time on Thursday for you. Friday morning for me. Please let me know if this won't work. I will still be arriving in SoCal Saturday evening, ready to go on the record Tuesday morning to give my ruling and discuss anything else we need to resolve. We'll see if we start the trial after that. (I have to go out there for another case anyway). 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: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Thursday, October 28, 2010 8:21 To: Jones LtCol David M Cc: Gannon Maj Nicholas L; Faraj Haytham; Marshall Maj Meridith L Subject: Wuterich denial of stay request and request for continuance Your Honor, Was handed this attachment late this afternoon. Col Dwight Sullivan reads this as this in two ways. Since you issued your ruling so quickly after our petition was submitted in anticipation of having to wait for a ruling until 2 Nov, the Court is telling us that now that you have the order, we invite you to submit your petition for relief (Ex Writ) from the military judge's denial of the motion for appropriate relief. The original petition for a stay was to allow us enough time to file our petition for extraordinary relief. He believes that the other thing they're telling us is that IF we still want to submit it (now that we have your ruling), they plan to take it up and issue a stay if one is requested, since it will take a bit of time. The usual language when denying such a petition is to tell the petitioner that he is free to raise the issue in the normal course of an appeal, or words to that effect. This language is unique, in his experience. We will have the petition filed by COB tomorrow. We expect that NMCCA will issue a stay either on Friday or on Monday. But in either case, I believe that both the government and the defense would prefer some degree of certainty for planning purposes. For that reason, the defense respectfully requests a continuance until NMCCA has a chance to rule on the petition for extraordinary relief which will be filed tomorrow, and which will request a stay of the proceedings (which NMCCA did not foreclose in the attached order). Bottom line is that smarter folks than me (read: Dwight Sullivan), say it is inevitable that the court will grant our second (and now ripe) request for a stay AND will grant our petition to consider your ruling. Will be on the phone in 10 min for better, perhaps more coherent explanation. V/r, 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 703-706-9566 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. |