[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: 802 debrief



Oorah -- the petition for extraordinary relief will seek a writ of mandamus ordering him to grant appropriate relief for improper severance.  And we'll also ask NMCCA to stay proceedings pending its ruling on the petition.
 
Semper Fi,
Dwight
 
In a message dated 10/27/2010 8:12:42 P.M. Eastern Daylight Time, neal@puckettfaraj.com writes:
Dwight,
I requested a continuance from Jones so that Gov't could turn off their witnesses.  You were copied on the request.
Gannon was non-committal saying he needed to get "authority" from the SJA to either join or oppose a continuance.
Jones got huffy with Gannon and said defense was just trying to help but if he wanted the trial to start on 2 Nov and have it then get stayed on Mon or Tues then the MJ would be happy to oblige.
Bottom line is nothing was decided tonight though Jones thought it a good idea to continue, and Gannon said a week wouldn't help much and that if it was going to be continued it should probably be for quite a long time.  Based on Haytham's and my schedules there is no way we can clear enough docket time before Feb 2011.
We all agreed to reconvene on the phone at 1600 EDT tomorrow (Thurs).  Judge is flying out on Sat and still maintains his ruling isn't his FINAL ruling until he reads it into the record on Tues.  So we're going to do that.  Said he needed time to fine tune it but that he wasn't going to change the ruling itself.
So this all begs the question from we, the uninformed:
What the hell are we asking for?  A Writ of Mandamus telling the MJ to reconsider his ruling in light of a better reading of Hutchins?  What exactly are we seeking?
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.

=