And Sullivan says case law says you don't have to pursue futile COAs. Neal A. Puckett LtCol, USMC (Ret) Puckett & Faraj, PC 703.706.9566
Sent from my iPhone
We didnât lose yet Colby. I am not sure where he got
his facts from either. You clearly testified that you requested
extensions until you were TOLD no more would be granted. We clearly
testified that we DID go through our chain of command which is different than
the LSSS. Iâve never heard of an officer using another chain of
command to address an administrative matter. But thatâs what Jones
expected us to do, in hind sight.
From: Colby Vokey
[mailto:cvokey@fhsulaw.com]
Sent: Wednesday, October 27, 2010 1:38 AM
To: Puckett Neal
Cc: Faraj Haytham; Marshall Meridith; Trujillo Radar
Subject: Re: Jones's ruling on Hutchins motion
Well, this what I was afraid of. The fact that we continued
to represent Frank after we retired. He does misstate a few things though such as
the part where he says that I stopped requesting extensions of retirement.
Dont know where he got that.
Well, we gambled and lost. It's up to you all now. Don't let
Frank go down.
Colby
Sent from my iPhone
Colby,
FYI. Motion denied. He denied it in an email on
Friday and finally got his opinion out. Yesterday we filed a petition to
stay the proceedings until the judge ruled and we had time to file an ex writ
to reverse him. We're going to court on 2 Nov unless stayed by NMCCA.
Ironically and before this ruling came out, the gov't joined in a request
for a stay.
Neal
1800 Diagonal Rd,
Suite 210
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Date:
October
26, 2010 6:46:28 PM EDT
Subject:
RE: Update on UCI Motion
Counsel,
Findings of Fact and Conclusions of Law are not official until they are read
into the record of trial, and can further be added to / changed at any time
prior to authentication for accuracy. However, for your planning
purposes, and in light of the Stay filed by the defense, I am attaching a
"rough" of my ruling for your assistance. I anticipate going to
trial next Tuesday, the 2nd of November. I expect all parties to be there
unless the Stay that has been granted.
Major Gannon, please set up an 802 for this case for. I understand from
Judge Rubin that Mr. Faraj has scheduled Brito and Vega to go next week.
I would like to know why.
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
<Wuterich - FoF for Counsel Motion.doc>
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