Re: Jones's ruling on Hutchins motion

[Colby Vokey <cvokey@fhsulaw.com>]

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

On Oct 26, 2010, at 18:53, "Puckett Neal" <neal@puckettfaraj.com<mailto:neal@puckettfaraj.com>> wrote:

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
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
<http://www.puckettfaraj.com>www.puckettfaraj.com<http://www.puckettfaraj.com>

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Begin forwarded message:

From: "Jones LtCol David M" <<mailto:david.m.jones5@usmc.mil>david.m.jones5@usmc.mil<mailto:david.m.jones5@usmc.mil>>
Date: October 26, 2010 6:46:28 PM EDT
To: "Gannon Maj Nicholas L" <<mailto:nicholas.gannon@usmc.mil>nicholas.gannon@usmc.mil<mailto:nicholas.gannon@usmc.mil>>, "Haytham Faraj" <<mailto:haytham@puckettfaraj.com>haytham@puckettfaraj.com<mailto:haytham@puckettfaraj.com>>
Cc: "Neal Puckett" <<mailto:neal@puckettfaraj.com>neal@puckettfaraj.com<mailto:neal@puckettfaraj.com>>, "Marshall Maj Meridith L" <<mailto:meridith.marshall@usmc.mil>meridith.marshall@usmc.mil<mailto:meridith.marshall@usmc.mil>>, "Brower Capt Matthew R" <<mailto:matthew.r.brower@usmc.mil>matthew.r.brower@usmc.mil<mailto:matthew.r.brower@usmc.mil>>, "Rubin LtCol Peter R" <<mailto:peter.rubin@usmc.mil>peter.rubin@usmc.mil<mailto:peter.rubin@usmc.mil>>
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