RE: Ruling on Motion

["Sullivan, Dwight H CIV USAF AFLOA/JAJA" <Dwight.Sullivan@pentagon.af.mil>]

Here's the NMCCA language I was thinking of:

We appreciate the military judge's efforts to keep this case moving along, and understand his use of e-mail to aid him in that effort. However, we caution all military judges that they must make all rulings of the court a part of the record, including factual issues involved in determining a motion. See R.C.M. 905(d). We will only give deference to the military judge's ruling when he or she indicates on the record an accurate understanding of the law and its application to the relevant facts. United States v. Briggs, 64 M.J. 285, 287 (C.A.A.F.2007)(citing United States v. Downing, 56 M.J. 419, 422 (C.A.A.F.2002)).

United States v. Wheeler, 66 M.J. 590, 593 n.5 (N-M. Ct. Crim. App. 2008).

Semper Fi,
Dwight

-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com] 
Sent: Friday, October 22, 2010 6:21 AM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Faraj Haytham; Marshall Meridith; Trujillo Radar
Subject: Fwd: Ruling on Motion

Dwight,
Don't think NMCCA can do much with an email.

Advice?  
My guess is: 
1:  Respectfully request he issue is written ruling immediately or ASAP  
2:  Request a continuance thereafter for the writ

It's now a relaxing Fri evening for Judge Jones.  He's waited many weeks just to tell us he'll tell us at trial.  
Now we have to engage in rectal BASE jumping?

S/f,
Neal

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


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Begin forwarded message:

From: "Jones LtCol David M" <david.m.jones5@usmc.mil>

Date: October 22, 2010 5:28:16 AM EDT

To: "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil>, "Haytham Faraj" <haytham@puckettfaraj.com>

Cc: "Neal Puckett" <neal@puckettfaraj.com>, "Marshall Maj Meridith L" <meridith.marshall@usmc.mil>, "Brower Capt Matthew R" <matthew.r.brower@usmc.mil>

Subject: RE: Ruling on Motion


Counsel,

The Defense motion seeking relief based on the violation of right to detailed counsel is DENIED.  I will put the Ruling on the record when we meet for court on the morning of 2 November.

R,  

LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035