Haytham, I hope your made it in to San Diego safely. Attached is some legal research that I conducted today, on the improper severance of ACR issue and loss of counsel. I am still researching the interlocutory appeal aspect without much luck, U.S. v. Hutchins seems to be the only case that is coming up on the majority of my searches. Please let me know if this helps and if I am on the right track. Thanks, Bethany -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Wednesday, September 29, 2010 5:52 To: Trujillo Sgt Bethany N Cc: 'Neal Puckett' Subject: Research assignment Hi Bethany, I plan to file an appeal to challenge the judge's decision denying our motion -if that's what he does. One of the challenges for the defense, unlike the Government, is appealing a decision in the middle of a case. We normally have to wait until after the case is over to file an appeal. Sometimes in extraordinary circumstances, the defense is allowed to file an appeal in the middle of a case. They are appropriately called "extraordinary appeals." I would like you do some research for me on the how I can convince the court to accept the appeal. The issue to be researched will be: Whether an accused who alleges an improper severance of the attorney client relationship with his detailed defense counsel, without good cause, has grounds to challenge the loss of counsel in an interlocutory appeal? This is not a question about whether the issue of the loss of counsel should be fixed but whether he has right to ask the appellate court to fix it before he goes to trial. I recommend the following search terms: "Loss of counsel" and improper w/s severance and "good cause" and interlocutory OR "all writs act" and appeal. I would initially limit the search to military courts. If there isn't much I would expand it to all federal circuits. Feel free to call with questions. I fly in this afternoon for hearings in other cases on Thursday and Friday. I'll be at the condo. Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone DETROIT METRO 6200 Schaefer Road Suite 202 Dearborn, MI 48126 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com <http://www.puckettfaraj.com/> 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.
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