| Dude, There's some good stuff in here. How about the fact that it's error for a MJ to allow the case to continue once the ACR has been severed with detailed counsel? He's abating the proceedings even with the understanding the Govt may not be able to solve the problem of getting Muth back "on the defense team." Should we rely on Jones having access to this already? Will he distinguish it because our situation is markedly different? Sanzi did a prejudice analysis. Does that make us dead in the water since H is still on the case and Colby left due to conflict? Again, I'd argue that like Muth taking a civilian job he's unwilling to leave to come back on active duty, Colby took a civilian job that, rather than rendering him unwilling to help, it rendered him conflicted and unable, vice unwilling, to return to active duty and help. On balance, it seems to strengthen rather than weaken our case. Let's all take a good read of the opinion (just completed mine) and recommend whether we should shoot this to Jones (and all parties, of course) as "additional case law" to be considered. 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. On Sep 20, 2010, at 2:23 PM, Haytham Faraj wrote: 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 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. From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Monday, September 20, 2010 11:59 AM To: Marshall Maj Meridith L Cc: Faraj Haytham; Vokey Colby Subject: Re: RE: Thanks, Meridith. Would love to read the ruling. Don't think we have it. Perhaps we should get it to Jones as an additional submission. Depends on what it says. 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. On Sep 20, 2010, at 11:46 AM, Marshall Maj Meridith L wrote: Gents, |