Re: My Hutchins motion

["Joseph H. Low IV" <jhlowiv@aol.com>]

If he does you will have u.s.supreme case law military court case law and local court case law.  Should be a slam dunk.

Haytham Faraj <haytham@puckettfaraj.com> wrote:

>The strongest argument is within the law.  It's almost mathematical.  RCM
>506a provides an absolute right to "detailed" AND "civilian counsel"  RCM
>505(d)(2)(B) states that once AC forms it cannot be severed except for good
>cause.  U.S. v. Baca defines good cause as extraordinary circumstances.
>U.S. v. Hutchins says are you fucking kidding me?  You really want to me to
>believe that EAS is an extraordinary circumstance?  EAS is a very common
>occurrence and therefore not an extraordinary circumstance.  AC cannot be
>severed by mere departure from the military.  I think that is the strongest
>argument available and one that can only be remedied by a dismissal of the
>charges.  U.S. v. Lewis calls for dismissal because when the government
>improperly achieves an unlawful objective -removal of an effective counsel
>would be improper- the only remedy is dismissal.
>
> 
>
>Enjoy!
>
> 
>
>Haytham Faraj, Esq.
>
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