| 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 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. Begin forwarded message: From: "Jones LtCol David M" <david.m.jones5@usmc.mil> Date: October 26, 2010 6:46:28 PM 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>, "Rubin LtCol Peter R" <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 From the U.S.: 81-611-745-7287 / 2156 |
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Wuterich - FoF for Counsel Motion.doc
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