Wuterich denial of stay request and request for continuance

Your Honor,

Was handed this attachment late this afternoon. Col Dwight Sullivan reads this as this in two ways. Since you issued your ruling so quickly after our petition was submitted in anticipation of having to wait for a ruling until 2 Nov, the Court is telling us that now that you have the order, we invite you to submit your petition for relief (Ex Writ) from the military judge's denial of the motion for appropriate relief. The original petition for a stay was to allow us enough time to file our petition for extraordinary relief. He believes that the other thing they're telling us is that IF we still want to submit it (now that we have your ruling), they plan to take it up and issue a stay if one is requested, since it will take a bit of time. The usual language when denying such a petition is to tell the petitioner that he is free to raise the issue in the normal course of an appeal, or words to that effect. This language is unique, in his experience. We will have the petition filed by COB tomorrow. We expect that NMCCA will issue a stay either on Friday or on Monday. But in either case, I believe that both the government and the defense would prefer some degree of certainty for planning purposes. For that reason, the defense respectfully requests a continuance until NMCCA has a chance to rule on the petition for extraordinary relief which will be filed tomorrow, and which will request a stay of the proceedings (which NMCCA did not foreclose in the attached order).

Bottom line is that smarter folks than me (read: Dwight Sullivan), say it is inevitable that the court will grant our second (and now ripe) request for a stay AND will grant our petition to consider your ruling.

Will be on the phone in 10 min for better, perhaps more coherent explanation.

V/r,

Neal A. Puckett, Esq

LtCol, USMC (Ret)

Puckett & Faraj, PC

1800 Diagonal Rd, Suite 210

Alexandria, VA 22314

703-706-9566

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