I am not a member of the NMCCA Bar.
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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From: Puckett Neal
[mailto:neal@puckettfaraj.com]
Sent: Tuesday, September 21, 2010 9:38 AM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Faraj Haytham; Marshall Meridith
Subject: Re: Hutchins type ruling
I am a member. Not sure about my learned co-counsel.
1800 Diagonal Rd,
Suite 210
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On Sep 21, 2010, at 9:36 AM, Sullivan, Dwight H CIV USAF
AFLOA/JAJA wrote:
Let me find a petition for
extraordinary relief that I've filed with the Air Force Court and forward it.
It will help with the lay-out and some of the basic citations.
But there's one crucial difference between Air Force Court practice and NMCCA
practice: all NMCCA submissions have to be filed in Courier or Courier
New 12 point. Are both of you members of the NMCCA bar?
Semper Fi,
Dwight
-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Tuesday, September 21, 2010 9:29 AM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Faraj Haytham; Marshall Meridith
Subject: Re: Hutchins type ruling
Yes, immediately would be our preference, too, as would including a request for
a stay. Would love to have you assist Haytham this week in preparing the
petition, or at least providing some guidance and insight.
Not worthy,
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com
The information contained in this electronic message is confidential, and is
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& Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.
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On Sep 21, 2010, at 8:08 AM, Sullivan, Dwight H CIV USAF AFLOA/JAJA wrote:
For a writ, there's no notice requirement like there is for an Article 62
appeal. Rather, counsel can simply go right to NMCCA and file a petition
for extraordinary relief.
CAAF has a 20-day filing deadline for most petitions for extraordinary relief.
NMCCA doesn't appear to have a filing deadline, but obviously one would
want to file the petition almost immediately.
One of the big issues with petitions for extraordinary relief is trying to
avoid having them moot out. Unless a ruling is delivered well before the
trial, either the military judge will have to grant a continuance (which the
military judge almost never does, since the military judge always thinks his
ruling was right) or the appellate court will have to issue a stay of
proceedings (which it does occasionally).
The vast majority of petitions for extraordinary relief are denied without
prejudice to raise the issue in the normal course of appeals. Once the
CCA rules on the petition for extraordinary relief, the losing party can file a
writ appeal at CAAF within 20 days.
I'll shoot off an e-mail to CAPT LeBlanc now to try to grease the skids --
though I know he's out on jury duty actually sitting as a juror in a medical
malpractice case in D.C.
Semper Fi,
Dwight
-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Monday, September 20, 2010 5:03 PM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Faraj Haytham; Marshall Meridith
Subject: Re: Hutchins type ruling
So what do you think of Judge Sanzy's analysis and ruling? Can you get
yourself detailed to assist soon? We expect a ruling any day now.
I'd like to have something ready to go when Judge Jones rules, unless you
think we have ample time to do it after we find out. We'd like to be
timely with our notice to the MJ. What wickets should we be prepared to
navigate? In other words, please tell us what we need to do upon being
disappointed by his ruling.
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
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,
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& Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.
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On Sep 20, 2010, at 3:33 PM, Sullivan, Dwight H CIV USAF AFLOA/JAJA wrote:
WOW!! I hadn't seen that. Thanks!
A request for a remedy to bring Colby back into the case (or to abate
proceedings until Colby is brought back into the case) would be susceptible to
a petition for writ of mandamus in a way that seeking dismissal as a remedy
would not. In fact, a large percentage of the few petitions for
extraordinary relief that have actually been granted since Clinton v. Goldsmith
have involved interference with counsel issues.
I'll be more than happy to assist in the appellate arena, assuming (as I do)
that the head of Navy-Marine Corps Appellate Defense (CAPT Paul LeBlanc) agrees
to detail me to the case.
Semper Fi,
Dwight
-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Monday, September 20, 2010 2:59 PM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Faraj Haytham; Marshall Meridith
Subject: Hutchins type ruling
Dwight,
Have you seen the ruling in the Hohman (attached below)? Wondering if I
could get your opinion about it's efficacy and comparison with our facts.
Also, Haytham is considering readying an extraordinary writ (mandamus) to
force Judge Jones to follow the Hutchins ruling in granting some form of relief
if he denies our motion. Does such a motion lie in our case? If so,
can you assist with its preparation as our appellate counsel?
S/f,
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com
The information contained in this electronic message is confidential, and is
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the intended recipient of this message, you are hereby notified that any use,
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Begin forwarded message:
From: Haytham Faraj <haytham@puckettfaraj.com>
Date: September 20, 2010 2:23:16 PM EDT
To: "'Puckett Neal'" <neal@puckettfaraj.com>,
"'Marshall Maj Meridith L'" <meridith.marshall@usmc.mil>
Cc: "'Vokey Colby'" <cvokey@fhsulaw.com>
Subject: RE: RE:
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
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the intended recipient of this message, you are hereby notified that any use,
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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
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