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RE: Hutchins type ruling
Wilco.
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
_______________________
WASHINGTON DC METRO
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
703-706-0442 Phone
DETROIT METRO
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Suite 202
Dearborn, MI 48126
313-457-1390 Phone
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www.puckettfaraj.com
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-----Original Message-----
From: Sullivan, Dwight H CIV USAF AFLOA/JAJA
[mailto:Dwight.Sullivan@pentagon.af.mil]
Sent: Tuesday, September 21, 2010 9:51 AM
To: Haytham Faraj; 'Puckett Neal'
Cc: 'Marshall Meridith'
Subject: RE: Hutchins type ruling
You should submit an application. (Even if you're not a member of the
court's bar, you can be on papers there as long as you either apply for
admission or move to appear pro hac vice withint 30 days. But moving for
admission immediately would simplify matters. Then a filing can simply
indicate that your application for admission is pending.)
Here's a link to the NMCCA rules:
http://www.jag.navy.mil/courts/documents/NMCCA%20Rules%202010.pdf
Rule 8.1 covers admission to the Bar:
Rule 8.1. Administrative Requirements
(a) Admission to the Court's Bar
(1) Active duty Navy and Marine Corps judge advocates, and Reserve
Navy and Marine Corps judge advocates assigned to a Reserve unit supporting
either the Appellate Defense Division or Appellate Government Division of
NAMARA, will be admitted to the Court's Bar by the Clerk of Court upon
request, after confirmation of qualifications and the taking of an oath or
affirmation (see Rules 8.2 (a) and (c) below).
(2) All other counsel must complete and file an application (Appendix B)
for admission with the Clerk of Court. Along with the completed application,
applicants must submit an original proof of good standing certification in a
qualifying bar dated within one year of the application, and take an oath or
affirmation (see Rules 8.2 (a) and (c) below) prior to admission to the
Court's bar.
(b) Application. An electronic copy of the application for admission
(Appendix B) appears, along with these rules, on the Court's website
(www.jag.navy.mil; click on "Courts"; click on "NMCCA"; click on NMCCA
Rules of Practice and Procedure). Upon request, the Clerk of Court will send
civilian counsel a copy of the application with appropriate instructions,
and a copy
of the Court's rules.
Rule 8.2. Admission Procedures
(a) Requests for Admission to the Bar
(1) Active duty Navy and Marine Corps judge advocates and Reserve Navy
and Marine Corps judge advocates assigned to a Reserve unit supporting
either the
Appellate Defense Division or Appellate Government Division of NAMARA may
submit their request verbally or in written form to the Clerk of Court.
(2) All other qualified counsel must submit a written application to:
Clerk of Court
Navy-Marine Corps Court of Criminal Appeals
1254 Charles Morris Street SE, Suite 320
Washington Navy Yard, D.C. 20374-5124
18
(b) Fee. There is no fee for admission to the Bar.
(c) Oath or Affirmation. The Chief Judge, a senior judge, the Senior
Law Clerk, or the Clerk of Court will administer the below oath or
affirmation to active duty and Reserve Component Navy and Marine Corps
appellate counsel detailed in accordance with Article 70(a), UCMJ. In the
case of all other active duty Navy and Marine Corps judge advocates, in
addition to the above officials, the applicant may subscribe and take the
oath or affirmation before his/her commanding officer or staff judge
advocate. All other counsel will subscribe and take the below oath or
affirmation upon request of the Clerk of Court.
I,_______, do solemnly (swear)(affirm) that I will
support the Constitution of the United States, and that I
will conduct myself as an attorney and counselor of this
Court uprightly and according to law.
(d) Register. The Clerk of Court will maintain a Roll of Attorneys listing
those admitted to practice before the Court.
(e) Certificate of Admission. Upon admission, the Clerk of Court shall
issue a Certificate of Admission.
In looking at the NMCCA website, I don't see the electronic version of
Appendix B to which the NMCCA Rules refer.
Semper Fi,
Dwight
-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Tuesday, September 21, 2010 9:42 AM
To: 'Puckett Neal'; Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: 'Marshall Meridith'
Subject: RE: Hutchins type ruling
I am not a member of the NMCCA Bar.
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
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: 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.
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, 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
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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
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
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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, 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 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
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
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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
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.