lakin Tag Archives — Page 3 of 9 — Court-Martial Trial Practice Blog

LTC Lakin sitrep

October 9, 2010 | The Law Office of Philip D. Cave

I use Google Chrome for a browser so this wasn’t apparent to me. But Dr. C. at obamaconspiracy.org points out the following:

I have no way of knowing whether LtC Terry Lakin authorized the use of his image to sell tax advice, bridge loans, auto liability insurance, and whatever other advertising attaches itself to his photo over at WorldNetDaily (hover mouse anywhere over the photo at WND for maximum advertising effect). Nonetheless, I think this image, as much as any other, points out how this honorable, but confused, soldier has become the tool of [select a name].

Of course when viewed in MSIE you can see what the doctor ordered.

LTC Lakin

October 7, 2010 | The Law Office of Philip D. Cave

Interesting, someone appears to have received a response to a request for information to APF.

Courtesy of obamaconspiracy.org:

From: Margaret Hemenway
Date: Wed, Oct 6, 2010 at 11:07 AM
Subject: Re: Request from the Safeguard our Constitution Website
To: (——)
(——), LTC Lakin worked with the Foundation over this past wk-end to ensure that our educational efforts continued and there was no disruption even given his retaining new legal counsel- we are making clear that our focus is on strategic communications, his public relations and outreach and mobilization, raising his public visibility over the next few critical weeks with court-martial only weeks away- but we are not providing his legal defense. The most important actions needed now are raising public pressure and awareness of his plight- contacting elected officials on his behalf and spreading the word to others. We are dealing with an entrenched media blockade on his issue and working diligently to surmount it– Thanks for writing- and keep the faith!

LTC Lakin’s change of counsel

October 6, 2010 | The Law Office of Philip D. Cave

Despite the political rhetoric LTC Lakin’s case has given us a number of teaching moments or opportunity to refresh on some basic practice principles.

1. Can LTC Lakin change lawyers at this stage. The answer in this case is probably yes. Although technically Mr. Jensen should submit a motion to be released and the new counsel file a notice of appearance.

2. Can LTC Lakin’s get a delay in the trial. Trial is currently set to begin 3 November 2010. The current docket is dated 6 October 2010. There is some question whether or not Neal Puckett or his other counsel are available because of the Wuterich trial ongoing. Also, there would be an issue of giving them an opportunity to prepare for trial. The answer to a continuance request in this case is probably yes, unless the prosecution can show an extraordinary adverse effect on their case by a delay.

LTC Lakin sitrep – more “huge news”

October 4, 2010 | The Law Office of Philip D. Cave

The APF website is back up!

The American Patriot Foundation is pleased to announce that LTC Lakin has repositioned his forces, has retained new legal counsel, and is extremely grateful that the Foundation will be dedicating the critical next few weeks before his planned court-martial on November 3-5, to focusing entirely on public affairs, strategic communications/messaging and coalition-building and that their support will continue seamlessly as the new attorney prepares for trial. CLICK HERE FOR FULL PRESS RELEASE.

The release partly says:

LTC Lakin sitrep 11

October 2, 2010 | The Law Office of Philip D. Cave

Thanks to RC.

The prior link for LTC Lakin’s special page has gone. When you try to go to that link you get the main page of American Patriot Foundation. Clicking to the current projects link gets you to this:

Safeguard Our Constitution

LTC Lakin writ sitrep

October 2, 2010 | The Law Office of Philip D. Cave

Here is a quote from an item on DMLHS’s Facebook wall.

Guess which of your favorite law firms just became "replacement counsel" on the Lakin case? Going to see what we can salvage.

Looks like LTC Lakin may have reached out to Neal Puckett, a real military law knowledgeable person. Either that or Neal is playing a birthday joke on Dwight.

LTC Lakin Writ sitrep

September 30, 2010 | The Law Office of Philip D. Cave

The Army Court of Criminal Appeals rules are here. As previously indicated there is no “deadline” for the filing of a writ petition in this situation, but once a petition is filed several deadlines and requirements kick in. Like DMLHS I have a request in for a copy of the petition. Note that in Cheney v. United States District Court, 542 U.S. 367 (2004), the equitable doctrine of laches arose and was discussed in regard to a late filing of a petition for mandamus.

Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights[.]

The following Rules are relevant to a writ.

LTC Lakin sitrep

September 29, 2010 | The Law Office of Philip D. Cave

Humor in military lawyering is good. Humor is good. Standby for a comment from DMLHS tonight.

In thinking about why the case would be delayed to 3 November 2010 there were all kinds of ideas floating around, some ideas being of a conspiratorial nature. I had missed the piece noted by Reality Check (thanks!). Anyway, I thought the first place to go would be be docket – but first a digression on the piece of reporting Reality Check caught.

The military judge did delay the start of the trial for a month to give the defense more time to ask the court of appeals for help. (WUSA9 — http://goo.gl/Am1Q)

LTC Lakin sitrep 9

September 28, 2010 | The Law Office of Philip D. Cave

NIMJ was able to send Charlie Fowler to monitor todays Article 39(a), UCMJ, session.

1. Trial is continued until 4 November 2010 from 13 October 2010. Not sure of the reason. It appears Mr. Jensen asked the judge to hold the case “in abeyance” pending resolution of an (untimely?) writ which has been filed with NMCCA. According to Charlie the defense said the reason for the potentially untimely filing was “for reasons I can’t get into right now[.]” Huuuuuuuum, this has resonance. I think I’ll try this one in a couple of weeks. (Note to DMLHS, this citation to authority has to be on the top ten this year.)

2. Unsurprisingly to those familiar with military justice the judge ruled the orders to be legal.

LTC Lakin sitrep 8

September 28, 2010 | The Law Office of Philip D. Cave

WorldNetDaily reports:

Disagreement arose todday among supporters of Lt. Col. Terrence Lakin, the Army doctor facing military court-martial for refusing orders to deploy to Afghanistan after questioning Barack Obama’s constitutional eligibility to be president.

A group of retired military officers organized as the Veterans Council and the United States Patriot Union in Sheridan, Wyo., issued a white paper calling on Lakin’s legal defense team to change strategy.