Free Consultation: (800) 401-1583 Tap Here To Call Us

Articles Tagged with writ of mandamus

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 17, 2010 | The Law Office of Philip D. Cave

This is the 13th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..”

This is the 13th day that LTC Lakin and his team have failed to file a petition for a writ of mandamus or prohibition with the Army Court of Criminal Appeals. (I’m reliably informed that no such petition has been filed as of yesterday.)

1. Delay in filing the writ will not necessarily gain delay in the trial.