IN THE UNITED STATES ARMY
COURT OF CRIMINAL APPEALS
TAKIN, TERRENCE b.,
LTC, U.S. Army,
PETITION FOR EXTRAORDINARY
RELIEF IN THE NATURE OF A WRIT
OF MANDAMUS AND APPLICATION
Petitioner, FOR A STAY OF PROCEEDINGS
COL. DENISE R. LIND, Military
Judge,
the UNITED STATES ARMY, and
the UNITED STATES,
Army Misc. Dkt. No. 20100778
Respondents.
TO THE HONORABLE, THE JUDGES OF THE UNITED STATES
ARMY COURT OF CRIMINAL APPEALS
Petition
COMES NOW the undersigned defense counsel, on behalf of
Petitioner and pursuant to Rules 2(b) and 20 of this Court's
Rules of Practice and Procedure, and requests that the Honorable
Court grant extraordinary relief in the nature of a Writ of
Mandamus to order the Military Judge to vacate her order of 2
September 2010 denying the Motions of Petitioner for discovery,
and to enter a new and different order granting said motions
Petitioner also applies for a stay of all proceedings below
pending disposition in this Court of this Petition.
Why a Writ is Appropriate
This Court should not allow this case to proceed to trial
without the discovery so essential to the defense’s presentationof its case. Accordingly, the Petitioner respectfully submits
that this relief is so essential that this Court should stay all
proceedings below and issue a Writ to order the military judge to
grant the motion and request for deposition at issue so the
defendant can have compulsory process to produce evidence
absolutely essential to his defense
This application presents important constitutional questions
of first impression and the relief sought cannot be obtained
during the ordinary course of appellate review precisely because
the relief sought pertains to Petitioner’s constitutional right
to have compulsory process to produce critical evidence at trial.
Dated: 27 Sept 2010 Respectfully submitted,
PAUL ROLF JENSEN
Civilian Deféefise Counsel
JENSEN & ASSOCIATES, APC, Trial Lawyers
650 Town Center Drive, 12% Floor
Costa Mesa, California 92626
(714) 662-5528 voice
(714) 708-2321 fax
prj@jensenlawyers.comCertificate of Service
I certify that a copy of the foregoing was delivered by email on
September 27, 2010 to the following:
COL DENISE LIND, Military Judge
CPT PHIL O'BEIRNE, Trial Counsel
CPT JONATHAN KOBRINSKI, Trial Counsel
I further certify that a copy of the foregoing was delivered by
mail on September 27, 2010 to: United States Army, Government
Appellate Division, 901 N. Stewart Street,. Room 330 A,
Arlington, VA 22203.
hat ba :
PAUL ROLF JENSEN
Civilian Defense Counsel