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 presentationof 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.comCertificate 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