Lt Upham v. Capt J W Rolph

CORRECTED VERSION IN ACCORDANCE WITH THIS COURT’S ORDER ISSUED DECEMBER 2004 IN THE UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS

Christopher M. UPHAM, 8 December 2004 Lieutenant (O-3), U.S. Coast Guard, Petitioner, PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF MANDAMUS; APPLICATION FOR AN EMERGENCY STAY OF PROCEEDINGS; AND REQUEST FOR v. APPOINTMENT OF APPELLATE DEFENSE COUNSEL FILED WITH THIS COURT ON 8 DECEMBER 2004 John W. ROLPH, Military Judge, Captain (O-6), JAGC, U.S. Navy, MISC. DOCKET N0. 001-05 Respondent ORDER – PANEL TEN

Petitioner, who is undergoing trial by a general court-martial composed of members, has filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of mandamus. He seeks an emergency order staying proceedings in his trial until this Court rules on the substantive issues raised in his petition for a writ of mandamus requiring the military judge to properly instruct the members with respect to the offense of assault by means likely to result in death or grievous bodily injury and to allow Petitioner to withdraw from a stipulation of fact. Petitioner also moves this Court to have appellate counsel appointed to represent him. In a separate filing, Petitioner moves this Court to attach documents to his petition for extraordinary relief that constitute instructions to the members issued by the military judge. It is, by the Court, this 8th day of December 2004,

ORDERED:

That the Motion to Attach Documents is hereby granted; that the application for an emergency stay of proceedings, and the request to have appellate counsel appointed are hereby CORRECTED VERSION IN ACCORDANCE WITH THIS COURT’S ORDER ISSUED DECEMBER 2004 denied, and the Petition for Extraordinary Relief is dismissed without prejudice to Petitioner’s right to raise the issues therein in the course of normal review, under the Uniform Code of Military Justice.

For the Court,

Roy Shannon Jr. Clerk of the Court

Copy: Chief, Office of Military Justice Appellate Government Counsel Appellate Defense Counsel