Thoms v. Tousley Ext Writ Order

IN THE UNITED STATES COAST GUARD COURT OF CRIMINAL APPEALS

David R. THOMS 27 January 2012 Seaman (E-3) U.S. Coast Guard, Petitioner, PETITION FOR EXTRAORDINARY RELIEF IN THE FORM OF A WRIT OF MANDAMUS; APPLICATION FOR AN EMERGENCY STAY OF v. PROCEEDINGS; MOTION FOR APPOINTMENT OF APPELLATE COUNSEL; AND MOTION TO ATTACH, FILED 24 JANUARY 2012 CAPT Michael E. TOUSLEY, USCG Military Judge MISC. DOCKET N0. 003-12 and United States of America, Respondents ORDER – PANEL SIX

Petitioner, who is undergoing trial by court-martial, has filed a petition for extraordinary relief styled as a request for relief in the nature of a writ of mandamus. He seeks a stay of proceedings pending further action by this Court. He seeks a writ of mandamus directing the military judge to compel the Government to produce Petitioner’s expert at trial. Petitioner also moves for the appointment of appellate counsel. It is, by the Court, this 27th day of January, 2012,

ORDERED:

That Petitioner’s Motion to Attach be, and the same is, hereby granted; that the application for an emergency stay of proceedings and the motion for appointment of appellate counsel are hereby denied; and that 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,

Andrew R. Alder Deputy Clerk of the Court

Copy: Chief, Office of Military Justice Chief, Legal and Defense Services