There was to be a court hearing on the Terry Lakin case today. Anyone have any information on it?
The last word I heard was that his defense team had filed a Petition for a Writ of Mandamus yesterday with the Army Court of Criminal Appeals.
"A writ of mandamus or mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".[1]
Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation orpublic authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.[2] It cannot be issued to compel an authority to do something against statutory provision.
Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it…" Wikipedia
My guess is they asked the higher court to order the trial court to one drop charges and if they do not order the lower court to drop the case then they are asking that the higher court order the lower court to allow Terry Lakin to order the President of the United States to appear in court with his birth certificate or something along those lines.
Of course the defense team of Terry Lakin are playing games. Why file the day before the court date? They had months to file.
They know that the higher court will then have to delay the court date while the higher court studies the matter.
I think the Army has offered a deal to Terry Lakin. Admit your crime and avoid going to jail. I think the deal is off the table when the court case starts. I think Terry Lakin has told his defense team that he is going to take the deal before he has to walk into that court room and leave their in chains.
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