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The internets

August 29, 2010 | The Law Office of Philip D. Cave

Two items relevant to the internet, privacy, and the Fourth Amendment. Orwell would be . . .

Orin S. Kerr, Applying the Fourth Amendment to the Internet: A General Approach, 62(4) STANFORD L. REV. 1005 (2010).

This Article proposes a general approach to applying the Fourth Amendment to the Internet. It assumes that courts will try to apply the Fourth Amendment to the Internet so that the Fourth Amendment has the same basic function online that it has offline. The Article reaches two major conclusions. First, Fourth Amendment protections online should depend on whether the data is content or non-content information. The contents of communications, like e-mail and remotely stored files, ordinarily should be protected. On the other hand, non-content information, such as IP addresses and e-mail addresses, ordinarily should not be protected. Second, courts should ordinarily require a search warrant if the government seeks to obtain the contents of protected Internet communications. Further, the scope of warrants should be based on individual users rather than individual accounts.

New ACCA case

August 29, 2010 | The Law Office of Philip D. Cave

ACCA has released an unpublished opinion in United States v. Delagarza. It’s an odd case.

A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of violating a general order, false official statement, and two specifications of larceny (from his fellow soldiers), in violation of Articles 92, 107, and 121, Uniform Code of Military Justice, 10 U.S.C. §§ 892, 907, and 921 [hereinafter UCMJ]. The military judge sentenced appellant to a bad-conduct discharge, confinement for eighteen months, and reduction to the grade of E-1. The military judge further recommended that only twelve months of confinement be approved, if appellant made full restitution. The convening authority, as an act of clemency, limited confinement to fifteen months, and otherwise approved the adjudged sentence.

In his brief, appellant raises one assignment of error, post-trial ineffective assistance of counsel, which warrants discussion, but no relief. (Emphasis added.)

Ramrod Five update 5

August 26, 2010 | The Law Office of Philip D. Cave

According to the Olympian:

A total of 12 soldiers from Joint Base Lewis-McChord face charges in a widening web of alleged misdeeds and conspiracy from their yearlong deployment to Afghanistan. . . .

The seven new defendants were charged this month with 33 charges, with the common thread being conspiracy to commit assault. It was not clear Wednesday who was the target of their alleged assault, although five of them are also charged with striking a fellow soldier.

Ramrod Five update 4

August 25, 2010 | The Law Office of Philip D. Cave

Military.com reports:

Last December, Army Staff Sgt. Calvin Gibbs began joking with other Soldiers about how easy it would be to “toss a grenade” at Afghan civilians and kill them, according to statements made by fellow platoon members to military investigators. . . .

The Seattle Times has reviewed court documents — filed by a defense attorney with a U.S. Army magistrate — that summarize some of the evidence in the case. The Times also has interviewed attorneys for three of the defendants. The documents give new insight into how the murder plot may have evolved, but they give few clues about motives.

Davila case all but over

August 24, 2010 | The Law Office of Philip D. Cave

KOMONews.com reports that:

The Army specialist who admits she murdered a Pierce County couple then kidnapped their baby two years ago will spend the rest of her life behind bars without the possibility of parole.

In the conclusion to the court martial of Specialist Ivette Davila, military judge Colonel Stephen R. Henley also reduced Davila’s rank, took away all pay and allowances, and gave her a dishonorable discharge from the Army.

Davila update 2

August 23, 2010 | The Law Office of Philip D. Cave

KOLOTV reports:

Joint Base Lewis-McChord spokeswoman Catherine Caruso says the
pleas from Ivette G. Davila were accepted by the judge, Col. Stephen R. Henley, at Monday’s court martial. She was to be sentenced later in the day to life in prison.

Davila update

August 23, 2010 | The Law Office of Philip D. Cave

KOMO News reports that:

An Army Specialist accused of killing two fellow soldiers and taking their baby has changed her plea to guilty.

Spc. Ivette Davila entered guilty pleas to two counts of premeditated murder and one count of kidnapping during a military court hearing Monday morning.

LTC Lakin

August 21, 2010 | The Law Office of Philip D. Cave

Silence.

20 August 2010 was the day to submit motions. They would have had up to the close of business.

Nothing on APF in terms of documents filed.

Wuterich update

August 20, 2010 | The Law Office of Philip D. Cave

North County Times reports:

Nearly five years after 24 Iraqi men, women and children were slain by a Camp Pendleton squad as it searched for a roadside bomber, the last man to face criminal charges from the incident is about to go on trial.

Wuterich’s trial —- which is scheduled to start Sept. 13 and last up to three weeks[.]

LTC Lakin

August 18, 2010 | The Law Office of Philip D. Cave

World News Daily reports:

A reported threat by a senior Army officer to "Taser" another officer on trial for challenging Barack Obama’s eligibility to be president could be a serious "command influence" issue that could taint the case, according to an expert.

Here is the Greeley Gazette article referred to: