United States v. Schloff
United States Army Court of Criminal Appeals
2014 WL 7227689 (2014)
- Written by Salina Kennedy, JD
Facts
First Lieutenant Christopher S. Schloff (defendant), a physician’s assistant, was charged with abusive sexual contact for touching the breasts of a patient, Sergeant CP, with a stethoscope under the guise of a conducting a medical examination. A court-martial panel convicted Schloff of abusive sexual contact in violation of Article 120 of the Uniform Code of Military Jurisdiction (UCMJ). Immediately after the panel returned its findings, the military judge dismissed the charge for failure to state an offense and set aside Schloff’s conviction. The military judge reasoned that the offense of abusive sexual contact was limited to a touching in which part of the accused’s body touched the body of the alleged victim. Because Schloff touched CP with a stethoscope and not with any part of his body, the military judge concluded that the evidence was insufficient to prove that Schloff had committed the offense. The United States government (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Haight, J.)
What to do next…
Here's why 814,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.