United States v. Stevenson

53 M.J. 257 (2000)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

United States v. Stevenson

United States Court of Appeals for the Armed Forces
53 M.J. 257 (2000)

Facts

Hospital Corpsman Third Class Walter Stevenson (defendant) was on the temporary disability retired list. This meant that Stevenson was temporarily retired while the military evaluated whether his disability required permanent retirement or whether Stevenson could return to active duty. As a condition of being on the list, Stevenson was required to submit to a blood draw to monitor his diabetes. However, the military became suspicious that Stevenson was responsible for the rape of a military dependent five years earlier. In order to get Stevenson’s DNA to compare to evidence from that crime, the military investigators asked the hospital to draw a second tube of blood from Stevenson for testing during the diabetes blood draw. The hospital staff inserted a needle into Stevenson’s arm and drew two tubes of blood using that one needle: one tube for the diabetes test and one for the DNA test. Based on the test results, Stevenson was charged with rape. Stevenson moved to exclude the DNA evidence, arguing that his blood sample had been obtained unlawfully. The prosecution (plaintiff) argued that the sample had been lawfully obtained under Military Rule of Evidence 312(f) because the sample was obtained during a valid medical procedure.

Rule of Law

Issue

Holding and Reasoning (Effron, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership