U.S. v. Morris, 25 M.J. 579 (A.C.M.R. 1987)

       The earliest reported HIV-related decision by a military tribunal, United States v. Morris, is a United States Army Court of Military Review decision concerning an earlier evidentiary ruling in the trial of an HIV positive officer. The United States appealed the trial judge's decision to exclude from evidence the results of the defendant's HIV test, and the appellate court ruled in the government's favor, finding that the suppression of this evidence was in error.

The defendant was charged with various offenses, including engaging in sexual intercourse and sodomy with others while knowing that he was infected with HIV and that HIV can be sexually transmitted. At trial, the prosecution moved to introduce into evidence the results of appellee's HIV test in order to demonstrate his knowledge of his diagnosis. After hearing the motion, the military judge held that the test results were privileged and inadmissible, noting that "the DA Letter of February of '86 says that the results of AIDS Testing may not be used in UCMJ actions."

On appeal, the court disagreed and found, in spite of the Department of Army letter, that the test results should have been admitted. It interpreted the restriction as applying only to cases where the prosecution uses the test results to punish a defendant solely based on past misconduct, and concluded that this was not such a scenario. Instead, the court determined, the test was being used to demonstrate future misconduct. As such, the U.S. Army Court of Military Review vacated the original ruling and remanded the case back to the trial level.

Ultimately, the appellee was sentenced to a bad-conduct discharge and was ordered to forfeit $400 pay per month for three months, to remain within the limits of Fort Huachuca for two months, and to not have unprotected sex with anyone while at the army post. Morris unsuccessfully appealed this decision in United States v. Morris, 30 M.J. 1221 (A.C.M.R. 1990).