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U.S. v. WARD

Nos. 96-5789, 97-5082.

131 F.3d 335 (1997)

UNITED STATES of America, v. David James WARD, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 13, 1997.

Attorney(s) appearing for the Case

Donald J. McCauley (argued), Office of the Federal Public Defender, Newark, NJ, for Appellant.

Kevin McNulty, Allan Tananbaum (argued), Office of the United States Attorney, Newark, NJ, for Appellee.

Before: STAPLETON, ALITO, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The primary issue in this case is whether a United States district court may order a criminal defendant convicted of an offense involving sexual assaults on his victim to undergo blood testing to determine the presence of the virus that causes Acquired Immune Deficiency Syndrome ("AIDS"). The court ordered the defendant to undergo the testing based on its "inherent authority" to shield the criminal justice system...

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