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  1. United States v. Pinkela, ACCA, 15-0747 ORDER 110415 (11/5/15)

    On November 5, 2015, the Court of Appeals for the Armed Forces granted a second petition for review of Ken Pinkela, a former Army Lieutenant Colonel living with HIV who was discharged and criminally prosecuted on charges of having unprotected anal sex wit ...

    admin - 11/10/2015 10:08am

  2. Statement on the National HIV/AIDS Strategy for the United States: Updated to 2020, The Center for HIV Law and Policy (2015)

    This statement addresses 1) broad public ignorance about HIV, STIs and identities associated with stigmatized diseases; 2) the criminalization of HIV; 3) HIV related discrimination in criminal justice and immigration detention facilities, and in the milita ...

    admin - 9/20/2017 11:49am

  3. United States v. Stevens, 2013 WL 5844657 (N.M.Ct.Crim.App. 2013)

    This United States Navy-Marine Corps Court of Criminal Appeals decision affirmed a prior conviction of violating a “safe sex order.” After being diagnosed with HIV, Stevens received a safe sex order from a commissioned officer, who was also the physician t ...

    admin - 10/22/2015 11:26am

  4. United States v. Hurts, 2014 CCA LEXIS 284 (2014)

    This United States Army Court of Criminal Appeals decision held that if the likelihood of infection from HIV was not more than a remote possibility, a servicemember could not be convicted of assault with a means likely to produce death or grievous bodily h ...

    admin - 10/22/2015 11:26am

  5. National Defense Authorization Act for Fiscal Year 2014, Section 572 (2013)

    Section 572 of the nearly two thousand page-long National Defense Authorization Act of 2014 (NDAA), which approves spending for the military and national security, gives the Secretary of Defense 180 days to submit a report describing policies on the enlis ...

    admin - 9/30/2017 5:47pm

  6. U.S. v. Banks, 36 M.J. 1003 (A.C.M.R. 1993)

    In this case, the United States Army Court of Military Review set aside an HIV positive soldier's convictions for aggravated assault and disobeying an officer. Banks was diagnosed with HIV and his commanding officer issued a safe sex order, requiring ...

    Anonymous (not verified) - 10/7/2013 4:29pm

  7. U.S. v. Hall, 34 M.J. 695 (A.C.M.R. 1991) decision set aside, 36 M.J. 80 (C.M.A. 1992)

    This U.S. Army Court of Military Review decision affirmed Hall's convictions of sodomy, adultery, and wrongful videotaping of "adulterous acts." The court also affirmed his sentence including dismissal from service and forfeiture of $1000 p ...

    Anonymous (not verified) - 10/7/2013 4:29pm

  8. U.S. v. Heyward, 20100610, 2012 WL 346635 (A. Ct. Crim. App. Jan. 31, 2012)

    This U.S. Army Court of Criminal Appeals decision affirmed convictions of "assault with a means likely to produce death or grievous bodily harm" and adultery, as well as a bad-conduct discharge, confinement for twelve months, and reduction to Pr ...

    Anonymous (not verified) - 10/7/2013 4:29pm

  9. U.S. v. Reister, 40 M.J. 666 (N-M. C.M.R. 1994) aff'd, 44 M.J. 409 (C.A.A.F. 1996)

    This U.S. Navy-Marine Corps Court of Military decision affirmed the appellant's convictions of conspiracy to commit adultery, "consensual sodomy," "assault with means likely to produce grievous bodily harm" (based on his gential h ...

    Anonymous (not verified) - 10/7/2013 4:29pm

  10. U.S. v. Sargeant, 29 M.J. 812 (A.C.M.R. 1989)

    This U.S. Army Court of Military Review decision affirmed the convictions of an HIV positive Sergeant in the U.S. Army of willful disobedience of a "safe-sex" order issued by his commander to disclose his HIV status to and wear condoms with sexu ...

    Anonymous (not verified) - 10/7/2013 4:29pm

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