Published July, 2011

Carmona v. Connelly, 2011 WL 2748694 (S.D.N.Y. July 13, 2011)

This opinion denies a writ of habeas corpus for Jose Carmona, who was previously convicted of reckless endangerment and disorderly conduct after he spit at a police officer during a DWI-related altercation and allegedly stated that he had AIDS and that the police would now catch it.

The primary focus of this opinion was Carmona's claim that his due process rights were violated by the admission of his medical records into evidence at the trial. The judge relied on Supreme Court holdings that a habeas corpus examination does not include reexamining any state court holdings on state law questions. Since Carmona's argument relied primarily on New York Public Health Law § 2785 (which lays out the proper procedures for disclosing confidential HIV related information), the judge held that Carmona did not explain how the admission of his medical records violated any federal or constitutional rights.

This holding does not rule out a defendant challenging the use of their medical records in HIV-related prosecutions during an original trial. The holding is limited to habeas appeals on state law matters.