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  1. 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

  2. Rhoades v. Iowa, 840 N.W.2d. 726 (Iowa Ct. App. 2013)

    On October 2, 2013, the Iowa Court of Appeals issued a decision in Rhoades v. Iowa, a case involving Nick Rhoades, a gay man living with HIV who was charged with criminal transmission of HIV. On his trial lawyers' advice, Rhoades pled guilty. He was ...

    Anonymous (not verified) - 3/29/2016 11:59am

  3. State of New Jersey v. C.M., 2013 N.J. Super. Unpub. LEXIS 1760 (2013)

    C.M., a man living with HIV, allegedly had intercourse with women without disclosing his HIV status. He was charged under New Jersey's HIV criminal law, "diseased person committing an act of sexual penetration," a third-degree crime when a ...

    Anonymous (not verified) - 5/16/2017 3:47pm

  4. State of Minnesota v. Rick, 821 N.W.2d 610 (Minn. 2013)

    In this decision, the Minnesota Supreme Court upheld an appeals court decision overturning an HIV positive man's conviction for engaging in consensual sexual activity, which prosecutors claimed was "attempted first-degree assault by communicable ...

    Anonymous (not verified) - 4/30/2014 5:23pm

  5. Matter of Lopez (Board of Immigration Appeals 2013)

    The Board of Immigration Appeals (BIA) has reversed an immigration judge's decision that an HIV positive immigrant charged with prostitution poses a sufficiently serious danger to the community to warrant deportation. In this case, an immigrant woman ...

    Anonymous (not verified) - 5/14/2020 5:22pm

  6. State v. D.C., 114 So.3d 440, (Fla. Dist. Ct. App. 2013)

    This Florida District Court of Appeal case assessed how broadly the Florida statute, which makes it a crime for an HIV positive person to knowingly have "sexual intercourse" without disclosure, could be applied. The court held that the defendant ...

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

  7. People v. Plunkett, 971 N.E.2d 363 (N.Y. 2012)

    This decision from the New York Court of Appeals vacated the conviction for aggravated assault of David Plunkett, and remanded his case for resentencing. Plunkett is an HIV-positive man sentenced to 10 years in prison for aggravated assault after biting a ...

    Anonymous (not verified) - 6/28/2017 12:06pm

  8. Sykes v. Missouri, WD7356 (W.D. Mo., Apr. 17, 2012)

    This is a decision by the Missouri Court of Appeals – Western District affirming the circuit court's denial of the defendant's motion for post-conviction relief. The defendant sought relief on the ground that he had received ineffective assistan ...

    Anonymous (not verified) - 6/28/2017 12:14pm

  9. State v. Thomas, 983 P.2d 245 (Idaho Ct. App. 1999)

    Thomas was found guilty of transferring body fluid while HIV positive in violation of Idaho law, Idaho Code Ann. § 39-608. Thomas received a maximum fifteen-year sentence, with eligibility for parole in seven years. In 1996, Thomas met C.G., the complaina ...

    Anonymous (not verified) - 5/8/2013 1:46pm

  10. Scroggins v. State, 401 S.E.2d 13 (Ga. Ct. App. 1990)

    Scroggins was convicted of aggravated assault with intent to murder after he allegedly bit a police officer during an arrest. At a hospital after the encounter, Scroggins told a nurse that he is HIV positive. On appeal, the Georgia Court of Appeals upheld ...

    Anonymous (not verified) - 5/8/2013 1:46pm

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