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View Diary: Dangerous HIV/AIDS Precedent out of Texas (180 comments)

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  •  Most states have disclosure laws (3+ / 0-)
    Recommended by:
    capelza, Nulwee, impygirl

    For example, it is illegal in many states, if you are HIV positive and you know it, to have sex without disclosing it to your partner.  In California, I think using a condom absolves you of criminal liability.

    But this case is a bit different.  It reminds me of the early "attempted murder" prosecutions for HIV+ prisoners who spat on guards.  I'm assuming there will be an appeal.

    What has been is what will be, and what has been done is what will be done, and there is nothing new under the sun.

    by Alec82 on Sat May 30, 2009 at 11:50:47 AM PDT

    •  I hope there will be (4+ / 0-)
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      AaronInSanDiego, sberel, capelza, Alec82

      but I saw something about the defense attorney arguing that he should get 20 years in jail, so I don't know if he'll appeal or not

      The Perimeter Progressive - Metro Atlanta Progressives http://perimeterprogressive.wordpress.com

      by Perimeter Progressive on Sat May 30, 2009 at 11:53:41 AM PDT

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      •  Well he argued that at sentencing (2+ / 0-)
        Recommended by:
        AaronInSanDiego, capelza

        That doesn't mean that he won't appeal the conviction and sentence.  

        What has been is what will be, and what has been done is what will be done, and there is nothing new under the sun.

        by Alec82 on Sat May 30, 2009 at 11:56:19 AM PDT

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        •  stand corrected (3+ / 0-)
          Recommended by:
          AaronInSanDiego, capelza, Alec82

          good point.

          The Perimeter Progressive - Metro Atlanta Progressives http://perimeterprogressive.wordpress.com

          by Perimeter Progressive on Sat May 30, 2009 at 11:57:08 AM PDT

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        •  I doubt the defense attorney will appeal (2+ / 0-)
          Recommended by:
          capelza, skohayes

          They guy totally and willfully destroyed their attempts at a defense. He took the stand against their advice, and then proceeded to make himself look about as bad as he possible could - along with blaming the women, blaming the courts, and blaming the world that has always victimized him

          Padieu's attorneys appeared resigned to his decision to testify, showing in court that they had advised him against it. Throughout the approximately 80 minutes of his testimony, Padieu sparred with his own attorney Bennie House.

          "You're working for me, aren't you?" Padieu asked.

          "I'm working for you," House replied. "I can't if you keep interrupting me."

          House told the court he had a list of questions that Padieu requested he be asked. But many of his rambling answers were cut short by the judge on procedural grounds.

          Padieu claimed there was a "gag order on justice" in his case, saying certain records of e-mails and medical histories had not been provided to the defense.

          "I can't produce records that aren't there," an exasperated House said. Throughout his testimony Padieu said he was frequently victimized, including when he received a dishonorable discharge from the Navy and when he was convicted of armed robbery on a Virginia naval base.

          http://www.dallasnews.com/...

          "People who have what they want are fond of telling people who haven't what they want that they really don't want it." Ogden Nash (on universal health care?)

          by Catte Nappe on Sat May 30, 2009 at 03:36:15 PM PDT

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