Iowa Supreme Court Throws Out HIV Criminal Transmission Conviction

By: The Associated Press Email
By: The Associated Press Email

The Iowa Supreme Court has thrown out the conviction of a man who pleaded guilty to criminal transmission of HIV.

Nick Rhoades of Plainfield appealed his 2009 conviction, claiming his attorney was ineffective by letting him plead guilty. The court on Friday found there was insufficient factual basis to support the plea and returned the case to district court.

Six of seven justices concluded intimate contact isn't enough to prove that exchange of bodily fluid took place or that Rhoades intentionally exposed the man he had sex with in a way that could result in HIV transmission.

The state must prove a factual basis exists for the charge. If it cannot, Rhoades' withdraws his plea. He was initially sentenced to 25 years in prison and later released on probation.

Comments are posted from viewers like you and do not always reflect the views of this station.
powered by Disqus
WOWT NBC Omaha 3501 Farnam Street Omaha, NE 68131 (402) 346-6666
Copyright © 2002-2014 - Designed by Gray Digital Media - Powered by Clickability 263029901 -
Gray Television, Inc.