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I have a potential case. HIV infected guy (he knows) has unprotected, consensual sexual relations with 3 different women thereby exposing them to the virus. Potential vic's don't know (yet) about his infection but let's say we have confirmation of his status as HIV positive. Unknown if the potential vic's are infected. Suspect is bragging to co-workers that he now has full blown AIDS, but not confirmed yet. Anyway, if any of the 3 women ultimately test positive, or in the alternative, if they don't test positive, am I in the ballpark for Agg Assault/DW? Anyone had a case with this subject matter?
 
Posts: 20 | Location: Palo Pinto, TX USA | Registered: March 10, 2007Reply With QuoteReport This Post
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Michael,

Check out these two cases and see if they help you out:

Najera v. State, 955 S.W.2d 698, 1997 Tex. App. LEXIS 5872 (Tex. App. Austin 1997), specifically on point for you I think, and

Weeks v. State, 834 S.W.2d 559, 1992 Tex. App. LEXIS 1805 (Tex. App. Eastland 1992); (HIV positive spit directed at guard sufficient for attempted murder):
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
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Thanks, I will take a look at them.
 
Posts: 20 | Location: Palo Pinto, TX USA | Registered: March 10, 2007Reply With QuoteReport This Post
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Collin County had a case like this several years ago. Affirmed on appeal. Padieu v. State, 2010 WL 5395656 (Tex. App.--Dallas Dec. 30, 2010).
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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I tried that exact same scenario in 2013. I am happy to send you copies of my indictment and jury charge. Feel free to contact me if you have any questions. laura_nodolf@co.midland.tx.us
 
Posts: 12 | Location: Midland, Texas | Registered: May 06, 2004Reply With QuoteReport This Post
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quote:
Originally posted by AndreaW:
Collin County had a case like this several years ago. Affirmed on appeal. Padieu v. State, 2010 WL 5395656 (Tex. App.--Dallas Dec. 30, 2010).


Here's a Texas Prosecutor article about the Phillipe Padieu case:

"I Love You To Death"
 
Posts: 2425 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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E-mailed you the opinion in Mathonican v. State, 194 S.W.3d 59 (Tex. App.---Texarkana 2005, no pet.). Majority & dissent are both insightful.

E-mail me if I can do anything else to help.
 
Posts: 218 | Location: Victoria, Texas | Registered: September 16, 2002Reply With QuoteReport This Post
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