The Associated Press has
this story about a potentially important case involving sexual activity by an HIV+ soldier. The
U.S. Court of Appeals for the Armed Forces has granted discretionary review and ordered plenary briefing and argument in
United States v. Gutierrez. According to the AP:
[David] Gutierrez was a sergeant at McConnell Air Force Base when he was sentenced in 2011 to eight years in prison and stripped of his rank for aggravated assault. He was also found guilty of violating his commander's order to notify partners about his HIV status and use condoms. The military judge also convicted Gutierrez of indecent acts for having sex in front of others and adultery.
There is also an issue about post-trial delay, a not-uncommon problem in American military justice.
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