The Founder
Well-Known Member
This is going to be interesting. If ruled unconstitutional and retroactive my record and complete rights will be restored. Here is the back ground of the case this year that initiated it along with the brief filed by the defense attorney.
https://www.hivplusmag.com/stigma/2019/2/26/sanjay-johnson-gets-5-year-probation-hiv-crime-case
In a surprise ruling last week, a Little Rock, Ark. court sentenced 26-year-old activist Sanjay Johnson to five years probation and ordered him to pay a $750 fine for not disclosing his HIV status to a former sexual partner, reports TheBody.com.
Though many HIV advocates argue the sentence is unfair, especially due to the details of Johnson’s case, the sentence was still lighter than expected and shows progress in the decriminalization of HIV. As of 2016, 26 states had laws that criminalize HIV exposure. These draconian laws were put in place in the 1980s, and continue to stigmatize poz people despite that for nearly 20 years, modern medicine can suppress HIV to such low levels that it's impossible to transmit ("undetectable").
“He finally heard me,” Maples said of Grayson Hinojosa, deputy prosecutor with Pulaski County, Ark. “He finally got that Sanjay could not have exposed this young man to HIV because he was undetectable.”
The statute that was employed in Johnson’s no-contest plea is rarely used, according to Maples. It allows for people without any other criminal records to settle their case with a guilty or no-contest plea, accept at least one year’s probation and no more than a $3,500 fine. They will continue to have no further criminal record.
However, the state law also specifically bans defendants who have been charged with “exposing another person to the human immunodeficiency virus.” But with Johnson being virally suppressed, the exposure clause is no longer valid — thus proving the urgent need to revise (or eradicate) all HIV criminalization laws.
Maples is jumping on the opportunity to help others like Johnson. She is currently preparing a case for the United States District Court in Western Arkansas to challenge the HIV criminalization law that initially had Johnson arrested. Ultimately, says Maples, “the [HIV crime] law is unconstitutional.”
Here is the link to Arkansas Connect with more information:
Violation: 1 Citation#: Age at Violation: 22 Plea: 19-FEB-19 NOT GUILTY
5-14-123 KNOWINGLY EXPOSING ANOTHER TO HIV; FA Disp:19-FEB-19 NOLLE PROSEQUI
Level: FA CLASS A FELONY
Violation Date: 02-OCT-15
Violation Time:
JOHNSON, SANJAY DORRELL
Violation: 2 Citation#: Age at Violation: 22 Plea: 19-FEB-19 NEGOTIATED GUILTY
5-13-204 AGGRAVATED ASSAULT; FD Disp:19-FEB-19 DEFERRED
Level: FD CLASS D FELONY
Violation Date: 02-OCT-15
Violation Time:
Sentence
Name: SANJAY DORRELL JOHNSON Sentence: PROBATION - SUPERVISED Sequence: 1
Length: 5 YEAR(S) Suspended Length: DAY(S) Consecutive: Concurrent:
Served: 8 Signed: Start: Probation: 19-FEB-19 Completion: 23-FEB-24
Sentence Detail:
Violation(s)
Violation No: 2, 5-13-204 , AGGRAVATED ASSAULT; FD
----------------------------------------------------------------------------------
This is important because I along with a few others were not offered this plea agreement and based on the facts my case fell in to the same summary with a strong exception. I have was undetectable like Sanjay and unlike his case transmission did not occur. So when she takes this court as unconstitutional it is going to be very interesting.
I attached the PDF of the motion to dismiss.
https://www.hivplusmag.com/stigma/2019/2/26/sanjay-johnson-gets-5-year-probation-hiv-crime-case
In a surprise ruling last week, a Little Rock, Ark. court sentenced 26-year-old activist Sanjay Johnson to five years probation and ordered him to pay a $750 fine for not disclosing his HIV status to a former sexual partner, reports TheBody.com.
Though many HIV advocates argue the sentence is unfair, especially due to the details of Johnson’s case, the sentence was still lighter than expected and shows progress in the decriminalization of HIV. As of 2016, 26 states had laws that criminalize HIV exposure. These draconian laws were put in place in the 1980s, and continue to stigmatize poz people despite that for nearly 20 years, modern medicine can suppress HIV to such low levels that it's impossible to transmit ("undetectable").
“He finally heard me,” Maples said of Grayson Hinojosa, deputy prosecutor with Pulaski County, Ark. “He finally got that Sanjay could not have exposed this young man to HIV because he was undetectable.”
The statute that was employed in Johnson’s no-contest plea is rarely used, according to Maples. It allows for people without any other criminal records to settle their case with a guilty or no-contest plea, accept at least one year’s probation and no more than a $3,500 fine. They will continue to have no further criminal record.
However, the state law also specifically bans defendants who have been charged with “exposing another person to the human immunodeficiency virus.” But with Johnson being virally suppressed, the exposure clause is no longer valid — thus proving the urgent need to revise (or eradicate) all HIV criminalization laws.
Maples is jumping on the opportunity to help others like Johnson. She is currently preparing a case for the United States District Court in Western Arkansas to challenge the HIV criminalization law that initially had Johnson arrested. Ultimately, says Maples, “the [HIV crime] law is unconstitutional.”
Here is the link to Arkansas Connect with more information:
Docket Report Results - Not an Official Document
caseinfo.arcourts.gov
Violation: 1 Citation#: Age at Violation: 22 Plea: 19-FEB-19 NOT GUILTY
5-14-123 KNOWINGLY EXPOSING ANOTHER TO HIV; FA Disp:19-FEB-19 NOLLE PROSEQUI
Level: FA CLASS A FELONY
Violation Date: 02-OCT-15
Violation Time:
JOHNSON, SANJAY DORRELL
Violation: 2 Citation#: Age at Violation: 22 Plea: 19-FEB-19 NEGOTIATED GUILTY
5-13-204 AGGRAVATED ASSAULT; FD Disp:19-FEB-19 DEFERRED
Level: FD CLASS D FELONY
Violation Date: 02-OCT-15
Violation Time:
Sentence
Name: SANJAY DORRELL JOHNSON Sentence: PROBATION - SUPERVISED Sequence: 1
Length: 5 YEAR(S) Suspended Length: DAY(S) Consecutive: Concurrent:
Served: 8 Signed: Start: Probation: 19-FEB-19 Completion: 23-FEB-24
Sentence Detail:
Violation(s)
Violation No: 2, 5-13-204 , AGGRAVATED ASSAULT; FD
----------------------------------------------------------------------------------
This is important because I along with a few others were not offered this plea agreement and based on the facts my case fell in to the same summary with a strong exception. I have was undetectable like Sanjay and unlike his case transmission did not occur. So when she takes this court as unconstitutional it is going to be very interesting.
I attached the PDF of the motion to dismiss.
