U.S. v. Heyward, 20100610, 2012 WL 346635 (A. Ct. Crim. App. Jan. 31, 2012)

Court and Agency Decisions and Orders (including case law)

This U.S. Army Court of Criminal Appeals decision affirmed convictions of "assault with a means likely to produce death or grievous bodily harm" and adultery, as well as a bad-conduct discharge, confinement for twelve months, and reduction to Private E1. Heyward had an unprotected, extramarital sexual encounter with another service member. It is unclear from the case whether he told the service member that he was HIV positive prior to the encounter or whether he had been issued a "safe-sex" order prohibiting him from having unprotected, "unwarned" sex.

After pleading guilty, Heyward appealed his convictions, arguing that the adultery charge against him was defective for failing to state an offense. Basing its decision primarily on the fact that Heyward did not object to the adultery specification at trial, the court found the findings of guilty and sentence correct in law and fact, and affirmed both the convictions and sentence.

 

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