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Editor: Kevin Cole
Univ. of San Diego School of Law

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Monday, July 19, 2010

"State Can Try to Detain Man Who Infected Women"

The New York Times has this A.P. story, which is a little more complicated than the headline might imply:

BUFFALO, N.Y. (AP) -- The state can try to keep a sex offender who infected at least 13 women with the AIDS virus locked up beyond the 12-year prison sentence he completed in April, a judge ruled Monday.

. . .

Defense attorney Daniel Grasso had argued in June that Williams should not be subject to the 3-year-old civil-confinement law because it was passed long after he pleaded guilty in 1998 to statutory rape and reckless endangerment. He also said Williams had already finished the rape sentence at the time and had begun serving his consecutive sentence for reckless endangerment, a crime not eligible for civil confinement.

But the judge agreed with assistant Attorney General Wendy Whiting's argument that sentences merge together in prison, so Williams was still in prison for a sex crime when the law was passed.

http://lawprofessors.typepad.com/crimprof_blog/2010/07/state-can-try-to-detain-man-who-infected-women.html

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