A summary and case brief of united states v starks, including the facts, issue, rule of law, holding and reasoning, key terms, and concurrences and dissents united states v. ¶1 the state of oklahoma charged appellee louis kilakila stark in the district court of comanche county, case number cf-2015-530, with unlawful possession of a controlled drug (marijuana) with intent to distribute (count 1) in violation of 63 ossupp2012, § 2-401, unlawful possession of a. State v stark, 66 washapp423, 832 p2d109 (wash app div2 1992) facts: calvin stark went to the public health authority to be tested for the hiv disease he found out he was infected with the disease and was counseled by dr locke as to what is and what is not safe when it comes to sexual relations.
The state of georgia: sentencing and appeals eugene berry 5/5/15 crj2200 week 3 assignment 2 in the case of the state of georgia v troy davis on the date of august 28, 1991 troy davis was claimed guilty by jury after two hours. Case: state vstark, 832 p2d 109 (washapp 1992) facts: defendant stark tested positive for hiv, which was confirmed by two follow-up tests defendant received five counseling sessions on safe sex, the risk of spreading the infection, and the necessity of informing his partners of his status before engaging in sexual activity.
The state then charged stark with three counts of assault in the second degree under rcw 9a36021(1)(e) fn1 each count involved a different victim:  count 1: the victim and stark engaged in sexual intercourse on october 27 and october 29, 1989. Opinion for state v stark, 832 p2d 109, 66 wash app 423 — brought to you by free law project, a non-profit dedicated to creating high quality open legal information. The state also asserts that a torn plastic baggie discovered during a search of stark's person was circumstantial evidence that stark was under the influence of drugs the baggie was empty and was apparently not tested for drugs.
Stark asserts that such testimony was relevant to reveal mcneill's motivation in cooperating with the state in its case against stark and mcneill's credibility in testifying against stark as a result of the court's ruling, stark argues that he was deprived of his right to confront witnesses against him. Stark contends that in both trials the state improperly used confidential information and presented insufficient evidence of intent to expose his sexual partners to hiv he also challenges the constitutionality of the second degree assault statute as vague and contends that the exceptional sentence the court imposed for count 1 was unjustified. Stark appealed on the ground that the jury had been wrongfully instructed that willful diversion was a general-intent crime rule of law the rule of law is the black letter law upon which the court rested its decision. Stark pleaded guilty to driving while intoxicated, contrary to § 34663(1)(a), stats, and the state recommended the dismissal of the other two charges stark had a history of traffic offenses, including two previous dwi violations and several violations for driving with a suspended license.
Stark suggests a number of ways that the state could preserve the confidentiality of defendants: (1) assist the health department only if the information remain anonymous (2) obtain a special prosecutor to handle the civil action, thereby avoiding conflicts and (3) agree to assist the health department but, as a matter of policy, refuse to. The idaho supreme court and idaho court of appeals cited opinions are made available online as a public service state v geirrod detloph stark - dui march 28. The supreme court granted further review of our opinion affirming appellant mitchell stark's conviction of drive-by shooting committed for the benefit of a gang and stayed the appeal pending its decision in state v. The case of state vs stark revealed the problem of dangerous behavior from the part of stark, who had hiv and refused to obey to cease and to desist order established by the law, although he was well-informed about issues related to his condition and potential threat he exposed his partners to.
Opinion for state v stark, 273 p3d 941, 248 or app 573 — brought to you by free law project, a non-profit dedicated to creating high quality open legal information. Private health insurance and managed care: liability and state and federal regulation unites states v starks (defendant) search table of contents. Start studying ch 3: mens rea learn vocabulary, terms, and more with flashcards, games, and other study tools.