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COLUMBUS — In a ruling that could affect a pending Lucas County murder case, the Ohio Supreme Court on Thursday upheld a state law allowing the filing of criminal charges when someone engages in sexual activity without disclosing that he or she is HIV positive.
The high court unanimously held in an unrelated Hamilton County case that the law does not violate the First Amendment right to free speech or the Third Amendment right to equal protection under the law. It held that the state has an interest in preventing the further spread of HIV through sexual activity.
This was the first time such a case had reached the state Supreme Court.
The ruling could affect the pending case of Ron J. Murdock, 52, who is charged with murder and felonious assault for allegedly failing to tell his late girlfriend, Kimberly Klempner, 51, that he was HIV-positive. She died from AIDS on Feb. 5.
Both sides had been awaiting a ruling in the Hamilton County case. Defense attorney Gretchen DeBacker said the result won't help her client.
Mr. Murdock allegedly engaged in unprotected sex with Ms. Klempner between June, 2011, and October, 2016. She became infected with the virus that causes AIDS.
He’s being held in the county jail on $1.5 million bond pending trial. A motion hearing is set for Nov. 14.
Ohio Supreme Court upholds conviction for failing to disclose HIV status
ACLU can take a hike on this one.
The high court unanimously held in an unrelated Hamilton County case that the law does not violate the First Amendment right to free speech or the Third Amendment right to equal protection under the law. It held that the state has an interest in preventing the further spread of HIV through sexual activity.
This was the first time such a case had reached the state Supreme Court.
The ruling could affect the pending case of Ron J. Murdock, 52, who is charged with murder and felonious assault for allegedly failing to tell his late girlfriend, Kimberly Klempner, 51, that he was HIV-positive. She died from AIDS on Feb. 5.
Both sides had been awaiting a ruling in the Hamilton County case. Defense attorney Gretchen DeBacker said the result won't help her client.
Mr. Murdock allegedly engaged in unprotected sex with Ms. Klempner between June, 2011, and October, 2016. She became infected with the virus that causes AIDS.
He’s being held in the county jail on $1.5 million bond pending trial. A motion hearing is set for Nov. 14.
Ohio Supreme Court upholds conviction for failing to disclose HIV status
ACLU can take a hike on this one.