The Iowa Supreme Court will review the case of an Iowa man convicted of criminal transmission of HIV.
Thirty-nine-year-old Nick Rhoades is HIV positive. In 2009 he pleaded guilty in Black Hawk County, even though the man he had sex with did not contract HIV.
He was sentenced to 25 years in prison and registration on the state’s sex offender registry. The court suspended the prison sentence and he was placed on supervised release for a term of five years.
Rhoades later asked for a re-trial, saying he received bad legal advice. The Iowa Court of Appeals upheld the conviction in October of 2013, saying Rhoades knew he had the virus and it was possible he could have transmitted it under the circumstance.
The Iowa Supreme Court granted an order for further review Thursday.