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State v. Hinkhouse

Court of Appeals of Oregon
912 P.2d 921 (1996)


Facts

Timothy Hinkhouse (defendant) learned that he had tested positive for the human immunodeficiency virus (HIV). Afterward, Hinkhouse continued to engage in a consistent pattern of unprotected sexual intercourse with several different women. Hinkhouse did not inform any of the women that he was HIV positive, and even denied that he was HIV positive when asked. Hinkhouse’s probation officer, Bill Carroll, regularly told Hinkhouse about the deadly consequences of having unprotected sexual intercourse while HIV positive, even after a single sexual exposure. Although Hinkhouse indicated that he understood the information, he consistently disregarded the implications and continued his unprotected sexual interactions with women, stating that he did not want to use protection. Even when Hinkhouse agreed in writing to inform Carroll prior to any sexual contact, Hinkhouse ignored the obligation and continued engaging in sexual intercourse with a number of women without disclosing his HIV-positive status. Hinkhouse was indicted on 10 counts of attempted murder and 10 counts of sexual assault. At trial, medical experts testified that Hinkhouse likely suffered from attention deficit disorder. Additionally, the experts testified that Hinkhouse had a personality disorder that caused him to dismiss all concerns pertaining to HIV and “to do whatever he wanted to [do].” At the close of evidence, Hinkhouse moved for a judgment of acquittal on all counts. The trial court denied Hinkhouse’s motion. Hinkhouse was convicted on all counts, and he appealed.

Rule of Law

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Issue

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Holding and Reasoning (Landau, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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