Important note: Information in this article was accurate in 1998. The state of the art may have changed since the publication date.
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United Press International; Wednesday May 6 1:00 PM EDT
Today's ruling came in the case of Jimmy Bird, an HIV-infected Columbus man who was indicted in 1993 on a felonious assault with a deadly weapon charge after spitting at a Columbus police officer. He pleaded no contest to the charge.
Bird was jailed for three months awaiting a follow-up test to determine if the police officer had become infected with the HIV virus. A judge then imposed a sentence of 3 to 15 years, but granted super shock probation in November 1994.
In April 1996 his probation was revoked because of two outstanding misdemeanor charges, his discharge from a hospital for drunken belligerent behavior, failure to complete community service and failure to maintain employment.
He then appealed his original conviction, but an appeals court rejected his motion. Today's high court ruling upheld the appeals court's decision.
Justice Francis Sweeney, writing for the majority, said that under Ohio law, a no contest plea is not an admission of guilt, but it is an admission of the truth of the facts alleged in an indictment.
Sweeney wrote: "It is unnecessary to decide whether the HIV virus may be communicated through saliva and whether saliva may be considered a deadly weapon. By pleading no contest, (Bird) admitted the truth of the allegations in the indictment."
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