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STATE v. RICK

No. A12-0058.

835 N.W.2d 478 (2013)

STATE of Minnesota, Appellant, v. Daniel James RICK, Respondent.

Supreme Court of Minnesota.

August 21, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, MN; and Michael O. Freeman , Hennepin County Attorney, Elizabeth R. Johnston , Jane N.B. Holzer , Assistant County Attorneys, Minneapolis, MN, for appellant.

Grant S. Smith , Landon J. Ascheman , Ascheman & Smith, LLC, Saint Paul, MN, for respondent.

Lynn Mickelson , Minnesota AIDS Project, Minneapolis, MN; and Jerry A. Burg , The Uptown Business Center, Minneapolis, MN, for amicus curiae Minnesota AIDS Project.

Benjamin J. Feist , Sandra E. Feist , Grell & Feist LLC, Minneapolis, MN; Alan E. Schoenfeld , Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; and Christopher E. Babbitt , Susan S. Friedman , Gerard Sinzdak , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for amici curiae The Association of Nurses in AIDS Care, The HIV Medicine Association of the Infectious Diseases Society of America, and The National Alliance of State and Territorial AIDS Directors.

Teresa Nelson , American Civil Liberties Union of Minnesota, Saint Paul, MN; Scott A. Schoettes , Christopher R. Clark , Lambda Legal Defense and Education Fund, Chicago, IL; and Leslie Cooper , Chase Strangio , American Civil Liberties Union, New York, NY, for amici curiae ACLU, ACLU of Minnesota, Center for HIV Law and Policy, Lambda Legal Defense and Education Fund, and OutFront Minnesota.

OPINION

GILDEA, Chief Justice.

The State of Minnesota challenges a decision of the court of appeals reversing respondent Daniel James Rick's conviction of attempted first-degree assault by communicable disease, in violation of Minn. Stat. § 609.2241 (2012). A jury found Rick guilty of attempted first-degree assault by transferring a communicable disease, in violation of Minn.Stat. § 609.2241, subd. 2(2), which applies to the "transfer of blood...

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