State v. Bemer
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The Supreme Court reversed the order of the trial court requiring Defendant to submit both to an examination for sexually transmitted diseases pursuant to Conn. Gen. Stat. 54-102a(a) and to testing for human immunodeficiency virus (HIV) pursuant to section 54-102a(b), holding that the trial court erred.
Defendant was charged with patronizing a prostitute who was the victim of human trafficking and conspiracy to commit trafficking in persons. The State subsequently filed a motion seeking a court order requiring Defendant to submit to the examination and testing at issue. Thereafter, several victims of Defendant's alleged misconduct filed similar motions. The trial court ordered Defendant to submit to the examination and testing. Defendant appealed. The Supreme Court reversed, holding (1) under Conn. Const. art. I, 7, the trial court must make a finding that either an examination pursuant to section 54-102a(a) or testing pursuant to section 54-102a(b), or both, would provide would provide useful, practical information; and (2) because the trial court did not apply this standard, the case must be remanded for a new hearing.
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