State v. Bemer

Summary

The court held that the order requiring the defendant to undergo sexually transmitted disease examination and HIV testing was immediately appealable because it resolved a separate proceeding, and his later conviction did not eliminate appellate jurisdiction. It further held that the HIV-testing statute does not incorporate the stringent statutory clear-danger and compelling-need requirements, but the state constitution requires a finding that either examination or testing would provide useful, practical information to the victim unavailable by reasonable alternatives. Because the trial court applied neither constitutionally required standard, the order was reversed and the matter remanded for a new hearing.