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 and severable proceeding, and his later conviction did not eliminate appellate jurisdiction. It construed the governing HIV-testing statute as not incorporating the separate clear-danger and compelling-need requirements, but held that the state constitution nevertheless requires a finding that the requested examination or testing would provide useful, practical information to a victim unavailable by reasonable alternative means. Because the trial court made no such finding, the order was reversed and the matter remanded for a new hearing.