State of Ohio v. MorRondo J. Roberts, 805 N.E.2d 594 (Ohio Ct. App. 2004)

This Court of Appeals of Ohio, Ninth Appellate District, Summit County judgment affirms the conviction of the defendant, MorRondo Roberts, for felonious assault. Roberts tested positive for HIV in 1993, after which he began taking daily medication. In 2002, Roberts was arrested and charged with felonious assault for allegedly engaging in sexual activities with two women without first disclosing his HIV status. Roberts was convicted of felonious assault stemming from his sexual conduct with one of the women, T.H., and was sentenced to four years imprisonment. Though Roberts argued on appeal that T.H.’s trial testimony was inadmissible, the court found that he had failed to preserve this objection at trial, and had thus waived his right to object to the testimony on appeal. For this reason, the appeals court affirmed Roberts’s conviction for felonious assault.