Nick Rhoades, Appellant v. State of Iowa, Appellee

Summary

The court held that Rhoades's guilty plea lacked a factual basis because the plea record did not establish the statutory intimate-contact requirements of intentional exposure to bodily fluid in a manner that could reasonably result in HIV transmission. It further held that judicial notice could not supply those missing facts because the transmissibility of HIV in the circumstances presented, including protected anal sex or unprotected oral sex regardless of viral load, was reasonably disputable. The court therefore found counsel ineffective, reversed the postconviction ruling, and directed that the sentence be set aside while allowing the State an opportunity to establish a factual basis. Justice Mansfield, joined by Justice Waterman, concurred without finding fault in counsel's performance, while Justice Zager would have found the plea factually supported and affirmed.