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Schoettes of Lambda Legal Defense & Education Fund, Inc., Chicago, Illinois, and Joseph C. The events of this case turn on an encounter between Rhoades and A. An adjudicative fact is “[a] controlling or operative fact, rather than a background fact; a fact that concerns the parties to a judicial or administrative proceeding and that helps the court or agency determine how the law applies to those parties.” Black's Law Dictionary 669 (9th ed.2009). At the time of the guilty plea, the record must disclose facts to satisfy all elements of the offense. The minutes of testimony incorporate the police reports prepared by the sheriff's department, which included A. The last place we look to see if a factual basis exists is by judicial notice of adjudicative facts. The advisory committee notes to the Federal Rule state “[a]djudicative facts are simply the facts of the particular case” and “[a] high degree of indisputability is the essential prerequisite.” Fed. Welsh, New York, New York, for amicus curiae National Alliance of State and Territorial AIDS Directors, the Center for HIV Law and Policy, and HIV Law Project. understood Rhoades to be HIV negative, in part because Rhoades's online profile listed him as HIV negative. Rhoades appealed and we transferred the case to our court of appeals. Rhoades requested further review, which we granted. Accordingly, we vacate the decision of the court of appeals and reverse the judgment of the district court. In 2005, Rhoades began consistently receiving medical care for his HIV diagnosis from the University of Iowa Hospitals and Clinics.

A defendant brings a claim alleging his trial counsel provided ineffective assistance of counsel related to the defendant's guilty plea to the crime of criminal transmission of the human immunodeficiency virus (HIV) in violation of Iowa Code section 709C.1 (2007).

engaged in consensual unprotected oral and protected anal sex. The district court denied Rhoades's application for postconviction relief. We must determine if Rhoades received ineffective assistance of counsel when he pled guilty to criminal transmission of HIV in violation of Iowa Code section 709C.1.

On May 1, 2009, Rhoades pled guilty to one count of criminal transmission of HIV. At the sentencing hearing, the district court sentenced Rhoades to a term of imprisonment not to exceed twenty-five years with life parole and required Rhoades be placed on the sex offender registry. Rhoades alleged his trial counsel was ineffective for allowing Rhoades to plead guilty by failing to challenge the factual basis of the plea and failing to complete a proper investigation before the plea hearing. Ineffective-assistance-of-counsel claims are grounded in the Sixth Amendment.

In deciding this case, we first look to the prosecutor's statements at the plea hearing. We find the colloquy does not establish the facts necessary for the intimate-contact element. In finding this inquiry did not establish a factual basis, we stated:[The county attorney information] was necessarily couched in the technical language of the criminal statute. We recognize judicial notice of an adjudicative fact in a prior proceeding does not automatically apply to a future proceeding. W.2d 734, 747 (Iowa 2006) (recognizing we were again taking judicial notice of a fact we had taken notice of in Keene ). The minutes of testimony indicated the victim and the defendant engaged in consensual, unprotected sexual intercourse and the victim was unaware of the defendant's HIV status. Both the victim and the defendant were uncertain if the defendant ejaculated during sexual intercourse, however the defendant admitted that if he did ejaculate he did so only on either his or the victim's stomach. After these initial denials, Rhoades finally admitted to A. two weeks later in a recorded phone call that he was HIV positive.

W.2d 823, 836 (Iowa 2002) (“Adjudicative facts relate to the specific parties and their particular circumstances.”). The minutes of testimony also indicated a public health nurse would testify to the risk of exposure of HIV during sexual contact. Nevertheless, Rhoades listed his HIV status on his online dating profile as negative and told A. he was “clean” before the two engaged in the intimate contact.

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