Crime, Kids, Oral Sex / Blow Jobs, Sentencing Law, Sex

Breaking: Georgia Supreme Court Orders Release of Genarlow Wilson

Genarlow Wilson Above the Law blog.jpgThis just in, from the AP:

The Georgia Supreme Court upheld a ruling that Genarlow Wilson’s 10-year prison sentence for having consensual oral sex with a fellow teenager is cruel and unusual, and ordered him released from prison.

Wilson was convicted of aggravated child molestation for having oral sex with a 15-year-old girl when he was 17. He has served more than two years of a mandatory 10-year sentence.

Attorney General Thurbert Baker appealed a Monroe County Superior Court judge’s decision to reduce Wilson’s felony conviction to a misdemeanor and free him from prison.

Baker said the judge overstepped his authority when he granted Wilson’s motion last month. Wilson’s attorney argued his 10-year prison sentence is cruel and unusual punishment.

Update: From an insightful tipster:

Regarding the Georgia case, it may be worth noting that the U.S. Supreme Court will be hearing argument on a related issue on October 31: whether state Supreme Court decisions must use the U.S. Supreme Court’s standard in applying criminal law decisions retroactively or instead may expand retroactive application of those decisions to a broader class of criminal defendants.

Georgia Supreme Court Rules Prison Term for Sex Crime Cruel and Unusal [AP via Fox News]
Earlier: We Sure Hope It Was Worth Two Years in Prison

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