This 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.