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June 13, 2007

Genarlow Wilson faces at least another month in prison

As detailed in this Atlanta Journal-Constitution article, despite a big win in his state habeas action overturning his initial sentence, "Genarlow Wilson will remain behind bars at least until next month, when a judge will decide whether he should be released from prison pending an appeal."  Here are some more details:

Wilson, now 21, moved a step closer to freedom Monday when Monroe County Superior Court Judge Thomas H. Wilson granted his petition to throw out his 10-year prison sentence.  The judge agreed the sentence "would be viewed by society as 'cruel and unusual' in the constitutional sense of disproportionality." The judge also ordered him freed from prison and changed his felony conviction to a misdemeanor without the requirement that he register as a sex offender.

Within hours, however, state Attorney General Thurbert Baker filed notice that he would appeal the ruling to the Georgia Supreme Court.  Baker is arguing the judge overstepped his authority. Several civil rights activists demonstrated outside Baker's office Monday, calling on him to back off his appeal or resign. "I think he should be admired for standing up in the face of all that and doing his job," [Douglas County District Attorney David] McDade said. "His sworn duty is to protect all Georgians."

Related posts will background on the Wilson case:

June 13, 2007 at 08:57 AM | Permalink

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» Genarlow Wilson Roundup from Sex Crimes
Besides Nifong, the other big sex crimes news was about Wilson's case. Since there are already a bunch of great posts around, I'll refer you to those. This time, though, I'll include some choice fragments of certain posts. At Sentencing [Read More]

Tracked on Jun 18, 2007 7:51:43 PM

Comments

The Attorney General of Georgia, a fellow black man, should be recalled. He reminds me of Mitt Romney who did not issue a single pardon during his time in the Governor's mansion. Are all AG's this merciless? I agree that the Attorney General has legal precedent in favor of obtaining a reversal of this order, yet public opinion supports the release of Mr. Wilson.

What do the words "cruel and unusual punishment" mean if this case does not fit the bill.

Attorney General, Mr. Thurbert Baker, stated he wants to work out a plea deal. Is this how the system operates, everything towards the almighty plea...

Posted by: Anonymous | Jun 13, 2007 12:49:37 PM

I remain interested to learn whether the judge's conclusion that Wilson sentence was "'cruel and unusual' in the constitutional sense of disproportionality" refers to the federal Eighth Amendment, or the corresponding provision of the Georgia Constitution (Ga. Const. I-1-17), or both, or is unclear on the point.

So far the AJC isn't telling.

Posted by: Mike O'Shea | Jun 13, 2007 4:46:00 PM

Here's an interesting article:

http://www.law.com/jsp/article.jsp?id=1181725541206

Posted by: federalist | Jun 14, 2007 7:39:03 AM

Public/judicial officials are commanded an oath as set in article of Constitution to support/uphold Constitution. The judge did his job here but the AG needs to stay in check. The public needs to be aware that public officials can manufacture evidence to be presented to a jury to convict. People can be falsely wrongly and corruptly convicted and the public is further deceived to pass new codes/laws and build more prisons. Manufacture evidence to manufacture more prisons. Fraudulent/false evidence can be instructed/presented/planted to jury to convict anyone. It's fact; for more info: donation MOLINA 927 south Bruce-# 5 Anaheim, Ca. 92804

Posted by: MOLINA | Aug 2, 2007 9:58:00 AM

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