Georgia Supreme Court Releases Genarlow Wilson on Grounds Sentence Was "Cruel and Unusual"
From the Georgia judiciary website:
"Atlanta, October 26, 2007 -- The Supreme Court of Georgia today ordered that Genarlow Wilson be released from prison. In a split 4-to-3 decision, the state’s highest court has upheld a Monroe County judge’s finding that Wilson’s 10-year-prison sentence constitutes “cruel and unusual punishment” under the Georgia and U.S. Constitutions. Wilson was convicted in 2005 of aggravated child molestation for engaging in consensual oral sex with a 15-year-old girl when he was 17. Under the law at the time, the crime was punishable by a mandatory minimum of 10 years in prison with no chance of parole, followed by registration as a sex offender. The law was amended July 1, 2006 making conduct such as Wilson’s a misdemeanor punishable by no more than a year in prison and no sex offender registration. But the legislature did not make the law retroactive, and the change did not apply to Wilson."
- The opinion can be downloaded here: Wilson opinion