Genarlow Wilson to be released from Georgia prison
Genarlow Wilson should soon be a free man. Earlier today, the Georgia Supreme Court issued its decision affirming the habeas court's order vacating Wilson's felony aggravated child molestation conviction. The Court found that the ten year prison sentence was "cruel and unusual" and violated both the Georgia and United States Constitutions. The Court disagreed, however, with the habeas judge's decision to impose a misdemeanor conviction on Genarlow. Instead, the Court held that Genarlow should have no conviction and should be released from prison as soon as the habeas court amended its order. I understand that the habeas judge amended his order earlier today. As a result, Genarlow may be walking out the prison door this afternoon. The full story can be found in the Atlanta Journal Constitution.
The Supreme Court split 4 to 3. The majority opinion was written by Chief Justice Sears. Justices Carley, Hines and Melton dissented. Justice Carley's dissent argues that the Court's decision ignores the legislature's intent that the new misdemeanor punishment for this offense should not be applied retroactively. According to Carley and the other dissenting justices, the legislature's decision to keep people like Genarlow in prison for at least ten years should be controlling, despite the fact that the same offense would now carry only a maximum of 12 months in jail.
The decision surprised some, but pleased many. Given the Court's decision to deny cert to Wilson in an earlier appeal, many commentators thought the cruel and unusual punishment argument would be dead on arrival. But the Court was "comfortable" finding Genarlow's sentence to be excessive considering the "evolving standards of decency" as recognized by the Georgia legislature when they enacted the new misdemeanor statute.
Congratulations to Genarlow and his vigilant team of lawyers, led by B.J. Bernstein. This case proves that hard-work, persistence and the right amount of public pressure can truly change lives.
