Wilson released.

I just received this from Fox News:


Here’s Fox’s article.

The court ruled 4-3 that Genarlow Wilson’s 10-year sentence was cruel and unusual punishment.

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  1. StevePerkins says:

    I’m generally not a big fan of judicial overreach, but it’s a damn shame that it came down to that in this case because the legislative and executive branches couldn’t get off their duffs and fix the problem. The fact that they changed the law shows that neither branch seriously believes that a 17-year old should face a TEN YEAR sentence for sex with a 15-year old classmate. The legislature had the power to correct this injustice by drafting the law retroactively, and the governor had the power to achieve the same result by commuting the sentence. Why neither branch chose to take action just baffles me. I’m not happy to see this remedy come from the judicial branch, but I’m not sad to see it come from SOMEBODY. Shame on Sonny and the legislature for letting it come to this.

  2. Decaturguy says:

    Steve is absolutely right. Judges do not seek to be “activists.” But they are often faced with cleaning up the messes that are created by morons in the legislature and, in this case, prosecutors and an attorney general who are playing politics rather than usuing the discretion they are provided under the law.

  3. Burdell says:

    Did anyone else catch this bit from the majority?

    “…no one has a better sense of the evolving standards of decency in this State than our elected representatives…”

    Apparently, Justice Sears hasn’t been to certain offices in the State Capitol lately.

  4. Bill Simon says:

    Sears just left out the word “should” as in “…no one should have a better sense…”

    Oh, wait. Maybe I’m leaping to too much of a conclusion when I use the phrase “better sense.” 🙂

  5. The Comma Guy says:

    rugby fan – actually the legislature did do something about it. The judiciary just didn’t like the fix and made their own.

  6. Bill Simon says:

    Comma Guy,

    Sooooo, doing something half-assed counts as “doing something to fix a problem,” huh?

    Do you demand the upper limit of mediocrity in your own professional occupation as you appear to willingly accept from your government?

  7. The Comma Guy says:

    Bill – no. But then again, I also like my three branches of government separate.

    By the way – did anyone see the AJC this AM? Love these quotes:

    DOC – 58 of 1322 inmates imprisoned for agg child molestation were 18 or younger at sentencing.

    Lisa Kung, director of the Southern Center”a handful at most” will be freed based on the Wilson ruling.

    Sen. Eric Johnson “hundreds of sexual predators” could be freed

    Chief Justice Sears “only a small number of individuals” would meet the unique facts and circumstances of Genarlow

    Sen. Vincent Fort “there are a thousand – ten thousand – Genarlows”


    It’s going to be an interesting winter. I hope that the newspaper and other forms of the media will be willing to keep up with the number and stories of the other inmates who seek and get relief based on this decision.

    I also wonder how the Mercer Law Professor and her students are going to handle Justice Sears’s attempt at distinguishing out Widner’s case from Genarlow’s.

  8. Chris says:

    Well, its easier to sell newspapers and buy votes with stories of “pedophiles running rampant in our streets” than boring stuff like Grady’s Governance structure, or the average inflow and out-flow of lake lanier.

  9. jm says:

    Look, if a bunch of sixteen or seventeen year olds are caught, no foul. If it was a sixteen year old with a pre-teen, I don’t think freeing Wilson will apply.
    This case was about justice, and the fact that the men who could have made this right decided not to.

  10. NGAboy says:

    Former state Rep. Matt Towery, the InsiderAdvantage CEO who authored the law under which Wilson was sentenced, told CBS news: “The Georgia Supreme Court displayed wisdom and moderation and reflected the true intent which we had in passing the original child protection act. I am gratified that the court made a just and fair decision.”

    According to this, the court did what they were supposed to do, here, the author of the bill states that the courts decision upheld what he had intended the bill to be.

  11. The Comma Guy says:

    NGAboy – Mr. Towery has been as quick as BJ and the Rev Al to jump in front of a camera whenever Genarlow is the topic for discussion. The problem with Mr. Towery’s position is that the bill he authored, which was changed by the Senate, came back through the House. It was not changed. For almost 10 years Mr. Towery was silent. To my knowledge, he never stood up in a public venue or before the General Assembly and called on them to change the bill…until the Douglasville case made the news. If he had gone back year after year to get the law changed to reflect what he claims was the original intent, then I’d respect that. But not now – and that is why I take what Mr. Towery claims with a grain of salt.

    As I said up thread, I hope that everyone in the media keeps up with the number of folks who get relief based on the Wilson case.

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