The Georgia Supreme Court is hearing Genarlow Wilson's case today

[CatWoman]

wish him luck:

Ga. High Court Hears Teen Sex Appeal

July 20,2007 | ATLANTA -- The courtroom was packed with supporters and cameras Friday as Georgia's top justices heard arguments over whether a young man serving a 10-year prison term for consensual oral sex with a fellow teenager should be freed.



The long punishment spurred angry protests and led the state to change the sentencing law. A state judge in June ordered the young man freed, but because of an appeal by the state attorney general, Genarlow Wilson remains behind bars.

The Supreme Court justices will decide whether the state judge's order freeing Wilson should stand.

Attorney General Thurbert Baker argues that the order to free Wilson, if upheld, could be used to help free some 1,300 child molesters from Georgia prison.

Wilson's lawyer, B.J. Bernstein, told the court's seven justices that Wilson's decade-long mandatory sentence violates the constitutional ban on cruel and unusual punishment.

"Every day that a defendant spends in jail is a precious day in their life," Bernstein said.

The 1995 law Wilson violated was changed in 2006 to make oral sex between teens close in age a misdemeanor, similar to the law regarding teen sexual intercourse. But the Supreme Court later ruled the 2006 law could not be applied retroactively.

http://www.salon.com/wire/ap/archive.html?wire=D8QGCII80.html

[RubyDuby in GA]

1. If they don't let this young man go today, it will simply reaffirm to me that there is no justice in

this world.

I'm dying for the outcome of this. I keep flitting back and forth between DU, the AJC and Sara's live blogging of it at http://sarawaraclara.blogspot.com/

[HiFructosePronSyrup]

2. What's the racial make up of the court?

[TahitiNut]

5. Here ...

http://www.gasupreme.us/justices_bios.php

[HiFructosePronSyrup]

11. It's going to be a squeaker.

I kid, I kid.

[EFerrari]

3. This case perfectly illustrates that we have a segregated Justice system.

(If we have one at all, that is.)

:kick:

[truebrit71]

4. I still don't know how it can POSSIBLY be legal to apply a law retro-actively..

...isn't that what Tom the Bugman succseefully argued about one of his charges?

Oh wait, Tom Delay is a white man with power....Silly me...

[Igel]

13. And DeLay's lawyer argued that you *can't* apply a law

retroactively. I think two courts, now, have agreed.

And that's the problem here: If they let him go, they're saying that it's ok to ignore the law that sentenced a lot of people to jail, and the idea of applying a law back before it took effect is fine. In other words, why apply the law to him if it's considered objectionable and not now illegal--and then why apply the law to others? (There's an exception: Generally you can post-date a law, but it's to let people *off*, so it's not a violation of their rights.)

The legislature messed up twice, now: First, they made the act a criminal offense; second, they didn't make the revised law have the effect that everybody wanted it to have.

[TahitiNut]

6. Live Webcast ...

http://mediar1.gpb.org/ramgen/encoder/sct/live.rm?usehostname

That's the link provided on the GA Supreme Court site at http://www.gasupreme.us/

[CatWoman]

7. aren't you just a helpful honey today

:hi:

[TahitiNut]

8. Dat's me, luv!

O8)

:loveya: :party:

[EFerrari]

9. Why does this thread have only 1 rec? Fork 'em over!

:kick:

[EFerrari]

10. Kick

[Pastiche423]

12. K&R

[aikoaiko]

14. K & R #4. Here's to hoping they release the young man

I'm on the record already for saying the Genarlow Wilson made some really stupid mistakes, but 10 years + registration is too much and the new law (up to 12 months and no registration) is plenty tough enough.

Unfortunately, the legislatures explicitly said this law was not to be applied retroactively and it is unclear if a judge can, in effect, do that. My hunch is the answer will be no even though there that would mean no justice in Genarlow Wilson's case.