(no subject)

[theweaselking]

Anyone remember Genarlow Wilson, the boy from Georgia who got 10 years in jail and permanent sex offender status for having *consensual* oral sex with a girl who was *also* underage?

A judge threw out the case today, saying "If this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish ... justice being served in a fair and equal manner."

Of course, the state attorney immediately filed an appeal to keep Wilson in jail.

Comments

[eididdy.livejournal.com]

He's from Georgia.

[mrbankies.livejournal.com]

I understand the state attorney's rational for appealing. Don't agree with it, mind, but understand it.

What's more puzzling is the fact that the law change wasn't made retroactive, and the stubborn persitance by one GA state lawmaker to block attempts to do so now.

[theweaselking.livejournal.com]

Atlanta, Alabama, close enough.

[kafziel.livejournal.com]

Changes to the law that apply retroactively are kinda, uh, unconstitutional. Article I, sections 9 and 10, prohibit ex post facto laws in federal and state systems.

As for the ruling ... the article is depressingly imprecise. I'd like to know the judge's basis for doing this, will check for it to be on Lexis in a few hours, but it doesn't sound like the sort of thing the Court of Appeals is able to do, or even the state's Supreme Court. Bad law that isn't unconstitutional law is still binding law on a court, and the Supreme Court dismissed his constitutional challenges in last year's transfer.

[theweaselking.livejournal.com]

I'm surprised this hasn't already gone to the Governor's desk for a pardon.

Oh, wait, it's Sonny Perdue (R). Never mind, I'm totally unsurprised.

[culfinriel.livejournal.com]

This whole thing is utterly ridiculous, start to finish.

[caerlas.livejournal.com]

This poor kid is never going to be free of this. If the state attorney want's to maintain the integrity of the courts then perhaps justice would be better served if he accompanied that appeal with a letter to the governor about a pardon.

[mcfnord.livejournal.com]

it makes me think southerners are backward.

[faeriemuriel.livejournal.com]

The boy's lawyer's name is BJ. It never seems to be short for anything. It makes me laugh.