Ga. top court finishes hearing Wilson's appeal
Lawyer Blogs
[##_1L|1386322274.jpg|width="131" height="91" alt=""|_##]The Georgia Supreme Court heard arguments Friday morning on a pair of appeals in the closely watched Genarlow Wilson case, though no ruling was expected immediately. The courtroom was packed for the hearing, and arguments were broadcast live over the Internet. The hearing came after justices decided earlier this month to speed up the process in the case of Wilson, the Douglas County man imprisoned for receiving oral sex from a 15-year-old girl when he was 17. Wilson's attorneys argue his 10-year prison sentence is cruel and unusual punishment.
The justices are considering two appeals in the case.
Georgia Attorney General Thurbert Baker is appealing a Monroe County Superior Court judge's decision to reduce Wilson's felony conviction to a misdemeanor and free him from prison. Baker said the judge overstepped his authority when he granted Wilson's motion last month.
Following the Monroe County judge's decision, Wilson's attorneys requested he be released on bond pending Baker's appeal, but on June 27, the trial court in Douglas County denied the request. Wilson's attorneys have appealed that decision.
B.J. Bernstein, Wilson's attorney, addressed the bond issue first at Friday's hearing, arguing for 10 minutes that her client should be granted bond while his case is under appeal.
"Every day that a defendant spends in jail is a precious day in their life," Bernstein told the justices. Bernstein said that in the past 10 days, "two clients of mine died in prison."
Bernstein argued that the trial court, in refusing bond, improperly applied the criminal appeal bond statute when it should have applied the habeas bond statute, since the Monroe County judge had ruled on a writ of habeas corpus, determining that Wilson had the right to make a claim of cruel and unusual punishment.
However, Douglas County District Attorney David McDade, the original prosecutor on Wilson's case, countered in his time before the justices that state law is clear that "no appeal bond shall be granted to any person who is convicted of a list of crimes, and aggravated child molestation is included in that list."
"It's not vague. It's not gray. It's not subject to interpretation," McDade said. "It is the plain letter of the law that applies in this case."
In its appeal of the reduction of the felony conviction to a misdemeanor, the state has argued that the ruling could open the door for many other sexual criminals to have their sentences reduced.
Wilson's attorneys argued that such fears are invalid and do not justify maintaining such a harsh sentence for consensual teen sex.
Video cameras and still photographers lined the walls well before the arguments began. Outside, satellite trucks and Georgia State Patrol cars were parked all along the street, and security was high. Officers were posted all around the building and on the floor where the Supreme Court meets.
Former state Rep. Matthew Towery, the author of the 1995 law Wilson was charged with violating, submitted a friend of the court brief supporting his release.
"The General Assembly never intended for the Child Protection Act's harsh felony sentences designed to punish adults who prey on children to be used to punish consensual sexual acts between teenagers close in age," Towery's brief said.
The state Legislature in 2006 changed the law, making oral sex between teens close in age a misdemeanor. The state Court of Appeals ruled that the new lasaveClicked(kSaveBtn,null,true)w could not be applied retroactively and the state Supreme Court upheld that ruling.
Bernstein argued in her legal brief that the move by state lawmakers to change the law marked a "tectonic shift in how Georgia views voluntary consensual teen sex and its punishment."
"The new reality is that teen sexual experimentation is commonplace in an era where the media bombards teens with sexual imagery," she wrote.
Bernstein said it is extremely rare in Georgia for lawmakers to pass legislation softening punishment, especially for an emotionally charged crime like child molestation.
But the state countered that it is well established that criminals are subject to the penalty that is in place when they violate the law. To begin to apply legislative changes retroactively would invite chaos and have a far-reaching effect throughout the criminal justice system, Baker argued.
"The decision in this case not only affects Petitioner, but it potentially affects countless others who may be in the prison system or on probation or who have completed their sentences," he wrote.
Related listings
-
Court Gags Broadway Beast Actor's Lawyer
Lawyer Blogs 07/20/2007[##_1L|1171387283.jpg|width="120" height="88" alt=""|_##]A lawyer for a Broadway actor accused of having sexual contact with a 15-year-old girl may not publicize the teen's name in an effort to learn whether she has falsely accused anyone of molestin...
-
Patent Reform Bill Moves Forward in U.S. House
Lawyer Blogs 07/19/2007[##_1L|1302943443.jpg|width="140" height="135" alt=""|_##]Tech has a friend in the house. In a unanimous voice vote, the U.S. House Judiciary Committee this week endorsed patent-reform legislation, which the tech industry has been pushing for decades...
-
Microsoft Hit With A Second Xbox 360 Class Action Suit
Lawyer Blogs 07/19/2007Microsoft has been hit with a new class action lawsuit alleging that the company's Xbox 360 console damages game discs. "Microsoft improperly and/or negligently manufactured the Xbox 360 console in a manner that causes the expensive game discs ... to...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.