Many many thanks to our indefatigable virtual-girl-reporter JanieBelle for her continued updates on the Genarlow Wilson debacle. She’s been leaving her updates in the comments on this post, but I thought I’d summarize here.
Last Thursday Wilson’s defense team was in court before Monroe County Superior Court Judge Thomas Wilson asking that he be released because he was being improperly imprisoned. This was a habeas corpus action. The judge issued his ruling on Monday,and according to a CNN story pointed out by JanieBelle the ruling stated that:
Genarlow Wilson’s punishment was cruel and unusual and voided it on constitutional grounds. The judge reduced the sentence to one year and said Wilson should not be put on Georgia’s sex offender registry, as the old law required.
Georgia’s Attorney General Thurbert Baker immediately appealed. At issue according to AG Wilson is whether the Superior Court judge has the authority to modify a sentence passed by a trial court. On a habeas corpus action a judge can throw out a sentence, but he generally can’t modify it. (Tom, do please consider stepping in here to keeping me from drowning. I’m just about over my head!)
So, Genarlow Wilson remains in prison despite what sounded like good news earlier in the day, and the lawyers will fight over an important procedural point that may not lead to justice when what is really needed is a quick path to a just and rational outcome.