Daily Archives: June 11, 2007

Comment functionality improved

Just to let you guys know, I’ve improved the performance of comments on this blog. Now, you can quote other comments and respond to them individually, you can select text in the post and quote that text (use the “quote selected text” link right underneath the comment box) and see a live preview of your comment while you type it.


Glenarlow Wilson wins state Habeas and State appeals

Update: The State has appealed the grant of the habeas corpus petition. Several commenters (here and around the blogosphere) wonder why. The CNN article provides some clues:

In a written statement, Georgia Attorney General Thurbert Baker said he filed the appeal to resolve “clearly erroneous legal issues,” saying that while the judge did have the authority to grant habeas relief, he did not have the authority “to reduce or modify the judgment of the trial court.”

That’s exactly why I thought they were appealing (see comments below). I haven’t dealt with habeas trials where the claim raised was an 8th Amendment claim, so this particular remedy might be appropriate (maybe CDW has some input). However, in the context of your regular habeas petition claims, the remedy is usually to vacate the conviction and return the case to the trial docket. In the limited circumstance of breach of plea agreement (Santobello v. New York) claims, specific performance may be ordered by a court, but that clearly isn’t the case here.

In addition, I think the State doesn’t want to leave this opinion out there to serve as precedent for future habeas petitions.

Original: Glenarlow Wilson’s (previous coverage here) state petition for a Writ of Habeas Corpus was granted today, on the grounds that his sentence was “cruel and unusual” (he was sentenced to 1o years and life-time sex offender registration). The Habeas judge instead imposed a sentence of 12 months to serve.

Judge Wilson agreed the 10-year prison sentence “would be viewed by society as ‘cruel and unusual’ in the Constitutional sense of disproportionality.”

“The fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor… and will spend eight more years in prison is a grave miscarriage of justice,” Wilson wrote in his order, which was released this morning.

“If any case fits into the definitive limits of a miscarriage of justice, surely this case does.”

Wilson added, “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 matter.”

While Wilson should be released within 48 hours, it is more likely than not that the released will be stayed pending an appeal by the State.

SL&P has more here and here.