December 18, 2006
Georgia Supreme Court Honors No Retroactivity Provision in Tough Case
This is an interesting case. Defendant was 17 when he consensually received oral sex from his 15 year old girlfriend. He's sentenced, properly, under then existing statutes to 10 years without the possibility of parole. Legislature then reacts by changing the statutes so that, essentially, if two people aren't that afar apart in years, the penalty isn't as great. But, when it does so, for whatever reason, it makes the amendment prospective, only, even though this case was somewhat infamous by then.
Just recently the Georgia Supreme Court denied reconsideration in the case, with a concurring opinion filed by Judge Hunstein (who was recently the subject of some pretty ridiculous attacks here when she was up for reelection). You can read it here.
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