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Humphrey v. Wilson

The defendant's 10-year sentence without possibility of parole for having consensual oral sex with a 15-year-old when defendant was 17 constituted cruel and unusual punishment.

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In Case No. S07A1481, the appellant, Warden Carl Humphrey, appeals from the grant of habeas corpus relief to the appellee, Genarlow Wilson, by the Superior Court of Monroe County hereinafter referred to as the “habeas court”. For the reasons that follow, we conclude that the habeas court properly ruled that Wilson’s sentence of ten years in prison for having consensual oral sex with a fifteen-year-old girl when he was only seventeen years old constitutes cruel and unusual punishment, but erred in convicting and sentencing Wilson for a misdemeanor crime that did not exist when the conduct in question occurred. Because the minimum punishment for the crime for which Wilson was convicted constitutes cruel and unusual punishment, this case must be remanded to the habeas court for it to enter an order reversing Wilson’s conviction and sentence and discharging him from custody. Accordingly, in Case No. S07A1481, we affirm the habeas court’s judgment in part and reverse it in part. In Case No. S07A1606, Wilson appeals the denial, by the Superior Court of Douglas County hereinafter referred to as the “trial court”, of his motion for release on bail during the pendency of the warden’s appeal in Case No. S07A1481. Because the trial court properly denied Wilson’s motion for bail, we affirm the trial court’s judgment.

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