Latest news and thoughts on Genarlow Wilson

ABC News has this long piece with background and the latest developments in the Genarlow Wilson saga.  The piece has me thinking again about the legality of Wilson’s continued service of a 10-year prison sentence even though the Georgia legislature subsequently “reclassified Wilson’s offense from a felony to a misdemeanor” for which the harshest sentence is a year in jail.

Consider this analogy.  Suppose the Maryland legislature repeals the state’s death penalty, but does not address what to do about the nine persons current on Maryland’s death row.  Would it be proper (or constitutional) for prosecutors to still seek the execution of these nine previously-convicted capital offenders? 

If it feels very wrong to imagine seeking the execution of previously convicted capital defendants after a legislative repeal of the death penalty, Genarlow Wilson’s continued imprisonment should also feel very wrong.  Wilson has already served twice as long a sentence as Georgia law now currently provides for his crime.  I view continuing to imprison Wilson based on a conviction with a now-repealed sentencing term to be analogous to trying to execute a capital defendant even after a repeal of the death penalty.

Some related Genarlow Wilson posts:

• Will the Georgia legislature help Genarlow Wilson get justice?
• CNN covers Genarlow Wilson case, who’s next?
• ESPN effectively covers Genarlow Wilson’s sad saga
• Why isn’t the severe Georgia sentence constitutionally problematic?
• CNN with additional coverage of Genarlow Wilson case
• Ugly debate in Wilson case

UPDATE:  A loyal reader points to 1 U.S.C. § 109, a provision of federal law that states:

The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.

I guess that means that, in 2009, if President Hillary Clinton signs a bill passed by Congress to repeal the federal death penalty, Attorney General Bill Clinton can and should still seek the execution of the roughly 50 defendants on federal death row unless that legislation expressly provides for a different sentence for these previously convicted capital killers.