Legal Opinion · Concurring in part, dissenting in part

Humphrey v. Wilson

Supreme Court of Georgia

Decided October 26, 2007No. S07A1481, S07A1606Published

1Concurring in part, dissenting in partCarley, Justice

I concur fully in affirmance of the judgment in Case Number S07A1606, since the clear and unambiguous terms of OCGA § 17-6-1 (g) preclude bail for anyone who is serving a sentence for commission of the crime of which, at least until today, Wilson stood convicted. In Case Number S07A1481, however, the majority demonstrates that its commitment to effectuating clear and unambiguous statutory language is wholly subjective and entirely selective. There, it employs the guarantee against cruel and unusual punishment as a guise to extend the applicability of the 2006 amendment to OCGA § 16-6-4…

2Cases cited12 opinions

  1. Weems v. United StatesSupreme Court of the United States · 1910
  2. Fleming v. ZantSupreme Court of Georgia · 1989
  3. Powell v. StateSupreme Court of Georgia · 1998
  4. State v. MarloweSupreme Court of Georgia · 2003
  5. Fullwood v. SivleySupreme Court of Georgia · 1999

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