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Rob Wilmot wins appeal before the Georgia Supreme Court

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On May 6, 2013 Rob Wilmot and Emily Vowell appeared before the Georgia Supreme Court in the case of Watson v. State, 293 Ga. 817, 750 S.E.2d 143, 13 FCDR 3243 (2013). In this case, Mr. Watson, a City of Nashville Police Officer, was indicted, tried, and convicted of two counts of solicitation of sodomy and two counts of violation of oath of office. Mr. Watson was sentenced to two years in prison, followed by three years on probation. Mr. Watson appealed, and Mr. Wilmot argued that the statute prohibiting the solicitation of sodomy was unconstitutional in that it violated Mr. Watson’s right to privacy, right to free speech and right to due process. In addition, Mr. Wilmot argued that the evidence presented at trial was insufficient to convict Mr. Watson of solicitation of sodomy; therefore, his convictions for violation of oath of office predicated on the solicitation counts must also be reversed.

On October 21, 2013, the Georgia Supreme Court issued their opinion agreeing with Mr. Wilmot and reversed Mr. Watson’s convictions, opining that the evidence presented at trial was insufficient to convict Mr. Watson of solicitation of sodomy. Based on that decision, Mr. Watson’s convictions for violation of oath of office were also reversed.

Watch Mr. Wilmot present his argument here:

http://www.dailyreportonline.com/id=1202599117057

Read the Georgia Supreme Court opinion here:

http://statecasefiles.justia.com/documents/georgia/supreme-court/s13a0784.pdf?ts=1382357040