clear
Monday May 30th, 2016 1:01AM

State Supreme Court overturns ruling in Hall Co. child molestation case

By Ken Stanford Reporter
ATLANTA - The Georgia Supreme Court Monday unanimously reversed a Georgia Court of Appeals decision and ruled that a Hall County court did not err in re-sentencing a man convicted of child molestation.

With the ruling, written by Justice Carol Hunstein, the high court has broken with precedent and overruled its decades-old decision in Anthony v. Hopper. At issue in this case is the proper method for determining whether a re-sentence improperly results in a more severe sentence or not.

Claude Wayne Hudson was convicted in Gainesville in November 2009 of aggravated sexual battery and child molestation and sentenced him to life on the aggravated sexual battery charge, with 25 years to serve in prison and the remainder on probation. He was also sentenced to 30 years on the child molestation charge, with 10 years to serve in prison and the remainder on probation. The sentences were to run concurrently so he was due to spend a total of 25 years in prison.

Hudson appealed and the state Court of Appeals sided with him and on another appeal that occurred after he was re-sentenced by a Hall County judge - and, again, the appeals court ruled in his favor.

Monday's supreme court ruling overturning the appeals court decision was unanimous.

Click on the link below to read Monday's ruling
© Copyright 2016 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Ethics laws set to take effect Jan. 1 in Georgia
After dominating much of the legislative session, a set of major ethics reforms is scheduled to take effect Jan. 1.
7:04PM ( 2 years ago )
Sex offender held in Hall County for failing to register
A 47-year-old man was booked into the Hall County Jail Tuesday, being held without bond for allegedly failing to register as a sex offender, his second such arrest.
6:09PM ( 2 years ago )
Pharmacy robberies may involve same suspect
Oakwood Police Tuesday afternoon released details in a pharmacy robbery they're investigating, similar to one that happened in the Hall County Tuesday morning.
5:46PM ( 2 years ago )
Local/State News
Gainesville area leads Georgia for most Memorial Day weekend BUIs
The Georgia Department of Natural Resources has released statistics on boating incidents for the Memorial Day Weekend and the Gainesville area has seen the most Boating Under the Influence incidents of any major waterway in the state.
10:00PM ( 3 hours ago )
Alexander Rossi pulls off stunning upset in 100th Indy 500
Alexander Rossi outlasted his faster rivals _ and his fuel tank _ for a stunning victory Sunday in the 100th running of the Indianapolis 500
5:50PM ( 7 hours ago )
Braselton hospital first in state for StormReady certification
The Braselton campus of the Northeast Georgia Medical Center has been designated with the StormReady certification from the National Weather Service.
1:30PM ( 11 hours ago )
City of Oakwood prepares for widening of Old Oakwood Road
The city of Oakwood is planning to widen a portion of Old Oakwood Road to improve traffic operations along the commercial corridor.
10:30AM ( 14 hours ago )
Two injured in Saturday wreck on Queen City Parkway
Two people were taken to Northeast Georgia Medical Center Saturday afternoon following a wreck on Queen City Parkway.
10:06AM ( 14 hours ago )