ATLANTA, GA (WALB) - In a 5-to-2 decision, the Georgia Supreme Court has reversed a Tift County judge's refusal to remove a man convicted of sexually molesting his young daughter from the state's sex offender registry.
WALB is not identifying the man to shield the identity of the victim in the case.
Justice Keith Blackwell said the high court agrees with the man that the trial court misinterpreted the statutes detailing under what conditions a sex offender may be released from the registration requirement, "and we reverse the judgment below and remand for further proceedings consistent with this opinion."
At issue in this case is what qualifies as "similar transaction evidence."
According to the facts of the case, between 1984 and 1987, the fondled and had oral sex with his daughter, who was then between 9 and 13 years old.
In 1990, he was convicted of child molestation and two counts of aggravated child molestation, and was sentenced to serve 20 years in prison. He served his time, and asked to be removed from the list, but a court denied him.
The Supreme Court remanded the case back to the lower court for it to make a ruling on whether any other evidence against the man could be considered.