Wrongly Convicted Database Record
|
Charge: |
Criminal Contempt |
Sentence: |
"$5,000 fine" |
Years Imprisoned: |
|
Year Crime: |
2008 |
Year Convicted: |
2008 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
District of Columbia |
County or Region of Crime: |
District of Columbia |
City of Crime: |
District of Columbia |
Result: |
Judicially Exonerated |
Summary of Case: |
"W. Stuart Battle was wrongly summarily convicted in 2008 of criminal contempt by District of Columbia Superior Court Judge Brian Holeman. Battle was fined $5,000, which he paid in January 2009. In 2009 the D.C. Court of Appeals vacated Battle's criminal contempt conviction. Judge Holeman denied Battle's petition for return of the $5,000 he paid for the fine. Battle filed an appeal in the D.C. Court of Appeals In October 2010. The appeals court ordered briefs to be filed by Judge Holeman, the U.S. Attorney's Office, and Battle. On November 15, 2010 Judge Holeman filed his brief claiming he had no authority to order refund of the $5,000 because When a fine paid to the Clerk of the Court has passed into the treasury of the state, it is beyond the legal control of the Court." The U.S. Attorney's Office did not oppose return of Battle's $5,000. On November 23, 2010 the D.C. Court of Appeals issued a Memorandum Order that Battle's $5,000 be returned to him. Later in the day on November 23, Judge Holeman issued a Disbursement Order that the Clerk of the Superior Court pay $5,000 to W. Stuart Battle "in reimbursement of the fine paid on January 6, 2009."" |
Conviction Caused By: |
|
Innocence Proved By: |
In 2009 the D.C. Court of Appeals vacated Battle's criminal contempt conviction. |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Male |
Skin/Ethnicity: |
|
Information Source 1: |
"Contempt Conviction Vacated, Doctor Battles For Return of $5,000 Fine, The BLT - The Bog of LegalTimes, November 16, 2010" |
Information Location 1: |
http://legaltimes.typepad.com/blt/2010/11/contempt-conviction-vacated-doctor-battles-for-return-of-5000-fine.html |
Information Source 2: |
"Fine mess for judge, By Mike Scarcella (staff), The National Law Journal, November 15, 2010" |
Information Location 2: |
http://www.law.com/jsp/nlj/legaltimes/PubArticleLT.jsp?id=1202474819942&Fine_mess_for_judge&hbxlogin=1&slreturn=20131103145908 |
Information Source 3: |
"In Re: W. Stuart Battle, Superior Court of the Dist of Columbia, Civil Div., Case No. 2008 CNC 526, Disbursement Order, Nov. 23, 2010 (Judge Brian F. Holeman)" |
Information Location 3: |
http://legaltimes.typepad.com/files/washington-320993-v1-holeman_disbursement_order_and_memorandum.pdf |
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org