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Wrongly Convicted Database Record
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Charge: |
Contempt of Court |
Sentence: |
10 days |
Years Imprisoned: |
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Year Crime: |
1961 |
Year Convicted: |
1961 |
Year Cleared: |
1962 |
U.S. State or Country of Crime: |
North Carolina |
County or Region of Crime: |
Randolph |
City of Crime: |
Asheboro |
Result: |
Judicially Exonerated |
Summary of Case: |
"Ottway Burton was an attorney wrongly convicted on December 29, 1961 of direct contempt of court for his failure to attend a hearing with his client in a divorce proceeding in Randolph County, North Carolina. After his conviction in absentia by Superior Court Judge Hal H. Walker, Burton was sentenced to serve 10 days in jail. After 11 hours in custody Burton was released on bond. Judge Walker held a hearing on January 6, 1962 that resulted in him again finding that Burton's conduct on December 29, 1961, "constituted a direct contempt of this Court." Burton appealed. On July 10, 1962 the North Carolina Supreme Court unanimously reversed Burton's conviction. The Court stated "Judge Walker's orders recite the transaction, find facts and make conclusions. No word, act or gesture is specified in either order which amounts to a direct contempt. Burton was within his rights in refusing to explain his failure to appear. Furthermore, he was taken into custody and brought before the Judge against his will and in violation of his rights. ... The Superior Court of Randolph County at its next civil term after this decision is certified thereto shall enter judgment vacating the orders of Judge Walker in this cause, dated 29 December 1961 and 6 January 1962, and the order of Judge Gwyn dated 29 December 1961, and discharging contemnor, Ottway Burton." (In re Burton, 126 SE 2d 581 (NC Supreme Court 1962)" |
Conviction Caused By: |
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Innocence Proved By: |
"On July 10, 1962 the North Carolina Supreme Court unanimously reversed Burton's conviction. The Court stated "Judge Walker's orders recite the transaction, find facts and make conclusions. No word, act or gesture is specified in either order which amounts to a direct contempt. Burton was within his rights in refusing to explain his failure to appear. Furthermore, he was taken into custody and brought before the Judge against his will and in violation of his rights. ... The Superior Court of Randolph County at its next civil term after this decision is certified thereto shall enter judgment vacating the orders of Judge Walker in this cause, dated 29 December 1961 and 6 January 1962, and the order of Judge Gwyn dated 29 December 1961, and discharging contemnor, Ottway Burton." (In re Burton, 126 SE 2d 581 (NC Supreme Court 1962)" |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"In re Burton, 126 SE 2d 581 (NC Supreme Court 1962) (Reversing conviction)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=10187906472247807567&q=%22contempt+of+court%22+reversed&hl=en&as_sdt=4,34" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org