Wrongly Convicted Database Record

 

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Katherine L. Melot

 

Charge:

Contempt Sanctions

Sentence:

Years Imprisoned:

Year Crime:

2012

Year Convicted:

2013

Year Cleared:

2014

U.S. State or Country of Crime:

New Mexico - Federal Case

County or Region of Crime:

Lea

City of Crime:

Hobbs

Result:

Judicially Exonerated

Summary of Case:

"Billy R. Melot and his wife Katherine L. Melot were wrongly sanctioned by a U.S. District Court judge who believed the Melot's fraudulently intervened in the foreclosure of their properties. The judge imposed sanctions consisting of: (1) removal of Mrs. Melot and her children from the property, (2) reimbursement of the government's costs for the hearing, (3) striking of the Melots' pending motions, responses to motions, and requests for stays, and (4) imposition of filing restrictions. The Melot's appealed the judge's order. On September 26, 2014 the U.S. Tenth Circuit Court of Appeals reversed the judge's order because the Melot's only had notice the court was considering contempt, and were not noticed about being sanctioned, and the lack of notice or the opportunity to be heard was a denial of due process in violation of the Fifth Amendment."

Conviction Caused By:

U.S. District Court judge exceeded the Court's authority by finding the Melot's in contempt and imposing sanctions without notice and the opportunity for them to be heard in opposing the contempt action and sanctions.

Innocence Proved By:

"On September 26, 2014 the U.S. Tenth Circuit Court of Appeals reversed the federal judge's order because the Melot's only had notice the court was considering contempt, and the lack of notice or the opportunity to be heard was a denial of due process in violation of the Fifth Amendment."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"USA v. Katherine L. Melot, Billy R. Melot, et al., Nos. 13-2201, 13-2202 (10th Cir., 9-26, 2014) (Reversing order of contempt sanctions)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=16913743781566044843&q=Billy+R.+Melot+and+Katherine+L.+Melot&hl=en&as_sdt=6,48"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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