Wrongly Convicted Database Record

 

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Sheila Huff O'Briant

 

Charge:

Contempt of Court

Sentence:

120 days

Years Imprisoned:

Year Crime:

1982

Year Convicted:

1983

Year Cleared:

1985

U.S. State or Country of Crime:

North Carolina

County or Region of Crime:

Durham

City of Crime:

Durham

Result:

Judicially Exonerated

Summary of Case:

"Sheila Huff O'Briant was wrongly convicted on April 20, 1983 of contempt of court for her failure to attend child custody hearings on February 25, 1982 and March 12, 1982 related to the son she had with her ex-husband. O'Briant was sentenced to serve a total of 120 days in the Durham County Jail. O'Briant appealed, arguing that she was not given proper notice of the contempt hearing as required by Chapter 5A of North Carolina's General Statutes. On September 18, 1984 the North Carolina Court of Appeals affirmed her conviction, and the state supreme court accepted her case for review. On May 7, 1985 the North Carolina Supreme Court unanimously ruled that O'Briant was provided inadequate notice of the contempt hearing, and, "Therefore the decision of the Court of Appeals is reversed, and this case is remanded to that court with instructions that it further remand the case to the district court with order that the contempt judgments in question be vacated." (Sheila Huff O'Briant v. O'Briant, 329 S.E.2d 370, 313 N.C. 432 (1985)"

Conviction Caused By:

Innocence Proved By:

"On May 7, 1985 the North Carolina Supreme Court unanimously ruled that O'Briant was provided inadequate notice of the contempt hearing, and, "Therefore the decision of the Court of Appeals is reversed, and this case is remanded to that court with instructions that it further remand the case to the district court with order that the contempt judgments in question be vacated." (Sheila Huff O'Briant v. O'Briant, 329 S.E.2d 370, 313 N.C. 432 (1985)"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"Sheila Huff O'Briant v. Hubert Ronnie O'Briant, 329 S.E.2d 370, 313 N.C. 432 (NC Supreme Court 1985) (Reversing conviction and ordering dismissal)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=1089607278834468471&q=%22contempt+of+court%22+reversed&hl=en&as_sdt=4,34"

Information Source 2:

"O'Briant v. O'Briant, 320 S.E.2d 277 (NC Ct. of Appeals 1984) (Affirming conviction)"

Information Location 2:

http://law.justia.com/cases/north-carolina/court-of-appeals/1984/8314dc991-1.html

Information Source 3:

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

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