Wrongly Convicted Database Record
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Charge: |
Contempt of Court |
Sentence: |
120 days |
Years Imprisoned: |
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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: |
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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)" |
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Was Perpetrator Identified? |
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Sex: |
Female |
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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 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org