Gregory Lee Merritt v. United States

Fifth Circuit

Gregory Lee Merritt v. United States

401 F.2d 768, 1968 U.S. App. LEXIS 5254

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 15, 1968

Docket25840

StatusPublished

Cited by15 cases

This text of 401 F.2d 768 (Gregory Lee Merritt v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gregory Lee Merritt v. United States, 401 F.2d 768, 1968 U.S. App. LEXIS 5254 (5th Cir. 1968).

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Opinion

PER CURIAM:

Appellant, a Jehovah’s Witness, contending that he is entitled to a ministerial exemption, seeks reversal of a judgment of conviction of failing and refusing to perform civilian work under the Universal Military Training and Service Act, 50 App.U.S.C.A. § 456(j) and 462 (a). We affirm.

Convinced that the factual setting of this case does not take it out of the ambit of well settled precedents, it suffices to say that the record clearly discloses that the appellant wholly failed to discharge his burden of establishing a prima facie case for a ministerial exemption, Dickinson v. United States, 1953, 346 U.S. 389, 74 S.Ct. 152, 98 L.Ed. 132; Witmer v. United States, 1955, 348 U.S. 375, 75 S.Ct. 392, 99 L.Ed. 428; Matyastik v. United States, 5 Cir. 1968, 392 F.2d 657; Jones v. United States, 5 Cir. 1968, 387 F.2d 909; Wiggins v. United States, 5 Cir. 1958, 261 F.2d 113, and that there was substantial basis in fact for the local board’s declination to reopen the appellant’s classification as a conscientious objector and to grant him a ministerial exemption. Estep v. United States, 1946, 327 U.S. 114, 66 S.Ct. 423, 90 L.Ed. 567; Wood v. United States, 5 Cir. 1967, 373 F.2d 894, vacated, other grounds, 389 U.S. 20, 88 S.Ct. 3, 19 L.Ed.2d 20; Greer v. United States, 5 Cir. 1967, 378 F.2d 931; Fitts v. United States, 5 Cir. 1964, 334 F.2d 416.

Appellant’s further assertion that his constitutional rights have been violated because of the absence of provisions in the Selective Service Act and Regulations for representation by counsel before the local board, for compulsory process, and for the confrontation of witnesses against him, is without merit. The procedure under the draft law and classification by a local board is in no way penal, nor is it a criminal trial with the right to be represented by counsel, and to call, examine and cross-examine witnesses. United States v. Capson, 10 Cir. 1965, 347 F.2d 959, 962; Imboden v. United States, 6 Cir. 1952, 194 F.2d 508, 513, cert. denied, 343 U.S. 957, 72 S.Ct. 1052, 96 L.Ed. 1357.

Affirmed.

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PER CURIAM:

Appellant, a Jehovah’s Witness, contending that he is entitled to a ministerial exemption, seeks reversal of a judgment of conviction of failing and refusing to perform civilian work under the Universal Military Training and Service Act, 50 App.U.S.C.A. § 456(j) and 462 (a). We affirm.

Convinced that the factual setting of this case does not take it out of the ambit of well settled precedents, it suffices to say that the record clearly discloses that the appellant wholly failed to discharge his burden of establishing a prima facie case for a ministerial exemption, Dickinson v. United States, 1953, 346 U.S. 389, 74 S.Ct. 152, 98 L.Ed. 132; Witmer v. United States, 1955, 348 U.S. 375, 75 S.Ct. 392, 99 L.Ed. 428; Matyastik v. United States, 5 Cir. 1968, 392 F.2d 657; Jones v. United States, 5 Cir. 1968, 387 F.2d 909; Wiggins v. United States, 5 Cir. 1958, 261 F.2d 113, and that there was substantial basis in fact for the local board’s declination to reopen the appellant’s classification as a conscientious objector and to grant him a ministerial exemption. Estep v. United States, 1946, 327 U.S. 114, 66 S.Ct. 423, 90 L.Ed. 567; Wood v. United States, 5 Cir. 1967, 373 F.2d 894, vacated, other grounds, 389 U.S. 20, 88 S.Ct. 3, 19 L.Ed.2d 20; Greer v. United States, 5 Cir. 1967, 378 F.2d 931; Fitts v. United States, 5 Cir. 1964, 334 F.2d 416.

Appellant’s further assertion that his constitutional rights have been violated because of the absence of provisions in the Selective Service Act and Regulations for representation by counsel before the local board, for compulsory process, and for the confrontation of witnesses against him, is without merit. The procedure under the draft law and classification by a local board is in no way penal, nor is it a criminal trial with the right to be represented by counsel, and to call, examine and cross-examine witnesses. United States v. Capson, 10 Cir. 1965, 347 F.2d 959, 962; Imboden v. United States, 6 Cir. 1952, 194 F.2d 508, 513, cert. denied, 343 U.S. 957, 72 S.Ct. 1052, 96 L.Ed. 1357.

Affirmed.

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401 F.2d 768, 1968 U.S. App. LEXIS 5254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-lee-merritt-v-united-states-ca5-1968.

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