Pvt. John D. Aquilino, Jr. v. Melvin Laird, as Secretary of Defense

Fifth Circuit

Pvt. John D. Aquilino, Jr. v. Melvin Laird, as Secretary of Defense

429 F.2d 573, 1970 U.S. App. LEXIS 8512

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 24, 1970

Docket29986_1

StatusPublished

Cited by3 cases

This text of 429 F.2d 573 (Pvt. John D. Aquilino, Jr. v. Melvin Laird, as Secretary of Defense) 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.

Bluebook

Pvt. John D. Aquilino, Jr. v. Melvin Laird, as Secretary of Defense, 429 F.2d 573, 1970 U.S. App. LEXIS 8512 (5th Cir. 1970).

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Opinion

PER CURIAM:

This case comes to us on a motion for injunction pending appeal. Appellant sought release from the army as a conscientious objector. His request was denied. Thereafter his petition for a writ of habeas corpus was denied on the ground that there was a basis in fact for the finding by the army that appellant’s views as a conscientious objector had not undergone material change since induction.

The record discloses that the question whether appellant’s views had a religious basis was necessarily interwined in the larger question of a change in views subsequent to induction. The decision of the Supreme Court in Welsh v. United States, 398 U.S. 333, 90 S.Ct. 1792, 26 L. Ed.2d 308 (Decided June 15, 1970), supervened the decision of the district court. We conclude that the matter should be reconsidered by the district court in light of Welsh v. United States. The judgment will be vacated and the case remanded to the district court for that pui’pose.

Vacated and remanded with direction.

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PER CURIAM:

This case comes to us on a motion for injunction pending appeal. Appellant sought release from the army as a conscientious objector. His request was denied. Thereafter his petition for a writ of habeas corpus was denied on the ground that there was a basis in fact for the finding by the army that appellant’s views as a conscientious objector had not undergone material change since induction.

The record discloses that the question whether appellant’s views had a religious basis was necessarily interwined in the larger question of a change in views subsequent to induction. The decision of the Supreme Court in Welsh v. United States, 398 U.S. 333, 90 S.Ct. 1792, 26 L. Ed.2d 308 (Decided June 15, 1970), supervened the decision of the district court. We conclude that the matter should be reconsidered by the district court in light of Welsh v. United States. The judgment will be vacated and the case remanded to the district court for that pui’pose.

Vacated and remanded with direction.

Airman First Class Jonathan O. Lawson and Airman First Class Gregory L. Palmer v. Melvin Laird, as Secretary of Defense, Robert C. Seamans, as Secretary of the Air Force Colonel Grover Reat, as Base Commander, Goodfellow Air Force Base, No. 71-1292 Summary Calendar. (1) Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part I

443 F.2d 617 (First Circuit, 1971)

Lawson v. Laird

443 F.2d 617 (First Circuit, 1971)

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429 F.2d 573, 1970 U.S. App. LEXIS 8512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pvt-john-d-aquilino-jr-v-melvin-laird-as-secretary-of-defense-ca5-1970.

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