PVT. JOHN D. AQUILINO, JR., PETITIONER-APPELLANT,
v.
MELVIN LAIRD, AS SECRETARY OF DEFENSE, ET AL., RESPONDENTS-APPELLEES
PVT. JOHN D. AQUILINO, JR., PETITIONER-APPELLANT,
MELVIN LAIRD, AS SECRETARY OF DEFENSE, ET AL., RESPONDENTS-APPELLEES
429 F.2d 573
Court of Appeals for the Fifth Circuit (1970)
Cited by 3 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Ziskowski, 465 F.2d 480 (3d Cir. 1972)
-
Houston OIL & Minerals Corp. v. Am. Int'l Tool Co., 827 F.2d 1049 (5th Cir. 1987)
-
Airman First Class Jonathan O. Lawson and Airman First Class Gregory L. Palmer v. Laird, 443 F.2d 617 (5th Cir. 1971)
Authorities Cited
- Welsh v. United States, 398 U.S. 333 (U.S. 1970)