Public-domain · open source
OpenJurist

447 F.2d 1404

Docket No. 71-1522.

Clement v. Laird

Ninth Circuit Court of Appeals

Decided Sept. 23, 1971.

Ninth Circuit Court of Appeals · decided 1971-09-23

Cited by 4 later decisions — most recently October 1971

4 federal appellate ·

2 counsel of record

Relies on Welsh II v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-09-23

View the full empirical analysis of this case →

¶1James L. Vonasch, Seattle, Wash., for petitioner-appellant.

¶2William H. Rubidge, Asst. U. S. Atty., Seattle, Wash., for respondents-appellees.

¶3Before DUNIWAY and CHOY, Circuit Judges, and SOLOMON, District Judge.*

¶5PER CURIAM:

¶6Clement appeals from the denial of his petition for a writ of habeas corpus in which he sought discharge from the Armed Forces as a conscientious objector. He has exhausted his administrative remedies. His beliefs, as stated by him, are such as to present a prima facie case for discharge within the rule of Welsh v. United States, 1970, 398 U.S. 333, 90 S.Ct. 1792, 26 L.Ed.2d 308. *1405There is no claim that he is not sincere. We can find no basis in fact for the denial of discharge.

¶7The order is reversed and the ease is remanded to the District Court with directions to issue the writ, unless within 30 days, the Army grants Clement a discharge as a conscientious objector. The mandate shall issue forthwith.

/447/f2d/1404 · .json · Public domain