GREGORY LEE MERRITT, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appellant failed to establish a prima facie case for a ministerial exemption and that his constitutional claims regarding representation and process were without merit.
Appellant, a Jehovah's Witness, was convicted of failing to perform civilian work under the Universal Military Training and Service Act. He sought a m…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Representation By Counsel cases and more on FLexlaw
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Camp v. United States, 413 F.2d 419 (5th Cir. 1969)
-
Julita David Robertson v. United States, 417 F.2d 440 (5th Cir. 1969)
-
McCOY v. United States, 403 F.2d 896 (5th Cir. 1968)
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- Estep v. United States, 327 U.S. 114 (U.S. 1946)
- Dickinson v. United States, 346 U.S. 389 (U.S. 1953)
- Witmer v. United States, 348 U.S. 375 (U.S. 1955)
- Greer v. United States, 378 F.2d 931 (5th Cir. 1967)
- Wood v. United States, 389 U.S. 20 (U.S. 1967)
- Lydle Wayne Fitts v. United States, 334 F.2d 416 (5th Cir. 1964)
- Imboden v. United States, 194 F.2d 508 (6th Cir. 1952)
- Wiggins v. United States, 261 F.2d 113 (5th Cir. 1958)
- United States v. Capson, 347 F.2d 959 (10th Cir. 1965)
- Gen. Armature & Mfg. Co. v. Nat'l Labor Relations Bd., 343 U.S. 957 (U.S. 1952)