Legal Opinion
United States v. Roberto Alfredo Davila
Court of Appeals for the Fifth Circuit
Decided September 4, 1970No. 28076_1PublishedCited by 23 opinions
1Opinion of the Court
GODBOLD, Circuit Judge:
Davila was denied the classification of conscientious objector by his local draft board. Thereafter he refused to submit to induction, and was convicted by a jury of such refusal, 50 U.S.C. App. § 462(a). We reverse because Davila presented a prima facie case for CO status and the board acted without basis in fact in denying his claim.
In November, 1965, Davila, then in high school, completed a Current Information Questionnaire, SSS Form 127, and requested that he be sent a copy of SSS Form 150 so that he might claim CO status. A form was not sent. He was deferred for…
2Cases cited19 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
- Witmer v. United StatesSupreme Court of the United States · 1955
- Sicurella v. United StatesSupreme Court of the United States · 1955
- Winburn Carson Kessler v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- United States v. Claude James, Jr.Court of Appeals for the Fourth Circuit · 1969
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- The Coca-Cola Company v. Federal Trade CommissionCourt of Appeals for the Fifth Circuit · 1973
- United States v. James Anderson DeansCourt of Appeals for the Third Circuit · 1971
- United States v. Christian Winslow HaydenCourt of Appeals for the Ninth Circuit · 1971
- United States v. Allen Dinardo StephensCourt of Appeals for the Third Circuit · 1971
- Rothfuss v. ResorCourt of Appeals for the Fifth Circuit · 1971
18 more not listed; retrieve them via the Exa API.