Legal Opinion
United States v. Michael Lee Lowell
Court of Appeals for the Ninth Circuit
Decided January 20, 1971No. 25798PublishedCited by 15 opinions
1Opinion of the Court
HAMLEY, Circuit Judge:
Michael Lee Lowell appeals from his conviction after a non-jury trial for refusing to submit to induction in violation of 50 U.S.C. App. § 462.
Lowell’s principal defense was that an employee in the office of his local selective service board gave him misinformation which caused him to refrain from making an application for conscientious objector status prior to the date on which he was to report for induction.
Such a defense to a criminal prosecution for refusing induction is recognized by this court in “very extreme cases” where there has been unconscionably misleading…
2Cases cited9 opinions
- Parrott v. United StatesCourt of Appeals for the Ninth Circuit · 1966
- United States v. Daniel Owen LloydCourt of Appeals for the Ninth Circuit · 1970
- William Ward Ehlert v. United StatesCourt of Appeals for the Ninth Circuit · 1970
- United States v. James Gordon LansingCourt of Appeals for the Ninth Circuit · 1970
- United States v. Charles Henry BeaverCourt of Appeals for the Fourth Circuit · 1963
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Harry La Verne Timmins, IICourt of Appeals for the Ninth Circuit · 1972
- United States v. Karl Erick BurtonCourt of Appeals for the Eighth Circuit · 1973
- United States v. Peter Ward PaceCourt of Appeals for the Ninth Circuit · 1972
- United States v. Jape Holley TaylorCourt of Appeals for the Fifth Circuit · 1971
- United States v. David Paul BenderCourt of Appeals for the Eighth Circuit · 1972
10 more not listed; retrieve them via the Exa API.