Emerson v. McKean

Memorandum of Decision

POINTER, District Judge.

On January 29, 1971, the petitioner, Charles Ray Emerson, filed an amended petition seeking a writ of habeas corpus to compel his discharge from the Army as a “conscientious objector” (hereafter sometimes referred to as a “C.O.”). In response to a show cause order, his commanding officers at Fort McClellan, Alabama, filed an answer and a certified copy of the “file” which had been before the Department of the Army when it denied Emerson’s application for discharge as a C.O. A hearing was held on this answer on February 5, 1971, at which time…