Harris v. Schlesinger
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
Before BROWNING and CHOY, Circuit Judges, and SKOPIL,* District Judge. CHOY, Circuit Judge:
Harris, an Army enlistee seeking discharge as a conscientious objector, appeals pursuant to 28 U.S.C. § 2253 from the denial by the district court of his petition for a writ of habeas corpus. We reverse and remand.
On January 25, 1974 Harris filed an application for discharge as a conscientious objector. His application led to a hearing before an investigating officer, an interview with an Army chaplain, and consideration by several officers in his chain of command, all of whom recommended…
2Cases cited5 opinions
- Gonzales v. United StatesSupreme Court of the United States · 1955
- Private Donald Silverthorne, Jr. v. Melvin Laird, Secretary of DefenseCourt of Appeals for the Fifth Circuit · 1972
- Captain Roger G. Sanger v. Honorable Robert C. Seamans, Jr., Secretary of the Air ForceCourt of Appeals for the Ninth Circuit · 1974
- Michael R. Turpin v. Stanley S. Resor, as Secretary of the Army of the United StatesCourt of Appeals for the Ninth Circuit · 1971
- George K. Ward v. John A. Volpe, as Secretary of TransportationCourt of Appeals for the Ninth Circuit · 1973
3Cited by2 opinions
- 96 Cal. Daily Op. Serv. 1061, 96 Daily Journal D.A.R. 1771 Scott J. Roby v. United States Department of the Navy, Secretary Commanding Officer, U.S. Naval Nuclear Power Training Unit in Idaho Falls, IdahoCourt of Appeals for the Ninth Circuit · 1996
- Roby v. United States Department of the NavyCourt of Appeals for the Ninth Circuit · 1996