Albert v. Frisby v. General Stanley Larsen

This is an appeal from the district court’s grant of a writ of habeas corpus to an in-service conscientious objector. Frisby v. Larsen (N.D.Cal.1971) 330 F. Supp. 545. The majority has sustained the action of the district court.

*246Two principal questions are involved:(1) Was there a basis in fact for the military’s decision not to grant appellee Frisby a I-O classification, within five months of granting him a I-A-O [noncombatant] classification ?(2) May demeanor evidence alone provide a basis in fact?

Respectfully disagreeing with the majority, I dissent and would reverse, answering both…