U.S. Court of Appeals for the Fifth Circuit, 1970

Pvt. John D. Aquilino, Jr. v. Melvin Laird, as Secretary of Defense

U.S. Court of Appeals for the Fifth Circuit · Decided June 24, 1970 · Bell, Ainsworth, Godbold

429 F.2d 573; 1970 U.S. App. LEXIS 8512 (Federal Reporter, Second Series)

Counsel

Maury Maverick, Jr., San Antonio, Tex., for petitioner-appellant., Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., for respondents-appellees.

Cases that cite this one

3 later published cases cite this decision. The 2 that cite it most often are listed here.

Lawson v. Laird (1st Cir. 1971)
Lawson v. Laird (5th Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

This case comes to us on a motion for injunction pending appeal. Appellant sought release from the army as a conscientious objector. His request was denied. Thereafter his petition for a writ of habeas corpus was denied on the ground that there was a basis in fact for the finding by the army that appellant’s views as a conscientious objector had not undergone material change since induction.

The record discloses that the question whether appellant’s views had a religious basis was necessarily interwined in the larger question of a change in views subsequent to induction. The decision of the Supreme Court in Welsh v. United States, 398 U.S. 333, 90 S.Ct. 1792, 26 L. Ed.2d 308 (Decided June 15, 1970), supervened the decision of the district court. We conclude that the matter should be reconsidered by the district court in light of Welsh v. United States. The judgment will be vacated and the case remanded to the district court for that pui’pose.

Vacated and remanded with direction.

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