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

United States v. James A. Karlock

U.S. Court of Appeals for the Ninth Circuit · Decided May 7, 1970 · Chambers, Wright, Boldt

427 F.2d 156; 1970 U.S. App. LEXIS 9376 (Federal Reporter, Second Series)

Counsel

G. Bernhard Fedde (argued), of Cole, Fedde & Peterson, Portland, Or., for appellant., Vinita Jo Neal (argued), Sp. Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., District of Oregon, Portland, Or., for appellee.

Cases that cite this one

3 later published cases cite this decision.

United States v. Lawrence Gaylord Olson (9th Cir. 1971)
Jack L. Edwards v. Selective Service Local Board No. 111, Newton County, Georgia (5th Cir. 1970)
United States v. Rodwell (United States District Court for the Northern District of California 1972)

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

*157 PER CURIAM:

In this selective service case, Karlock was able to get his claim for conscientious objector classification adequately (so far as a paper showing is concerned) before the Appeals Board. That board rejected his claim. (A Selective Service officer had suggested he do so inasmuch as an appeal was pending from the local board in Karlock’s student classification.)

Selective Service having invited him to make such a claim, we conclude Karlock was entitled to some ruling or notice that would have enabled him to request a personal appearance before the local board. This was not done and we regard it as fatal to the conviction for refusing to be inducted.

If he was entitled to any consideration of his claim, he was entitled to it at the beginning level, as well as the appellate level. That is all we hold.

Judgment reversed.

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