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Clay Vs. United States
Cites for this judgment
- US Supreme Court
- Jun 28, 1971
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Clay v. UnitedSearch
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States - 403 U.S. 698 (1971) U.S. Supreme Court Clay v. UnitedSearch
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States, 403 U.S. 698 (1971) Clay v. UnitedSearch
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offered in the Justice Department's letter that board relied, petitioner's conviction must be reversed. Sicurella v. UnitedSearch
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must satisfy three basic tests. He must show that he is conscientiously opposed to war in any form. Gillette v. UnitedSearch
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opposition is based upon religious training and belief, as the term has been construed in our decisions. United States v. SeegerSearch
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Welsh v. UnitedSearch
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States, 398 U. S. 333 . And he must show that this objection is sincere. Witmer v. UnitedSearch
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not with its own interpretation of the dogma of the religious sect, if any, to which he may belong. United States v. SeegerSearch
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Gillette v. UnitedSearch
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Williams v. UnitedSearch
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Estep v. UnitedSearch
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but is only selectively opposed to certain wars. See Gillette v. UnitedSearch
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Brief any citation in this list with AI Studio
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U. S. 702 in war in any form can support an exemption as a conscientious objector under the Act. United States v. KautenSearch
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where, as here, his conscientious objector claim was not asserted until military service became imminent. Campbell v. UnitedSearch
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States, 221 F.2d 454. United States v. CorlissSearch
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as defined in United States v. SeegerSearch
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substantial part from his devotion to Allah as the Supreme Being. Thus, under this Court's decision in United States v. SeegerSearch
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surely no less religiously based than those of the three registrants before this Court in Seeger. See also Welsh v. UnitedSearch
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it should disregard this finding simply because of the circumstances and timing of the petitioner's claim. See Ehlert v. UnitedSearch
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Lehman v. LairdSearch
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United States v. AbbottSearch
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Tobias v. LairdSearch
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Cohen v. LairdSearch
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sincerely held. This case, therefore, falls squarely within the four corners of this Court's decision in Sicurella v. UnitedSearch
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was hardly new. It was long ago established as essential to the administration of criminal justice. Stromberg v. CaliforniaSearch
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Service law goes back at least to 1945, and Judge Learned Hand's opinion for the Second Circuit in United States v. CainSearch
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by the federal courts in dealing with the criminal sanctions of the selective service laws. See, e.g., United States v. LemmensSearch
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United States v. BroylesSearch
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United States v. HaughtonSearch
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United States v. JakobsonSearch
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F.2d 409, 416-417 (CA2 1963), aff'd sub nom. United States v. SeegerSearch
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Kretchet v. UnitedSearch
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Ypparila v. UnitedSearch
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United States v. EnglanderSearch
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United States v. EriksonSearch
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F.2d 901, was set aside by this Court on a ground wholly unrelated to the issues now before us, sub nom. Giordano v. UnitedSearch
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DOUGLAS, concurring. I would reverse this judgment of conviction and set the petitioner free. In Sicurella v. UnitedSearch
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know that the jihad of the Moslem was a bloody war. This case is very close in its essentials to Negre v. LarsenSearch
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For the reasons I stated in Negre and in Gillette v. UnitedSearch
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As to the Court's analysis of Sicurella v. UnitedSearch
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States, 348 U. S. 385 , and its application of Stromberg v. CaliforniaSearch
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as explained in Gillette v. UnitedSearch
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States, and Negre v. LarsenSearch
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Since the Appeals Board might have acted on such an interpretation of the letter, reversal is required under Sicurella v. UnitedSearch
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U.S. Supreme Court Clay v. UnitedSearch
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Sicurella v. UnitedSearch
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Witmer v. UnitedSearch
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