(Download) "United States v. Kelly" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: United States v. Kelly
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 31, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appellant appeals from his conviction for refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a). We reverse because the local board clerk's failure to transmit to the local board members information in support of appellant's high school deferment was prejudicial error amounting to a denial of procedural due process. The facts are uncontroverted by either party. Appellant registered with Local Board No. 59 in Santa Cruz, California on November 25, 1968. A completed Current Information Questionnaire (SSS Form 100) was returned on May 12, 1969 and was accompanied by a note indicating that appellant intended to complete his one remaining semester of high school in September of that year. On June 16, 1969, Kelly was classified I-A (available for military service) by the local board. No appeal was taken from this classification. On August 6, 1969, the local board was notified by the principal of the Santa Cruz Adult Education Program that appellant had registered for two classes and that upon satisfactory completion he would receive his high school diploma by June, 1970. The board took no action on this information, and on July 24, 1970, appellant was mailed an induction order, with a reporting date of August 12, 1970, which was subsequently changed to November 25, 1970. Appellant's refusal to submit to induction on that date precipitated his prosecution and eventual conviction.
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