Maynard v. United States
| Decision Date | 01 May 1969 |
| Docket Number | No. 22887.,22887. |
| Citation | 409 F.2d 505 |
| Parties | Paul Brown MAYNARD, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
J. B. Tietz (argued), Los Angeles, Cal., for appellant.
Larry S. Flax (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Before BARNES and CARTER, Circuit Judges, and VON DER HEYDT,* District Judge.
Appellant, a Jehovah's Witness, was placed in Selective Service Class I-A by both his local Selective Service Board and an Appeal Board, despite his claim to be a conscientious objector. When called for service, he refused to be inducted. This led to his conviction under 50 U.S.C. App. § 462 (Supp. III, 1968) and a sentence of three years imprisonment. He urges on appeal that there was no basis in fact for the Board's refusal to classify him as a conscientious objector, and therefore the conviction must be reversed.
The range of judicial review of the determinations of Selective Service Boards has been called "the narrowest known to the law." Blalock v. United States, 247 F.2d 615, 619 (4th Cir. 1957). The "basis in fact" which will support the Board's decisions need not even rise to the level of "substantial evidence." All that is required is that where the registrant has made out a prima facie case for exemption, there must be "some proof that is incompatible with the registrant's proof of exemption." Dickinson v. United States, 346 U.S. 389, 396, 74 S.Ct. 152, 157, 98 L.Ed. 132 (1953).
The nature of such proof depends upon the nature of the prima facie case. In Dickinson, supra, the registrant claimed to be a "regular or duly ordained minister of religion", which claim he substantiated by evidence consisting of objective facts. In such cases there should be some evidence tending to refute the inference created by such facts, in order to warrant denial of the exemption.
In the instant case, as distinguished from Dickinson, Maynard claims to be a conscientious objector. The United States Supreme Court has stated:
Witmer v. United States, 348 U.S. 375, 381-382, 75 S.Ct. 392, 396, 99 L.Ed. 428 (1955).
Since the statute exempts as...
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...part of the registrant's claim, church activities, only "as time permits," are a criterion for gauging sincerity. Maynard v. United States (C.A. 9) 409 F.2d 505. In this case the defendant, according to the Appeal Agent's report, stated that time had not permitted his recent attendance at F......
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United States v. Griffin, 20010.
...a particular classification, see e. g., Dickinson v. United States, 346 U.S. 389, 74 S.Ct. 152, 98 L.Ed. 132 (1953); Maynard v. United States, 409 F.2d 505 (9th Cir. 1969); Petrie v. United States, 407 F.2d 267 (9th Cir. 1969); Pine v. United States, 212 F.2d 93 (4th Cir. 1954), it has been......
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Thompson v. United States, 71-2939.
...346 U.S. 389, 74 S. Ct. 152, 98 L.Ed. 132 (1953), but it need not rise to the level of substantial evidence. Maynard v. United States, 409 F.2d 505, 506 (9th Cir. 1969). All that is required, where the registrant has made out a prima facie case for exemption, is that `there be some proof th......