United States v. Willis
| Decision Date | 18 April 1969 |
| Docket Number | No. 26748.,26748. |
| Citation | 409 F.2d 830 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Verstell WILLIS, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Omar W. Franklin, Jr., Valdosta, Ga., (Court-appointed) for defendant-appellant.
Floyd M. Buford, U. S. Atty., Walker P. Johnson, Jr., Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.
Before GEWIN, McGOWAN* and MORGAN, Circuit Judges.
This is an appeal from a denial of a IV-D selective service classification (ministerial exemption) by Local Board No. 141, Tift County, Georgia. Appellant Verstell Willis was originally classified as I-A by the local board; however, this designation was modified to a I-O classification (conscientious objector) by the Appeals Board. Willis subsequently refused to report for civilian employment and was therefore convicted of violating the Universal Military Training and Service Act, 50 U.S.C. App. § 462 (1964). The district judge heard the case without a jury and sentenced Willis to two years imprisonment.
Appellant Willis, a Jehovah's Witness, contended before the local board that he qualified for a ministerial exemption in that he has studied the Bible since he was twelve years of age and has attended and is attending the Theocratic (Ministry) School; is actively preaching his beliefs and attends all church meetings; has given public expression to his views at the ministry school and in door-to-door field ministry; has dedicated his life exclusively to Jehovah; and is a Congregation Publisher of the Watchtower Bible and Tract Society. The trial court held that these facts were insufficient to make out a prima facie case before the board for a ministerial exemption. During the trial, Willis further revealed that he held the positions of Magazine and Territory Servant and Literature Servant in his church.
After a thorough and sifting review of the case law, the Court concludes that the decision of the trial judge must stand. The teachings of Matyastik v. United States, 392 F.2d 657 (5 Cir., 1968), acknowledge that the "burden is on the registrant to make out a prima facie case for exemption before the local board". Under the treble test developed in Fitts v. United States, 334 F.2d 416 (5 Cir., 1964), as to the determination of the ministerial exemption, Willis fails to make a prima facie case for the exemption. Since the newly alleged facts at the trial failed to adequately supplement the evidence in making a prima facie...
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Camp v. United States
...no Sixth Amendment right to counsel in the non-criminal administrative proceedings before the Selective Service Board. United States v. Willis, 5 Cir., 1969, 409 F.2d 830; Fleming v. United States, 5 Cir., 1969, 406 F.2d 1247; Chaney v. United States, 5 Cir., 1969, 406 F.2d 809; McCoy v. Un......
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United States v. Reeves, Crim. No. 70-174.
...the request. Registrants have no constitutional right to be represented by counsel when dealing with local boards. United States v. Willis, 409 F.2d 830 (5 Cir. 1969); Merritt v. United States, 401 F. 2d 768 (5 Cir. 1968). They are forbidden to have counsel in proceedings before local board......
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Wolcott v. Norton, Civ. A. No. B-604.
...Davis v. Attorney General, 425 F.2d 238 (5th Cir. 1970); Jackson v. Attorney General, 447 F.2d 747 (5th Cir. 1971); Willis v. United States, 409 F.2d 830 (5th Cir. 1971). But the Government contends such pretrial time should not be credited against Wolcott's federal sentence since it has al......
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Radcliffe v. Clark, 71-2210.
...did receive such credit, and the documents submitted confirm that contention. The recent case of Willis v. United States, 409 F.2d 830 (5th Cir., No. 30700, filed February 10, 1971), does not require a different result. There, the petitioner had been arrested by federal authorities and admi......