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Mulloy v. United States, 398 U.S. 410 (1970)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Mulloy v. United States, 398 U.S. 410 (1970)
Mulloy v. United States No. 655 Argued April 20, 1970 Decided June 15, 1970 398 U.S. 410
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Petitioner, who had been classified I-A, applied to his local Selective Service Board for a I-O classification as a conscientious objector, filing the appropriate form with detailed answers. Letters were submitted by five persons attesting to the sincerity of petitioner’s belief. At petitioner’s request, the board granted him a personal appearance. He was notified that the classification had not been reopened and that the interview was a matter of courtesy. Under Selective Service regulations, reopening would have entitled petitioner to an administrative appeal from the rejection of his conscientious objector claim. Petitioner then refused to submit to induction, and was tried and convicted for violating 50 U.S.C. App § 462(a).
Held: Where a registrant makes nonfrivolous allegations of facts not previously considered by his board, that, if true, would be sufficient under the regulations to warrant granting a reclassification, the board must reopen the classification, unless the truth of the new allegations is conclusively refuted by other reliable information in registrant’s file, thus affording the registrant an administrative appeal from an adverse determination on the merits. Pp. 415-418.
412 F.2d 421, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Mulloy v. United States, 398 U.S. 410 (1970) in 398 U.S. 410 398 U.S. 411. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=GTZFP8SWK42HJI7.
MLA: U.S. Supreme Court. "Syllabus." Mulloy v. United States, 398 U.S. 410 (1970), in 398 U.S. 410, page 398 U.S. 411. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GTZFP8SWK42HJI7.
Harvard: U.S. Supreme Court, 'Syllabus' in Mulloy v. United States, 398 U.S. 410 (1970). cited in 1970, 398 U.S. 410, pp.398 U.S. 411. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=GTZFP8SWK42HJI7.
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