Strait v. Laird, 406 U.S. 341 (1972)

Strait v. Laird


No. 71-83


Argued March 22, 1972
Decided May 22, 1972
406 U.S. 341

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

District Court for the Northern District of California has jurisdiction under 28 U.S.C. § 2241(c)(1) to hear and determine the habeas corpus application of petitioner, who was on unattached, inactive Army reserve duty while domiciled in California, where military authorities processed his application for conscientious objector discharge, though he was under the nominal command of the commanding officer of the Reserve Officer Components Personnel Center in Indiana. Schlanger v. Seamans, 401 U.S. 487, distinguished. Pp. 342-346.

445 F.2d 843, reversed.

DOUGLAS, J., delivered the opinion of the Court, in which STEWART WHITE, MARSHALL, and BLACKMUN, JJ., joined. REHNQUIST, J., filed a dissenting opinion, in Part I of which BURGER, C.J., and BRENNAN and POWELL, JJ., joined, post, p. 346.