''Parisi v. Davidson'', 405 U.S. 34 (1972), was a United States Supreme Court case resulting in the grant of habeas corpus relief to a soldier, Joseph Parisi, seeking an

honorable discharge A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and th ...

as a

conscientious objector A conscientious objector (often shortened to conchie) is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to object ...

. The case was argued on October 19 and 20, 1971, and decided on February 23, 1972. The

respondent {{unreferenced, date=February 2012 A respondent is a person who is called upon to issue a response to a communication made by another. The term is used in legal contexts, in survey methodology, and in psychological conditioning. Legal usage In ...

was then Major General

Phillip B. Davidson Phillip Buford Davidson Jr. (November 26, 1915 – February 7, 1996) was an American lieutenant general who served in World War II, the Korean War, and the Vietnam War. Biography Davidson was born on November 26, 1915, in Hachita, New Mexico. Da ...

. Parisi had brought a petition to Federal District Court that the Army's refusal to discharge him constituted habeas corpus – that in effect he was being unlawfully imprisoned. As a result,

court-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...

charges were brought against him by the Army. The Federal District Court and Court of Appeals concluded that consideration of his petition should be deferred pending the result of the court-martial. The Supreme Court decision overturned this, freeing the District Court to consider his petition.

External links

* United States Supreme Court cases United States Supreme Court cases of the Burger Court United States military case law American conscientious objectors 1972 in United States case law {{SCOTUS-case-stub

See also

External links