Jones v. Lemond
396 U.S. 1227 (1969)

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U.S. Supreme Court

Jones v. Lemond, 396 U.S. 1227 (1969)

Jones v. Lemond

Decided September 15, 1969

396 U.S. 1227

Syllabus

Applicant, who had been court-martialed for unauthorized absence, and having exhausted all military administrative remedies, sought release by habeas corpus in the District Court, claiming that the improper processing of his application for discharge from military service should have barred his conviction. A broad and sweeping stay was denied by the Court of Appeals. Pending disposition of applicant's appeal on the merits of this case, which involves the contention that the matter of conscientious objection is one of First Amendment proportions, a stay is granted directing that applicant be confined in "open restricted barracks" and not in the brig where, if his allegation are true, his life may be endangered.

See: 18 U.S.C.M.A. 513, 40 C.M.R. 225.

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