Parisi v. Davidson
Encyclopedia
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 as a conscientious objector
. The case was argued on October 19 and 20, 1971 and decided on February 23, 1972. The respondent
was then Major General
Phillip B. Davidson
.
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
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.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1972), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case resulting in the grant of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
relief to a soldier, Joseph Parisi
Joseph Parisi
Joseph Parisi may refer to:*Joe Parisi, Wisconsin politician*Joseph Parasi , former editor of Poetry...
, seeking an honorable discharge as a conscientious objector
Conscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
. The case was argued on October 19 and 20, 1971 and decided on February 23, 1972. The respondent
Respondent
A respondent is a person who is called upon to issue a response to a communication made by another. In legal usage, this specifically refers to the defendant in a legal proceeding commenced by a petition, or to an appellee, or the opposing party, in an appeal of a decision by an initial fact-finder...
was then Major General
Major General
Major general or major-general is a military rank used in many countries. It is derived from the older rank of sergeant major general. A major general is a high-ranking officer, normally subordinate to the rank of lieutenant general and senior to the ranks of brigadier and brigadier general...
Phillip B. Davidson
Phillip Davidson
Phillip Buford Davidson, Jr. was an American Lieutenant general, who served in World War II, the Korean War, and the Vietnam War....
.
Parisi had brought a petition to Federal District Court that the Army's refusal to discharge him constituted habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
– that in effect he was being unlawfully imprisoned. As a result, court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
charges were brought against him by the Army. The Federal District Court and Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts 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.