Parisi v. Davidson

SCOTUSCase
Litigants=Parisi v. Davidson
ArgueDateA=October 19
ArgueDateB=20
ArgueYear=1971
DecideDate=February 23
DecideYear=1972
FullName=Joseph Parisi v. Phillip B. Davidson, et al.
USVol=405
USPage=34
Citation=92 S. Ct. 815; 31 L. Ed. 2d 17; 1972 U.S. LEXIS 90
Prior=Certiorari to the United States Court of Appeals for the Ninth Circuit
Subsequent=
Holding=The District Court should not have stayed its hand in this case.
SCOTUS=1972-1975
Majority=Stewart
JoinMajority=Burger, Brennan, White, Marshall, Blackmun
Concurrence=Douglas
NotParticipating=Powell and Rehnquist
LawsApplied=

"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.

ee also

*List of United States Supreme Court cases, volume 405

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=405&invol=34 The Text of the Parisi v. Davidson case]