United States v. Thomas Fitch Goodman

Good Law
439 F.2d 810·1971 U.S. App. LEXIS 11339
United States Court of Appeals for the Ninth CircuitMarch 16, 197125484California1,649 words

Opinion

Opinion

Solomon, J.

Thomas Fitch Goodman, a lawyer, appeals in propria persona from a jury trial conviction for his failure to report for induction in violation of 50 U.S.C. App. § 462. He contends that his local board denied him procedural due process by failing to give him a medical interview when he requested a IV-F classification after he received a notice of induction. He also contends that the trial court erred in its evidentiary rulings and jury instructions.

Goodman registered with his local board on August 5, 1960. He did not claim a disabling physical condition in the classification questionnaire (SSS Form 100) he mailed to the board in October, 1963. He passed an Army physical on September 26, 1966.

In early 1967, Goodman began to practice law in California. During 1967, Goodman was treated by Dr. Mark Maxwell for ear drainage, headaches, nausea, and dizziness. The symptoms appeared periodically and lasted for two or three days.

On February 29, 1968, the California Appeal Board classified Goodman I-A. A short time later, the local board ordered Goodman to report for induction on March 26, 1968. On March 24, Goodman requested a student deferment on the ground that he had re-entered…

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