Simmons v. United States
| Simmons v. United States | |
|---|---|
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| Argued February 2, 1955 Decided March 14, 1955 |
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| Full case name | Simmons v. United States |
| Citations | 348 U.S. 397 (more)
75 S. Ct. 397; 99 L. Ed. 453; 1955 U.S. LEXIS 1080
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| Holding | |
| The failure of the Department of Justice to furnish petitioner Simmons with a fair resume of all adverse information in the FBI report deprived him of the "hearing" provided by the Universal Military Training and Service Act. Conviction, and Seventh Circuit, reversed. | |
| Court membership | |
| Case opinions | |
| Majority | Clark, joined by Black and Douglas |
| Dissent | Reed |
| Dissent | Minton |
| Laws applied | |
| Universal Military Training and Service Act | |
Simmons v. United States, 348 U.S. 397 (1955) was a case in which the Supreme Court of the United States that a Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record.
Petitioner Simmons registered in the Selective Service System in 1948 and was employed as a chauffeur at the Great Lakes Naval Training Center. He was classified 1-A. Simmons married in 1949 and received a dependency deferment which lasted from 1951 through 1955, at which point he was again classified 1-A. During his deferment, Simmons became an ordained minister of the Jehovah's Witnesses and filed the special form for conscientious objectors, claiming exception from both combatant and non-combatant service. He appeared in person before his local board seeking exemption as a minister, but the board maintained his 1-A classification and, after an unsuccessful appeal, referred the case to the Department of Justice.
Following an investigation by the FBI, Simmons appeared at another hearing. While no notice for the hearing existed, similar forms used at the time state that the hearing officer would advise the registrant "as to the general nature and character" of adverse evidence in the FBI report if that information was requested. Evidence for this request was never found from before the hearing, but the request was made at the hearing. The hearing officer recommended that Simmons remain classified 1-A because his religious activities coincided with pressure from the draft board.
In appealing to an Appeal Board, the Department of Justice adopted the recommendation of the hearing officer because of the timing of Simmons' religious activities and alleged abuse toward his wife (evidence for which was presumably gathered by the FBI). The Appeal Board continued the 1-A classification, but Simmons refused to submit to induction and prosecution followed. Simmons claimed he had not been given a fair summary of the FBI report and secured a subpoena duces tecum requiring production of the report. The subpoena was quashed on motion of the government, Simmons was convicted, and the Seventh Circuit affirmed.
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