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DAVIS v. UNITED STATES

No. 72-1454.

417 U.S. 333 (1974)

94 S.Ct. 2298

41 L.Ed.2d 109

DAVIS v. UNITED STATES.

Supreme Court of United States.

Decided June 10, 1974.

Attorney(s) appearing for the Case

Marvin M. Karpatkin argued the cause for petitioner. With him on the briefs was Melvin L. Wulf.

Edmund W. Kitch argued the cause for the United States. With him on the brief were Solicitor General Bork, Assistant Attorney General Petersen, Deputy Solicitor General Frey, Jerome M. Feit, and Frederick W. Read III.

MR. JUSTICE STEWART delivered the opinion of the Court.

This case involves the availability of collateral relief from a federal criminal conviction based upon an intervening change in substantive law. While the question presented is a relatively narrow one, it arises as the result of a rather complicated chain of events.

I

In February 1965, the petitioner, Joseph Anthony Davis, was classified I-A by his draft board and ordered to report for a pre...

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