Here’s a link to the cert petition in Fry v. United States, No. 11-1395, which seeks review of CAAF’s decision in United States v. Fry, 70 M.J. 465 (C.A.A.F. 2012).
Here’s the QP:
Petitioner is a developmentally disabled adult with no capacity to contract following a California court’s restriction of that right and placement of him under the limited conservatorship of his grandmother. Following that judicial determination, a military recruiter arrived at Petitioner’s group home for mentally disabled adults and enlisted him in the Marine Corps. The question presented is:
Was Petitioner’s enlistment void ab inito under 10 U.S.C. § 802 and this Court’s decision in In Re Grimley, 137 U.S. 147 (1890)?
Petitioner’s counsel is CAAFlog contributor LCDR Brian Mizer.
The SG waived response to the cert petition. The cert petition hasn’t yet been distributed for conference.