United States v. Fry

BAKER, Chief Judge,

with whom ERDMANN, Judge, joins (dissenting):

SUMMARY

The military judge concluded that “[a]ll of the evidence indicates that the accused had at and since the time he took the oath of enlistment the de facto capacity to contract and the actual capacity to understand the significance of enlisting in the armed forces.” The military judge further concluded that “[a]ll of the evidence indicates that the accused’s enlistment was voluntary” for the purpose of establishing personal jurisdiction. The military judge committed two errors in reaching these conclusions.

First, “all of the…