U.S. v. Honea, 77 M.J. 181

Trial Stages: Merits: Pleas, generally

1. when an accused pleads not guilty to an offense, it is the government’s responsibility to identify the charges against the accused

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. the CAAF is authorized to act only with respect to the findings and sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Criminal Appeals; where the record of trial fails to adequately demonstrate the charge of which appellant was convicted, the CAAF cannot conduct a proper review of the case under Article 67, UCMJ
2. the CAAF cannot authorize a rehearing on a charge or specification where a material variance deprives an accused of the fundamental right to due process
3. when an appellant’s LIO conviction is not an LIO of the greater charged offense, the CAAF has repeatedly declined to authorize a rehearing