2006

United States v. Politte, 63 M.J. 24 (a Court of Criminal Appeals can only review cases within its statutory jurisdiction; under Article 66, UCMJ, the Courts of Criminal Appeals may hear a case on the merits where:  (1) a Judge Advocate General refers courts-martial records to the court; (2) a convening authority has approved the findings and sentence; and (3) the sentence as approved extends to death, a dismissal, a punitive discharge or confinement for one year or more).

(regarding post-trial matters, Courts of Criminal Appeals have jurisdiction to refrain from addressing the merits of a case, and instead return an action to the convening authority if further clarification of the meaning of the action is necessary). 

2003

United States v. Riley, 58 MJ 305 (a lower court’s authority on remand is limited by the limitations and conditions prescribed by the remand).

2001

United States v. Erby, 54 MJ 476 (the Courts of Criminal Appeals have authority under Article 66(c), UCMJ, to determine whether a sentence is correct in law, and that authority includes determining on direct appeal if the adjudged and approved sentence is being executed in a manner that offends the Eighth Amendment or Article 55, UCMJ).

1999