The court's hearing notice announces:
The U.S. Coast Guard Court of Criminal Appeals will hear oral argument in the case of United States v. Cadet Webster M. Smith on Wednesday, the 16th of January 2008, in the Courtroom at Ballston, VA, on the 7th Floor, 4200 Wilson Blvd. There will be a closed session, as well as a session that is open to the public. The closed session will begin at 0950 and will be followed by the open session at 1030.
Ronald C. Machen, Esquire, will argue on behalf of Cadet Webster M. SMITH, the appellant in this case. LCDR Patrick M. Flynn, USCG, will argue on behalf of the Government.
Issues: At the closed session, the issue to be argued is whether the convictions for extortion, sodomy, and indecent assault must be reversed because the military judge violated Appellant’s constitutional right to confront his accusers by limiting his cross-examination of a witness.
The issues to be argued at the open session are (1) whether the sodomy conviction based on private consensual, non-commercial activity between adults of equal rank is unconstitutional if the extortion and indecent-assault findings are set aside and (2) whether the extortion conviction must be overturned because the Government failed to prove that Appellant threatened another cadet with the intent to obtain sexual favors.
Case Summary: Appellant was tried by General Court-Martial and convicted of unauthorized absence, attempted failure to obey a lawful order, sodomy, extortion, and indecent assault. The approved sentence consists of a dismissal, forfeiture of all pay and allowances, and confinement for six months.
The 1030 session of the hearing is open to the public.