Indiana Code 5-14-2-8. Original action to contest exclusion ruling of trial court
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Sec. 8. (a) Any party or member of the general public aggrieved by the ruling of the court on the issue of exclusion of the general public from a criminal proceeding has the right to bring an original action before the supreme court of Indiana under the Rules of Procedure for Original Actions Including Writs of Mandate and Prohibition contesting the ruling.
(c) Either the filing of a motion or a proposed court order to exclude the general public, or the presenting to the court of an objection to a motion to exclude, constitutes a showing that the duty to act has been presented or brought to the attention of the trial court.
(b) The general public has standing to bring an original action.
Terms Used In Indiana Code 5-14-2-8
- General public: means any individual, or group of individuals, but does not include the parties to the criminal action. See Indiana Code 5-14-2-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(d) A trial court is without authority to act upon any exclusion motion or issue an exclusion order on its own unless:
(1) it complies with sections 3, 4, and 5 of this chapter; and
(2) its findings of fact and conclusions of law are supported by the record of the proceedings.
As added by Acts 1982, P.L.40, SEC.1.