David Sanders v. State of Indiana (mem. dec.), 49A02-1606-CR-1403

Early morning altercation/robbery: Sanders and Washington, meeting victims for first time, robbed and shot four people; two (Johnson, Stewart) died; two survived (Cummings, Greer).
Defendants charged jointly with two counts of felony murder, Level 2 robbery resulting in serious bodily injury, and Level 2 attempted robbery resulting in serious bodily injury; two co-defendants tried concurrently and later acquitted.
During trial, repeated disruptive conduct by spectators occurred (fights, arrests, disorderly conduct, threats, spectators removed, metal detectors used), and jurors were approached outside the courthouse.
Trial court initially implemented less-restrictive measures (extra deputies, metal detectors, admonitions, limited entry) but held two hearings and then closed the courtroom to the public on the third day while keeping media and officers present.
Jury convicted Sanders; on appeal he argued the courtroom closure violated his right to a public trial; the State conceded that robbery/attempted robbery convictions must be vacated as lesser-included offenses of felony murder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court abused discretion by closing proceedings to spectators	State: closure protected safety, decorum, and administration of justice given documented disruptions and juror contact	Sanders: closure violated Sixth Amendment right to a public trial; less restrictive means were available	Court: No abuse of discretion; closure met Waller factors (overriding interest, narrowness, alternatives considered, findings)
Whether convictions for robbery and attempted robbery should stand alongside felony murder	State: initially prosecuted those counts	Sanders: double jeopardy because robbery/attempted robbery are lesser-included offenses of felony murder	Court: Agreed with Sanders and State concession; vacated robbery and attempted robbery convictions

Williams v. State, 690 N.E.2d 162 (Ind. 1997) (public-trial right applies to states and protects trial fairness)
Waller v. Georgia, 467 U.S. 39 (1984) (four-part test for closure of public trials)
In re Oliver, 333 U.S. 257 (1948) (public trial is a fundamental right)
Hackett v. State, 360 N.E.2d 1000 (Ind. 1977) (trial court may limit spectators to protect order and rights)
Kendrick v. State, 661 N.E.2d 1242 (Ind. Ct. App. 1996) (applies Waller factors in Indiana review)
Collier v. State, 470 N.E.2d 1340 (Ind. 1984) (felony murder may subsume underlying felony)
Jenkins v. State, 726 N.E.2d 268 (Ind. 2000) (double jeopardy bars convicting both felony murder and underlying felony)
Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (double jeopardy principles regarding lesser-included offenses)