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This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.

 

Keesha Johnson appeals her Class A misdemeanor criminal recklessness conviction. She raises one issue on appeal involving the Marion County Superior Court's requirement that the witnesses in her trial wear masks while testifying before the jury. In August of 2021 the Marion Circuit Court and the Marion Superior Court Executive Committee issued an order requiring that all individuals aged two or older wear "protective facial coverings" inside courthouse facilities. In November 2021, the executive committee updated the order and lifted the mask mandate. However, the order continued to require that all individuals involved in a jury trial  "wear a mask throughout the jury proceedings." Johnson's trial was held in December 2021, and she requested that witnesses wear protective face shields while testifying so that their faces could be seen by the jury. The trial court denied this request due to the language of the updated court order and required the witnesses to wear face masks. Johnson argues that the trial court's denial of her request violated her right to confront her accusers guaranteed under the Sixth Amendment of the United States Constitution as well as under Article 1, Section 13 of the Indiana Constitution.

 

The scheduled panelists are Judge Robb, Judge Vaidik, and Judge Mathias.

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