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(Decision on a Supreme Court appeal can take up to two years, based on previous rulings.)
In ' 100-plus pages of memorandum and court records submitted in support of the petitions, Luke argues that procedural requirements for closure were not followed. Specifically (1) no written motion was filed with the court before the day of the hearing involved, (2) the public was not given reasonable notice that a closure hearing would be conducted, (3) at the hearing on closure, the moving party (the defense) did not show that an open hearing would jeopardize Kidwell’s right to a fair trial and (4) the trial judge did not enter a closure order not did he articulate on the record his findings that the evidence supported the moving party’s contention, that alternatives would not protect the defendant’s
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