State v. Miller, COA24-72, ___ N.C. App. ___ (Mar. 19, 2025)

In this Union County case, defendant appealed his convictions for attempted first degree murder, going armed to the terror of the people, and possession of a handgun by a minor, arguing it was error to close the courtroom during the testimony of two witnesses. The Court of Appeals found no error.

This matter arose from a shooting at a basketball court and originally reached the Court of Appeals in State v. Miller, 287 N.C. App. 660 (2023), where the panel concluded that the trial court did not utilize the four-part test from Waller v. Georgia, 467 U.S. 39 (1984), when determining it was acceptable to close the courtroom. On remand, the trial court determined that closing the courtroom during the testimony of two witnesses was justified under Waller, as defendant had attempted to intimidate the young witnesses. The current case comes after the trial court’s entry of an order on remand and defendant’s second appeal.

The Court of Appeals began by laying out the four-part test from Waller and then performed an analysis. The court considered (1) whether the State advanced an overriding interest supporting the closure; (2) whether the trial court made adequate findings to support the closure; (3) if the closure was no broader than necessary; and (4) that no reasonable alternatives to closure existed. First, “the State adequately advanced the overriding interest of witness safety, and that interest was likely to be prejudiced by the intimidation tactics of Defendant and members of the gallery filming.” Slip Op. at 14. The court determined competent evidence supported the closure based on the State’s exhibits and defendant’s prior conduct. The trial court only closed the courtroom during the testimony of the two witnesses, narrowly tailoring the closure to the issue at hand. Finally, the trial court had already banned cellphones in the courtroom, but even then one of defendant’s relatives was found in possession of a cellphone, showing the trial court considered alternatives before moving to closure of the courtroom.