State v. Rollins, 221 N.C. App. 572 (Jul. 17, 2012)

The trial court violated the defendant’s right to a public trial by temporarily closing the courtroom while the victim testified concerning an alleged rape perpetrated by defendant without engaging in the four-part test set forth in Waller v. Georgia, 467 U.S. 39 (1984). The court held that while the trial court need not make exhaustive findings of fact, it must make findings sufficient for the appellate court to review the propriety of the trial court’s decision to close the proceedings. The court cautioned trial courts to avoid making “broad and general” findings that impede appellate review. The court remanded for a hearing on the propriety of the closure:

The trial court must engage in the four-part Waller test and make the appropriate findings of fact regarding the necessity of closure during [the victim’s] testimony in an order. If the trial court determines that the trial should not have been closed during [the victim’s] testimony, then defendant is entitled to a new trial. If the trial court determines that the trial was properly closed during [the victim’s] testimony on remand, then defendant may seek review of the trial court’s order by means of an appeal . . . .