State v. Miller, 884 S.E.2d 175

On Aug. 19, 2018, Miller, seated front passenger in a car with four armed occupants, fired a handgun as three men walked away; one (McLendon) was seriously wounded.
Miller was indicted for attempted first-degree murder, going armed to the terror of the people, attempted robbery with a dangerous weapon (later dismissed), possession of a handgun by a minor, and discharge of a firearm within Monroe city limits (ordinance violation).
During trial the State moved to close the courtroom during testimony of two witnesses, citing witness safety and intimidation; the court limited attendance to Miller’s direct relatives and an investigator and ordered no cell phones.
The trial court’s written order contained no factual findings and the court did not expressly apply the Waller four-part test on the record.
The arrest warrant and indictment cited Monroe Ordinance 130.02 but omitted the ordinance caption required by N.C. Gen. Stat. § 160A-79(a), and the State did not introduce or prove the ordinance at trial.
Jury convicted Miller on the remaining counts; court sentenced him within the presumptive range. On appeal the Court of Appeals: (1) remanded for a Waller-findings hearing on the courtroom closure; and (2) vacated the conviction for the municipal firearm-discharge ordinance and remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether closing the courtroom for two witnesses without Waller findings violated the public-trial right	Closure was necessary to protect witnesses from intimidation and was limited in scope (relatives only; no phones)	Closing violated the Sixth Amendment public-trial guarantee because the court did not apply Waller and make adequate findings	Court held closure was improper without Waller four-part test and adequate findings; remanded for a hearing; new trial required if closure unjustified
Whether the municipal ordinance discharge charge should have been dismissed for defective charging and lack of proof	Charging documents referenced Monroe Ordinance 130.02 and alleged the act; thus charge is proper	Indictment/warrant omitted the ordinance caption required by statute and the State failed to prove the ordinance at trial	Court held trial court erred in denying dismissal; vacated the ordinance conviction and remanded for resentencing

Waller v. Georgia, 467 U.S. 39 (1984) (establishes four-part test for courtroom closure)
State v. Rollins, 221 N.C. App. 572 (2012) (public-trial violation is structural error; remand for findings/remedy)
State v. Jenkins, 115 N.C. App. 520 (1994) (describes Waller-derived requirement to make findings adequate for appellate review)
State v. Comeaux, 224 N.C. App. 595 (2012) (example of adequate findings supporting limited closure)
Jackson/Hill Aviation, Inc. v. Town of Ocean Isle Beach, 251 N.C. App. 771 (2017) (municipal ordinances cannot be judicially noticed)
State v. Fritsch, 351 N.C. 373 (2000) (standard for motion to dismiss: substantial evidence of each element and defendant as perpetrator)
In re Jacobs, 33 N.C. App. 195 (1977) (ordinance must be proven and caption shown; failure requires quash/vacatur)