221 N.C. App. 572
N.C. Ct. App.2012Background
- Rollins was convicted by jury of non-felonious breaking or entering, first degree kidnapping, second degree rape, and resisting a public officer after July 2008 events involving M.S.
- M.S. testified about rape and threats during a July 2008 encounter at her home; deputies responded and took Rollins into custody.
- Trial court sentenced Rollins to concurrent terms totaling significant years and arrested judgment on one kidnapping conviction, then noted an appeal.
- Rollins challenged: (1) Sixth Amendment public-trial right violated by courtroom closure during M.S.’s testimony and (2) whether a Florida burglary conviction was sufficiently similar to North Carolina burglary for prior record level calculations.
- Court remanded for a new hearing on the closure issue under the four-part Waller test and reversed/remanded for a new sentencing hearing due to misclassification of prior offenses.
- The opinion discusses procedures for preserving public-trial objections and analyzes out-of-state offense similarity for sentencing purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public trial closure under Waller test | State argued to close under § 15-166 for rape testimony | Rollins contends closure violated public-trial rights | Remanded to apply Waller four-part test on closure |
| Adequacy of Waller findings | State sought closure without explicit findings | Rollins contends lack of findings invalidates closure | Remanded to require explicit Waller findings or new trial if closure improper |
| Prior record level evaluation | State used Florida burglary as similar to NC burglary for four points | Rollins argues Florida burglary not sufficiently similar | Florida burglary not sufficiently similar; remand for new sentencing hearing to re-evaluate prior record level with proper similarity analysis |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (U.S. 1984) (public-trial right; four-part test for closure)
- Bell v. Evatt, 72 F.3d 421 (4th Cir. 1995) (open-trial presumption; adequacy of findings reviewed with record)
- State v. Jenkins, 115 N.C. App. 520 (N.C. App. 1994) (require findings to support closure; remand guidance in Waller context)
- State v. Smith, 180 N.C. App. 86 (N.C. App. 2006) (recognizes Waller applicability to § 15-166 closures)
- Minnesota v. McRae, 494 N.W.2d 252 (Minn. 1992) (yet supports need for record demonstrating necessity of closure)