State v. Rainey

Verellen, A.C.J.

¶1 During a hearing on Rickey Rainey’s motion for a new trial, the trial court closed the *834courtroom, conducted an in camera review, and concluded that a witness could assert her Fifth Amendment1 privilege against self-incrimination. The witness did not take the stand or personally assert the privilege in open court before the in camera proceeding occurred, and the trial court did not conduct a Bone-Club analysis before closing the courtroom.2 Under the “experience and logic” test, a witness’s assertion of the Fifth Amendment privilege against self-incrimination in an…