Ennis v. N.D. Dep't of Human Services, 2012 ND 185

Middleton convicted by jury of continuous sexual abuse of a child and corruption of a minor in Grand Forks County.
Middleton moved for discovery of the victim’s medical records; district court denied, ruling records privileged or confidential.
During closing, the prosecutor displayed the victim’s photographs from the period of alleged abuse; Middleton objected but the court overruled.
Post-trial, Middleton sought a new trial under Rule 33, citing Kraft; district court denied for lack of specific arguments.
On appeal, Middleton asserted issues about records release and prosecutorial misconduct, but the State contends preservation prevents review; the court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Release of medical records preserved for appeal?	Middleton argues district court erred denying release.	State contends issues not properly preserved on appeal.	Issues not preserved; reviewed only for preservation; affirmed.
Prosecutorial misconduct from displaying photos in closing?	Middleton asserts misconduct and admission flaws.	State maintains preservation failure bars review.	Issues not preserved; no appellate review.
Whether Rule 52(b) obvious-error review applies when not requested?	Middleton did not seek obvious-error review.	State relies on preservation requirements.	Rule 52(b) review was not exercised; no obvious-error review for these issues.

State v. Jordheim, 508 N.W.2d 878 (N.D. 1993) (all alleged errors must be raised in a new-trial motion)
State v. Zajac, 2009 ND 119 (N.D. 2009) (appeal limited to grounds raised in motion for new trial)
State v. Hernandez, 2005 ND 214 (N.D. 2005) (preservation required; limits on appellate review)
State v. Syring, 524 N.W.2d 97 (N.D. 1994) (requirements for new-trial grounds)
City of Fargo v. McLaughlin, 512 N.W.2d 700 (N.D. 1994) (obvious-error review limits; injustice exceptions)
State v. Kraft, 413 N.W.2d 303 (N.D. 1987) (interest-of-justice basis for new trial)
State v. Glass, 29 N.D. 620 (N.D. 1915) (exceptional situations for reviewing errors)