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State of North Dakota v. Gerald Ray Middleton

August 30, 2012

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
GERALD RAY MIDDLETON, DEFENDANT AND APPELLANT



Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Debbie Gordon Kleven, Judge.

The opinion of the court was delivered by: VandeWalle, Chief Justice.

N.D. Supreme CourtState v. Middleton, 2012 ND 181

This opinion is subject to petition for rehearing.

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AFFIRMED.

Opinion of the Court by VandeWalle, Chief Justice.

State v. MiddletonNo. 20120082

[¶1] Gerald Middleton appeals from a criminal judgment entered after a jury found him guilty of continuous sexual abuse of a child and corruption of a minor. Middleton argues the district court erred in denying his motion to release the victim's medical records and the State engaged in prosecutorial misconduct during closing argument. We affirm, concluding Middleton failed to properly preserve the issues he raised on appeal.

I

[¶2] Middleton was charged with continuous sexual abuse of a child and corruption of a minor. Middleton requested discovery, including the victim's medical records. The district court denied his motion, ruling the records were privileged or confidential and were not subject to disclosure. A jury trial was held. During the State's closing argument, the prosecutor showed the jury pictures of the child during the years the alleged sexual abuse occurred. Middleton objected, but the court overruled his objection. The jury found Middleton guilty of both charges.

[¶3] After the trial, Middleton moved for a new trial. The brief in support of Middleton's motion stated, "Under Rule 33 of the North Dakota Rules of Criminal Procedure, the court may grant a new trial to the defendant if required in the interest of justice. State v. Kraft, 413 N.W.2d 303, 308 (N.D. 1987)." The district court denied Middleton's motion, ruling Middleton failed to include any legal arguments or facts to support his motion. Middleton was sentenced and a judgment was subsequently entered.

II

[ΒΆ4] Middleton argues the district court erred in denying his motion to release the victim's medical records, the State engaged in prosecutorial misconduct during closing arguments by showing the jury photographs of the victim, and the court erred in allowing the State to present the photographs because they were not disclosed prior to trial and were not admissible. The State argues Middleton is precluded from ...


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