"It is a cardinal rule of appellate review that a party may not challenge as error a ruling or other trial proceeding invited by that party." State v. Houle, 2022 ND 96, ¶ 7, 974 N.W.2d 401. Under the invited error doctrine, a "defendant [cannot] sit by and invite the error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error."
It is clear on the face of the record that Littlebird affirmatively objected to the inclusion of an intoxication instruction, and as such, she waived the alleged instructional error. State v. Houle, 2022 ND 96, ¶ 7, 974 N.W.2d 401. After review of the record, we conclude that there was sufficient evidence to support the jury's verdict.
Therefore, any claim of error was waived, and we do not review further. State v. Houle, 2022 ND 96, ¶ 7, 974 N.W.2d 401.
[¶8] We have said, "It is a cardinal rule of appellate review that a party may not challenge as error a ruling or other trial proceeding invited by that party." State v. Houle, 2022 ND 96, ¶ 7, 974 N.W.2d 401 (quoting State v. Rende, 2018 ND 56, ¶ 9, 907 N.W.2d 361). Obvious error review under N.D.R.Crim.P. 52(b) does not apply to waived or invited errors.