State v. Lium - No. 20080100
Case Summary
Travis Lium appeals a district court order denying his motion to withdraw his guilty plea.
Lium was initially charged with attempted murder, after Lium allegedly stabbed an individual with a knife and struck him with a vehicle in an attempt to murder him. Lium initially pled not guilty. At a change of plea hearing, Lium entered Alford pleas to one count of aggravated assault and one count of reckless endangerment, under a written plea agreement. At the plea hearing, the district court informed Lium that he would be waiving his rights by pleading guilty, and went through the plea agreement with Lium. The district court also received confirmation that Lium understood the plea agreement, the charges he faced, and had reviewed the plea agreement with his attorney. Lium also stated there had been no threats made to induce him to enter the plea. The district court accepted the pleas.
Before sentencing, Lium retained new counsel and moved to withdraw his guilty plea, claiming his attorney had threatened to withdraw if he did not plead guilty, he was innocent, and he had a defense to the charges. The district court denied that motion and sentenced Lium. Lium appealed to this Court, arguing the district court erred in denying his motion to withdraw his guilty plea.
In State v. Lium, 2008 ND 33, the Supreme Court reversed the denial of Lium's motion to withdraw and sent the case back to the district court to determine whether there was a fair and just reason to allow Lium to withdraw his pleas. On remand, after reviewing the file, transcript, arguments, and motions, the district court denied Lium's motion to withdraw his guilty plea, finding no fair and just reason existed to allow Lium to withdraw his guilty plea.
Lium again appeals, arguing fair and just reasons existed to allow him to withdraw his guilty plea.