State v. Lium

20070135 State of North Dakota, Plaintiff and Appellee
v.
Travis Charles Lium, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge John Charles Irby
Nature of Action: Assault
Counsel:
Appellant: Alexander F. Reichert
Appellee: Reid Alan Brady , Asst. State's Attorney
Term: 11/2007   Argument: 11/06/2007  10:00am
ND cite: 2008 ND 33
NW cite: 744 N.W.2d 775

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Issues: Appellant's Statement of the Issues:
I.Whether the district court abused its discretion in denying Lium's Motion to Withdraw Guilty Plea brought after acceptance of the plea but before sentencing.
II.Whether the district court's failure to comply with Rule 11 is manifest injustice that constitutes obvious error occurred requiring reversal.

Appellee's Statement of the Issues:
Whether the district court appropriately denied the Defendant's motion to withdraw his pleas because the Defendant failed to show it would be fair and just to allow withdrawal of his pleas and failed to prove withdrawal was necessary to correct a manifest injustice.

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Docket entries:
105/16/2007 NOTICE OF APPEAL: 05/11/2007
205/16/2007 ORDER FOR TRANSCRIPT: 05/11/2007
305/16/2007 TRANSCRIPT DATED April 13, 2007
405/17/2007 DISK - tra (4-13-07)
505/23/2007 Second Notice of Appeal (filed by Travis Lium)
606/11/2007 Record on appeal including original transcript dated 2/1/07; not received were tapes
706/21/2007 MOT. EXT/TIME APPELLANT BRIEF
806/21/2007 ACTION BY CLERK - MAT. Granted: 07/25/2007
906/21/2007 Email from Reid Brady stating the State has no objection to the MAT
1006/26/2007 Supplemental Clerk's Certificate dated 6/25/07 (Entry Nos.88 - 90, including Order for Transcript)
1106/28/2007 TRANSCRIPT DATED April 9, 2007
1206/29/2007 DISK-tra (4/9/07)
1306/29/2007 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
1407/03/2007 Second Supplemental Clerk's Certificate dated 7-2-07 (Entry Nos. 91-93)
1507/25/2007 APPELLANT BRIEF e-filed (PDF)
1607/25/2007 E-FILED BRIEF (ATB) PDF
1707/25/2007 APPELLANT APPENDIX (e-filed)
1807/25/2007 E-FILED APPENDIX (ATA) PDF
1908/02/2007 Received $25 surcharge for ATB (Receipt #17639)
2008/06/2007 Received 8 copies of ATB from Central Duplicating
2108/06/2007 Received 7 copies of ATA from Central Duplicating
2208/24/2007 APPELLEE BRIEF
2308/24/2007 E-FILED BRIEF (AEB)
2408/27/2007 Received $25.00 surcharge for AEB
2508/31/2007 Received 7 copies of AEB from Central Duplicating.
2609/07/2007 MOT. EXT/TIME REPLY BRIEF (e-filed)
2709/07/2007 E-FILED MOTION (MRY)
2809/07/2007 ACTION BY CHIEF DEPUTY CLERK (MRY). Granted: 09/21/2007
2909/24/2007 MOT. EXT/TIME REPLY BRIEF
3009/24/2007 E-FILED MOTION (MRY)
3109/24/2007 REPLY BRIEF
3209/24/2007 E-FILED BRIEF (RYB)
3309/25/2007 ACTION BY CLERK. Granted: 09/24/2007
3409/28/2007 Received 7 copies of RYB from Central Duplicating.
3511/06/2007 APPEARANCES: Alexander Reichert; Reid A. Brady, Asst. State's Attorney
3611/06/2007 ARGUED: Reichert; Brady
3711/06/2007 ORAL ARGUMENT WEBCAST
3802/21/2008 DISPOSITION: REVERSED AND REMANDED
3902/21/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning
4002/21/2008 Judgment Mailed to Parties
4103/06/2008 PETITION FOR REHEARING (e-filed)
4203/06/2008 E-FILED Petition for Rehearing
4303/11/2008 Received 7 copies of PER from Central Duplicating.
4403/20/2008 ACTION BY SUPREME COURT. Denied
4504/02/2008 MANDATE
4604/04/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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