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: |
|
| Term: |
11/2007 Argument: 11/06/2007 10:00am
|
| ND cite: |
2008 ND 33
|
| NW cite: |
744 N.W.2d 774
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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.
|
|
 Add Docket 20070135 RSS
|
| 1 | | 05/16/2007 | |
NOTICE OF APPEAL: 05/11/2007 |
| 2 | | 05/16/2007 | |
ORDER FOR TRANSCRIPT: 05/11/2007 |
| 3 | | 05/16/2007 | |
TRANSCRIPT DATED April 13, 2007 |
| 4 | | 05/17/2007 | |
DISK - tra (4-13-07) |
| 5 | | 05/23/2007 | |
Second Notice of Appeal (filed by Travis Lium) |
| 6 | | 06/11/2007 | |
Record on appeal including original transcript dated 2/1/07; not received were tapes |
| 7 | | 06/21/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 06/21/2007 | |
ACTION BY CLERK - MAT. Granted: 07/25/2007 |
| 9 | | 06/21/2007 | |
Email from Reid Brady stating the State has no objection to the MAT |
| 10 | | 06/26/2007 | |
Supplemental Clerk's Certificate dated 6/25/07 (Entry Nos.88 - 90, including Order for Transcript) |
| 11 | | 06/28/2007 | |
TRANSCRIPT DATED April 9, 2007 |
| 12 | | 06/29/2007 | |
DISK-tra (4/9/07) |
| 13 | | 06/29/2007 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS |
| 14 | | 07/03/2007 | |
Second Supplemental Clerk's Certificate dated 7-2-07 (Entry Nos. 91-93) |
| 15 | | 07/25/2007 | |
APPELLANT BRIEF e-filed (PDF) |
| 16 | | 07/25/2007 | |
E-FILED BRIEF (ATB) PDF |
| 17 | | 07/25/2007 | |
APPELLANT APPENDIX (e-filed) |
| 18 | | 07/25/2007 | |
E-FILED APPENDIX (ATA) PDF |
| 19 | | 08/02/2007 | |
Received $25 surcharge for ATB (Receipt #17639) |
| 20 | | 08/06/2007 | |
Received 8 copies of ATB from Central Duplicating |
| 21 | | 08/06/2007 | |
Received 7 copies of ATA from Central Duplicating |
| 22 | | 08/24/2007 | |
APPELLEE BRIEF |
| 23 | | 08/24/2007 | |
E-FILED BRIEF (AEB) |
| 24 | | 08/27/2007 | |
Received $25.00 surcharge for AEB |
| 25 | | 08/31/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 26 | | 09/07/2007 | |
MOT. EXT/TIME REPLY BRIEF (e-filed) |
| 27 | | 09/07/2007 | |
E-FILED MOTION (MRY) |
| 28 | | 09/07/2007 | |
ACTION BY CHIEF DEPUTY CLERK (MRY). Granted: 09/21/2007 |
| 29 | | 09/24/2007 | |
MOT. EXT/TIME REPLY BRIEF |
| 30 | | 09/24/2007 | |
E-FILED MOTION (MRY) |
| 31 | | 09/24/2007 | |
REPLY BRIEF |
| 32 | | 09/24/2007 | |
E-FILED BRIEF (RYB) |
| 33 | | 09/25/2007 | |
ACTION BY CLERK. Granted: 09/24/2007 |
| 34 | | 09/28/2007 | |
Received 7 copies of RYB from Central Duplicating. |
| 35 | | 11/06/2007 | |
APPEARANCES: Alexander Reichert; Reid A. Brady, Asst. State's Attorney |
| 36 | | 11/06/2007 | |
ARGUED: Reichert; Brady |
| 37 | | 11/06/2007 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 02/21/2008 | |
DISPOSITION: REVERSED AND REMANDED |
| 39 | | 02/21/2008 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 40 | | 02/21/2008 | |
Judgment Mailed to Parties |
| 41 | | 03/06/2008 | |
PETITION FOR REHEARING (e-filed) |
| 42 | | 03/06/2008 | |
E-FILED Petition for Rehearing |
| 43 | | 03/11/2008 | |
Received 7 copies of PER from Central Duplicating. |
| 44 | | 03/20/2008 | |
ACTION BY SUPREME COURT. Denied |
| 45 | | 04/02/2008 | |
MANDATE |
| 46 | | 04/04/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |