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State v. Lium

Docket No. 20070135
Oral Argument: Tuesday, November 6, 2007 10:00am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Travis Charles Lium, Defendant and Appellant
Case Type
CRIMINAL APPEAL : ASSAULT
Appeal From
Case No. 06-K-02064
East Central Judicial District, Cass County
John Charles Irby
2008 ND 33744 N.W.2d 775
Oral Argument 11/6/2007

Highlight

A plea agreement for a specific sentence or sentencing range which is binding on a district court may be accepted, rejected, or deferred until the court has reviewed a presentence report.
After a guilty plea has been accepted but before sentencing, a defendant may withdraw the plea if necessary to correct a manifest injustice, or if allowed in the court's discretion for any fair and just reason unless the prosecution has been prejudiced by reliance on the plea.
A district court misapplies the law if a motion to withdraw a guilty plea is made before sentencing and the court does not decide whether there was a fair and just reason for withdrawal of the plea.


Briefs

Filing Date Description
07/25/2007 APPELLANT BRIEF e-filed (PDF) View
08/24/2007 APPELLEE BRIEF View
09/24/2007 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Reid Alan Brady - 05696
APPELLANT PRIVATE PRACTICE Alexander F. Reichert - 05446

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
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) View
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 View
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 View
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
39 02/21/2008 UNANIMOUS OPINION : Kapsner, Carol Ronning View
40 02/21/2008 Judgment Mailed to Parties
41 03/06/2008 PETITION FOR REHEARING (e-filed) View
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
47 11/06/2017 EXPUNGED - Nonpermanent record items destroyed