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State v. Lium

Docket No. 20080100
Oral Argument: Wednesday, October 29, 2008 10:10am

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 232758 N.W.2d 711
Oral Argument 10/29/2008

Highlight

A defendant moving to withdraw his guilty plea before sentencing bears the burden of establishing a fair and just reason exists.
Among the factors that a district court may consider in determining whether a fair and just reason exists to withdraw a guilty plea before sentencing are: (1) the amount of time that has passed between the entry of the plea and the motion to withdraw; (2) defendant's assertion of innocence or a legally cognizable defense to the charge; (3) prejudice to the government; (4) whether the plea was knowing and voluntary; (5) whether the plea was made in compliance with Rule 11, N.D.R.Crim.P.; (6) whether adequate assistance of counsel was available to the defendant; (7) the plausibility of the reason for seeking to withdraw; (8) whether a plea withdrawal would waste judicial resources; and (9) whether the parties had reached or breached a plea agreement.


Briefs

Filing Date Description
06/16/2008 APPELLANT BRIEF View
07/16/2008 APPELLEE BRIEF (e-filed) View
08/04/2008 Appellant's REPLY BRIEF (e-filed) (PDF)

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Reid Alan Brady - 05696

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

Seq. # Filing Date Description Attachment
1 04/29/2008 NOTICE OF APPEAL : 04/28/2008
2 05/28/2008 RECORD ON APPEAL w/separates (entry nos. 19, 63, 96, & 97)including transcripts of 4-13-07 & 4-9-07
3 05/28/2008 Not rec'd w/ROA were cr tapes (entry nos. 17, 21, 23, 53, 72, 76) & entries in error (53 & 54)
4 06/05/2008 MOT. EXT/TIME APPELLANT BRIEF (FAXED)
5 06/06/2008 ACTION BY CLERK (MAT) - Granted : 06/16/2008
6 06/16/2008 APPELLANT BRIEF View
7 06/16/2008 E-FILED BRIEF - ATB
8 06/16/2008 APPELLANT APPENDIX
9 06/16/2008 E-FILED APPENDIX - ATA
10 06/18/2008 Received $25 surcharge for ATB (Receipt 18141)
11 06/20/2008 Received 7 cc of ATB from Central Duplicating
12 06/20/2008 Received 6 cc of ATA from Central Duplicating
13 07/16/2008 APPELLEE BRIEF (e-filed) View
14 07/16/2008 E-FILED BRIEF (AEB)
15 07/16/2008 APPELLEE APPENDIX
16 07/16/2008 E-FILED APPENDIX (AEA)
17 07/21/2008 Received $25 surcharge for AEB (receipt #18184)
18 07/24/2008 Received 7 copies of AEB from Central Duplicating
19 08/04/2008 Appellant's REPLY BRIEF (e-filed) (PDF)
20 08/04/2008 E-FILED BRIEF (RYB)
21 08/05/2008 Motion to continue oral argument
22 08/05/2008 E-FILED (MOTION to continue oral argument)
23 08/11/2008 Received 7 copies of RYB from Central Duplicating.
24 08/12/2008 ACTION BY SUPREME COURT (Continuance of argument) - Granted
25 10/29/2008 APPEARANCES: Alexander F. Reichert, Troy R. Morley; Reid A. Brady
26 10/29/2008 ARGUED: Reichert; Brady
27 12/16/2008 DISPOSITION
28 12/16/2008 UNANIMOUS OPINION : Maring, Mary Muehlen View
29 12/17/2008 Judgment Mailed to Parties
30 01/08/2009 MANDATE
31 01/13/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
32 11/29/2019 EXPUNGED - Nonpermanent record items destroyed