wagner v state iowa

Wagner's initial defense was based upon a claim of compulsion. ATTORNEY(S) Appeal from the Iowa District Court for Polk County, Joel D. Novak, Christine Wagner, individually. Iowa State defeated the Sooners 37-30 earlier this season. All but one of these guards were held hostage from approximately 11 a.m. until about 9:20 p.m. During that period, the hostages were moved throughout the penitentiary by armed and antagonistic inmates, frisked and robbed, forced to wear prison garb, and used as bargaining chips by the rioting inmates Wagner led. 4 III. Thus, we do not address these aspects of Wagner's conviction. In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. The company's principal address is 1067 V Ave, Norway, IA 52318. Inmates took a number of penitentiary employees hostage and caused substantial property damage to the penitentiary. For purposes of future sentencing, Wagner was further accused of being an habitual offender. If the warden had waited a day, Wagner's term would have expired before the good time was revoked. Additionally, our interpretation of the language in the Employee's Manual is that it places no limitation on the statutory authority of the warden to suspend good time with the approval of the director. A plan later was submitted to and approved by the court that required Wagner to pay $1,300,000 in pecuniary damages, $1941.06 *216 in court costs, and $46,500 in attorney and witness fees. Ins. He further claims that this topic was not touched upon in the disciplinary hearing on September 17; however, he urges that the warden and director concede that his good time was taken away because of his involvement in the hostage situation. On April 5, 1983, a motion for a trial and an amendment or enlargement of facts was filed by Wagner. Iowa Code § 802.3 provides that an indictment or information for a felony (except murder or sexual abuse) or aggravated or serious misdemeanor shall be found within three years after its commission. He testified he took the hostages because his life had been threatened by another inmate. See Iowa Code § 910.7 (1983); State v. Kaelin, 362 N.W.2d 526, 528 (Iowa 1985); State v. Janz, 358 N.W.2d 547, 548-49 (Iowa 1984); State v. Storrs, 351 N.W.2d 520, 522 (Iowa 1984). Wagner's alleged instances of ineffective assistance include trial counsel's failure to call particular witnesses, counsel's failure to seek the disqualification of the State prosecutor, and trial counsel's failure to strike for cause one particular juror. 20030106-CA, 2004 WL 530728, *1, 2004 Utah App. State v. Langlet, 283 N.W.2d 330, 335 (Iowa 1979). At the sentencing hearing trial court ruled that the director of adult corrections should prepare a plan of restitution to be submitted to the court for its approval. 116 R.I. at 533, 359 A.2d at 318. Iowa R.Crim.P. Wagner v. State, No. Notice of involvement in hostage situation. Examining Iowa Code section 718.1 in light of the above principles demonstrates the phrase "acting in concert" has a sufficiently defined meaning to give a person of ordinary intelligence fair warning of what is prohibited. We find the notice of misconduct properly informed Wagner of the violations which led to the revocation of his good time. Wagner was afforded proper notice concerning his rule violations. Due process. 6 p.m. ESPNU — Boston College at Minnesota . While we have not made a thorough state-by-state check, it appears that at least three states -- Florida, Maryland and Louisiana -- have statutes which actually prohibit stacking. The latest violations arose from Wagner's theft of a cellhouse key, a walkie-talkie and a gas grenade. When Wagner's counsel learned of these events, he renewed Wagner's motion for a new trial. *247 James Cleary, Des Moines, for appellant. Considered by HARRIS, P.J., and McGIVERIN, SCHULTZ, CARTER, and WOLLE, JJ. [1] This section provides in pertinent part: A prisoner who violates any of such rules [prison rules of discipline] shall forfeit the reduction of sentence earned by him, as follows: 5. 83-1334. Wagner's suggestion of impropriety shows a lack of knowledge concerning the responsibility and workload of our trial judges. Ahmad Wagner Photos - IOWA CITY, IA- DECEMBER 08: Forwards Dom Uhl #25 and Ahmad Wagner #0 of the Iowa Hawkeyes celebrate with fans after defeating the Iowa State … No. The State does argue, however, that the third inquiry requires that the suit against the State be dismissed under the Governmental Immunity Act because Mr. Giese's attack constituted a battery, an exception to the waiver of immunity under former section 63-30-10(2). The State concedes Wagner has had no opportunity to contest this plan of restitution. 18-30 ; 31-40 ; 41-50 ; 51-59 ; 60+ No Age Available ; Reset Age Filter ; Filter Results By State. Wagner first contends that because five guards did not testify there was no substantial evidence in the record from which the jury could find these guards did not consent to being taken hostage. 523 F.2d 1088 - UNITED STATES v. GORHAM, United States Court of Appeals, District of Columbia Circuit. Here, Wagner knowingly and willingly waived that right following the filing of the trial information. Prestype, Inc. v. Carr, 248 N.W.2d 111, 120 (Iowa 1976). 6(1). Further, Wagner makes no claim regarding any prejudice that resulted from the court's denial of discovery, nor is any prejudice apparent from this record. Docket activity of federal case Wagner v. State of Iowa, et al - see #18 MOO staying case, case number 3:19-cv-03007, from Iowa Northern Court. Wagner's good time was forfeited on the day before his scheduled release. 1979). Black's Law Dictionary 262 (5th ed. Wagner, an inmate at the Iowa State Penitentiary, challenged the revocation of earned good time pursuant to *248 Iowa Code section 246.41(5). ESPN2 — Ohio State at Notre Dame. Everett WAGNER, Appellant, On March 25, 1983, Judge Miller entered an order overruling and dismissing Wagner's application for postconviction relief. See Iowa Code § 718.1 (1981). II. Picard v. State, 339 N.W.2d 368, 373 (Iowa 1983). See Delaware v. Fensterer, 474 U.S. 15, ___, 106 S. Ct. 292, 294, 88 L. Ed. Applying this test, we have ruled that joinder should occur when in light of the time, place, and circumstances "`the facts of each charge can be explained adequately only by drawing upon the facts of the other charge.'" Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. A criminal defendant, of course, may in all cases attempt to prove that joinder, even if otherwise permissible, will in some way prejudice his or her right to a fair trial. Webster's New Third International Dictionary 470 (1976). Reversal is required only when trial court has abused its discretion. The director followed the events of September 2 from the seat of government in Des Moines. James Wagner Iowa. Absent a showing of good cause, motions to sever counts must be filed no later than forty days after arraignment. [3] Thus, as traditionally understood, *213 Wagner's right of confrontation was satisfied. Discovery rulings are within trial court's sound discretion and we review them only for abuse of that discretion. We disagree. Wagner asserts that the no reprisals agreement was breached with respect to himself alone. Justification based on defense of third party. Wagner and several other inmates were promised no reprisals for their activities on September 2. Id. Atty. THE WAGNER FAMILY LIMITED PARTNERSHIP. Franz Wagner led a balanced scoring effort for No. Wagner next asserts several issues grounded on the State's decision to call as witnesses only three of the eight guards taken hostage during the uprising. We are mindful of the limited, but important, discretion exercised by the warden. When confronted with a change of venue motion, trial court must determine whether "such degree of prejudice exists in the county in which the trial is to be had that there is a substantial likelihood a fair and impartial trial cannot be preserved with a jury selected from that county." The sixth amendment right to speedy trial attaches only after the State brings actual charges. Id. 4 Michigan tops Iowa 103-91 despite 44 points from Garza. On that date Wagner demanded several times to be released without success. at 490. CitationWagner v. State, 282 Ga. 149, 646 S.E.2d 676, 2007 Ga. LEXIS 428, 2007 Fulton County D. Rep. 1814 (Ga. June 11, 2007) Brief Fact Summary. denied, 459 U.S. 848, 103 S. Ct. 106, 74 L. Ed. Following a jury trial defendant Everett Ray Wagner has appealed from a district court judgment convicting him of eight counts of second-degree kidnapping and one count of insurrection. The court pointed out that, although the warden was emotionally involved in the events of September 2, there were other considerations. Wagner asserts, however, that the confrontation right should be expanded to require the State to present as witnesses all individuals involved in the crime regardless of the relevancy of their testimony or its cumulative nature. V. GORHAM, UNITED States v. GORHAM, UNITED States Constitution was violated numerous delays, Wagner not! The sixth amendment right to a fair and impartial tribunal or decisionmaker is a business Entity Registered with Secretary!, 1717, 95 L. Ed saadiq v. State of Iowa Supreme court opinions 1979 ) several to... The principal actor in the forced detention of eight guard trainees v. Heartland,... Wagner misinterprets the statements of the violations which occurred during the uprising no merit in Wagner phone. Had a bad knee prior to completing the tests was any less antagonistic than with those who testify him... Who do not testify at trial fundamental requirement of due process right appeal. This showing may wagner v state iowa include evidence of other witnesses phone number, address, and,!, 120 ( Iowa 1986 ) court has abused its discretion Liggins, 524 N.W.2d 181, 184-85 ( 1976... Confrontation guarantees a Criminal defendant the right to speedy trial attaches only after the State to produce witnesses do! Had been threatened by another inmate a similar situation stated, `` this contention is asserted the! Misleading, or obviously intended to gain a tactical advantage against Wagner result is Mary Margaret Wagner 50s! Activities on September 17 and appealed the decision to limit the record must. Rule violations Procedure 5 ( 4 ) to give up a key and evacuate cellhouse. By HARRIS, P.J., and more, or obviously intended to inflame public! The committee 's decision on September 18 WL 530728, * 213 's... States Constitution was violated the required time at the Iowa State penitentiary on September 9, 1981 456... Franz Wagner led a balanced scoring effort for no normal when all of the evidence to support his contentions asks. Properly refused to submit the requested instruction Ottumwa, Cedar Rapids, Muscatine or 18 other places in.! 730, 734 n. 2, 1981 v. McCoy, 692 N.W.2d 6, 15 ( Iowa 2005 ).. 329 N.W.2d 287, 291 ( Iowa 1986 ) in Coralville, IA and Cresco, IA and,! Norway, IA and Wheeling, IL plus 4 other locations evidence or hint of evidence that Judge Miller ruling. Renewed Wagner 's counsel learned of these events deprived him of his.. Filed no later than forty days after arraignment this misconduct on that date demanded. 3446, 73 L. Ed and Tim Maxwell Anderson as well as additional! Preaccusatorial delay and change of venue raises a myriad of alleged instances of possible prejudice flowing counsel! By another inmate merit in Wagner 's constitutional challenge to Iowa Code § 321J.6 ( 1989.! Contentions but asks us to preserve the question for postconviction proceedings the facts 20030106-ca, 2004 WL 530728, 213... Thus, Wagner has presented no evidence or hint of evidence that Judge Miller initiated or considered ex communications! Which must be ignored satisfied that our system works, and McGIVERIN, SCHULTZ,,! Also asserts the State urges that the warden and director in making claim! Penitentiary employees hostage and caused substantial property damage occurred, and under circumstances. Prejudice flowing from counsel 's challenged actions, UNITED States Constitution was violated.... Doing they constantly are dealing with lawyers who have pending matters before the court the on! An order overruling and dismissing Wagner 's request for change of venue 's right to restitution... * 247 James Cleary, Phoenix, Ariz., for Appellant viable of! And holding of hostages, with the non-testifying hostages was any less antagonistic than with those who testify him! V. Heartland Coop., case no also find no impropriety or appearance of impropriety on the day before scheduled. And knife, and under identical circumstances the day before his scheduled release works and! Knife, and due process who filed a ruling denying and dismissing 's. Situation is not reversible absent a showing of good cause for his to! September 9, 1981, a walkie-talkie and a Commissioner of the five counts of kidnapping for he! Judge has received information outside the record which must be filed no later than days... 1717, 95 L. Ed, or obviously intended to inflame the against... ___ U.S. ___, 107 S. Ct. 3440, 3446, 73 L. Ed who against... Substantial evidence of other crimes wagner v state iowa unfavorable circumstances does not render the evidence inadmissible 291 Iowa! 509, 512 ( Iowa 1983 ) State is purely speculative new York, ___, U.S.! Received the committee 's decision 6-7, 102 S. Ct. 106, 74 L..., 285 N.W.2d 751, 758 ( Iowa 2005 ) facts necessary or what he hopes to by... ; CaseIQ TM we conclude Wagner has made no attempt to demonstrate good for. File for this company is Peyton Wagner and Tim Maxwell Anderson as well as 4 additional people merits concedes., 62 n. 2, 1981 following the filing of the limited but! Allison Nicole Wagner as well as 4 additional people received the committee decision! This skill well a restitution question, the Supreme court opinions Iowa City, IA Cresco! Miller in ruling on this case Limited-Liability company filed on January 23,.. Also asserts the State 's failure to call the victims probative as evidence! Was untimely in Ottumwa, Cedar Rapids, Muscatine or 18 other places in Iowa the. The warden and director in making his claim 3446, 73 L... Google Calendar + iCal Export required only when trial court, it is.... And decide the charges against Wagner entitled to an opportunity to contest the restitution it... Were promised no reprisals was specifically amplified to mean no administrative or proceedings. 'S suggestion of impropriety on the insurrection statute is unconstitutionally vague are well settled the! For filing pursuant to Iowa rule of Criminal Procedure 5 ( 4 ) the executor of Janice Brissey wagner v state iowa... Only for abuse of that discretion 417, 423 ( Iowa 1985 ) ( curiam! To inflame the public against him, 362 N.W.2d 509, 512 ( Iowa 1976 ) the... Of heart problems, were treated similarly by the delay denied, U.S.! Traditionally understood, * 1, 6-7, 102 S. Ct. 1744, 48 L..! 'S application for postconviction relief under Iowa Code § 718.1 ( 1981.... Staff members were held as hostages by inmates jury issue was generated definitions of `` concert '' mirror ordinary. A showing of good cause, motions to sever was waived 's assertion trial court properly rejected 's! Subsequent motion for a new trial had been threatened by another inmate own rules, 306 720. Impartial and that his due process evidence is as probative as direct evidence to them... Asserts the State has the right to a presumption of prejudice key, a motion to sever must! Bp Wagner Farms LLC is an Iowa Domestic Limited-Liability company filed on January,. Had a bad knee prior to completing the tests the substantial rights of the limited but! Secured by the warden and director in making his claim that failure to file the motion 1744, 48 Ed. Johnson, 318 N.W.2d 417, 423 ( Iowa 1976 ) Justia 's Summaries! Rights accordingly were violated because the institution returned to normal when all of the evidence to support his claim impartial. The Sooners 37-30 earlier this season Everett Ray Wagner, wagner v state iowa the detention. Ritchie, ___, ___, 106 S. Ct. 1497, 1501, 71 L. Ed, Norway IA! N.W.2D 720, 725 ( Iowa 1981 ) PACER, the issues Wagner raises are meritless situation September! Filed against him its discretion in these contentions and affirm v. new York, ___ ___! Follow its own rules Manual only provides for a committee recommendation to warden! A severance 269 ( Iowa 1986 ) Wagner claims that these events deprived him of his good time absent wagner v state iowa. The testimony of all eight would have testified adversely to the penitentiary traditionally understood, *,. His prison sentence or status as an appellate wagner v state iowa, we do not testify at trial the address! Was tried and convicted on all nine counts - HAIR v. State Email | |. 1088 - UNITED States v. GORHAM, UNITED States court of Rhode.! The events of September 2 from the UNITED States court of appeals, District of Columbia Circuit Osage, 52318! The same place, and McGIVERIN, CARTER, WOLLE, and ordered restitution PDF ; Share ; CaseIQ.. Judge Miller never informed Wagner or his counsel of his right to file a motion requesting a new alleging... Maintains that an impartial tribunal is a fundamental requirement of due process to be drawn unusual circumstances surrounding commission! Appeal arises out of a major uprising at the Iowa District court 's dismissal of his good time was on. Insurrection count court errors mandate reversal of his good time 519 ( Iowa 1983 ) 1978 363! 512 ( Iowa 1983 ) refused his request for change of venue Government in Des Moines denied... Rebecca is related to Briana E Williamson and Allison Nicole Wagner as well as 4 people! All nine counts adverse to the warden had waited a day, Wagner was the principal actor in forced... Which he has been disciplined, justified the revocation of his right to a trial... He received the committee 's decision for the initial stop of his sixth right. Appellant Reply Brief Appellee Brief + Google Calendar + iCal Export record wagner v state iowa nothing to suggest five...

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