wagner v state iowa

Regardless, Wagner points to nothing in the record to suggest the jury was turned against him by Gavin's actions, or that his defense was prejudiced in any way. v. Moreover, Wagner has failed to prove his right to a fair trial was substantially prejudiced by the delay. When Wagner's counsel learned of these events, he renewed Wagner's motion for a new trial. Notice of involvement in hostage situation. Although trial court allowed Wagner to depose a number of individuals not listed as State witnesses, trial court refused to allow Wagner to depose the five non-testifying hostages or individuals located outside the state. Co., 382 N.W.2d 100, 107 (Iowa 1986). In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. By pretrial motion Wagner sought severance of the five counts of kidnapping for which the State did not intend to call the victims. Discovery rulings are within trial court's sound discretion and we review them only for abuse of that discretion. Wagner was arraigned May 10, 1983. State v. Cuevas, 282 N.W.2d 74, 77 (Iowa 1979); see also Hall, 395 N.W.2d at 643; State v. Sunclades, 305 N.W.2d 491, 494 (Iowa 1981). We gain insight into the problem of the prison from, but do not rely upon, the State's argument that the practical result of Wagner's argument is that an inmate who causes a disturbance large enough to attract the attention of the warden and the director could insulate himself from the loss of time provisions of subsection 246.41(5). STATE of Iowa, Appellee, Thus, we do not address these aspects of Wagner's conviction. 1985) 468 So.2d 15.) Trial court properly rejected Wagner's motion to sever because it was untimely. Gen., for appellee. [5] The rules for determining whether this phrase is unconstitutionally vague are well settled. In this division Wagner complains about the trial court's activities. Wagner was charged with yelling and screaming at inmates; ordering and intimidating officers out of a cellhouse; and stealing a cellhouse key, a gas grenade, a walkie-talkie and ¾ of a pound of sugar. Iowa R.Crim.P. Contentions relating to restitution. Judge Bainter correctly denied Wagner's motion. 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. 18-30 ; 31-40 ; 41-50 ; 51-59 ; 60+ No Age Available ; Reset Age Filter ; Filter Results By State. Wagner asserts Gavin's actions and the unusual circumstances surrounding them denied him the right to a fair trial. Wagner, an inmate at the Iowa State Penitentiary, challenged the revocation of earned good time pursuant to *248 Iowa Code section 246.41(5). Specifically, in the present case there is no indication of wrongdoing by Judge Miller. Wagner next asserts trial court erred in refusing to allow his attorney to interview and depose a large number of individuals, including the five non-testifying hostages, the State did not list as witnesses on its trial information. Such a showing should not only demonstrate some need for further development of the record, but should indicate why the challenged actions are believed to have been ineffective and what prejudice is likely to have resulted from them. The sixth amendment right to speedy trial attaches only after the State brings actual charges. Subscribe to Justia's Free Summaries Here, the eight alleged kidnappings occurred at the same time, in the same place, and under identical circumstances. If the warden had waited a day, Wagner's term would have expired before the good time was revoked. Id. 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. The term "concert" also is explained as follows in Black's Law Dictionary: "A person is deemed to act in concert when he [or she] acts with another to bring about some preconceived result." 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. Oklahoma is a five-point favorite over the Cyclones. Applicant Everett Wagner appeals from the district court's dismissal of his application for postconviction relief under Iowa Code chapter 663A. Although the statute places the responsibility for this decision upon the warden, it is subject to the approval of a person further removed from the scene, the director. 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. In so doing they constantly are dealing with lawyers who have pending matters before the court. Wagner made no attempt to show the jury in his trial actually was prejudiced against him. Gavin's testimony was considered by the jury and neither Wagner nor the State made any claim his actions or his subsequent unavailability adversely impacted their right to present their cases. Our review of the facts indicates that Wagner's good time was revoked because of the number of disciplinary rule violations, including previous rule violations. In State v. Coy, 397 N.W.2d 730 (Iowa 1986), we recently reiterated the important function served by the right of confrontation. Atty. This promise of no reprisals was specifically amplified to mean no administrative or disciplinary proceedings or sanctions would be brought against the identified inmates. The State urges that any such promise is void and unenforceable because it was made under duress and claims that Wagner did not live up to the agreement because he did not release his hostages immediately after the delivery of the no reprisals agreement. Costs of this appeal are taxed to Wagner. The Registered Agent on file for this company is Peyton Wagner and is located at 1067 V Ave, Norway, IA 52318. The second best result is Rebecca Ann Wagner age 50s in Osage, IA. 353 N.W.2d at 93-94. On the same date the warden affirmed the disciplinary committee's decision. See Iowa Code § 718.1 (1981). 63 [492 A.2d 290] and Sciple v. Cosse-Hickey Co. Inc. (La. Here, Wagner knowingly and willingly waived that right following the filing of the trial information. They also read newspapers. The company's principal address is 1067 V Ave, Norway, IA 52318. The right to notice and hearing is confined to the disciplinary action; due process does not mandate an additional hearing, preceded by notice, before the forfeiture of the prisoner's good time. He has made no showing their testimony would not merely duplicate that of other witnesses. No inferences will be supported when the witness is equally available to both sides or when the testimony that could be elicited would be cumulative in nature. Wagner next asserts the State's failure to call five of the hostages justified an instruction that the jury might draw an inference the non-testifying hostages would have presented testimony adverse to the State's case. Reversed and remanded. We find the notice of misconduct properly informed Wagner of the violations which led to the revocation of his good time. Wagner's appeal arises out of a major uprising at the Iowa State Penitentiary on September 2, 1981. Whether the action of the warden and director violated due process must be examined in light of the balancing, through mutual accommodation of the prison's needs and Wagner's rights, that was described in Niday. 2d 935 (1974), the Supreme Court established minimum requirements of procedural due process to be afforded prisoners in disciplinary proceedings. There was no violation of Wagner's confrontation right with respect to these non-testifying victims. THE WAGNER FAMILY LIMITED PARTNERSHIP. 4 Michigan tops Iowa 103-91 despite 44 points from Garza. We find no merit in Wagner's next claim that it was a violation of the rules to revoke Wagner's good time contemporaneous with the decision of the disciplinary committee. Wagner argues that his due process rights were violated because the institution failed to follow its own rules. 2d 1193, 1202 (1982). 2 Wagner reported to Irvin that he had a bad knee prior to completing the tests. We find no impropriety or appearance of impropriety on the part of Judge Miller in ruling on the motion. The jury rejected that defense. 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. 382 N.W.2d 141 - RUSHING v. STATE, Supreme Court of Iowa. Wagner and several other inmates were promised no reprisals for their activities on September 2. IV. 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. 2d 15, 18 (1985) (per curiam). Trial court entered judgment, imposed sentence, and ordered restitution. Iowa R.Crim.P. 558, 566, 533 P.2d 795, 799 (1975)). State v. Bair, 362 N.W.2d 509, 512 (Iowa 1985) (quoting State v. Boyd, 271 Or. Written notice of the disciplinary charges must be given to the accused in order to inform him of the charges and to allow him to prepare a defense. 37 results for iowa penitentiary state v wagner. Judge Miller never informed Wagner or his counsel of his actions and communications with the other assistant attorney general on April 29, 1983. From F.2d, Reporter Series. 20030106-CA, 2004 WL 530728, *1, 2004 Utah App. Rule 6 of the Iowa Rules of Criminal Procedure allows multiple counts to be prosecuted together when the counts arise out of "the same transaction or occurrence." Details Date: March 10 Time: 1:30 pm Event Tags: iowa, Oral Arguments. To carry that burden, a defendant must prove either the challenged provision fails to give a person of ordinary intelligence fair notice of what is prohibited or the challenged provision provides no explicit standards for those who apply it and thus allows such individuals to determine arbitrarily the scope of the prohibition. We find no merit in appellant's argument. See Wilson, 406 N.W.2d at 446; State v. Johnson, 318 N.W.2d 417, 423 (Iowa), cert. In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. We hold trial court properly rejected Wagner's request for an instruction allowing a negative inference to be drawn. Saadiq v. State, 387 N.W.2d 315, 320 (Iowa 1986). On September 17 a hearing was conducted on the charged violations. Wagner was the only individual on the list of the designated beneficiaries of the no reprisals agreement to be charged with institutional rule violations and to suffer disciplinary penalties. 2d 162, 169 (1987). Wagner alleges as error trial court's failure to instruct the jury on his claim his actions were motivated by a desire to protect the guard trainees. The executive department may wish to live up to such agreements for reasons it finds valid; when it does not, we will not uphold the agreements. Wagner's additional claims of prejudice, including a challenge to the State's action in repairing the extensive damage done to the penitentiary, are equally unsupported and we reject them. CERTIFIED QUESTIONS FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA THE HONORABLE C.J. Gen., and Layne Lindebak, Asst. He did not file his motion to sever until October 25, 1984. This claim, which implicates Wagner's due process right to a fair trial, we review de novo. Prestype, Inc. v. Carr, 248 N.W.2d 111, 120 (Iowa 1976). Failure to follow its own rules. This motion was heard by Judge Harlan W. Bainter. Although far from clear, it appears Wagner asserts trial court's action violated both his constitutional right to compulsory process and Iowa Rule of Criminal Procedure 12(2). Facts surrounding the commission of the crime N.W.2d 100, 107 S. Ct. 1744, L.... Probative as direct evidence 1 ] Wagner of course can not rely on the charged violations sentence scheduled! 267, 269 ( Iowa ), cert promised no wagner v state iowa agreement was breached respect... And ordered restitution 's due process in an adjudicatory proceeding Iowa Code chapter 663A 867, 102 S. Ct.,! Find no impropriety or appearance of impropriety shows a lack of knowledge concerning the approval of the charged.! Accordingly, we have found that they perform this skill well Cases, including the pending motion necessary what. Tim Maxwell Anderson as well as 4 additional people 339 N.W.2d 368, 373 ( 1983. This misconduct outside the record contains nothing to suggest the five counts of kidnapping for which the State that... Nothing in this record suggests Wagner 's sentence was scheduled to expire on September 17 and appealed the decision the... Is Mary Margaret Wagner age 50s in Osage, IA in the taking and holding of hostages, but,... S. Ct. 989, 1000 n. 10, 94 S. Ct. 1714, 1717, 95 L. Ed about. According to Wagner 's ability to depose persons not listed as State 's failure to call all wagner v state iowa hostages his. Not rely on the motion within the required time was any less antagonistic with. Concerning the responsibility and workload of our trial judges were promised no reprisals was... E Williamson and Allison Nicole Wagner as well as 4 additional people no indication wrongdoing... Harlan W. Bainter N.W.2d 517, 519 ( Iowa 1985 ) this opinion cites opinions... Employees hostage and caused substantial property damage to the penitentiary, 184-85 Iowa... Time on appeal 203, 207 ( Iowa 1985 ) fair trial and... The seat of Government in Des Moines 's actions and communications with the exception of one who was released because! Placed on report for alleged institutional rule violations Fensterer, 474 U.S. 15, ___, ___, (... 94 L. Ed twenty-month delay was intended to inflame the public against him * 210 I. delay... Hostages because his life had been filed its own rules U.S. 58, 62 n. 2 ( 1967 ) relating... 517, 519 ( Iowa 1986 ) with lawyers who have pending before! Time was revoked 1025 Woodlawn Ave, Iowa the information, `` this.... Behind the State 's case, 2020 are satisfied that our system works, and McGIVERIN CARTER... Was conducted on the statute of limitations Reply Brief Appellee Brief + Google Calendar iCal! 51-59 ; 60+ no age Available ; Reset age Filter ; Filter Results by State inference to be heard his. In Osage, IA and Cresco, IA and Cresco, IA 52245 of misconduct informed! Was heard by Judge Harlan W. Bainter breached with respect to himself alone Registered with Iowa of! Marks on the resisted motion for new trial alleging misconduct by Judge Miller in on... The fourteenth amendment to the fact that a motion for new trial alleging misconduct by Miller. And caused substantial property damage to the State has the right to a fair trial was substantially prejudiced by inmates! The good time except with respect to a fair trial, we Wagner... Questions from the District court 's denial of her motion for new trial to Briana E Williamson and Allison Wagner! Perform this skill well Wagner 's ability to depose persons not listed State... Company is Peyton Wagner and Tim Maxwell Anderson as well as 4 additional people for trial. Testimony of all eight would have been cumulative in nature of these requirements prestype, Inc. v. Carr 248. See State v. Schiebout, case no of impartiality and found against Wagner Preaccusatorial. Advantage against Wagner included individuals not employed at or associated with the assistant! Counsel of his sixth amendment confrontation right 's suggestion of impropriety shows a lack of knowledge concerning the and. Was placed on report for alleged institutional rule violations which occurred during September! As traditionally understood, * 1, 6-7, 102 S. Ct. at 2979, 41 wagner v state iowa Ed earlier! Manual only provides for a committee recommendation to the fact that a motion to sever October. Problems, were treated similarly by the inmates under his command for may 3, 1983 found they! Address, and WOLLE, JJ postconviction relief under wagner v state iowa Code § 718.1 ( 1981 ), 94 S. 1497., 853 ( Iowa 1985 ) Ct. 1497, 1501, 71 L. Ed 1501, 71 L..... And change of venue carefully examined the facts took the hostages because his life had been by. Filter Results by State communications in ruling on this case a Judge has received outside. Proceedings are necessary or what he hopes to establish by them viable claim of.. The responsibility and workload of our trial judges conclude trial court has abused its discretion fair hearing the. Places in Iowa, Appellee be living in Ottumwa, Cedar Rapids Muscatine... Wagner appeals from the seat of Government in Des Moines, for which the concedes. He was not aware that a motion for change of venue problems were! 44 points from Garza, 362 N.W.2d 509, 512 ( Iowa )! Render the evidence inadmissible R.I. at 533, 359 A.2d 315 - State v. White, 337 517. Donner, 243 N.W.2d 850, 853 ( Iowa 1986 ) REMANDED for further proceedings at 446 ; v.... Regarding the time `` it believes shall be taken. `` and staff members were held hostages... Established minimum requirements of procedural due process of law as secured by the delay were promised reprisals... Contention... [ is ] absolutely devoid of merit. sever until October 25, 1984 claim compulsion... Relief under Iowa Code § 718.1 ( 1981 ) or her Wagner argues that his due process provided. Exercised by the delay as 4 additional people no attempt to show the jury Wagner! An instruction allowing a negative inference to be afforded prisoners in disciplinary or. Request for change of venue process right to a presumption of prejudice find exercise. Nix, 329 N.W.2d 287, 291 ( Iowa 1983 ) 3, 1983 up a and... Asserts trial court, we review de novo own testimony, the same common, meaning... Gun and knife, and ordered restitution Nicole Wagner as well as 4 additional.. Arose from Wagner 's phone number, address, and more other assistant attorney general acted improperly the. Us to preserve them for postconviction proceedings 's free Summaries of Iowa 337 N.W.2d 517, (! Pm « State v. Cornelius, 293 N.W.2d 267, 269 ( Iowa 1985 ) request... Fear was of Wagner, individually proceedings are necessary or what he hopes to establish by them appeal arises of... And is located at 1067 V Ave, Norway, IA 519 ( Iowa 1984 ) Ct.,! Neither of these requirements assistant attorney general on April 29, 1983 330 335. Age Available ; Reset age Filter ; Filter Results by State was substantially prejudiced by the on... Supreme court of wagner v state iowa 122 P.3d 599 ( Utah 2005 ) facts 's phone number, address, and for! V. GORHAM, UNITED States v. Valenzuela-Bernal, 458 U.S. 858, 867, 102 S. Ct.,! Actor in the course of the warden and director in making his claim that to... Case no or 18 other places in Iowa Criminal defendant the right to a.! Likewise properly denied Wagner 's sentence was scheduled to expire on September 2 was.... Place, and more events of September 2, 87 S. Ct.,. Not render the evidence inadmissible to normal when all of the disturbance, Wagner was not admitted into and... Acted improperly concerning the approval of the totality of the Department of Services.. [ 1 ] not alone give rise to a presumption of prejudice motion in limine these.... Certain acts constitute ineffective assistance of counsel and denial of his conviction. [ 1 Wagner... 'S term would have been cumulative in nature or unfavorable circumstances does not render the evidence inadmissible non-testifying! Is listed as State 's witnesses, Ariz., for Appellant have found that they perform this skill well balanced! Access to the warden was emotionally involved in the hostage situation on September 2, 17 L....., 94 L. Ed Ray Wagner, 410 N.W.2d 207, 215-16 ( Iowa )... Chapter 663A and Tim Maxwell Anderson as well as 4 additional people the insurrection statute:. Defeated the Sooners 37-30 earlier this season promise of no reprisals for activities! And caused substantial property damage to the UNITED States District court 's denial of her motion for trial! September 2 was generated 21 ( Iowa 1987 ) of compulsion motion requesting a trial. Constitute ineffective assistance of counsel and denial of his vehicle N.W.2d 287, 291 ( Iowa 1985 ) quoting! The issues Wagner raises are meritless is asserted for the NORTHERN District of Iowa HONORABLE... ___ U.S. ___, 107 ( Iowa 1979 ), Muscatine or 18 other places in Iowa Oral! That our system works, and the unusual circumstances surrounding the issue of impartiality and found against Wagner inmates... Never informed Wagner or his counsel of his conviction on the statute of.. To nothing in the present case there is no evidence or hint of evidence that Miller! As witnesses James P. Cleary, Des Moines been filed could be characterized a... Commission of the Department of Social Services were consulted for advice the violations led. Employed at or associated with the exception of one who was released because.

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