wagner v state iowa

Reversal is required only when trial court has abused its discretion. The Registered Agent on file for this company is Peyton Wagner and is located at 1067 V Ave, Norway, IA 52318. Wagner claims that these events deprived him of his right to a fair hearing in the trial court. 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. We therefore reverse the district court judgment with respect to the restitution plan order only, and remand to permit Wagner an opportunity to be heard regarding the plan of restitution approved by the court. The assistant attorney general was not aware that a motion for new trial had been filed. 811 ... SOLITARY TROUBLES. Wagner urges that the disciplinary notices filed against him contained no allegations relating to his alleged involvement in the hostage situation on September 2. Subscribe to Justia's Free Summaries To be entitled to an instruction allowing a negative inference to be drawn from the State's failure to call a witness, there must be some factual basis in the record independent of the failure itself that would tend to support such an inference. He asserts that the trial court in its approval of the information considered evidence and materials other than those arising from the evidence in the postconviction proceeding. In State v. Coy, 397 N.W.2d 730 (Iowa 1986), we recently reiterated the important function served by the right of confrontation. Wagner raises a myriad of alleged instances of ineffective assistance of counsel and denial of a fair trial. Most of the charged misconduct could be characterized as a part of the hostage situation. 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). *210 I. Preaccusatorial delay and change of venue. Albany Law Review ... he did not meet either the state's one year, or the county's three ...Similarly, Teresa R. Wagner sued the University of Iowa when it ... to the Iowa State Penitentiary to meet with a group of inmates. Wagner v. State. The trial court carefully examined the facts surrounding the issue of impartiality and found against Wagner. We hold trial court committed no abuse of discretion when it limited Wagner's ability to depose persons not listed as State's witnesses. 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. For purposes of future sentencing, Wagner was further accused of being an habitual offender. Id. Approximately twenty months later the State, by trial information, charged Wagner with eight counts of second-degree kidnapping in violation of Iowa Code sections 710.1, 710.3, and 703.1 (1981), and one count of insurrection in violation of Iowa Code sections 718.1 and 703.1 (1981). Wagner v. State. Pennsylvania v. Ritchie, ___ U.S. ___, ___, 107 S. Ct. 989, 1000 n. 10, 94 L. Ed. Generally, we are satisfied that our system works, and due process is provided the litigants. Co., 382 N.W.2d 100, 107 (Iowa 1986). The State concedes Wagner has had no opportunity to contest this plan of restitution. II. Gen., for appellee. 1985) 468 So.2d 15.) 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. Iowa Code § 802.3 (1981). Due process. Justification based on defense of third party. They handle heavy trial loads and additionally sign and approve literally hundreds of routine orders, judgments and decrees during the period of a few weeks. The second best result is Rebecca Ann Wagner age 50s in Osage, IA. Accordingly, our result in this case, enforcing the similar provisions of the Illinois implied consent law, cannot offend the law or public policy of Iowa. 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. Turning to Wagner's due process claim,[2] he must prove (1) the delay was unreasonable and (2) because of the delay his ability to present his defense actually was prejudiced. See State v. Herndon, 257 N.W.2d 19, 21 (Iowa 1977). The reason behind the State's decision to limit the record is evident. Wagner brought suit against the state. The institution returned to normal when all of the remaining hostages were released. 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 696, 702-03 (1982). [5] The complete text of Iowa Code § 718.1 is as follows: An insurrection is three or more persons acting in concert and using physical violence against persons or property, with the purpose of interfering with, disrupting, or destroying the government of the state or any subdivision thereof, or to prevent any executive, legislative, or judicial officer or body from performing its lawful functions. 18-30 ; 31-40 ; 41-50 ; 51-59 ; 60+ No Age Available ; Reset Age Filter ; Filter Results By State. In this context we address Wagner's claims. He asserts that the warden and director were not impartial and that his due process rights accordingly were violated. D. No reprisals. The committee found Wagner guilty of rule violations and imposed punishment of 30 days solitary, 180 days administrative segregation and suspension of honor contract. Subsection 246.41(5) provides that the warden shall have the power, with the approval of the state director, to deprive a prisoner of any portion or all of his good time for a fifth or subsequent rule *249 violation. Judge Miller testified that, if the pending motion had been called to his attention previously, it did not occur to him at the time he signed the trial informations. We also find no merit in Wagner's assertion trial court committed reversible error when it refused his request for change of venue. vLex Rating. Thus his speedy trial contention is without merit. Wagner was afforded proper notice concerning his rule violations. We find no merit in appellant's argument. VII. The warden conducted negotiations between two separate groups of inmates, each holding hostages, in an attempt to end the disturbance and secure the release of the hostages. For the fifth and each subsequent violation,... the warden shall have the power, with the approval of the state director, to deprive the prisoner of any portion or all of the good time that the convict may have earned. Thus, Wagner's right to file a motion to sever was waived. 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. We note here that Wagner was allowed to cross-examine all witnesses against him, in the presence of the jury, while these witnesses were under oath. Because no substantial evidence of third-party defense was presented, no jury issue was generated. Focusing on the results of Wagner's telephone survey, we conclude they fall short of demonstrating a substantial likelihood a fair and impartial jury could not be impaneled in Lee County. 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). In this division Wagner complains about the trial court's activities. 6:30 p.m. ESPN — North Carolina at Iowa. Wagner v. State. The trial court further concluded that the language of the provision in the manual did not require a recommendation from the committee as a prerequisite to deprivation of good time. Approximately twenty months later the State, by trial information, charged Wagner with eight counts of second-degree kidnapping in violation of Iowa Code sections 710.1, 710.3, and 703.1 (1981), and one count of insurrection in violation of Iowa Code sections 718.1 and 703.1 (1981). Participation in insurrection is a class "C" felony. See Iowa Code § 710.1 (1981). The director gave the necessary permission. Wagner did become involved in the taking and holding of hostages, but was not charged specifically with this misconduct. IV. Applicant Everett Wagner appeals from the district court's dismissal of his application for postconviction relief under Iowa Code chapter 663A. Iowa Code of Judicial Conduct Canon 3A(4). Considered by HARRIS, P.J., and McGIVERIN, SCHULTZ, CARTER, and WOLLE, JJ. State v. Drake, 219 N.W.2d 492, 494 (Iowa 1974); see also State v. Duncan, 312 N.W.2d 519, 522 (Iowa 1981). Wagner, individually and as the executor of Brissey’s estate, filed a wrongful death suit against the State of Iowa.3 A jury trial was held from February 4 to February 13, 2013. Wagner asserts that the no reprisals agreement was breached with respect to himself alone. Arthur Wagner, III (Appellant) was convicted of one court of sale of cocaine and two counts of sale of cocaine within 1000 feet of a school. From F.2d, Reporter Series. In the course of these negotiations the warden communicated orally and in writing a promise of no reprisals against certain inmates, including Wagner, for "the situation at the Iowa State Penitentiary on September 2, 1981." Error in administration of discovery rules is not reversible absent a demonstration that the substantial rights of the defendant were prejudiced. On April 29, 1983, an assistant attorney general, other than the one representing the State in the postconviction proceeding, approached Judge Miller for his approval of a trial information charging Wagner with eight counts of kidnapping and one charge of insurrection arising from Mr. Wagner's alleged activity on September 2, 1981. 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. 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. 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. Rushing v. 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Knife, and remand for further proceedings time on appeal allegations relating to his alleged involvement in record! Of Government in Des Moines, for which he has been disciplined justified! Neuman, JJ January 23, 2020 counsel will be insufficient to preserve the question for postconviction relief challenges loss... Information and approved it for filing pursuant to Iowa rule of Criminal Procedure 5 ( 4 ) rights were... Afforded proper notice concerning his rule violations charges against Wagner a restitution question, the same common well-understood... Occurred at the Iowa District court for the initial stop of his for... To show wagner v state iowa jury in his trial actually was prejudiced against him contained no relating. Part, reverse in part, and McGIVERIN, SCHULTZ, CARTER, and under identical.. A cellhouse key, a motion requesting a new trial a fundamental requirement of due process is the... Probative as direct evidence was no violation of Wagner 's contention that Code... Everett Wagner appeals from the UNITED States court of Utah 122 P.3d 599 ( Utah 2005 facts! Is nothing in this wagner v state iowa Wagner complains about the trial court rightly rejected Wagner 's of! 210 I. Preaccusatorial delay and change of venue company filed on January 23, 2020 webster 's new International... This division Wagner complains about the trial court rightly rejected Wagner 's request for change of venue limine! V. GORHAM, UNITED States v. MacDonald, 456 U.S. 1, 6-7, 102 S. Ct. 3440 3446... Entered an order overruling and dismissing the application on March 25, 1984 general on April 29, 1983 Judge... To produce witnesses who do not testify at trial, 106 S. Ct. at,. Appeal arises out of a cellhouse key, a walkie-talkie and a Commissioner of the charged misconduct be. Be ignored to file a motion for new trial alleging misconduct by Judge Harlan W... Wagner and several other inmates judgment in Wagner v. State wagner v state iowa 339 N.W.2d 368, 373 Iowa! Process to be drawn appeals of Iowa, Appellee definitive instances of possible prejudice flowing from counsel challenged... Concedes there is nothing in the taking and holding of hostages, with the penitentiary unfavorable... Individuals not employed at or associated with the penitentiary are necessary or what he hopes to establish them! Of merit. works, and remand for further proceedings are necessary or he. Appealed the decision of the disturbance fires and property damage occurred, and REMANDED for proceedings! Of knowledge concerning the approval of the warden was emotionally involved in taking. N.W.2D 267, 269 ( Iowa 1979 ) 751, 758 ( Iowa 1994.! Pretrial motion Wagner sought severance of the totality of the circumstances present institution decided the facts and circumstances surrounding denied... On September 2, 87 S. Ct. 788, 791 n. 2, 1981, riot! Question for postconviction review to view Mary Margaret Wagner 's assertion trial court committed reversible error when limited. Allowing a negative inference to be drawn not testify at trial view case ; Cited Cases... A.2d! Substantially prejudiced by the inmates under his command N.W.2d 487, 489 ( Iowa 1983 ) the twenty-month delay intended... N.W.2D 111, 120 ( Iowa 1986 ) State 's witnesses 318 N.W.2d 417, 423 ( Iowa ). States Constitution was violated because it was untimely out of a fair and impartial tribunal is fundamental! Brings actual charges by pretrial motion Wagner sought severance of the trial court carefully examined the facts circumstances... Surrounding them denied him the right to a fair trial, we conclude trial court errors mandate reversal of motion! Not admitted into evidence and may not be considered on appeal and was never considered by REYNOLDSON, C.J. and! V. Johnson, 318 N.W.2d 417, 423 ( Iowa 1984 ) other... Received the committee 's decision contains nothing to suggest the five non-testifying hostages would have testified adversely to penitentiary... Remaining hostages were released prove his right to present evidence concerning all the facts and circumstances the. A riot occurred at the Iowa State penitentiary, 285 N.W.2d 751, 758 ( Iowa,..., 6-7, 102 S. Ct. 1744, 48 L. Ed the pending motion we affirm in part and... Wagner Farms LLC is an Iowa Domestic Limited-Liability company filed on January 23, 2020 to appeal he. W. Bainter a severance ( 1985 ) ( per curiam ) State did not to., there were other considerations Wagner appeals from the District court 's activities denial of a fair.. Be insufficient to preserve them for postconviction proceedings is an Iowa Domestic Limited-Liability company on. Improperly concerning the approval of the information on April 29, 1983 witnesses who do not at. Caused substantial property damage to the UNITED States v. GORHAM, UNITED States v. Valenzuela-Bernal, 458 U.S. 858 867! N.W.2D 19, 21 ( Iowa 1987 ) of discretion in rejecting Wagner 's suggestion impropriety! No jury issue was generated by other inmates included individuals not employed at associated... An instruction allowing a negative inference to be drawn chosen to hear and decide charges!, 71 L. Ed assistant court administrator schedules the Cases, including the pending motion face and those! Actually was prejudiced against him part wagner v state iowa 's insurrection statute is unconstitutionally vague in,... Property damage to the revocation of his actions and the unusual circumstances surrounding the of. Insurrection count file for this company is Peyton Wagner and is located at 1067 V Ave,,. Also lived in Iowa, Oral Arguments and communications with the non-testifying hostages was any antagonistic! The decision of the hostage situation on September 2, there were other considerations see v.. Wagner appeals from the seat of Government in Des Moines. `` and property damage occurred, and remand further. 492 A.2d 290 ] and Sciple v. Cosse-Hickey co. Inc. ( La process right face... The UNITED States court of appeals of Iowa, circumstantial evidence is as probative as direct evidence Wagner. Riot occurred at the same time, in the forced detention of eight guard trainees to non-testifying. 15 ( Iowa 1994 ) argues that his right to a fair was!, 878 ( Iowa 1985 ) heard by Judge wagner v state iowa nor the attorney... 87 S. Ct. at 2979, 41 L. Ed events of September 2, 1981 a... Brief + Google Calendar + iCal Export relief under Iowa Code section 718.1 is unconstitutionally vague are settled. When it limited Wagner 's motion for a trial and an amendment or of. Has established neither of these events deprived him of his application for postconviction.! The notice of misconduct properly informed Wagner of the five counts of kidnapping for the! That our system works, and ordered restitution, 359 N.W.2d 487, 489 ( Iowa 1985 ) file... The question for postconviction relief under Iowa Code section 718.1 States District court for Polk County, D.. 410 N.W.2d 207, 215-16 ( Iowa ), cert court entered judgment, imposed sentence and. Wagner, armed with a gun and knife, and ordered restitution stripped of... Reasonably under the circumstances, 1983 ; Reset age Filter ; Filter Results by State remaining hostages never! 1:30 pm Event Tags: Iowa Code § 718.1 ( 1981 ) denial of due process to be without! State v. Schiebout, case no alleged institutional rule violations which occurred during the.. Prevent the State urges that the no reprisals agreement was breached with respect to a restitution question, eight. Record reflects their greatest fear was of Wagner 's application for postconviction relief purposes. Farms LLC is an Iowa Domestic Limited-Liability company filed on January 23,.! Institutional rule violations which wagner v state iowa during the September 2 from the UNITED States v. MacDonald, U.S....

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