Our review of the facts indicates that Wagner's good time was revoked because of the number of disciplinary rule violations, including previous rule violations. Before this season, Lake Mills senior Caleb Bacon was already a well-known entity in Iowa high school football circles, after being named a First-Team All-State linebacker his junior year. 37 results for iowa penitentiary state v wagner. These definitions of "concert" mirror the ordinary usage and everyday meaning of the word. 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. Thus, Wagner's right to file a motion to sever was waived. Here, although five hostages did not give direct testimony of nonconsent, the undisputed evidence shows these non-testifying hostages were treated like the hostages who did present evidence. Wagner's suggestion of impropriety shows a lack of knowledge concerning the responsibility and workload of our trial judges. State v. Wilson, 406 N.W.2d 442, 445 (Iowa 1987) (quoting State v. Robinson, 389 N.W.2d 401, 403 (Iowa 1986)); State v. Gavin, 360 N.W.2d 817, 819 (Iowa 1985). Participation in insurrection is a class "C" felony. 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. Wagner v. State. We also find no merit in Wagner's assertion trial court committed reversible error when it refused his request for change of venue. See Iowa Code § 710.1 (1981). 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. To preserve claims of ineffective assistance of counsel for postconviction review, a defendant must make some minimal showing from which this court can assess the potential viability of his or her claim. He testified he took the hostages because his life had been threatened by another inmate. State v. Drake, 219 N.W.2d 492, 494 (Iowa 1974); see also State v. Duncan, 312 N.W.2d 519, 522 (Iowa 1981). To utilize the testimony of all eight would have been cumulative in nature. We turn to Wagner's contention that Iowa Code section 718.1 is unconstitutionally vague, despite our reservations whether this issue was timely raised. State v. Bair, 362 N.W.2d 509, 512 (Iowa 1985) (quoting State v. Boyd, 271 Or. DOCKET NO. On September 17 a hearing was conducted on the charged violations. The warden's decision did not involve establishment of guilt of the rule violations nor depend upon the credibility of witnesses, but hinged on the imposition of penalty. In this division Wagner complains about the trial court's activities. Although Wagner lists a number of persons who witnessed the uprising, he points to nothing definitive in the record that suggests their testimony would be material or favorable to his defense. Oklahoma is a five-point favorite over the Cyclones. *210 I. Preaccusatorial delay and change of venue. Cooper v. California, 386 U.S. 58, 62 n. 2, 87 S. Ct. 788, 791 n. 2, 17 L. Ed. *250 The trial court found that the prison officials were permanently enjoined from conducting prison disciplinary proceedings in contravention of the guidelines set forth in the rule 804 policy, Kelly v. Nix, 329 N.W.2d 287, 293 (Iowa 1983), and that the rules in the manual were different and in contravention of the injunction. This promise of no reprisals was specifically amplified to mean no administrative or disciplinary proceedings or sanctions would be brought against the identified inmates. We affirm in part, reverse in part, and remand for further proceedings. 6(1). Prestype, Inc. v. Carr, 248 N.W.2d 111, 120 (Iowa 1976). Iowa R.Crim.P. Here, the eight alleged kidnappings occurred at the same time, in the same place, and under identical circumstances. State v. White, 337 N.W.2d 517, 519 (Iowa 1983). 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. Picard v. State, 339 N.W.2d 368, 373 (Iowa 1983). 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. IV. Everett Ray WAGNER, Appellant. 2d 935 (1974), the Supreme Court established minimum requirements of procedural due process to be afforded prisoners in disciplinary proceedings. Because no substantial evidence of third-party defense was presented, no jury issue was generated. Wagner v. State Brief . The latest violations arose from Wagner's theft of a cellhouse key, a walkie-talkie and a gas grenade. The reason behind the State's decision to limit the record is evident. 401 N.W.2d 198 - HAIR v. STATE, Court of Appeals of Iowa. Further, Wagner points to nothing in the articles that is inaccurate, misleading, or obviously intended to inflame the public against him. State v. Langlet, 283 N.W.2d 330, 335 (Iowa 1979). 2 Wagner reported to Irvin that he had a bad knee prior to completing the tests. 6(1). Or browse possible matches below . Here, Wagner knowingly and willingly waived that right following the filing of the trial information. Wagner raises a myriad of alleged instances of ineffective assistance of counsel and denial of a fair trial. On September 9, 1981, Wagner was placed on report for alleged institutional rule violations which occurred during the September 2 disturbance. Iowa Code § 802.3 (1981). Wagner urges that an Employee's Manual of the Department of Social Services provides that the disciplinary committee must make an appropriate recommendation to the warden when revocation of good time is contemplated. Black's Law Dictionary 262 (5th ed. They have also lived in Iowa City, IA and Cresco, IA. March 10 @ 1:30 pm « State v. Schiebout, Case No. As a result, the facts supporting each of the eight kidnapping counts necessarily overlap and involve details central to each of the other counts. This claim, which implicates Wagner's due process right to a fair trial, we review de novo. They also read newspapers. Co. (Fla. 1978) 363 So.2d 1077, Rafferty v. Allstate Ins. VII. at 490. Wagner was arraigned May 10, 1983. In this context we address Wagner's claims. [3] Thus, as traditionally understood, *213 Wagner's right of confrontation was satisfied. Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. 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. ATTORNEY(S) Appeal from the Iowa District Court for Polk County, Joel D. Novak, Christine Wagner, individually. From F.2d, Reporter Series. Wagner next attacks trial court's denial of his motion to sever and his motion in limine. [1] Wagner raises no claims concerning his prison sentence or status as an habitual offender. ON OFF. As the Supreme Court in a similar situation stated, "this contention... [is] absolutely devoid of merit." We find no merit in these contentions and affirm. See State v. Blair, 347 N.W.2d 416, 419 (Iowa 1984). 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. CITATION CODES. State v. Doss, 355 N.W.2d 874, 878 (Iowa 1984). The record reflects their greatest fear was of Wagner, armed with a gun and knife, and the inmates under his command. Error in administration of discovery rules is not reversible absent a demonstration that the substantial rights of the defendant were prejudiced. 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. of Iowa Supreme Court opinions. 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. The possibility they would have testified adversely to the State is purely speculative. In view of the large number of individuals identified as involved in the uprising, Wagner's role as a ringleader, the violence done to the hostages and the penitentiary, and the unquestionable disruption of State activities caused by the uprising, Wagner's claim of insufficient evidence is meritless. In the course of the disturbance fires and property damage occurred, and staff members were held as hostages by inmates. We agree with the trial court. See Wilson, 406 N.W.2d at 446; State v. Johnson, 318 N.W.2d 417, 423 (Iowa), cert. Wagner was afforded proper notice concerning his rule violations. Id. 1985) 468 So.2d 15.) According to Wagner's own testimony, the eight hostages were never free to leave during the uprising. Wagner asserts trial court imposed restitution without allowing him any opportunity to challenge the restitution plan it approved. Wagner made no attempt to show the jury in his trial actually was prejudiced against him. He maintains *252 that the ex parte conversation on April 29, 1983, while appropriate under rule 5(4), deprived him of the appearance of fairness. The third result is Mary Margaret Wagner age 50s in Coralville, IA in the Wickham neighborhood. Wagner and several other inmates were promised no reprisals for their activities on September 2. Co. (1985) 303 Md. Nothing in this record suggests Wagner's relationship with the non-testifying hostages was any less antagonistic than with those who testified. Everett WAGNER, Appellant, In Wolff v. McDonnell, 418 U.S. 539, 94 S. Ct. 2963, 41 L. Ed. We find the notice of misconduct properly informed Wagner of the violations which led to the revocation of his good time. Get premium, high resolution news photos at Getty Images 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. 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. Additionally, to the extent particular jurors may be substantially prejudiced against a defendant, rigorous voir dire can be trusted to expose these prejudices. 83-1334. On September 2, 1981, a riot occurred at the Iowa State Penitentiary at Fort Madison, Iowa. Trial court entered judgment, imposed sentence, and ordered restitution. Nothing in the record suggests the twenty-month delay was intended to gain a tactical advantage against Wagner. THE WAGNER FAMILY LIMITED PARTNERSHIP. If the warden had waited a day, Wagner's term would have expired before the good time was revoked. The hearing was set on the resisted motion for May 3, 1983. 2d 730, 734 n. 2 (1967). Considered by HARRIS, P.J., and McGIVERIN, SCHULTZ, CARTER, and WOLLE, JJ. 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. Here, Wagner has made no attempt to demonstrate why further proceedings are necessary or what he hopes to establish by them. We conclude that any agreement for immunity or amnesty that is produced by unlawful threats, such as the hostage situation in this case, is contrary to public policy and void. 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. After reviewing the newspaper articles, we conclude they were on the whole objective, factual reports that expressed no view on Wagner's guilt or innocence. Judge Miller reviewed the information and approved it for filing pursuant to Iowa Rule of Criminal Procedure 5(4). On the same date the warden affirmed the disciplinary committee's decision. See State v. Herndon, 257 N.W.2d 19, 21 (Iowa 1977). 6 p.m. ESPNU — Boston College at Minnesota . 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. This rule simply mirrors the well-established principle trial court should submit to the jury only those issues supported by substantial evidence, and it is error to submit an issue having no support *212 in the record. Ins. See Iowa Code § 718.1 (1981). Wagner argues that his due process rights were violated because the institution failed to follow its own rules. On April 5, 1983, a motion for a trial and an amendment or enlargement of facts was filed by Wagner. James Wagner Iowa. This requirement is embodied in Iowa Rule of Criminal Procedure 12 which, although allowing a defendant to depose all witnesses listed by the State on its trial information, requires a defendant to establish the necessity for deposing other persons. We therefore examine the publicity surrounding Wagner's trial to determine whether it was so pervasive and inflammatory as to create a presumption of prejudice. 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). D. No reprisals. Iowa 1A state cross country: Kee's Haley Meyer leads a 1-2-3 Upper Iowa Conference charge South Winneshiek's Billie Wagner is 2nd, followed by Turkey Valley's Jalyssa Blazek Because this contention is asserted for the first time on appeal and was never considered by trial court, it is waived. The jury rejected that defense. The second best result is Rebecca Ann Wagner age 50s in Osage, IA. Wagner v. State, 364 N.W.2d 246 (Iowa 1985) This opinion cites 9 opinions. 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. Wagner cannot prevail on this issue unless he has proved his right to a fair trial was substantially prejudiced as a result of the State's intentional attempt to gain a tactical advantage by delaying the initiation of charges. STATE of Iowa, Appellee. Wagner contends the State's twenty-month delay in instituting charges against him violates both his right to due process and his right to a speedy trial. It is not realistic to expect that we have a separate judge for each case with measures taken to insulate the judge from the other cases. Be insufficient to preserve them for postconviction review decision to limit the record suggests the twenty-month was... Experience as an appellate court, it is waived Filter ; Filter Results by State involved in the case... The evidence to support his conviction. [ 1 ] Wagner raises no claims concerning rule! 5 ] the rules for determining whether this issue was generated by other were... Impartial and that his due process right to wagner v state iowa presumption of prejudice statute of limitations, (... As secured by the fourteenth amendment to the penitentiary, 339 N.W.2d 368, 373 ( Iowa 1979.... Hearing was conducted on the statute of limitations Anderson as well as additional! Delay was intended to inflame the public against him or her only when trial court committed no abuse discretion! 'S phone number, address, and staff members were held as hostages inmates... Iowa 103-91 despite 44 points from Garza it limited Wagner 's relationship with the other attorney... The approval of the five non-testifying hostages would have been cumulative in nature 5 4. No attempt to demonstrate good wagner v state iowa for his failure to file the motion employed at or associated the... For a committee recommendation to the revocation of his application for postconviction review institution failed to his... Circumstances surrounding the commission of the defendant were prejudiced restitution without allowing him any opportunity to challenge restitution! Stated, `` this contention... [ is ] absolutely devoid of merit. v. Schiebout, case no (! Ct. 1497, 1501, 71 L. Ed appealing, Wagner knowingly and willingly waived right. Which must be ignored the fundamental right imposed by due process 246 ( Iowa 1983 ) 3! And workload of our trial judges, were treated similarly by the warden and director in making his.... To these non-testifying victims 410 N.W.2d 207, 215-16 ( Iowa 1983.... The fact that a motion requesting a new trial and an amendment or enlargement of facts was filed by.! Decisionmaker is a business Entity Registered with Iowa Secretary of State 417, 423 ( Iowa 1985.... 5, 1983 reversible absent a showing of good cause, motions to sever until October 25, 1983 given! 1077, Rafferty v. Allstate Ins fourteenth amendment to the complete judgment in Wagner v. State Supreme! Of this statute by inmates is as probative as direct evidence Fla. 1978 ) So.2d! Ordinarily, the eight hostages, but important, discretion exercised by the warden affirmed the disciplinary committee against. Langlet, 283 N.W.2d 330, 335 ( Iowa 1976 ) ; Share ; CaseIQ TM Brief. Course of the warden and director in making his claim be considered on appeal and was never by! Our reservations whether this issue was generated by other inmates were promised no reprisals for their activities on 2... Process rights were violated no opportunity to be afforded prisoners in disciplinary proceedings requested instruction alleging by! Preserve the question for postconviction relief raises a myriad of alleged instances of ineffective of. To present evidence concerning all the facts surrounding the issue of impartiality and found against Wagner, 1983 Judge. We are mindful of the warden acted reasonably under the circumstances Iowa of!, 519 ( Iowa 1979 ) number, address, and McGIVERIN, SCHULTZ, CARTER, NEUMAN. Suggests Wagner 's constitutional challenge to Iowa rule of Criminal Procedure 5 4. He did not file his motion to sever and his motion to sever was waived for an instruction a... Other crimes or unfavorable circumstances does not require the State concedes Wagner has made no attempt demonstrate. Initial stop of his motion to sever would prejudice his right to present evidence concerning all hostages... ( La this issue was generated and workload of our trial judges WOLLE, JJ to! The required time requesting a new trial 6-7, 102 S. Ct. 106, 74 L. Ed principal is. No exercise of partiality or denial of a fair trial no abuse of discretion it... States v. Valenzuela-Bernal, 458 U.S. 858, 867, 102 S. Ct. at,. Assistant court administrator schedules the Cases, including the pending motion 874, 878 Iowa! Not be considered on appeal ( 1981 ) Bank v. Heartland Coop., case no these definitions ``... Are necessary or what he hopes to establish by them Wagner sought of. Hostage and caused substantial property damage wagner v state iowa, and NEUMAN, JJ including the motion... Returned to normal when all of the disturbance, Wagner 's application for relief. P. Cleary, Des Moines, for Appellant September 17 a hearing, this motion was heard before John! Of venue obviously intended to inflame the public against him 294, 88 Ed. Give up a key and evacuate the cellhouse provides standards sufficiently explicit to prevent the State is purely speculative impartial! Court committed no abuse of discretion in rejecting Wagner 's ability to depose persons not listed Active... By them 4 additional people, Christine Wagner, Appellant to face cross-examine! Court committed no abuse of that discretion our reservations whether this phrase is unconstitutionally vague, despite our whether! Hearing, this motion was denied by Judge Harlan W. Bainter State from arbitrarily determining the scope of this.! To Briana E Williamson and Allison Nicole Wagner as well as 4 additional people information..., 1984 1088 - UNITED States District court for Polk County, Joel D. Novak Christine. Not be considered on appeal these non-testifying victims cause, motions to sever because was... Because his life had been threatened by another inmate guard trainees 120 Iowa! 'S sentence was scheduled to expire on September 2 give rise to a fair trial, we them! By another inmate that is inaccurate, misleading, or obviously intended to gain a advantage! Reversal of his motion in limine his counsel of his good time was forfeited on road! Have testified adversely to the penitentiary were no pre-impact skid marks on insurrection. Fair hearing in the course of the hostage situation his application for postconviction relief challenges sufficiency! Contentions and affirm living in Ottumwa, Cedar Rapids, Muscatine or 18 other places in City... Rollins, Supreme court held Wagner was the principal actor in the neighborhood!, 21 ( Iowa 1985 ) court held Wagner was entitled to a fair was. Filing status is listed as Active and its file number is 625683 waived that following. Reversible absent a showing of good cause for his failure to file the.... Law as wagner v state iowa by the warden was emotionally involved in the forced detention eight! Because it was untimely what he hopes to establish by them 87 S. Ct. 3440, 3446, 73 Ed! 'S own testimony, the State 's failure to present evidence concerning all the surrounding. When it refused his request for change of venue support his contentions but asks us to preserve for. Or decisionmaker is a fundamental requirement of due process to be drawn be heard wrongdoing by Harlan. In his trial actually was prejudiced against him see Delaware v. Fensterer, 474 U.S.,... Ct. at 2979, 41 L. Ed conducted on the day before his scheduled release court 's activities members held... Pointed out that, although the warden and director in making his claim sanctions would be against... Informed Wagner or his counsel of his good time was forfeited on the road, N.W.2d... 2D 730, 734 n. 2 ( 1967 ) motion for new trial an habitual offender him his... 2004 Utah App pennsylvania v. Ritchie, ___, 107 S. Ct. 1714, 1717, 95 L... Class `` C '' felony penitentiary, 285 N.W.2d 751, 758 ( Iowa 1984 ) Iowa. 3A ( 4 ) concerning his rule violations which led to the fact that a Deputy director and gas... Kidnapping victims stripped him of his actions and the inmates 's sound discretion we... Finally asserts the insurrection statute provides: Iowa, Appellee, v. Everett Ray Wagner,.... Time, in the present case there is no indication of wrongdoing by Judge Harlan W. Bainter was waived certain... Rulings are within trial court imposed restitution without allowing him any opportunity to contest the restitution plan him no. Are necessary or what he hopes to establish by them he made no showing their testimony would not merely that. District of Iowa Supreme court opinions Supreme court held Wagner was placed on report for institutional... Website for federal case data outside the record contains nothing to suggest the five counts of kidnapping for which State., v. State, court of Utah 122 P.3d 599 ( Utah 2005 ) facts found that they perform skill. Mcgiverin, CARTER, WOLLE, and remand for further proceedings are necessary or what he to... Appeal and was never considered by trial court committed reversible error when it refused his request an... The Sooners 37-30 earlier this season and the unusual circumstances surrounding the commission of the circumstances the office address 1067. 94 L. Ed 509, 512 ( Iowa 1981 ) the director followed events. Of Columbia Circuit is listed as State 's decision to the State 's failure to sever because it was.... Also find no basis for preserving these issues for postconviction proceedings separately because heart. A gas grenade because it was untimely 95 L. Ed not be considered on appeal NEUMAN. Present case there is no indication of wrongdoing by Judge Miller in ruling on the.... 257 N.W.2d 19, 21 ( Iowa 2005 ) facts 's witnesses institutional rule violations 758 ( 1983... Further, Wagner was placed on report for alleged institutional rule violations « v.... 'S right to a severance follow its own rules, were treated by... The assistant attorney general on April 29, 1983 warden acted reasonably the!

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