wagner v state iowa

In Iowa, circumstantial evidence is as probative as direct evidence. Further, the same common, well-understood meaning provides standards sufficiently explicit to prevent the State from arbitrarily determining the scope of this statute. Merits Wagner concedes officers had reasonable suspicion for the initial stop of his vehicle. 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. Wagner's appeal arises out of a major uprising at the Iowa State Penitentiary on September 2, 1981. To trigger the right of compulsory process, a defendant must make a plausible showing the testimony of the individual otherwise unavailable to the defendant was both material and favorable to his or her defense. United States v. West, 607 F.2d 300, 303-04 (9th Cir.1979); United States v. Bridgeman, 523 F.2d 1099, 1110 (D.C.Cir.1975), cert. Get premium, high resolution news photos at Getty Images Trial court rejected Wagner's requested instruction. Our review of the facts indicates that Wagner's good time was revoked because of the number of disciplinary rule violations, including previous rule violations.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 v. State. 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 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. Black's Law Dictionary 262 (5th ed. For purposes of future sentencing, Wagner was further accused of being an habitual offender. 6:30 p.m. ESPN — North Carolina at Iowa. Id. No. The second best result is Rebecca Ann Wagner age 50s in Osage, IA. 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. Wagner v. State, 364 N.W.2d 246 (Iowa 1985) This opinion cites 9 opinions. Judge Miller also denied a motion requesting a new trial and an amendment or enlargement of findings. The manual only provides for a committee recommendation to the warden regarding the time "it believes shall be taken.". Hoekstra v. Farm Bureau Mut. Ins. State v. Donner, 243 N.W.2d 850, 853 (Iowa 1976). 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. Wolff, 418 U.S. at 564, 94 S. Ct. at 2979, 41 L. Ed. Id. 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. 20030106-CA, 2004 WL 530728, *1, 2004 Utah App. Patchette v. State, 374 N.W.2d 397, 401 (Iowa 1985). Wagner's conduct on September 2, for which he has been disciplined, justified the revocation of his good time. 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. LEXIS 282, *4. In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. 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. Due process. FS1 — Coppin State at Georgetown. 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. He asserts that the warden and director were not impartial and that his due process rights accordingly were violated. Trial court properly refused to submit the requested instruction. Trial court properly rejected Wagner's motion to sever because it was untimely. [1] He contends: (1) the procedures followed in revoking petitioner's good time violated due process in several respects: (a) that his good time was taken away because of his involvement in a hostage situation, but the disciplinary hearing notices contain no allegation of involvement in a hostage situation and the hostage situation was never mentioned at the disciplinary hearing; (b) the State failed to follow its own rules contained in an employee's manual and acted contrary to established policy and procedure; (c) a no reprisals agreement entered into by the warden and the applicant during the hostage incident was breached by the State with respect to applicant when he was disciplined for his conduct arising from such incident; and (d) that the action of the warden and the director of corrections was violative of his right to an impartial tribunal and decisionmaker; and (2) applicant was denied a fair hearing in the trial court due to an ex parte communication between the court and an assistant attorney general while his case was pending for final disposition. We also find no merit in Wagner's assertion trial court committed reversible error when it refused his request for change of venue. 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. 2d 730, 734 n. 2 (1967). The sixth amendment right to speedy trial attaches only after the State brings actual charges. 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. 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). 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. There were no pre-impact skid marks on the road. In State v. Coy, 397 N.W.2d 730 (Iowa 1986), we recently reiterated the important function served by the right of confrontation. Wagner v. State, No. 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. Bp Wagner Farms LLC is an Iowa Domestic Limited-Liability Company filed on January 23, 2020. Attys. 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. 2d 40, 55 n. 10 (1987) (plurality); United States v. Morgan, 757 F.2d 1074, 1076 (10th Cir. Absent a showing of good cause, motions to sever counts must be filed no later than forty days after arraignment. Wagner asserts Gavin's actions and the unusual circumstances surrounding them denied him the right to a fair trial. The record reflects their greatest fear was of Wagner, armed with a gun and knife, and the inmates under his command. See Iowa Code § 710.1 (1981). 6(1). To the contrary the survey, taken as a whole, shows that despite a heavy saturation of penitentiary-related news reports inmates at the Iowa State Penitentiary, including Wagner, reasonably could expect a fair trial in Lee County. The committee found Wagner guilty of rule violations and imposed punishment of 30 days solitary, 180 days administrative segregation and suspension of honor contract. The trial court carefully examined the facts surrounding the issue of impartiality and found against Wagner. Thomas J. Miller, Atty. In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. Iowa R.Crim.P. Even absent waiver, Wagner was not entitled to a severance. 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. Because no substantial evidence of third-party defense was presented, no jury issue was generated. Judge Bainter correctly denied Wagner's motion. 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. State v. Ware, 338 N.W.2d 707, 713 (Iowa 1983); State v. Chadwick, 328 N.W.2d 913, 916 (Iowa 1983). In contrast with his compulsion defense, Wagner presented no evidence to support a claim he acted as he did out of concern for the guards' safety. He also asserts the insurrection statute is unconstitutionally vague. 19–1278 KRYSTAL WAGNER, Individually, and as Administrator of the Estate of Shane Jensen, Plaintiff–Appellant, vs. STATE OF IOWA and WILLIAM L. SPECE, a/k/a BILL L. SPECE, Defendants–Appellees.

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