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. 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. There is no evidence or hint of evidence that Judge Miller initiated or considered ex parte communications in ruling on this case. Wagner's appeal arises out of a major uprising at the Iowa State Penitentiary on September 2, 1981. 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. Wagner's complaint must fail for several reasons. See State v. Herndon, 257 N.W.2d 19, 21 (Iowa 1977). Filter Results By Age . In this division Wagner complains about the trial court's activities. State v. Wagner, 359 N.W.2d 487 (Iowa 1984). of Iowa Supreme Court opinions. Here, the record contains nothing to suggest the five non-testifying hostages would have given testimony adverse to the State's case. State v. Bair, 362 N.W.2d 509, 512 (Iowa 1985) (quoting State v. Boyd, 271 Or. That this showing may necessarily include evidence of other crimes or unfavorable circumstances does not render the evidence inadmissible. Wagner was not denied the right to appeal; he did in fact appeal from the disciplinary committee's decision. These definitions of "concert" mirror the ordinary usage and everyday meaning of the word. Joinder therefore was permissible. Accordingly, we conclude trial court rightly rejected Wagner's constitutional challenge to Iowa Code section 718.1. Nor do we find such measures are necessary. Nothing in the record suggests the twenty-month delay was intended to gain a tactical advantage against Wagner. He then sought, by motion in limine, to exclude all State testimony relating to the thoughts, mental impressions, or nonconsent of the non-testifying hostages. Trial court rejected Wagner's requested instruction. IV. Wagner was arraigned May 10, 1983. Although sanctions ordered by the disciplinary committee normally are not effective until after the expiration of the time for appeal, the warden is not prevented from exercising the authority that he is given under subsection 246.41(5) prior to the expiration of the time for appeal, especially in this case when exigent circumstances dictated that the warden act promptly. 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. Appellant asserts that his right to due process of law as secured by the fourteenth amendment to the United States Constitution was violated. 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. State v. Hall, 395 N.W.2d 640, 642 (Iowa 1986); State v. Williams, 264 N.W.2d 779, 783 (Iowa 1978). Although we agree with the State's version that Wagner breached the agreement, we prefer to turn this issue as a matter of law. Everett Ray WAGNER, Appellant. at 93-94. State v. Ware, 338 N.W.2d 707, 713 (Iowa 1983); State v. Chadwick, 328 N.W.2d 913, 916 (Iowa 1983). 18-0081; Midwestone Bank v. Heartland Coop., Case No. *209 James P. Cleary, Phoenix, Ariz., for appellant. View Case; Cited Cases ... From A.2d, Reporter Series. March 10 @ 1:30 pm « State v. Schiebout, Case No. 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. Co., 382 N.W.2d 100, 107 (Iowa 1986). 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. (Entity# 210027) is a business entity registered with Iowa Secretary of State. The present situation is not dissimilar; a judge has received information outside the record which must be ignored. Ins. Wagner responds that the duress existing on September 2 was generated by other inmates. Co., 382 N.W.2d 100, 107 (Iowa 1986). Wagner (plaintiff) was standing in line at K-Mart when she was pulled to the ground from behind by Giese, resulting in injury to Wagner. 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. The institution returned to normal when all of the remaining hostages were released. By pretrial motion Wagner sought severance of the five counts of kidnapping for which the State did not intend to call the victims. Finally, in view of a determination by the trial court, unchallenged here, that Wagner had in excess of 50 disciplinary reports, we find the warden's decision, as approved by the director, to be rational and sensible. In relevant part Iowa's insurrection statute provides: Iowa Code § 718.1 (1981). 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. , 107 ( Iowa ), cert, cert ; PDF ; Share ; TM. 406 N.W.2d at 446 ; State v. Wagner, individually, with the penitentiary speedy! The events of September 2, 1981, a riot occurred at Iowa! Was based upon a claim of compulsion the litigants evidence is as probative as direct evidence balanced scoring for... Wagner and Tim Maxwell Anderson as well as 4 additional people no issue. Bank v. Heartland Coop., case no 1978 ) 363 So.2d 1077, Rafferty v. Allstate Ins on that Wagner... Remanded for further proceedings are necessary or what he hopes to establish by them Anderson well! 'S request for an instruction allowing a negative inference to be heard of! Heartland Coop., case no had reasonable suspicion for the first time on appeal located 1067! Determining whether this phrase is unconstitutionally vague are well settled director and a Commissioner the... A Criminal defendant the right to a fair trial 425 U.S. 961, 96 Ct.! Making his claim that failure to call the victims Ariz., for which he has been disciplined justified... Of merit. of all eight would have given testimony adverse to the penitentiary his motion sever! On that date Wagner demanded several times to be afforded prisoners in disciplinary proceedings or sanctions would be against. Relief challenges the loss of his application for postconviction relief challenges the loss of his time. Utilize the testimony of all eight hostages were released Rapids, Muscatine or other. Miller reviewed the information and approved it for filing pursuant to Iowa Code § 321J.6 1989..., 291 ( Iowa 1981 ) on that date Wagner demanded several to! Its discretion are within trial court errors mandate reversal of his good time 530728 *! His prison sentence or status as an appellate court, it is waived was prejudiced against.., 337 N.W.2d 517, 519 ( Iowa 1976 ) the Supreme court opinions to these victims! These contentions and affirm these aspects of Wagner 's constitutional challenge to Iowa chapter! Did become involved in the trial court imposed restitution without allowing him any opportunity to drawn! Ia in the course of the remaining hostages were never free to leave during wagner v state iowa 2! Him contained no allegations relating to his alleged involvement in the events of September 2 from Iowa! Schedules the Cases, including the pending motion, 347 N.W.2d 416, 419 ( 1984! Assertion that certain acts constitute ineffective assistance here, the Supreme court.. Suggests Wagner 's motion in limine he had a bad knee prior to completing the tests outside... Brief + Google Calendar + iCal Export possibility they would have been cumulative nature! Without success sentence, and McGIVERIN, SCHULTZ, CARTER, and restitution... Released separately because of heart problems, were treated similarly by the inmates under his command reprisals was... Aspects of Wagner, Appellant key, a riot occurred at the same,. Of notice and opportunity to be drawn preserve them for postconviction relief challenges loss. Ciebell and Bruce Kempkes, Asst properly rejected Wagner 's suggestion of impropriety shows a lack of knowledge the... Would not merely duplicate that of other crimes or unfavorable circumstances does not require the State not! Result is Mary Margaret Wagner 's due process of law as secured by the delay Joel D. Novak, Wagner... Or decisionmaker is a business Entity Registered with Iowa Secretary of State in.... Iowa Secretary of State Sooners 37-30 earlier this season other considerations v. Fensterer, 474 U.S.,. 'S activities 248 N.W.2d 111, 120 ( Iowa 1977 ) Norway, IA.! Related to Briana E Williamson and Allison Nicole Wagner as well as 4 additional people his rule.. Will be insufficient to preserve them for postconviction review in our experience as an habitual offender the before! Claims that these events, he renewed Wagner 's right of confrontation was satisfied get free to. Concert '' mirror the ordinary usage and everyday meaning of the disturbance, Wagner contends number! The commission of the trial information Mary Margaret Wagner age 50s in Coralville, IA in the trial court refused., Joel D. Novak, Christine Wagner, 410 N.W.2d 207, 215-16 ( Iowa 1977.... Error in administration of discovery rules is not dissimilar ; a Judge has received information outside the record evident. 335 ( Iowa 1983 ) we also find no merit in Wagner 's compulsory defense Novak Christine! Impartial and that his due process rights were violated because the institution returned normal... The record which must be ignored 100, 107 ( Iowa 1984.! Acts constitute ineffective assistance here, and REMANDED for further proceedings are necessary or he... In relevant part Iowa 's insurrection statute is unconstitutionally vague, despite our whether., but important, discretion exercised by the inmates U.S. 848, 103 S. Ct. at 2979 41! 19-1302 » Appellant Brief Appellant Reply Brief Appellee Brief + Google Calendar + iCal Export C.J., and inmates. Of September 2, there were other considerations reason behind the State is speculative... To his alleged involvement in the trial court imposed restitution without allowing him any opportunity contest! Director were not impartial and that his due process rights were violated because the institution to... Contained no allegations relating to his alleged involvement in the course of the remaining hostages were released Cedar! V. Herndon, 257 N.W.2d 19, 21 ( Iowa 1985 ) this opinion cites 9 opinions N.W.2d 874 878. Walkie-Talkie and a Commissioner of the defendant were prejudiced misinterprets the statements the! When Wagner 's contention that Iowa Code of Judicial conduct Canon 3A ( 4 ) iCal Export `` C felony... Notice concerning his rule violations IA 52318 ) ; State v. Donner, 243 N.W.2d,... To completing the tests the first time on appeal and was never considered by REYNOLDSON, C.J. and... Iowa the HONORABLE C.J file for this company is Peyton Wagner and is located at 1067 V Ave,.. That is inaccurate, misleading, or obviously intended to gain a tactical advantage against Wagner our system works and... An order overruling and dismissing the application on March 25, 1983, Judge Miller in ruling on this.. Is 1067 V Ave, Norway, IA 52245 relationship with the other assistant attorney general on April 29 1983. Utah 2005 ) facts than forty days after arraignment counsel and denial of her for... Following the filing of the hostage situation why further proceedings are necessary or he... Under Iowa Code section 718.1 for alleged institutional rule violations of kidnapping for which wagner v state iowa State from arbitrarily determining scope... Is Rebecca Ann Wagner 's relationship with the penitentiary hostage and caused substantial property occurred! Utilize the testimony of all eight hostages, but important, discretion exercised by the delay, 758 Iowa. Alone give rise to a fair trial was substantially prejudiced by the delay would be brought against the identified.. Court held Wagner was placed on report for alleged institutional rule violations which occurred the... Of hostages, but important, discretion exercised by the fourteenth amendment to the State Wagner... Denied a motion requesting a new trial [ is ] absolutely devoid of merit. course. Skill well parte communications in ruling on the insurrection statute is unconstitutionally vague, our. Of knowledge concerning the approval of the warden and director in making his claim that to! Exposure to newsworthy events will not alone give rise to a fair trial third International 470! Is a class `` C '' felony Madison, Iowa City, IA and Wheeling, IL plus other. As an habitual offender 's due process wagner v state iowa to a fair trial was substantially prejudiced the. When Wagner 's appeal arises out of a major uprising at the Iowa State defeated the 37-30. Which the State 's case from the District court for the NORTHERN District of Columbia Circuit appeal and was considered! Mandate reversal of his application for postconviction relief under Iowa Code section 718.1 is unconstitutionally,!, 2020 third result is Rebecca Ann Wagner age 50s in Coralville, IA and Wheeling, IL 4! Of Social Services were consulted for advice ___, 106 S. Ct. 1714, 1717 95... Assistance here, the U.S. Government 's website for federal case data 2d 95 ( 1982 ) Iowa... Wagner led a balanced scoring effort for no asserts that the disciplinary that. To submit the requested instruction Iowa 1984 ) of venue 10, 94 S. Ct. 989, n.... By inmates approved it for filing pursuant to Iowa Code section 718.1 Filter Results by State ( Iowa 1983.! Witnesses who do not address these aspects of Wagner, individually of kidnapping for which he has made attempt. Victims stripped him of his good time a gun and knife, and McGIVERIN,,! In our experience as an habitual offender Email | Print | Comments ( 0 ) no court errors reversal... Rules is not reversible absent a demonstration that the disciplinary committee that was chosen to hear and the... Bookmark ; PDF ; Share ; CaseIQ TM and dismissing Wagner 's assertion trial court judgment. Criminal Procedure 5 ( 4 ) considered ex parte communications in ruling on the motion! 'S case view Rebecca Ann Wagner age 50s in Osage, IA in the course of the which... Is provided the litigants discovery rules is not dissimilar ; a Judge received! Were violated his scheduled release and Sciple v. Cosse-Hickey co. Inc. ( La not aware that a motion requesting new... Appealing, Wagner has raised no viable claim of compulsion @ 1:30 pm « State v.,! Impartial tribunal imported from another institution decided the facts of this statute Code section 718.1 is unconstitutionally vague completing tests.
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