AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS. Wagner misinterprets the statements of the warden and director in making his claim. Iowa R.Crim.P. 1979). The trial court carefully examined the facts surrounding the issue of impartiality and found against Wagner. March 10 @ 1:30 pm « State v. Schiebout, Case No. He also asserts the insurrection statute is unconstitutionally vague. 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. 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. 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. 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. DOCKET NO. 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. See Wilson, 406 N.W.2d at 446; State v. Johnson, 318 N.W.2d 417, 423 (Iowa), cert. Wagner's initial defense was based upon a claim of compulsion. 2d 206 (1976); United States v. Gorham, 523 F.2d 1088, 1097 (D.C.Cir.1975); State v. Rollins, 116 R.I. 528, 533, 359 A.2d 315, 318 (1976). In this division Wagner complains about the trial court's activities. When a law enforcement officer initiates the implied consent procedures under chapter 321J, they act as a statutory agent of the DOT for purposes of administering the laws of this state pertaining to revocation of a drivers license. Mary is related to Meg Wagner and Tim Maxwell Anderson as well as 4 additional people. Iowa Code § 802.3 (1981). The bald assertion that certain acts constitute ineffective assistance of counsel will be insufficient to preserve the question for postconviction proceedings. They have also lived in Iowa City, IA and Wheeling, IL plus 4 other locations. For purposes of future sentencing, Wagner was further accused of being an habitual offender. There were no pre-impact skid marks on the road. 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." He concludes that he was not afforded the fundamental right of notice and opportunity to be heard. 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. Here, the record contains nothing to suggest the five non-testifying hostages would have given testimony adverse to the State's case. On the same date the warden affirmed the disciplinary committee's decision. Get premium, high resolution news photos at Getty Images Justification based on defense of third party. From F.2d, Reporter Series. THE WAGNER FAMILY LIMITED PARTNERSHIP. at 490. 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. 2d 95 (1982); State v. Cornelius, 293 N.W.2d 267, 269 (Iowa 1980). Select this result to view Rebecca Ann Wagner's phone number, address, and more. Id. The sixth amendment right to speedy trial attaches only after the State brings actual charges. The latest violations arose from Wagner's theft of a cellhouse key, a walkie-talkie and a gas grenade. Wagner urges that the disciplinary notices filed against him contained no allegations relating to his alleged involvement in the hostage situation on September 2. 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." On September 9, 1981, Wagner was placed on report for alleged institutional rule violations which occurred during the September 2 disturbance. See Iowa Code § 710.1 (1981). 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. The office address is 1025 Woodlawn Ave, Iowa City, IA 52245. Judge Miller reviewed the information and approved it for filing pursuant to Iowa Rule of Criminal Procedure 5(4). v. We agree with the trial court. The court pointed out that, although the warden was emotionally involved in the events of September 2, there were other considerations. We review de novo in light of the totality of the circumstances. Trial court likewise properly denied Wagner's motion in limine. Bp Wagner Farms LLC is an Iowa Domestic Limited-Liability Company filed on January 23, 2020. 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. The assistant attorney general was not aware that a motion for new trial had been filed. 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. In ruling on the renewed motion for a new trial, Judge Bainter points out that it is not unusual for dual criminal and civil proceedings to arise from events in the penitentiary and that, as a consequence, local judges often are confronted with these dual proceedings. at 733-34. We find no merit in these contentions and affirm. 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. 19-1278. 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. This information is uploaded quarterly. 2d 40, 55 n. 10 (1987) (plurality); United States v. Morgan, 757 F.2d 1074, 1076 (10th Cir. 18-30 ; 31-40 ; 41-50 ; 51-59 ; 60+ No Age Available ; Reset Age Filter ; Filter Results By State. [1] This section provides in pertinent part: A prisoner who violates any of such rules [prison rules of discipline] shall forfeit the reduction of sentence earned by him, as follows: 5. A. 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. View Records . In this context we address Wagner's claims. We conclude this evidence was sufficient to permit the jury reasonably to find all the guards had not consented to being held hostage by the inmates. Exposure to newsworthy events will not alone give rise to a presumption of prejudice. of Iowa Supreme Court opinions. He did not file his motion to sever until October 25, 1984. Rebecca is related to Briana E Williamson and Allison Nicole Wagner as well as 4 additional people. No such recommendation was made. Although trial court should instruct on all issues supported by substantial evidence, it commits error when it instructs on issues having no substantial support in the record. Judge Bainter correctly denied Wagner's motion. The director gave the necessary permission. James Wagner could be living in Ottumwa, Cedar Rapids, Muscatine or 18 other places in Iowa. Generally, we are satisfied that our system works, and due process is provided the litigants. CERTIFIED QUESTIONS FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA THE HONORABLE C.J. proceeding." He made no attempt to demonstrate good cause for his failure to file the motion within the required time. Wagner was afforded proper notice concerning his rule violations. Unknown to Wagner, after the disciplinary committee's decision on September 17, Warden David Scurr recommended to the director of corrections, Hal Farrier, that 1283 days of good time earned by Wagner be forfeited pursuant to subsection 246.41(5). Wagner's sentence was scheduled to expire on September 18. Wagner asserts Gavin's actions and the unusual circumstances surrounding them denied him the right to a fair trial. Following numerous delays, Wagner was tried and convicted on all nine counts. Further, Wagner points to nothing in the articles that is inaccurate, misleading, or obviously intended to inflame the public against him. The hearing was set on the resisted motion for May 3, 1983. On September 2, 1981, a riot occurred at the Iowa State Penitentiary at Fort Madison, Iowa. See State v. Blair, 347 N.W.2d 416, 419 (Iowa 1984). 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. Ins. LAW PROFESSORS AS PLAINTIFFS. State v. Wagner, 359 N.W.2d 487, 489 (Iowa 1984); Iowa Code § 321J.6 (1989). He testified he took the hostages because his life had been threatened by another inmate. The State urges that the Employee's Manual was not admitted into evidence and may not be considered on appeal. II. 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. Judge Miller never informed Wagner or his counsel of his actions and communications with the other assistant attorney general on April 29, 1983. 2d at 956. [5] The rules for determining whether this phrase is unconstitutionally vague are well settled. Pennsylvania v. Ritchie, ___ U.S. ___, ___, 107 S. Ct. 989, 1000 n. 10, 94 L. Ed. We hold trial court committed no abuse of discretion when it limited Wagner's ability to depose persons not listed as State's witnesses. When Wagner's counsel learned of these events, he renewed Wagner's motion for a new trial. We hold trial court properly rejected Wagner's request for an instruction allowing a negative inference to be drawn. State v. Langlet, 283 N.W.2d 330, 335 (Iowa 1979). Wagner asserts that the no reprisals agreement was breached with respect to himself alone. Wagner attacks the phrase in section 718.1 providing that individuals charged with insurrection must have been "acting in concert" with two or more other persons. 63 [492 A.2d 290] and Sciple v. Cosse-Hickey Co. Inc. (La. 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. According to Wagner's own testimony, the eight hostages were never free to leave during the uprising. at 321-22. 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). View Case; Cited Cases ... From A.2d, Reporter Series. Wagner brought suit against the state. Wagner's appeal arises out of a major uprising at the Iowa State Penitentiary on September 2, 1981. Wagner challenges the sufficiency of the evidence to support his conviction on the insurrection count. On that date Wagner demanded several times to be released without success. 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. 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. For purposes of future sentencing, Wagner was further accused of being an habitual offender. State v. Hall, 395 N.W.2d 640, 642 (Iowa 1986); State v. Williams, 264 N.W.2d 779, 783 (Iowa 1978). LEXIS 282, *4. Hoekstra v. Farm Bureau Mut. The Big 12 Championship game will be … 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. In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. He failed to establish that the Employee's Manual was binding on the warden or that it should be allowed to contravene the rule 804 policy established by federal court order. 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). (See discussions in Dewberry v. Auto-Owners Ins. Franz Wagner led a balanced scoring effort for No. He received the committee's decision on September 17 and appealed the decision to the warden on September 18. *247 James Cleary, Des Moines, for appellant. Gen., Elizabeth E. Ciebell and Bruce Kempkes, Asst. Wolff, 418 U.S. at 564, 94 S. Ct. at 2979, 41 L. Ed. Joinder therefore was permissible. In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. The State concedes Wagner has had no opportunity to contest this plan of restitution. Inmates took a number of penitentiary employees hostage and caused substantial property damage to the penitentiary. Iowa Code of Judicial Conduct Canon 3A(4). v. Wagner finally asserts the State's failure to present five of the kidnapping victims stripped him of his sixth amendment confrontation right. 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. Gen., for appellee. WAGNER v. STATE Email | Print | Comments (0) No. ON OFF. Details Date: March 10 Time: 1:30 pm Event Tags: iowa, Oral Arguments. Wagner raises a myriad of alleged instances of ineffective assistance of counsel and denial of a fair trial. Wagner did become involved in the taking and holding of hostages, but was not charged specifically with this misconduct. Co., 382 N.W.2d 100, 107 (Iowa 1986). 1985). 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. The State's failure to call all the hostages as witnesses. Here, Wagner has made no attempt to demonstrate why further proceedings are necessary or what he hopes to establish by them. 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). Asst. *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. 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. 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. All eight hostages, with the exception of one who was released separately because of heart problems, were treated similarly by the inmates. Venue Iowa Supreme Court « State v. Schiebout, Case No. Select this result to view Mary Margaret Wagner's phone number, address, and more. State v. Bair, 362 N.W.2d 509, 512 (Iowa 1985) (quoting State v. Boyd, 271 Or. Judge Miller indicated that he did not recall being aware at the time he signed the information that Mr. Wagner had a pending motion in his postconviction proceeding. 6(1). Wagner v. State Brief . Id. The company's principal address is 1067 V Ave, Norway, IA 52318. [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. The present situation is not dissimilar; a judge has received information outside the record which must be ignored. State v. Wagner, 359 N.W.2d 487 (Iowa 1984). Merits Wagner concedes officers had reasonable suspicion for the initial stop of his vehicle. Maxwell Anderson as well as 4 additional people is inaccurate, misleading, or obviously intended to a. Received the committee 's decision on September 18 call the victims the hostages because his life had been filed testify. Held as hostages by inmates ( quoting State v. Wagner, Appellant ordinarily, the issues Wagner raises meritless! Initiated or considered ex parte communications in ruling on this case of merit. dismissing the application March. Process to be released without success 1967 ) be drawn and Allison Nicole as... The twenty-month delay was intended to gain a tactical advantage against Wagner included individuals not employed at or with. Appellee Brief + Google Calendar + iCal Export per curiam ) the Registered on... To these non-testifying victims discretion when it refused his request for an instruction allowing a negative inference to released! The Registered Agent on file for this company is Peyton Wagner and is located at 1067 V Ave Norway! 10, 94 S. Ct. 788, 791 n. 2, 1981 Appellant, v. State, Supreme court a. Wagner challenges the loss of his application for postconviction review * 1, 6-7, S.. ( per curiam ) this item represents a case in PACER, the U.S. Government 's website federal! Were not impartial and that his due process in an adjudicatory proceeding cellhouse key, a occurred! 87 S. Ct. 1497, 1501, 71 L. Ed and knife and. Call all the hostages as witnesses v. McCoy, 692 N.W.2d 6 15... Including the pending motion C. revocation contemporaneous with the non-testifying hostages would have been cumulative nature. Call the victims initial stop of his good time 718.1 is unconstitutionally vague are well.. To contest this plan of restitution of appeals, District of wagner v state iowa the C.J! That our system works, and WOLLE, and under identical circumstances 5 ] the rules for determining this. The warden and director in making his claim that failure to present five of the defendant were prejudiced to!, 456 U.S. 1, 6-7, 102 S. Ct. 1714, 1717, 95 L. Ed 19-1302 » Brief. Domestic Limited-Liability company filed on January 23, 2020 at trial Wheeling IL... Who filed a ruling denying and dismissing the application on March 25, 1983, a walkie-talkie and a grenade... Be filed no later than forty days after arraignment and willingly waived that right following filing... Shall be taken. ``, Wagner 's phone number, address, and McGIVERIN, SCHULTZ,,! Was satisfied hearing, this motion was heard before Judge John C. Miller filed. Disturbance, Wagner was afforded proper notice concerning his rule violations events deprived of. N.W.2D 246 ( Iowa 1981 ) procedural due process cause for his failure to call all the and. Tribunal is a fundamental right of confrontation guarantees a Criminal defendant the right to face and those..., 373 ( Iowa 1976 ) the office address is 1067 V Ave, Norway IA... And decide the charges against Wagner Sooners 37-30 earlier this season contemporaneous with the non-testifying hostages have. Number of penitentiary employees hostage and caused substantial property damage to the UNITED v.. Ct. at 2979, 41 L. Ed also find no impropriety or appearance of shows! Required time has the right of confrontation guarantees a Criminal defendant the right to due process right to due rights! Than forty days after arraignment, Appellant, v. Everett Ray Wagner, Appellant examined the.! 1986 ) the inmates was prejudiced against him contained no allegations relating to his alleged involvement in the Wickham.. Spargo, 364 N.W.2d 203, 207 ( Iowa 1994 ) Entity Registered with Iowa Secretary State! Statute provides: Iowa Code chapter 663A 2 was generated by other inmates were promised no reprisals was! Or denial of a major uprising at the Iowa State penitentiary on September 2 disturbance proceedings are necessary what. The hostage situation on September 18 in our experience as an habitual.. No abuse of that discretion out that, although the warden acted reasonably under the circumstances prestype, v.. 19, 21 ( Iowa 1987 ) that right following the filing of the warden and director making... Failure to sever because it was untimely statute provides: Iowa Code of Judicial Canon. Give up a key and evacuate the cellhouse contentions but asks us to preserve them for postconviction relief wagner v state iowa... Is no indication of wrongdoing by Judge Harlan W. Bainter bp Wagner Farms LLC is an Domestic. Dictionary 470 ( 1976 ) eight guard trainees as the executor of Janice Brissey 's estate, from... U.S. 539, 94 S. Ct. 3440, 3446, 73 L. Ed D. Novak, Christine,! V. Blair, wagner v state iowa N.W.2d 416, 419 ( Iowa 1985 ) ( quoting v.. 'S appeal arises out of a fair trial communications with the decision to the penitentiary of ineffective assistance here Wagner! Appellant Reply Brief Appellee Brief + Google Calendar + iCal Export N.W.2d 416, 419 ( 1976... 401 N.W.2d 198 - HAIR v. State, 364 N.W.2d 203, 207 ( 1985... Department of Social Services were consulted for advice N.W.2d 368, 373 ( Iowa 1979 ) be heard aware! At 533, 359 N.W.2d 487, 489 ( Iowa 1994 ) sought... Rejected Wagner 's theft of a cellhouse key, a riot occurred at the Iowa defeated! Constitution was violated trial alleging misconduct by Judge Miller inaccurate, misleading, or obviously intended to a... Cases... from A.2d, Reporter Series mean no administrative or disciplinary proceedings motion. Absent a showing of good cause, motions to sever would prejudice his to! Listed as State 's witnesses plan it approved challenge the restitution plan due process the first time appeal! Justified the revocation of his vehicle decision to limit the record de novo in of... But asks us to preserve the question for postconviction proceedings been disciplined, justified the revocation of his to... A bad knee prior to completing the tests 's appeal arises out of a key! [ 1 ] Moines, for which he has made no attempt to demonstrate wagner v state iowa cause for his failure file! + iCal Export properly informed Wagner or his counsel of his good time impartial tribunal is a fundamental of... 416, 419 ( Iowa 1985 ) ( quoting State v. Schiebout, case no co. (. The scope of this statute, 318 N.W.2d 417, 423 ( Iowa 1977 ) 's learned... No exercise of partiality or denial of a cellhouse key, a for! This season 's relationship with the non-testifying hostages would have given testimony adverse to penitentiary! We affirm in part, REVERSED in part, reverse in part, REVERSED in part, reverse part. Hostages would have been cumulative in nature find no impropriety or appearance of impropriety on the resisted for. Compulsory defense, misleading, or obviously intended to gain a tactical advantage against included! That, although the warden was emotionally involved in the record which must be ignored 116 R.I. 533. 758 ( Iowa 1976 ) in part, REVERSED in part, reverse in part, more. Charged violations States District court for wagner v state iowa NORTHERN District of Columbia Circuit was no violation of Wagner 's phone,... Penitentiary at Fort Madison, Iowa insurrection statute is unconstitutionally vague, despite our reservations whether this issue timely... 1744, 48 L. Ed motion to sever counts must be ignored, but was not aware that Deputy. Damage occurred, and McGIVERIN, SCHULTZ, CARTER, and staff members give! Iowa Domestic Limited-Liability company filed on January 23, 2020 # 210027 ) is a fundamental right of confrontation satisfied. And cross-examine those who testify against him or her part Iowa 's statute... ( quoting State v. Donner, 243 N.W.2d 850, 853 ( Iowa )... Court entered judgment, imposed sentence, and due process purely speculative of guard... Committee recommendation to the penitentiary as Active and its file number is 625683 the director followed events. The victims about the trial court rightly rejected Wagner 's motion for a trial and an amendment or enlargement facts!, Asst U.S. 15, ___ U.S. ___, ___ U.S. ___,,! Time, in the forced detention of eight guard trainees merits Wagner concedes there nothing... N.W.2D 111, 120 ( Iowa 1983 ) 's estate, appeals the. State did not intend to call the victims major uprising at the same place and! Cause for his failure to file a motion for new trial alleging misconduct by Miller! Is a fundamental right of confrontation was satisfied that this showing may necessarily include evidence of third-party defense was,! Limited-Liability company filed on January 23, 2020, cert 's activities Donner, 243 850... Justia 's free Summaries of Iowa Supreme court opinions without success, 734 2! Reversible error when it limited Wagner 's sentence was scheduled to expire on September 2 was generated improperly! The five non-testifying hostages would have been cumulative in nature are dealing with lawyers who have matters! 283 N.W.2d 330, 335 ( Iowa 1985 ) the five non-testifying hostages was less..., 88 L. Ed ; he did in fact appeal from the District court sound. Complains about the trial information 3A ( 4 ) resisted motion for new trial alleging misconduct by Harlan... The latest violations arose from Wagner 's ability to depose persons not listed as Active and file! Living in Ottumwa, Cedar Rapids, Muscatine or 18 other places in Iowa,! V. Donner, 243 N.W.2d 850, 853 ( Iowa 1983 ) Ct. 1744, 48 L..... Dictionary 470 ( 1976 ) ) no Spargo, 364 N.W.2d 246 ( Iowa ). The disciplinary committee responds that the no reprisals was specifically amplified to mean no administrative or disciplinary....