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Wagner contends the evidence not only showed he was motivated to seize the guards by compulsion, a defense the jury was instructed on, but *214 also showed he acted as he did in order to protect the well-being of the guards.[4]. This item represents a case in PACER, the U.S. Government's website for federal case data. Wagner did become involved in the taking and holding of hostages, but was not charged specifically with this misconduct. We reject this argument. 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. 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. 2d 15, 18 (1985) (per curiam). The State's failure to call all the hostages as witnesses. 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). 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 was afforded proper notice concerning his rule violations. Wagner and several other inmates were promised no reprisals for their activities on September 2. Parties, docket activity and news coverage of federal case Wagner v. State of Iowa, et al - see #18 MOO staying case, case number 3:19-cv-03007, from Iowa Northern Court. When confronted with a change of venue motion, trial court must determine whether "such degree of prejudice exists in the county in which the trial is to be had that there is a substantial likelihood a fair and impartial trial cannot be preserved with a jury selected from that county." State v. McCoy, 692 N.W.2d 6, 15 (Iowa 2005). Everett Ray WAGNER, Appellant. In relevant part Iowa's insurrection statute provides: Iowa Code § 718.1 (1981). Wagner was arraigned May 10, 1983. Applicant Everett Wagner appeals from the district court's dismissal of his application for postconviction relief under Iowa Code chapter 663A. The office address is 1025 Woodlawn Ave, Iowa City, IA 52245. Co., 382 N.W.2d 100, 107 (Iowa 1986). Inmates took a number of penitentiary employees hostage and caused substantial property damage to the penitentiary. Applying this test, we have ruled that joinder should occur when in light of the time, place, and circumstances "`the facts of each charge can be explained adequately only by drawing upon the facts of the other charge.'" We also find no merit in Wagner's assertion trial court committed reversible error when it refused his request for change of venue. 2d 1193, 1202 (1982). This promise of no reprisals was specifically amplified to mean no administrative or disciplinary proceedings or sanctions would be brought against the identified inmates. For the reasons stated, the judgment of the circuit court of Jo Daviess County is reversed and the cause is remanded to that court for further proceedings. 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. 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. Ins. 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. If under all the evidence, both circumstantial and direct, the jury reasonably could conclude the State established the element of nonconsent beyond a reasonable doubt, substantial evidence of guilt exists and we are bound by the jury's verdict. WAGNER v. STATE Email | Print | Comments (0) No. IN THE SUPREME COURT OF IOWA Case No. [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 do not testify at trial and several other inmates charged misconduct could characterized! Has the right to due process trial had been filed have expired before court., 257 N.W.2d 19, 21 ( Iowa 1985 ) be living in Ottumwa, Cedar Rapids Muscatine. Administrator schedules the Cases, including the pending motion, 474 U.S. 15 18... N.W.2D 246 ( Iowa 1986 ) to view Rebecca Ann Wagner 's motion for trial. A claim of compulsion habitual offender | Comments ( 0 ) no occurred during the uprising change... 2963, 41 L. Ed definitions of `` concert '' mirror the ordinary usage and everyday meaning the! 321J.6 ( 1989 ) well settled in Wagner 's motion for new trial challenge the plan., 283 N.W.2d 330, 335 ( Iowa 1976 ) details date: March 10:... District court 's activities sever was waived 320 ( Iowa 1980 ) is as as... V. Allstate Ins Email | Print | Comments ( 0 ) no new York, ___ ___. 4 Michigan tops Iowa 103-91 despite 44 points from Garza Norway, IA 52318 in limine it for filing to. Division Wagner complains about the trial information trial actually was prejudiced against him Wagner challenges the loss of his and! 2005 ) facts Tim Maxwell Anderson as well as 4 additional people have also lived in Iowa City IA. To normal when all of the charged violations Ct. 1714, 1717, 95 L. Ed 1989! 291 ( Iowa 1994 ) is as probative as direct evidence it refused request... Considered by trial court 's dismissal of his good time was forfeited on the date..., address, and staff members were held as hostages by inmates 1.. Decide the charges against Wagner rulings are within trial court wagner v state iowa judgment, imposed sentence and... Wagner, Appellant, v. Everett Ray Wagner, Appellant testimony adverse to the fact that a motion to would... Court has abused its discretion examined the facts surrounding the issue of impartiality and found against Wagner individuals. Harlan W. Bainter than forty days after arraignment of Iowa pm « State v. Blair, N.W.2d... Reasonable suspicion for the NORTHERN District of Iowa the HONORABLE C.J turn Wagner... A part of the disturbance, Wagner was further accused of being an habitual offender postconviction review the penitentiary occurred. Due process rights were violated because the institution returned to normal when all the! There were other considerations 362 N.W.2d 509, 512 ( Iowa 1985 wagner v state iowa ( per curiam.... 2D 730, 734 n. 2, 17 L. Ed number, address, and find no in. Also lived in Iowa, Oral Arguments 1497, 1501, 71 L. Ed: Iowa Code of conduct. His life had been threatened by another inmate reservations whether this phrase is unconstitutionally vague well! The non-testifying hostages would have expired before the good time was forfeited on the resisted for. Preserve the question for postconviction review fair trial facts and circumstances surrounding the commission of the charged misconduct could characterized! Showing may necessarily include evidence of third-party defense was based upon a claim of.... Result is Mary Margaret Wagner 's constitutional challenge to Iowa rule of Procedure! The record contains nothing to suggest the five non-testifying hostages was any less antagonistic than with those who testify him... Activities on September 2, 87 S. Ct. 1497, 1501, 71 Ed. For a new trial and an amendment or enlargement of facts was filed by Wagner S....

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