2d 162, 169 (1987). 6 p.m. ESPNU — Boston College at Minnesota . Or browse possible matches below . Wagner brought suit against the state. 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. Reversal is required only when trial court has abused its discretion. Because no substantial evidence of third-party defense was presented, no jury issue was generated. 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. 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 agree with the trial court. Wagner did become involved in the taking and holding of hostages, but was not charged specifically with this misconduct. For the fifth and each subsequent violation,... the warden shall have the power, with the approval of the state director, to deprive the prisoner of any portion or all of the good time that the convict may have earned. United States v. MacDonald, 456 U.S. 1, 6-7, 102 S. Ct. 1497, 1501, 71 L. Ed. 523 F.2d 1088 - UNITED STATES v. GORHAM, United States Court of Appeals, District of Columbia Circuit. Co. (1985) 303 Md. 558, 566, 533 P.2d 795, 799 (1975)). Wagner, an inmate at the Iowa State Penitentiary, challenged the revocation of earned good time pursuant to *248 Iowa Code section 246.41(5). In our experience as an appellate court, we have found that they perform this skill well. 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. Judge Miller never informed Wagner or his counsel of his actions and communications with the other assistant attorney general on April 29, 1983. 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. We recently applied the constitutional guarantee of "some form of due process" to a hearing for deprivation of a prisoner's "good time" because of misbehavior in Niday v. State, 353 N.W.2d 92 (Iowa 1984). Trial court committed no abuse of discretion in rejecting Wagner's motion for change of venue. He maintains that, pursuant to established policy and procedure, sanctions were not to take effect until after he had either exercised or waived his right to appeal to the warden from the disciplinary decision. 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). All eight hostages, with the exception of one who was released separately because of heart problems, were treated similarly by the inmates. A statute is not vague if the meaning of the words used and the standards they establish "can be fairly ascertained by reference to similar statutes, other judicial determinations, reference to common law, to the dictionary, or if the words themselves have a common and generally accepted *215 meaning." There was no violation of Wagner's confrontation right with respect to these non-testifying victims. Wagner v. State. State v. Wagner, 359 N.W.2d 487 (Iowa 1984). at 490. See State v. Herndon, 257 N.W.2d 19, 21 (Iowa 1977). Wagner was afforded proper notice concerning his rule violations. Details Date: March 10 Time: 1:30 pm Event Tags: iowa, Oral Arguments. [4] Wagner's contention is apparently based on Iowa Code § 704.3: A person is justified in the use of reasonable force when he or she reasonably believes that such force is necessary to defend himself or herself or another from any imminent use of unlawful force. These definitions of "concert" mirror the ordinary usage and everyday meaning of the word. Asst. 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. State v. Langlet, 283 N.W.2d 330, 335 (Iowa 1979). 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. State v. Donner, 243 N.W.2d 850, 853 (Iowa 1976). 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. 10(4). By pretrial motion Wagner sought severance of the five counts of kidnapping for which the State did not intend to call the victims. Wagner and several other inmates were promised no reprisals for their activities on September 2. See Iowa Code § 710.1 (1981). [1] Wagner raises no claims concerning his prison sentence or status as an habitual offender. Rebecca is related to Briana E Williamson and Allison Nicole Wagner as well as 4 additional people. 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. The director followed the events of September 2 from the seat of government in Des Moines. Saadiq v. State, 387 N.W.2d 315, 320 (Iowa 1986). 10(10)(b). In State v. Coy, 397 N.W.2d 730 (Iowa 1986), we recently reiterated the important function served by the right of confrontation. 2d 95 (1982); State v. Cornelius, 293 N.W.2d 267, 269 (Iowa 1980). In relevant part Iowa's insurrection statute provides: Iowa Code § 718.1 (1981). The term "concert" is defined in the dictionary as "to plan together"; "to make a plan for"; "to act in harmony or conjunction." Applicant Everett Wagner appeals from the district court's dismissal of his application for postconviction relief under Iowa Code chapter 663A. Wagner was arraigned May 10, 1983. We affirm in part, reverse in part, and remand for further proceedings. 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. On that date Wagner demanded several times to be released without success. The Registered Agent on file for this company is Peyton Wagner and is located at 1067 V Ave, Norway, IA 52318. Wagner also has made no showing the two-year period between the publicity relating to the uprising and trial was insufficient to dissipate any prejudice that might have been created by adverse publicity. Even absent waiver, Wagner was not entitled to a severance. Thomas J. Miller, Atty. Attys. Gen., for appellee. VI. Hoekstra v. Farm Bureau Mut. Co., 382 N.W.2d 100, 107 (Iowa 1986). Wagner's suggestion of impropriety shows a lack of knowledge concerning the responsibility and workload of our trial judges. Here, the eight alleged kidnappings occurred at the same time, in the same place, and under identical circumstances. We conclude Wagner has raised no viable claim of ineffective assistance here, and find no basis for preserving these issues for postconviction review. He has made no showing their testimony would not merely duplicate that of other witnesses. DOCKET NO. 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. Most of the charged misconduct could be characterized as a part of the hostage situation. Wagner responds that the duress existing on September 2 was generated by other inmates. 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. [5] The rules for determining whether this phrase is unconstitutionally vague are well settled. 20030106-CA, 2004 WL 530728, *1, 2004 Utah App. LEXIS 282, *4. In this context we address Wagner's claims. 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. 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. 401 N.W.2d 198 - HAIR v. STATE, Court of Appeals of Iowa. On remand, the trial court directed Wagner to pay $1,000,000.00 in victim restitution, $5,000.00 in attorney's fees, $37,706.58 in trial and appellate court costs, and $4,300.00 in witness fees. of Iowa Supreme Court opinions. This opportunity should be provided. E. Impartial decision maker. Wagner was charged with yelling and screaming at inmates; ordering and intimidating officers out of a cellhouse; and stealing a cellhouse key, a gas grenade, a walkie-talkie and ¾ of a pound of sugar. He did not file his motion to sever until October 25, 1984. In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. Nothing in this record suggests Wagner's relationship with the non-testifying hostages was any less antagonistic than with those who testified. James Wagner could be living in Ottumwa, Cedar Rapids, Muscatine or 18 other places in Iowa. We reject this argument. Ineffective assistance of counsel and fair trial. On September 2, 1981, a riot occurred at the Iowa State Penitentiary at Fort Madison, Iowa. Merits Wagner concedes officers had reasonable suspicion for the initial stop of his vehicle. 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. State v. Doss, 355 N.W.2d 874, 878 (Iowa 1984). Trial court properly refused to submit the requested instruction. State v. Bair, 362 N.W.2d 509, 512 (Iowa 1985) (quoting State v. Boyd, 271 Or. As a result, the facts supporting each of the eight kidnapping counts necessarily overlap and involve details central to each of the other counts. On the same date the warden affirmed the disciplinary committee's decision. Iowa R.Crim.P. 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. proceeding." 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). Thus, Wagner's right to file a motion to sever was waived. See Iowa Code § 718.1 (1981). Joinder therefore was permissible. Co., 382 N.W.2d 100, 107 (Iowa 1986). Neither Judge Miller nor the assistant attorney general acted improperly concerning the approval of the information. 19-1278. He asserts that the warden and director were not impartial and that his due process rights accordingly were violated. Wolff, 418 U.S. at 564, 94 S. Ct. at 2979, 41 L. Ed. 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. He was given notice of these charges. We find no merit in these contentions and affirm. At the sentencing hearing trial court ruled that the director of adult corrections should prepare a plan of restitution to be submitted to the court for its approval. at 93-94. 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 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. 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). Rather, the record reflects the State's resources were concentrated on a large number of murder prosecutions arising out of the prison uprising, and it simply was unable to devote attention to Wagner at an earlier date. There were no pre-impact skid marks on the road. 811 ... SOLITARY TROUBLES. 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). Thomas J. Miller, Atty. Inmates took a number of penitentiary employees hostage and caused substantial property damage to the penitentiary. Here, the record contains nothing to suggest the five non-testifying hostages would have given testimony adverse to the State's case. He asserts that the trial court in its approval of the information considered evidence and materials other than those arising from the evidence in the postconviction proceeding. Considered by REYNOLDSON, C.J., and McGIVERIN, CARTER, WOLLE, and NEUMAN, JJ. State v. Wagner, 359 N.W.2d 487, 489 (Iowa 1984); Iowa Code § 321J.6 (1989). See Wilson, 406 N.W.2d at 446; State v. Johnson, 318 N.W.2d 417, 423 (Iowa), cert. Specifically, in the present case there is no indication of wrongdoing by Judge Miller. 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. On April 5, 1983, a motion for a trial and an amendment or enlargement of facts was filed by Wagner. The Big 12 Championship game will be … View Case; Cited Cases ... From A.2d, Reporter Series. The court also referred to the fact that a Deputy Director and a Commissioner of the Department of Social Services were consulted for advice. Gavin's testimony was considered by the jury and neither Wagner nor the State made any claim his actions or his subsequent unavailability adversely impacted their right to present their cases. We decline to do so. Inmates took a number of penitentiary employees hostage and caused substantial property damage to the penitentiary. 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. 2d 15, 18 (1985) (per curiam). Wagner claims the State cannot meet this burden because the legislature has not enacted any criminal law that would punish an escape occurring outside its territorial borders. Here, Wagner knowingly and willingly waived that right following the filing of the trial information. Except with respect to a restitution question, the issues Wagner raises are meritless. In so doing they constantly are dealing with lawyers who have pending matters before the court. The narrow range of protected liberty interests that are afforded a prisoner must be flexible and attuned to the setting by balancing and adjusting the prisoner's rights against the needs of the prison. The State's failure to call all the hostages as witnesses. 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). *247 James Cleary, Des Moines, for appellant. It does not require the State to produce witnesses who do not testify at trial. Further, Wagner has presented no evidence to support his claim that failure to sever would prejudice his right to a fair trial. Further, Wagner points to nothing in the articles that is inaccurate, misleading, or obviously intended to inflame the public against him. And cross-examine those who testified Wagner responds that the no reprisals for their activities on September was! His right to due process is provided the litigants 243 N.W.2d 850, 853 ( 1976! Rollins, Supreme court opinions hostages because his life had been threatened another... V. Cosse-Hickey co. Inc. ( La victims stripped him of his application for postconviction.... An appellate court, we are mindful of the limited, but was admitted! 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