No contraband or money was found on the informant, or in the vehicle. Click on the case name to see the full text of the citing case. The Florida legislature has concluded that a sentence of life in prison is an appropriate punishment for a habitual violent felony offender who commits a first-degree felony. The trial judge instructed the jury that International Railway would not be liable for Wagner's injuries, unless Wagner … Wagner v. United States. 1991). Wagner lost his footing in the dark, fell from the structure, and was injured. Nov 14 @ Rutgers, Wagner (0-1) Loss vs. Rutgers, 55-72; 2. Decided November 5, 1992. Gen., for appellee. The court in Kindred v. State, 524 N.E.2d 279 (Ind.1988), in a prosecution for perjury and forgery, held that admission of a videotape of the bank's transactions was proper where the tapes displayed the time at which the recordings were made, and where the assistant vice president of the bank testified that he dealt with the tapes on a regular basis. We find the treatment of the "silent witness" theory by the courts of other states instructive. You can try any plan risk-free for 7 days. The Texas Court of Criminal Appeals has expressly held that without a timely notice of appeal, we cannot exercise jurisdiction over an appeal. The evidence presented in the instant case indicates that Wagner was involved in a "flurry" of drug sales, that is, that the drug sales constituted one criminal episode. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Officer Duncan gave a detailed explanation as to the installation and operation of the camera. Rather, he claims that he could have been standing at the window of the informant's automobile for any reason. DO NOT PUBLISH OPINION GUADALUPE RIVERA Justice. Similarly, in the instant case, since the three drug sales occurred within the space of about one hour, there was little time for respite between commission of the offenses. (6 Feb, 2015) 6 Feb, 2015; Subsequent References; Similar Judgments; Wagner v. State. The ABCMR explained that, although Mr. Wagner… We first address the issue relating to the admissibility of the videotape, since it is critical to Wagner's argument concerning the sufficiency of the evidence. WAGNER v. THE STATE. We held in Pittman, that drug sales occurring two days apart lacked a causal link and were not part of the same criminal episode. H. Eugene Wagner v. Corey E. Wagner Et Al. However, the video camera recorded Wagner selling the informant drugs. This website requires JavaScript. v. 2012. *624 Thomas M. Semmes, Anniston, for appellant. Carless Ledon Wagner appeals the revocation of his probation. The issue section includes the dispositive legal issue in the case phrased as a question. (25 Sep, 2015) 25 Sep, 2015; Subsequent References; Similar Judgments; Wagner v. State (Ex parte State) 197 So.3d 517. ). 1983), held that a film from a surveillance camera, depicting the robbery of a store, was properly authenticated where the state introduced testimony describing the installation and view of the camera, operation of the camera, testing of the camera, removal of the film, and the chain of custody of the film after removal. In reviewing a trial court's decision to consolidate separate offenses, we apply the abuse of discretion standard. Get the best deals on Wagner Side Marker Lights for Honda CR-V when you shop the largest online selection at eBay.com. Wagner appealed, arguing the videotape was not properly authenticated. Crim. August. He claimed also that the conductor followed with a lantern. Wagner next argues that he was improperly restricted from cross-examining Officer Duncan about persons who had approached the informant in the past during controlled drug buys. 2d 827 (Fla. Dist. This promise of no reprisals was specifically amplified to mean no administrative or disciplinary proceedings or … 415. Torts Adam M. Miller Chapter 2: Intentional Interference with Person or Property Section 1: Intent Class Notes: CASE BRIEF: Wagner v. State NAME: Wagner v. State, Supreme Court of Utah (2005). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION. The court explained that the videotape was properly admitted, under the "silent witness theory," because the videotape included an "on-screen display of the passage of time in seconds," and because the tape had not been altered. Wagner v. State (Ex parte State) Supreme Court of Alabama. If you logged out from your Quimbee account, please login and try again. Arthur WAGNER, III, Appellant, At trial, Duncan testified that the camera was in good working order during the drug purchase. Wagner was found guilty of selling cocaine. 15A01-9809-CV-346 ESTATE OF LEONA FOX, Deceased and ) LARRY SMITH, ) Appellees. ) Crossley v. State, 596 So.2d 447 (Fla.1992). At issue in this appeal is ownership of the Wagner Realty Corporation and its sole asset, a parcel of real estate located on Pierce Street in Kingston, Pennsylvania. 1998). This item represents a case in PACER, the U.S. Government's website for federal case data. Although a defendant bears the burden to prove any allegedly-unconstitutional conduct by a prosecutor in electing to seek a death sentence, see Jenkins v. State, 269 Ga. 282(2), 498 S.E.2d 502 (1998), the manner in which that burden is carried must be consistent with the law and public policy considerations. Bundy 455 So.2d at 345. Wagner argues that the trial court erred when it denied his supplemental motion to correct error which alleged that D.C.'s testimony was coached by spectators. The court held that the photographs were properly authenticated based on the pharmacy owner's testimony that the burglary alarm system was activated upon closing the business and that the camera could be started by a number of magnetic switches connected to a motion detector. Ct. 1998) (1 time) Smith v. Philadelphia Gas Works, 740 A.2d 1200 (Pa. Commw. Ct. App. The multitude of pretrial motions filed on his behalf further contributed to the delay. Court of Criminal Appeals of Alabama. Administrators in the Estate of the late John Herbert Richards v Nichol and Another (620/96) [1998] ZASCA 82; 1999 (1) SA 551 (SCA); [1998] 4 All SA 555 (A) (25 September 1998) Download original files. Wagner does not deny that he was the person depicted in the videotape who was handing something to the informant in exchange for money, and thus his identity is not in issue. There was no evidence that the videotape had been tampered with. 98-02374. Further, once the camera had been activated, the controls could not be approached without recording a picture of that approach. 2d 827 (1998) Arthur WAGNER, III, Appellant, v. STATE of Florida, Appellee. Read our student testimonials. Emmert that “the state-of-mind exception does not permit the witness to relate any of the declarant's statements as to why he held the particular state of mind, or what he might have believed that would have induced the state of mind.” 829 F.2d 805, 810 (9th Cir.1987) (emphasis added) (quoting United States v. Cohen, 631 F.2d … No. District Court of Appeal of Florida, First District. 1. 197 So.3d. The rule of law is the black letter law upon which the court rested its decision. Wagner brought suit against the state. The trial judge sentenced Wagner, as an habitual violent felony offender, to seventy-five years in prison on the first count, seventy-five years in prison on the second count, and to thirty years in prison on the third count, to run concurrently. (5) testimony identifying the relevant participants depicted in the photographic evidence. Get free access to the complete judgment in Van Wagner v. State on CaseMine. Gen., and M. Beth Slate, Asst. Cancel anytime. 96-3444. Id., 424 S.E.2d at 569. After viewing the videotape and examining the record, we find that the State presented sufficient evidence to survive a motion for judgment of acquittal. Wagner's notice of appeal was not filed until August 19, 2019. Here, the wording of the agreement and the reconciliation after divorce showed the original intent to have *539 been to make the agreement contingent upon the unmarried state and to abandon it when that state was abandoned. Under the "silent witness" theory, photographic evidence may be admitted upon proof of the reliability of the process which produced the photograph or videotape. He explained the manner in which he mounted a Sony recording device in the trunk of a county-owned vehicle, attached by wire to a camera and microphone positioned on the rear window tray of the vehicle. So.3d. UNITED STATES of America, Plaintiff-Appellee, v. Frederick D. WAGNER, Defendant-Appellant. Arthur Wagner III (Wagner) seeks review on direct appeal from his convictions and sentences in two cases of sale of cocaine within 1000 feet of a school, and one case of sale of cocaine. 2d 381, 386 (Miss. 2d 623 (1985) Norris WAGNER, Jr. v. STATE. Wagner claimed that he was asked to go there by the conductor. The informant once again returned with a rock of cocaine. Police officers, in Brooks v. Commonwealth, 15 Va.App. No. No. We find no abuse of discretion on this point. The Wagners … The informant presented Officer Duncan with a rock of cocaine after each transaction, despite an initial search confirming the absence of cocaine on her person or in the vehicle.3 The videotape, which depicts each incident from the time the informant left Officer Duncan's view to the time that he was able to view her again, does not show any other person near the informant's window. Written and curated by real attorneys at Quimbee. BIRDSONG, Presiding Judge. JAMES L. WAGNER, DAVID N. ) PRAGAR, BARBARA T. PRAGAR, ) THOMAS PRAGAR and THOMAS J. ) PRAGAR, ) Appellants, ) ) vs. ) No. Wagner v. United States, 56 Fed.Cl. Moreover, the record supports the judge's decision to admit the videotape into evidence. PER CURIAM. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case The admissibility of photographic evidence falls within the trial court's discretion; the court's decision will not be overturned absent a showing of abuse. Wagner, within a few seconds of his approach, handed the informant something and she handed him what appeared to be United States currency. October 8, 1985. The trial court engaged in an extensive plea colloquy with Wagner that complied with all of the … Filed June 4, 1998 IN THE SUPREME COURT STATE OF NORTH DAKOTA 1998 ND 117Walter D. Wagner, Plaintiff and Appellant v. Bernadette Wagner, Defendant and Appellee. Wagner argues that the videotape was not properly authenticated because there was no "pictorial testimony" offered. law school study materials, including 801 video lessons and 5,200+ The testimony in the instant case concerning the installation and operation of the video camera, the identification of Wagner on the videotape, a clear indication of the time and date on which the tape was made, together with the absence of any evidence concerning tampering or editing, provide the indicia of reliability required to authenticate a videotape for purposes of the "silent witness" theory. Giese was mentally disabled and was under the supervision and control of the State of Utah (state) (defendant) at the time of the incident. The Kindred court explained that "[i]n cases involving photographs taken by automatic cameras, such as Regiscopes or those found in banks, there should be evidence as to how and when the camera was loaded, how frequently the camera was activated, when the photographs were taken, and the processing and chain of custody of the film after its removal from the camera." 634 (2003). Wagner v. State. No. The three transactions were videotaped on one reel of tape, and the audio portion reflected the date and time of each of the three transactions. As such, the crimes were connected and constituted a single uninterrupted episode." Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. RTF format. 2d 827 (Fla. Dist. The informant was unavailable and did not testify.2 The jury found Wagner guilty of two counts of the sale of cocaine within 1000 feet of a school, and of one count of the sale of cocaine. Specifically, the videotape shows Wagner handing something to the informant in exchange for money. It was at this time that Wagner chose to enter an open plea of nolo contendere to the court. Ct. App. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. CITATION CODES. Officer Duncan followed the informant in a separate vehicle, but when approaching Wagner's area on 16th street, he diverted his vehicle to a course on 17th street, parallel with the informant's vehicle. Civil No. If you wish to see the entire case, please consult PACER directly. Wagner v. State Court of Criminal Appeals of Alabama. ON OFF. The record in this case establishes that evidence was presented to the trial judge on all of the enumerated factors. Wagner made no assertion of his right other than a motion to dismiss charges after the fact. Duncan also testified that the videotape had not been tampered with or edited. Ct. 1999) (1 time) Vbt v. See Henkel's Estate, 59 Pa. Super. Click the citation to see the full text of the cited case. See Hale v. State, 630 So.2d 521, 526 (Fla.1993)(explaining that "[t]he length of the sentence actually imposed is generally said to be a matter of legislative prerogative"). TYSON, Judge. Appeal pursuant to Fla. R.App. See Adams v. State, 583 So. This evidence is inconsistent with Wagner's hypothesis that he was not the source of the cocaine, and the trial judge properly denied Wagner's motion for judgment of acquittal. A prosecutor's discretion in seeking a death sentence … The trial commenced and the jury was selected and sworn. (1995). After waiting for approximately thirty minutes, Officer Duncan turned the video camera back on, verbally recorded the time and date, gave the informant another twenty dollars, and sent her back to the same area where she made the first purchase. While it is, of course, improper for a spectator in a courtroom to coach a witness while he is testifying, the record before us indicates that Wagner's defense counsel failed to bring the alleged spectator misconduct to the attention of the trial court at trial. 506, 455 A.2d 531 (App.Div. Quimbee might not work properly for you until you. Wagner rejected a plea offer from the State and chose to proceed to trial. Rather, he claims that the seventy-five year sentences are disproportionate to his crimes and that imposition of these sentences constitutes cruel and unusual punishment under article I, section 17, of the Florida Constitution. United States Court of Appeals, The procedural disposition (e.g. Read more about Quimbee. This process was repeated a third time under the same circumstances and with the same results. Ellis v. State, 622 So.2d 991, 999 (Fla.1993). The facts of this case are as follows. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. A witness for the State identified the person on the videotape as Wagner. Atty. The drug transactions thus ended with three separate purchases of crack cocaine under virtually identical circumstances,1 occurring over a total period of approximately one hour, and all occurring within the same block on 16th street. Supreme Court of Pennsylvania. The Supreme Court, in a later opinion, further characterized the offenses in Bundy as part of an "uninterrupted crime spree in which no significant period of respite separated the multiple crimes. There was no evidence that the tape had been altered, edited, or tampered with in any way. We affirm. The informant, after the conclusion of the drug purchases, again was strip-searched by a female employee and the vehicle was searched by Officer Duncan. (26 Feb, 1998) 26 Feb, 1998 Wagner … briefs keyed to 223 law school casebooks. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? Motion for summary … Duncan was unable to personally observe the drug purchase. 91-3744. 633 (1915); Zlotziver v. Zlotziver, 355 Pa. 299 (1946), 49 … Collins v. State… 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. You can try any plan risk-free for 30 days. We thus hold that relevant photographic evidence may be admitted into evidence on the "silent witness" theory when the trial judge determines it to be reliable, after having considered the following: (1) evidence establishing the time and date of the photographic evidence; (2) any evidence of editing or tampering; (3) the operating condition and capability of the equipment producing the photographic evidence as it relates to the accuracy and reliability of the photographic product; (4) the procedure employed as it relates to the preparation, testing, operation, and security of the equipment used to produce the photographic product, including the security of the product itself; and. He could not show tangible prejudice, instead relying … James P. Brown, Jr., for appellant. § 775.084(4)(b)1, Fla. Stat. App. On Return to Remand May 13, 1986. He argues that it was incumbent upon the State to offer testimony of the informant or some other witness who could testify that, based upon his or her personal knowledge, the tape fairly and accurately portrayed the incidents reflected thereon. Wagner asserts that the trial court erred in: (1) denying his motion for judgment of acquittal, (2) admitting into evidence a videotape of the alleged drug buys, (3) restricting Wagner's cross-examination of Robert Duncan, the officer in charge of the investigation, (4) granting consolidation of the charges for trial, and (5) imposing a seventy-five year sentence for selling a twenty-dollar rock of crack cocaine as constituting cruel and unusual punishment under article I, section 17, of the Florida Constitution. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. A study aid for law students Associate judge, concur... 20150213027 no in! The complete judgment in Van Wagner v. State District Court of Appeal of Florida, First District a! Nancy A. Daniels, Public Defender ; Phil Patterson, Assistant District Attorney for... 27 @ UConn, Wagner ( 0-2 ) Loss vs. Connecticut, 46-111 ; 3 M.,. The bridge where he thought to find his cousin 's body trial, Duncan verbally recorded the and... Through which the camera was in good working order during the drug purchase show! Annotate this case convicted of two first-degree felonies and of one second-degree felony first-degree and! Re not just a study aid for law students money was found on the informant again! Learn more about Quimbee ’ s unique ( and proven ) approach achieving... Dismiss charges after the fact an open plea of nolo contendere to the Court in Fisher State... Three cases for trial consult PACER directly the circumstances of this case brief with rock. Judge 's decision to admit the videotape as Wagner also Slaton v. State, 7 Ark.App judge 707... Fla.1993 ) 599 ( Utah 2005 ) facts informant in exchange for money A.2d 1200 ( Pa..... Gaps in the vehicle unable to personally observe the drug purchase Appeals the revocation his. Was not properly authenticated holding and reasoning section includes: v1508 - -!, a videotape of the enumerated factors SMITH v. Philadelphia Gas Works, 740 A.2d 1200 ( Pa. Commw Rutgers. The State identified the person selling the drugs in the vehicle was searched the., Lawrence Jason Zimmerman, for Appellant Mr. Wagner… DO not PUBLISH OPINION GUADALUPE Justice... As the person on the informant in exchange for money ( defendant ) III!, or tampered with in any way find his cousin 's body owner also identified the on! There was no `` pictorial testimony '' offered all their law students we..., Jr. v. State Daniel A. DAVID, Assistant District Attorney, JAMES L. Wagner, III,,! The rule of law is the black letter law upon which the tape at Appellant ’ s trial Duncan... So, or use a different web browser like Google Chrome or Safari )! Shows Wagner handing something to the informant to purchase the drugs in instant. Time and date on which the camera and lens were covered by a blanket containing a small through..., edited, or to explain individual moderation Decisions at law school September,! Informant 's automobile for any reason § 775.084 ( 4 ) ( )! And sworn contendere to the trial judge on all of the driver 's.. Leagle.Com reserves the right to edit or remove comments but is under no obligation to DO So, to. 1998 ND 117, 579 N.W.2d 207 three cases for trial re the study aid for law students we! 07, 2011 Christopher Reginald Geel, Lawrence Jason Zimmerman, for the State for Appellee the! 999 ( Fla.1993 ) to First degree rape and... 20150213027 Christopher Geel..., 981 S.W.2d 208, 209 n.3 ( Tex Butterworth, Attorney General ; A.... Subsequent References ; Similar Judgments ; Wagner v. State … Wagner v. State Court of Appeal of Florida Appellee... Listed below are the cases that are cited in this Featured case was selected and.. Court rested its decision Rutgers, Wagner ( 0-2 ) Loss vs.,! Issue section includes the dispositive legal issue in the dark, fell from the structure, and SCHEMER JACK. Crimes were connected and constituted a single uninterrupted episode. 1998 ) ( b ) 1, Fla... ) SMITH v. Philadelphia Gas Works, 740 A.2d 1200 ( Pa. Commw ( 1 )! Provided a view of the driver 's window until you properly for you until you vs. no... Appellant handing an informant making a drug buy Nelson, judge of approximately one hour text Highlighter ; ;... Process was repeated a third time under the circumstances of this case crimes connected... N.3 ( Tex ; Phil Patterson, Assistant District Attorney, JAMES Wagner..., ) Appellants, ) Appellees. remove comments but is under no obligation DO. The revocation of his store DAVID N. ) PRAGAR, ) Appellants, ) ) )..., Tallahassee, for Appellee as the person on the videotape shows handing... V. Frederick D. Wagner, Jr. v. State, 596 So.2d 447 ( )... 187 N.J.Super something in exchange for money all their law students ; we ’ re the study aid for students. Are also linked in the body of the citing case GUADALUPE RIVERA Justice Mitchell Special! Of Alabama revocation of his right other than a motion to dismiss charges after fact... Account, please consult PACER directly summary, we AFFIRM in all respects the. Javascript in your browser settings, or in the photographic evidence Anniston for... That approach judge 's decision to consolidate separate offenses, we apply the of! Wagners … JAMES L. Wagner, Defendant-Appellant Florida, Second District then followed the informant to purchase drugs. The conductor followed with a lantern text of the enumerated factors this line of questioning was irrelevant until. V. the State for the State identified the background in the vehicle child... 20100601635 Ledon. Or remove comments but is under no obligation to DO So, or tampered with,,. Trial Court should not have wagner v state 1998 the State was in good working order the! Work properly for you until you period of approximately one hour proven ) approach achieving! Briefs: are you a current student of can try any plan risk-free for days... The background in the photographs as being an accurate representation of his store phrased as a.... Was found wagner v state 1998 the camera was in good working order during the drug purchase plea! D. Mitchell, Special judge … 707 So, monitored a body-mike on an informant making a drug.... 'S body III, Assistant Attorney General ; Daniel A. DAVID, Assistant Attorney General, Tallahassee, for.! The video camera recorded Wagner selling the drugs in the wagner v state 1998 the right to edit or remove but! All occurred within a time period of approximately one hour of other STATES instructive not properly authenticated because there no. Date and time on the informant to purchase the drugs, Duncan verbally recorded the date time. Issue section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z ; 353 A.2d,... Drug, and holdings and reasonings online today once again returned with a lantern the citation to see entire... 07, 2011 Christopher Reginald Geel, Lawrence Jason Zimmerman, for the State tape had altered. Directly to Quimbee for all their law students ; we ’ re the aid!, DAVID N. ) PRAGAR, BARBARA T. PRAGAR, BARBARA T. PRAGAR, ) Appellees., District,. Officers did not see the entire case, please login and try again episode. that evidence was to. Law students ; we ’ re the study aid for law students Tallahassee., 981 S.W.2d 208, 209 n.3 ( Tex have relied on our case briefs: are a., you may need to refresh the page Yale, Vanderbilt, Berkeley, and the University Illinois—even! Pa. 532 sign up for a free 7-day trial and ask it approached without recording picture. Bunting, 187 N.J.Super that evidence was presented to the complete judgment in Van Wagner v. State Annotate this this! Court for Lee County ; William J. Nelson, judge and with the same informant, or a... The structure, and SCHEMER, JACK M., Associate judge, concur, JACK M., Associate judge concur..., Anniston, for Appellee, but the officers did not see the actual transaction State … v.... Commenced and the jury was selected and sworn the holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 -.! ; Wagner v. State Court of Appeal of Florida, First District.https:.. Theory by the courts of other STATES instructive liable for Wagner instructed the jury that International Railway would be! Record supports the judge 's decision to consolidate separate offenses, we apply the of! C62A5F3A171Bd33C7Dd4F193Cca3B7247E5F24F7 - 2020-12-18T12:41:07Z ask it made no assertion of his store judge,.. Fell from the DEARBORN Circuit Court for Lee County ; William J. Nelson, judge ( 1 )... The U.S. Government 's website for federal case data background in the photographs as being accurate... V. State on CaseMine ( 4 ) ( 1 time ) SMITH v. Philadelphia Gas Works, 740 A.2d (. There by the courts of other STATES instructive structure, and the informant drugs more. The vehicle was searched and the University of Illinois—even subscribe directly to Quimbee for all their students... Fla.1992 ) consult PACER directly Daniels, Public Defender ; Phil Patterson Assistant! 991, 999 ( Fla.1993 ) issues, and the jury was selected and.. The informant was strip-searched by a blanket containing a small hole through which the was. Picture of that approach 55-72 ; 2 then followed the informant and observed her approaching Arthur Wagner III. Also testified that the videotape had been altered, edited, or use different... Revocation of his store, v. State Annotate this case establishes that evidence was presented the! Wagner … Get free access to the installation and operation of the.! `` silent witness '' theory by the courts of other STATES instructive robert Butterworth!