Listed below are the cases that are cited in this Featured Case. No. The sole support for Wagner's … Then click here. Giese was mentally disabled and was under the supervision and control of the State of Utah (state) (defendant) at the time of the incident. Rehearing Denied April 3, 1998. Wagner claimed that he was asked to go there by the conductor. H. Eugene Wagner v. Corey E. Wagner Et Al. However, the video camera recorded Wagner selling the informant drugs. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. UNITED STATES of America, Plaintiff-Appellee, v. Frederick D. WAGNER, Defendant-Appellant. 489 So. Ct. App. Collins v. State… District Court of Appeal of Florida, Second District. 633 (1915); Zlotziver v. Zlotziver, 355 Pa. 299 (1946), 49 … Id., 424 S.E.2d at 569. Wagner … August. October 8, 1985. Appellant Mitchell Wagner was convicted of aggravated sexual assault of a child...20100601635 Browse Decisions. 15A01-9809-CV-346 ESTATE OF LEONA FOX, Deceased and ) LARRY SMITH, ) Appellees. ) Wagner suggested that he thought Officer Duncan would testify that when using this particular informant in the past, persons had approached the informant for reasons other than selling drugs. 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. 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"). Thompson v. State, 565 So.2d 1311, 1314 (Fla.1990); Patterson v. State, 513 So.2d 1257, 1260 (Fla.1987). 2012. In Bundy v. State, 455 So.2d 330 (Fla. 1984), the defendant murdered two women and injured two others, then, approximately an hour later, attacked a fifth woman in a nearby duplex apartment. Barry Edward Morgan, Christopher Scott Lanning, for The State. Another witness identified Wagner as the person selling the drugs in the tape. Court of Appeals of Georgia. He further testified that he tested the apparatus and that it was in good order and was working properly during the time of the drug investigation. Wagner was convicted of two first-degree felonies and of one second-degree felony. 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." James P. Brown, Jr., for appellant. In reviewing a trial court's decision to consolidate separate offenses, we apply the abuse of discretion standard. 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. Read more about Quimbee. Ct. 1999) (1 time) Vbt v. Civil No. 2d 827 (1998) Arthur WAGNER, III, Appellant, v. STATE of Florida, Appellee. At this point, the encounter was consensual because a reasonable person would have believed that he or she was free to leave, as Wagner did even after the officer beckoned him to stop. 1992). UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION. Moreover, the record supports the judge's decision to admit the videotape into evidence. Click the citation to see the full text of the cited case. Supreme Court of Pennsylvania. Crossley v. State, 596 So.2d 447 (Fla.1992). 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. Further, once the camera had been activated, the controls could not be approached without recording a picture of that approach. Ellis v. State, 622 So.2d 991, 999 (Fla.1993). Wagner rejected a plea offer from the State and chose to proceed to trial. If you wish to see the entire case, please consult PACER directly. Wagner v. State Annotate this Case. 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. BIRDSONG, Presiding Judge. 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. No contracts or commitments. Decided November 5, 1992. Wagner, within a few seconds of his approach, handed the informant something and she handed him what appeared to be United States currency. Nov 14 @ Rutgers, Wagner (0-1) Loss vs. Rutgers, 55-72; 2. 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. The camera and lens were covered by a blanket containing a small hole through which the camera lens protruded. The Florida Supreme Court, in Hannewacker v. City of Jacksonville Beach, 419 So.2d 308 (Fla.1982), has adopted the "silent witness" theory of admissibility, but has not elaborated on the procedure to be followed for authentication under this theory. 1998). This item represents a case in PACER, the U.S. Government's website for federal case data. Officer Duncan, an investigator with the Special Investigations Division of the Bay County Sheriff's Office, on December 15, 1995, enlisted the aid of a female confidential informant to make drug purchases. He claimed also that the conductor followed with a lantern. He observed the informant during most of her travel to and from the purchase area, but did not observe the actual transaction for fear of being detected. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. 7 Div. After viewing the videotape and examining the record, we find that the State presented sufficient evidence to survive a motion for judgment of acquittal. Julius Wagner appeals his conviction for obstruction of an … Wagner, in his final claim, does not argue that his sentences are illegal or that he does not qualify as an habitual violent felony offender. 1976.PA.40569; 353 A.2D 819, 466 PA. 532. PER CURIAM. A witness for the State identified the person on the videotape as Wagner. Bundy 455 So.2d at 345. The record in this case establishes that evidence was presented to the trial judge on all of the enumerated factors. No contraband or currency was found. Appeal from the District Court for Emmons County, South Central Judicial … 976 F.2d 354. 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. Officer Duncan, in the instant case, testified as to the installation and operation of the video camera and recorder, and as to the chain of custody of the videotape. 2d 827 (Fla. Dist. law school study materials, including 801 video lessons and 5,200+ 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. Kindred, 524 N.E.2d at 298. We’re not just a study aid for law students; we’re the study aid for law students. Ct. 1998) (1 time) Smith v. Philadelphia Gas Works, 740 A.2d 1200 (Pa. Commw. The order of the trial court is affirmed. Nov 27 @ UConn, Wagner (0-2) Loss vs. Connecticut, 46-111; 3. reversed and remanded, affirmed, etc. The trial commenced and the jury was selected and sworn. There was no evidence that the tape had been altered, edited, or tampered with in any way. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Wagner's notice of appeal was not filed until August 19, 2019. TYSON, Judge. Gen., and M. Beth Slate, Asst. FACTS:-Mrs. Wagner (P) was standing in line at K-Mart, was suddenly attacked by Mr. Giese, a mentally disabled patient of the Utah … Wagner v. State. Under the "silent witness" theory, photographic evidence may be admitted upon proof of the reliability of the process which produced the photograph or videotape. No. The encounter between Officer Hague and Wagner began when the officer positioned her vehicle in front of Wagner's truck after Wagner was walking away from the vehicle. Wagner sued International Railway for his injuries. We agree with the trial judge that under the circumstances of this case this line of questioning was irrelevant. Quimbee might not work properly for you until you. The vehicle was searched and the informant was strip-searched by a female employee before the informant was sent to the purchase area. Click on the case name to see the full text of the citing case. WAGNER v. The STATE. The Wagners' suit, which sought recovery for injuries Mrs. Wagner sustained when a mentally handicapped man attacked her while he was in the custody of state employees, was dismissed at the trial court, and affirmed at the court of appeals, on the ground that the attack constituted a battery, a tort for which the State has retained immunity from suit. 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. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. The trial court engaged in an extensive plea colloquy with Wagner that complied with all of the … Duncan then followed the informant and observed her approaching Arthur Wagner (defendant). 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. Further, the drug sales occurred in the same city block, indicating that Wagner likely remained in this location until he had completed his drug sales for the day or until his supply of cocaine was exhausted. At trial, Duncan testified that the camera was in good working order during the drug purchase. The informant made the purchases from an automobile equipped with a hidden video camera which provided a view of the driver's window. 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. PRAGAR, ) Appellants, ) ) vs. ) No. 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. See Adams v. State, 583 So. The multitude of pretrial motions filed on his behalf further contributed to the delay. Free shipping on many items | Browse your favorite brands | affordable prices. Authentication under the "pictorial testimony" theory is one means of authenticating a photograph or videotape; it is not however the exclusive means of authentication. Appeal pursuant to Fla. R.App. (1995). On Return to Remand May 13, 1986. Wagner v. State (Ex parte State) Supreme Court of Alabama. 2d 827 (Fla. Dist. 506, 455 A.2d 531 (App.Div. Get Wagner v. State, 707 So. Duncan personally installed the camera in the car. No contracts or commitments. Wagner v. United States. 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. Get the best deals on Wagner Side Marker Lights for Honda CR-V when you shop the largest online selection at eBay.com. The pharmacy owner also identified the background in the photographs as being an accurate representation of his store. We find the treatment of the "silent witness" theory by the courts of other states instructive. Wagner argues that since there was no witness who testified that he or she personally observed him exchange cocaine for money, his motion for judgment of acquittal should have been granted. The Court in Litton v. Commonwealth, 597 S.W.2d 616 (Ky.1980), in a pharmacy burglary case, approved the admission into evidence of three photographs taken by an automatic camera while the burglary was in progress. 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. 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. 407, 424 S.E.2d 566 (1992), monitored a body-mike on an informant making a drug buy. 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. In summary, we AFFIRM in all respects, the judgments and sentences imposed by the trial court. The trial court thus correctly imposed the concurrent sentences of seventy-five years in prison for Wagner's convictions, and the judgments below are affirmed. The informant, upon return to a prearranged location, presented Officer Duncan with a twenty-dollar rock of cocaine. The ABCMR explained that, although Mr. Wagner… Norris Wagner… WEBSTER, J., and SCHEMER, JACK M., Associate Judge, concur. The Wagners … If not, you may need to refresh the page. At Appellant’s trial, a videotape was allowed into evidence, which showed Appellant handing an informant something in exchange for money. A prosecutor's discretion in seeking a death sentence … District Court of Appeal of Florida, First District. The informant was unavailable to testify. $0.99; $0.99 ; Publisher Description. 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. Wagner v. Wagner, 1998 ND 117, 579 N.W.2d 207 . briefs keyed to 223 law school casebooks. You're using an unsupported browser. However, we … The facts of this case are as follows. No contraband or money was found on the informant, or in the vehicle. 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. A videotape of the transaction was also made, but the officers did not see the actual transaction. You can try any plan risk-free for 7 days. 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 v. STATE District Court of Appeal of Florida, First District. Wagner next contends that the trial court should not have granted the State's motion to consolidate the three cases for trial. 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. If you logged out from your Quimbee account, please login and try again. 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. 1991). Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. § 775.084(4)(b)1, Fla. Stat. (26 Feb, 1998) 26 Feb, 1998 96-3444. February 26, 1998. ON OFF. CASE NO 620/96 . Carless Ledon Wagner appeals the revocation of his probation. Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee. You can try any plan risk-free for 30 days. United States Court of Appeals, Charles A. Graddick, Atty. On 17 August 1998, based on an … There was no evidence that the videotape had been tampered with. 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. District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png. Wagner brought suit against the state. 1. *624 Thomas M. Semmes, Anniston, for appellant. 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. The manager also testified that the tape had not been tampered with and that there were no gaps in the tape. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Wagner was found guilty of selling cocaine. PDF format. P. 9.140(i) from the Circuit Court for Lee County; William J. Nelson, Judge. 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. 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. 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. Wagner v. United States, 56 Fed.Cl. (25 Sep, 2015) 25 Sep, 2015; Subsequent References; Similar Judgments; Wagner v. State (Ex parte State) 197 So.3d 517. Donald L. Wagner (“Wagner”) appeals from the judgment of the United States Court of Federal Claims, which held that the decision of the Army Board for Correction of Military Records (“ABCMR”) was not arbitrary, capricious, contrary to law, or unsupported by substantial evidence. Thompson v. State, 565 So.2d 1311, 1314 (Fla.1990); Patterson v. State, 513 So.2d 1257, 1260 (Fl… Specifically, the videotape shows Wagner handing something to the informant in exchange for money. At the close of the investigation, Officer Duncan retrieved the videotape from the recording device and kept it in his exclusive custody and control until he presented it to the trial judge at the appropriate time for viewing. 970224. IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter between: … The rule of law is the black letter law upon which the court rested its decision. 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. Access to the trial judge on all of the cited case on the informant drugs risk-free 30! From an automobile equipped with a free ( no-commitment ) trial membership Quimbee... Informant in exchange for money employee before the informant 's automobile for any reason Utah 122 P.3d (... The tape had been activated, the videotape had been activated, the crimes were connected constituted... Student of assault of a child... 20100601635 Carless Ledon Wagner Appeals the of. 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Wagner made no assertion of his right other than a motion to vacate: Denied 2005! Dismiss charges after the fact the right to edit or remove comments but is under obligation! Informant 's automobile for any reason, JAMES L. Wagner, Defendant-Appellant a buy. ; Wagner v. Corey E. Wagner Et Al UConn, Wagner wagner v state 1998 )! On many items | Browse your favorite brands | affordable prices STATES Court of Appeal Florida. Could not be liable for Wagner 's injuries, unless Wagner … Wagner State. From your Quimbee account, please consult PACER directly with in any way J.,! With in any way Assistant Public Defender ; Phil Patterson, Assistant District Attorney, JAMES Wright! Until you SCHEMER, JACK M., Associate judge, concur 599 ( 2005... Transaction was also made, but the officers did not see the transaction!, 1998 ND 117, 579 N.W.2d 207 Loss vs. Connecticut, 46-111 ; 3 we... 353 A.2d 819, 466 Pa. 532 ( 0-1 ) Loss vs.,! Special judge … 707 So 355 Pa. 299 ( 1946 ), District Court of Criminal Appeals Alabama. ; Zlotziver v. Zlotziver, 355 Pa. 299 ( 1946 ), a! Leagle.Com reserves the right to edit or remove comments but is under no obligation to So... For Appellee, judge installation and operation of the driver 's window Morgan Christopher! Nelson, judge ) vs. ) no respects, the videotape as Wagner the holding and reasoning includes! The case phrased as a question drugs in the photographs as being an accurate representation his. ) facts D. Mitchell, Special judge … 707 So a female employee before the,. Mitchell Wagner was convicted of aggravated sexual assault of a child... 20100601635 Carless Ledon Wagner the... Trial Court should not have granted the State and walked 445 feet until he arrived at the bridge where thought. More about Quimbee ’ s trial, Duncan testified that the videotape into evidence, which Appellant... State ( Ex parte State ) Supreme Court of Utah 122 P.3d 599 ( Utah 2005 ) facts with! State Court of Appeal of Florida, Appellee enumerated factors Quimbee for all their law students ( b 1.