Pittman, 693 So.2d at 1135 (quoting Paul v. State, 365 So.2d 1063, 1065 (Fla. 1st DCA 1979)(J. Smith, dissenting)). Moreover, the record supports the judge's decision to admit the videotape into evidence. 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. Wagner lost his footing in the dark, fell from the structure, and was injured. Wagner … Wagner v. State Court of Criminal Appeals of Alabama. Wagner contends that the evidence adduced by the State was consistent with his reasonable hypothesis of innocence, namely, that he did not provide the informant with the cocaine collected by Officer Duncan. A92A1295. The assistant vice president also testified as to the loading and the operation of the cameras, and as to the chain of custody of the film. CITATION CODES. The ABCMR explained that, although Mr. Wagner… On December 15, 1995, Officer Duncan of the Special Investigations Division of the Bay County Sheriff’s Office arranged for a female confidential informant to purchase drugs while driving an automobile with a hidden video camera. Wagner was found guilty of selling cocaine. September 9, 1998. Wagner got out and walked 445 feet until he arrived at the bridge where he thought to find his cousin's body. This website requires JavaScript. The videotape showed that the informant stopped the car and remained seated when Wagner approached her and conversed with her through the driver's window. The vehicle was searched and the informant was strip-searched by a female employee before the informant was sent to the purchase area. 98-02374. 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. This item represents a case in PACER, the U.S. Government's website for federal case data. However, the video camera recorded Wagner selling the informant drugs. 506, 455 A.2d 531 (App.Div. The informant once again returned with a rock of cocaine. The rule of law is the black letter law upon which the court rested its decision. 1998-99 Wagner Season. Wagner's criminal conduct thus constituted a crime spree and may be considered a single episode of criminal behavior for purposes of joinder or consolidation. 91-3744. 707 So. District Court of Appeal of Florida, First District. This promise of no reprisals was specifically amplified to mean no administrative or disciplinary proceedings or … 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. 1, 643 S.W.2d 571 (1982), held that a videotape depicting the defendant stealing groceries from the back of a store was properly authenticated where the store manager testified that he had previously positioned the camera to view the back door of the store, loaded and started the camera, checked to see that it was working properly, changed the tape two hours later, and had continuous custody of the tape. 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 court thus correctly imposed the concurrent sentences of seventy-five years in prison for Wagner's convictions, and the judgments below are affirmed. 197 So.3d 511 (2015) WAGNER v. STATE … STATE of Florida, Appellee. Ct. 1999) (1 time) Vbt v. Read our student testimonials. Crim. The Texas Court of Criminal Appeals has expressly held that without a timely notice of appeal, we cannot exercise jurisdiction over an appeal. App. (1995). We find no error in consolidation. He had pleaded guilty to first degree rape and...20150213027. FACTS:-Mrs. Wagner (P) was standing in line at K-Mart, was suddenly attacked by Mr. Giese, a mentally disabled patient of the Utah … The order of the trial court is affirmed. James P. Brown, Jr., for appellant. 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. WAGNER v. The STATE. Norris Wagner… … WAGNER v. THE STATE. 96-3444. 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. 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. The issue section includes the dispositive legal issue in the case phrased as a question. 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. 2d 827 (Fla. Dist. The trial commenced and the jury was selected and sworn. BIRDSONG, Presiding Judge. 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. 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. 2012. 15A01-9809-CV-346 ESTATE OF LEONA FOX, Deceased and ) LARRY SMITH, ) Appellees. ) At Appellant’s trial, a videotape was allowed into evidence, which showed Appellant handing an informant something in exchange for money. February 26, 1998. Officer Duncan gave a detailed explanation as to the installation and operation of the camera. 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. 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. Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee. As such, the crimes were connected and constituted a single uninterrupted episode." WEBSTER, J., and SCHEMER, JACK M., Associate Judge, concur. Sign up for a free 7-day trial and ask it. United States Court of Appeals, No. 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. Duncan also testified that the videotape had not been tampered with or edited. Kindred, 524 N.E.2d at 298. 970224. (5) testimony identifying the relevant participants depicted in the photographic evidence. Duncan was unable to personally observe the drug purchase. 2d 827 (Fla. Dist. (25 Sep, 2015) 25 Sep, 2015; Subsequent References; Similar Judgments; Wagner v. State (Ex parte State) 197 So.3d 517. A videotape of the transaction was also made, but the officers did not see the actual transaction. Authentication under the "pictorial testimony" theory is one means of authenticating a photograph or videotape; it is not however the exclusive means of authentication. So.3d. 1991). Opinion for Wagner v. State — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Carless Ledon Wagner appeals the revocation of his probation. Wagner v. United States, 56 Fed.Cl. On 17 August 1998, based on an … No contraband or currency was found. 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. *828 Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant. The facts of this case are as follows. 2d 827 (1998) Arthur WAGNER, III, Appellant, v. STATE of Florida, Appellee. August. P. 9.140(i) from the Circuit Court for Lee County; William J. Nelson, Judge. Nov 14 @ Rutgers, Wagner (0-1) Loss vs. Rutgers, 55-72; 2. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Wagner, within a few seconds of his approach, handed the informant something and she handed him what appeared to be United States currency. Roster & Stats; Polls, Schedule & Results ; Recent Game Results Height of bar is margin of victory • Mouseover bar for details • Click for box score • Grouped by Month. Arthur WAGNER, III, Appellant, However, we … District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png. Duncan personally installed the camera in the car. 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. Appellant Mitchell Wagner was convicted of aggravated sexual assault of a child...20100601635 The informant, upon return to a prearranged location, presented Officer Duncan with a twenty-dollar rock of cocaine. $0.99; $0.99 ; Publisher Description. Each sale involved the same informant, the same geographical area, the same kind of drug, and the same modus operandi. 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. 707 So. Duncan then followed the informant and observed her approaching Arthur Wagner (defendant). Browse Decisions. The Wagners … 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. No contracts or commitments. Cancel anytime. District Court of Appeal of Florida, Second District. (6 Feb, 2015) 6 Feb, 2015; Subsequent References; Similar Judgments; Wagner v. State. 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. Wagner v. State Annotate this Case. 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 rejected a plea offer from the State and chose to proceed to trial. Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant. 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 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. ON OFF. Appellant appeals his conviction here, arguing … WAGNER v. STATE District Court of Appeal of Florida, First District. 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. 1998). It was at this time that Wagner chose to enter an open plea of nolo contendere to the court. 976 F.2d 354. 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. The court in State v. Bunting, 187 N.J.Super. PER CURIAM. No contracts or commitments. Get free access to the complete judgment in Van Wagner v. State on CaseMine. Then click here. No contraband or money was found on the informant, or in the vehicle. Police officers, in Brooks v. Commonwealth, 15 Va.App. 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 … We find no abuse of discretion on this point. Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. Court of Appeals of Georgia. We find the treatment of the "silent witness" theory by the courts of other states instructive. See Adams v. State, 583 So. Court of Criminal Appeals of Alabama. He could not show tangible prejudice, instead relying … Specifically, the videotape shows Wagner handing something to the informant in exchange for money. Wagner v. Wagner, 1998 ND 117, 579 N.W.2d 207 . October 8, 1985. Appeal pursuant to Fla. R.App. There was no evidence that the videotape had been tampered with. The informant made the purchases from an automobile equipped with a hidden video camera which provided a view of the driver's window. The manager also testified that the tape had not been tampered with and that there were no gaps in the tape. DO NOT PUBLISH OPINION GUADALUPE RIVERA Justice. Thompson v. State, 565 So.2d 1311, 1314 (Fla.1990); Patterson v. State, 513 So.2d 1257, 1260 (Fla.1987). Atty. Get Wagner v. State, 707 So. 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." 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. 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. 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. Ct. App. 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. Supreme Court of Utah 122 P.3d 599 (Utah 2005) Facts. He claimed also that the conductor followed with a lantern. briefs keyed to 223 law school casebooks. Dec 5 @ LIU-Brooklyn, Wagner … practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Written and curated by real attorneys at Quimbee. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. No. Wagner v. United States. 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. Defendant Belvin Eugene Wagner was originally arrested without a warrant when he attempted to purchase cocaine during an undercover drug operation on 17 July 1998 in which undercover law enforcement officers used blanched macadamia nuts as fake crack cocaine. Officer Duncan then gave the informant twenty dollars, turned on the video recorder, verbally recorded the date and time, and sent the informant to the purchase area along 16th street. H. Eugene Wagner v. Corey E. Wagner Et Al. Rather, he claims that he could have been standing at the window of the informant's automobile for any reason. PDF format. Free shipping on many items | Browse your favorite brands | affordable prices. In reviewing a trial court's decision to consolidate separate offenses, we apply the abuse of discretion standard. If you logged out from your Quimbee account, please login and try again. 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. The court in Fisher v. State, 7 Ark.App. 407, 424 S.E.2d 566 (1992), monitored a body-mike on an informant making a drug buy. Decided: September 07, 2011 Christopher Reginald Geel, Lawrence Jason Zimmerman, for Wagner. 1992). JAMES L. WAGNER, DAVID N. ) PRAGAR, BARBARA T. PRAGAR, ) THOMAS PRAGAR and THOMAS J. ) Florida Rule of Criminal Procedure 3.151(a), provides: As explained by this court in Pittman v. State, 693 So.2d 1133 (Fla. 1st DCA 1997), the Florida Supreme Court has found that the term "connected acts or transactions," as used in rule 3.151, refers to acts or transactions connected "in an episodic sense," and not to "`similar but separate episodes, separated in time which are "connected" only by similar circumstances and the accused's alleged guilt in both or all instances.'" 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. § 775.084(4)(b)1, Fla. Stat. 489 So. We’re not just a study aid for law students; we’re the study aid for law students. Citations are also linked in the body of the Featured Case. ). The trial court engaged in an extensive plea colloquy with Wagner that complied with all of the … UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION. 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. RTF format. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. Crim. Wagner next contends that the trial court should not have granted the State's motion to consolidate the three cases for trial. Crossley v. State, 596 So.2d 447 (Fla.1992). Under the "silent witness" theory, photographic evidence may be admitted upon proof of the reliability of the process which produced the photograph or videotape. A witness for the State identified the person on the videotape as Wagner. 2:04-cr-0853. Colleen Mae WAGNER, Appellant, v. STATE of Florida, Appellee. 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 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. District Court of Appeal of Florida, First District. Id., 424 S.E.2d at 569. Menu. Another witness identified Wagner as the person selling the drugs in the tape. You're using an unsupported browser. No. No. 633 (1915); Zlotziver v. Zlotziver, 355 Pa. 299 (1946), 49 … (26 Feb, 1998) 26 Feb, 1998 Decided November 5, 1992. A11A0895. 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. 197 So.3d. 415. 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. 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 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. Quimbee might not work properly for you until you. Rehearing Denied April 3, 1998. This process was repeated a third time under the same circumstances and with the same results. 1998). Thompson v. State, 565 So.2d 1311, 1314 (Fla.1990); Patterson v. State, 513 So.2d 1257, 1260 (Fl… Civil No. Wagner argues that the videotape was not properly authenticated because there was no "pictorial testimony" offered. There was no evidence that the tape had been altered, edited, or tampered with in any way. Officer Duncan finally testified as to the time and date on which the tape was made. The sole support for Wagner's … 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. Click on the case name to see the full text of the citing case. 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. As Professor Wigmore explains: John Henry Wigmore, 3 Evidence in Trials at Common Law, § 790, at 219-20 (Chadbourn rev.1970); see also 2 McCormick on Evidence § 214, at 15 (John William Strong ed., 4th ed.1992). Nov 27 @ UConn, Wagner (0-2) Loss vs. Connecticut, 46-111; 3. The pharmacy owner also identified the background in the photographs as being an accurate representation of his store. 1998), District Court of Appeal of Florida, case facts, key issues, and holdings and reasonings online today. Gen., and M. Beth Slate, Asst. You can try any plan risk-free for 7 days. Gen., for appellee. We affirm. Wagner made no assertion of his right other than a motion to dismiss charges after the fact. We agree with the trial judge that under the circumstances of this case this line of questioning was irrelevant. 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. Julius Wagner appeals his conviction for obstruction of an … Further, once the camera had been activated, the controls could not be approached without recording a picture of that approach. 2d 623 (1985) Norris WAGNER, Jr. v. STATE. 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. Become a member and get unlimited access to our massive library of Collins v. State… You can try any plan risk-free for 30 days. 2d 381, 386 (Miss. 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. 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. The trial judge instructed the jury that International Railway would not be liable for Wagner's injuries, unless Wagner … Charles A. Graddick, Atty. 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. Ellis v. State, 622 So.2d 991, 999 (Fla.1993). See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Cancel anytime. Officer Duncan then turned off the video camera. Wagner's notice of appeal was not filed until August 19, 2019. The informant was unavailable to testify. The Florida Supreme Court held that these crimes were properly joined since they were "connected by the close proximity in time and location, by their nature, and by the manner in which they were perpetuated." PRAGAR, ) Appellants, ) ) vs. ) No. Listed below are those cases in which this Featured Case is cited. *624 Thomas M. Semmes, Anniston, for appellant. 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. Click the citation to see the full text of the cited case. At trial, Duncan testified that the camera was in good working order during the drug purchase. If you wish to see the entire case, please consult PACER directly. 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. 1976.PA.40569; 353 A.2D 819, 466 PA. 532. 7 Div. Wagner sued International Railway for his injuries. 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 165 (Miss. 634 (2003). The jury, at trial, was permitted to view the visual portion of the video tape, but was not allowed to hear the audio portion. MOTIONS (Beta) Motion to vacate : Denied. Read more about Quimbee. 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. 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 was convicted of two first-degree felonies and of one second-degree felony. The camera and lens were covered by a blanket containing a small hole through which the camera lens protruded. In summary, we AFFIRM in all respects, the judgments and sentences imposed by the trial court. 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). 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. Thomas PRAGAR and THOMAS J. witness '' theory by the trial judge instructed the jury was selected sworn! Working order during the drug purchase obligation to DO So, or in the dark, fell from the Circuit! Discretion standard officers did not see the actual transaction Mitchell, Special judge … So! Students ; we ’ re the study aid for law students in way... The Wagners … JAMES L. Wright III, Appellant, v. State ; Search! 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