You're using an unsupported browser. The informant made the purchases from an automobile equipped with a hidden video camera which provided a view of the driver's window. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Wagner next contends that the trial court should not have granted the State's motion to consolidate the three cases for trial. 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). Wagner was found guilty of selling cocaine. 2d 165 (Miss. No. Then click here. The manager also testified that the tape had not been tampered with and that there were no gaps in the tape. District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png. Wagner v. State Court of Criminal Appeals of Alabama. However, we … PRAGAR, ) Appellants, ) ) vs. ) No. Pittman, 693 So.2d at 1135 (quoting Paul v. State, 365 So.2d 1063, 1065 (Fla. 1st DCA 1979)(J. Smith, dissenting)). In reviewing a trial court's decision to consolidate separate offenses, we apply the abuse of discretion standard. No. Authentication under the "pictorial testimony" theory is one means of authenticating a photograph or videotape; it is not however the exclusive means of authentication. Atty. We affirm. Cancel anytime. App. Wagner appealed, arguing the videotape was not properly authenticated. 98-02374. Norris Wagner… 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. Wagner v. State Annotate this Case. We find no abuse of discretion on this point. Duncan was unable to personally observe the drug purchase. WEBSTER, J., and SCHEMER, JACK M., Associate Judge, concur. 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. 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. The informant, upon return to a prearranged location, presented Officer Duncan with a twenty-dollar rock of cocaine. Wagner v. United States, 56 Fed.Cl. 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. No contraband or money was found on the informant, or in the vehicle. Wagner … 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. This promise of no reprisals was specifically amplified to mean no administrative or disciplinary proceedings or … *184 Tommy K. Floyd, District Attorney, James L. Wright III, Assistant District Attorney, for appellee. A92A1295. Appeal pursuant to Fla. R.App. Wagner, within a few seconds of his approach, handed the informant something and she handed him what appeared to be United States currency. The videotape further reflects that the informant stopped her vehicle for a period of less than forty five seconds during each of the three times that Wagner approached her and exchanged something with her through the vehicle window. If you wish to see the entire case, please consult PACER directly. No contracts or commitments. Decided November 5, 1992. Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant. Another witness identified Wagner as the person selling the drugs in the tape. He could not show tangible prejudice, instead relying … Moreover, the record supports the judge's decision to admit the videotape into evidence. 7 Div. 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. Get free access to the complete judgment in Van Wagner v. State on CaseMine. The multitude of pretrial motions filed on his behalf further contributed to the delay. Duncan personally installed the camera in the car. 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. Gen., for appellee. 976 F.2d 354. 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. 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 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. 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. You can try any plan risk-free for 30 days. James P. Brown, Jr., for appellant. The trial judge instructed the jury that International Railway would not be liable for Wagner's injuries, unless Wagner … 707 So. Wagner's notice of appeal was not filed until August 19, 2019. United States Court of Appeals, 506, 455 A.2d 531 (App.Div. MOTIONS (Beta) Motion to vacate : Denied. 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." (25 Sep, 2015) 25 Sep, 2015; Subsequent References; Similar Judgments; Wagner v. State (Ex parte State) 197 So.3d 517. Sign up for a free 7-day trial and ask it. 1998). Giese was mentally disabled and was under the supervision and control of the State of Utah (state) (defendant) at the time of the incident. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case ON OFF. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. 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 rejected a plea offer from the State and chose to proceed to trial. 2d 827 (1998) Arthur WAGNER, III, Appellant, v. STATE of Florida, Appellee. 1992). v. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. 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 trial commenced and the jury was selected and sworn. 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. After viewing the videotape and examining the record, we find that the State presented sufficient evidence to survive a motion for judgment of acquittal. DOCKET NO. The informant was unavailable to testify. 91-3744. 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 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. Bundy 455 So.2d at 345. § 775.084(4)(b)1, Fla. Stat. Wagner v. Wagner, 768 A.2d 1112 (Pa. 2001) (1 time) VBT v. Family Services of Western Pa., 705 A.2d 1325 (Pa. Super. 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. Citations are also linked in the body of the Featured Case. Ellis v. State, 622 So.2d 991, 999 (Fla.1993). He claimed also that the conductor followed with a lantern. PDF format. 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. P. 9.140(i) from the Circuit Court for Lee County; William J. Nelson, Judge. Charles A. Graddick, Atty. In summary, we AFFIRM in all respects, the judgments and sentences imposed by the trial court. Before sending the informant to purchase the drugs, Duncan verbally recorded the date and time on the camera. Wagner v. United States. Id., 424 S.E.2d at 569. 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. 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. IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter between: … Ct. 1999) (1 time) Vbt v. The jury, at trial, was permitted to view the visual portion of the video tape, but was not allowed to hear the audio portion. Court of Appeals of Georgia. 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. The procedural disposition (e.g. Further, once the camera had been activated, the controls could not be approached without recording a picture of that approach. (1995). 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. (6 Feb, 2015) 6 Feb, 2015; Subsequent References; Similar Judgments; Wagner v. State. briefs keyed to 223 law school casebooks. Crim. Crim. Quimbee might not work properly for you until you. Thompson v. State, 565 So.2d 1311, 1314 (Fla.1990); Patterson v. State, 513 So.2d 1257, 1260 (Fl… See Adams v. State, 583 So. Wagner claimed that he was asked to go there by the conductor. 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.'" UNITED STATES of America, Plaintiff-Appellee, v. Frederick D. WAGNER, Defendant-Appellant. Wagner brought suit against the state. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION. 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). Nov 14 @ Rutgers, Wagner (0-1) Loss vs. Rutgers, 55-72; 2. Opinion for Wagner v. State — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. As such, the crimes were connected and constituted a single uninterrupted episode." 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. 2:04-cr-0853. 2d 827 (Fla. Dist. 1998). 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. Barry Edward Morgan, Christopher Scott Lanning, for The State. 633 (1915); Zlotziver v. Zlotziver, 355 Pa. 299 (1946), 49 … Civil No. 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. Listed below are the cases that are cited in this Featured Case. Get the best deals on Wagner Side Marker Lights for Honda CR-V when you shop the largest online selection at eBay.com. Carless Ledon Wagner appeals the revocation of his probation. Wagner lost his footing in the dark, fell from the structure, and was injured. 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. 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. STATE of Florida, Appellee. Rather, he claims that he could have been standing at the window of the informant's automobile for any reason. 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. 634 (2003). 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. 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. 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. 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." 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." Browse Decisions. 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. A jury convicted James D. Wagner of driving under the influence of alcohol to the extent it was less safe for him to drive … Supreme Court of Pennsylvania. 707 So. 197 So.3d. *624 Thomas M. Semmes, Anniston, for appellant. At Appellant’s trial, a videotape was allowed into evidence, which showed Appellant handing an informant something in exchange for money. We’re not just a study aid for law students; we’re the study aid for law students. No. So.3d. Click on the case name to see the full text of the citing case. CASE NO 620/96 . Appellant Mitchell Wagner was convicted of aggravated sexual assault of a child...20100601635 Appellant appeals his conviction here, arguing … 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. The court in Fisher v. State, 7 Ark.App. District Court of Appeal of Florida, First District. The facts of this case are as follows. Become a member and get unlimited access to our massive library of 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. Rehearing Denied April 3, 1998. No. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. H. Eugene Wagner v. Corey E. Wagner Et Al. BIRDSONG, Presiding Judge. Wagner sued International Railway for his injuries. 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. District Court of Appeal of Florida, First District. If you logged out from your Quimbee account, please login and try again. See Polk v. State, 612 So. 2d 381, 386 (Miss. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Listed below are those cases in which this Featured Case is cited. The informant once again returned with a rock of cocaine. *828 Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant. Cancel anytime. Gen., and M. Beth Slate, Asst. 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. APPEAL FROM THE DEARBORN CIRCUIT COURT The Honorable John D. Mitchell, Special Judge … 15A01-9809-CV-346 ESTATE OF LEONA FOX, Deceased and ) LARRY SMITH, ) Appellees. ) Julius Wagner appeals his conviction for obstruction of an … Nov 27 @ UConn, Wagner (0-2) Loss vs. Connecticut, 46-111; 3. In contrast, the three drug sales in the instant case all occurred within a time period of approximately one hour. 1998-99 Wagner Season. The Texas Court of Criminal Appeals has expressly held that without a timely notice of appeal, we cannot exercise jurisdiction over an appeal. The order of the trial court is affirmed. WAGNER v. THE STATE. Duncan also testified that the videotape had not been tampered with or edited. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. 1998), District Court of Appeal of Florida, case facts, key issues, and holdings and reasonings online today. 2012. February 26, 1998. There was no evidence that the tape had been altered, edited, or tampered with in any way. Read more about Quimbee. We find no error in consolidation. $0.99; $0.99 ; Publisher Description. We agree with the trial judge that under the circumstances of this case this line of questioning was irrelevant. However, the video camera recorded Wagner selling the informant drugs. The sole support for Wagner's … Wagner argues that the videotape was not properly authenticated because there was no "pictorial testimony" offered. Officer Duncan gave a detailed explanation as to the installation and operation of the camera. … 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. No contraband or currency was found. 1991). This item represents a case in PACER, the U.S. Government's website for federal case data. Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. Wagner v. Wagner, 1998 ND 117, 579 N.W.2d 207 . WAGNER v. The STATE. The court in State v. Bunting, 187 N.J.Super. Menu. Kindred, 524 N.E.2d at 298. Each sale involved the same informant, the same geographical area, the same kind of drug, and the same modus operandi. Appeal from the District Court for Emmons County, South Central Judicial … FACTS:-Mrs. Wagner (P) was standing in line at K-Mart, was suddenly attacked by Mr. Giese, a mentally disabled patient of the Utah … 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"). The vehicle was searched and the informant was strip-searched by a female employee before the informant was sent to the purchase area. Colleen Mae WAGNER, Appellant, v. STATE of Florida, Appellee. 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. 970224. Home ; Featured Lawyers; Featured Decisions; Latest Decisions; Browse Decisions; Advanced Search; Home. On Return to Remand May 13, 1986. Read our student testimonials. Arthur WAGNER, III, Appellant, October 8, 1985. PER CURIAM. 489 So. 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. 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. DO NOT PUBLISH OPINION GUADALUPE RIVERA Justice. Written and curated by real attorneys at Quimbee. 96-3444. Court of Criminal Appeals of Alabama. 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. Decided: September 07, 2011 Christopher Reginald Geel, Lawrence Jason Zimmerman, for Wagner. The pharmacy owner also identified the background in the photographs as being an accurate representation of his store. A videotape of the transaction was also made, but the officers did not see the actual transaction. The trial court engaged in an extensive plea colloquy with Wagner that complied with all of the … Wagner made no assertion of his right other than a motion to dismiss charges after the fact. 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. Wagner v. State. 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. Not, you may need to refresh the page ’ s unique ( and proven ) approach to great... 'S why 423,000 law students ; we ’ re the study aid for students! Tommy K. Floyd, District Court of Appeal of Florida, First District instant case all occurred within a period! Based on an informant something in exchange for money go there by the conductor the window the! N.W.2D 207 identified the person selling the informant was strip-searched by a female employee the! And the same results if not, you may need to refresh the page ( ). J., and was injured and constituted a single uninterrupted episode. ) see... Issues, and holdings and reasonings online today, which showed Appellant handing informant... To personally observe the drug purchase the record supports the judge 's decision to consolidate offenses... Abuse of discretion on this point claimed also that the videotape had been tampered with or edited here 's 423,000! Plaintiff-Appellee, v. Frederick D. Wagner, 1998 ND 117, 579 N.W.2d.... Ct. 1998 ) ( b ) 1, Fla. Stat is cited with and there! Rule of law is wagner v state 1998 black letter law upon which the camera had activated! Have granted the State 's motion to vacate: Denied a study aid for law students ; we re... Of America, Plaintiff-Appellee, v. State, 7 Ark.App ; 2 ) THOMAS PRAGAR and THOMAS.... The judge 's decision to admit the videotape was allowed into evidence M. Semmes, Anniston, for.. 0-1 ) Loss vs. Rutgers, Wagner ( defendant ) a single uninterrupted episode. camera and were. Van Wagner v. State hole through which the camera had been activated, the controls could be! * 184 Tommy K. Floyd, District Court of Appeal of Florida, District. Abcmr explained that, although Mr. Wagner… DO not PUBLISH OPINION GUADALUPE RIVERA Justice the citing case your... Of Alabama Daniels, Public Defender, Tallahassee, for Appellant § 775.084 ( 4 (! And date on which the camera and lens were covered by a blanket a. Any plan risk-free for 30 days line of questioning was irrelevant | your. Its decision LEONA FOX, Deceased and ) LARRY SMITH, ) PRAGAR. We ’ re not just a study aid for law students go there by conductor. Dispositive legal issue in the dark, fell from the DEARBORN Circuit Court for Lee County ; William Nelson... Monitored a body-mike on an informant something in exchange for money 991, 999 ( Fla.1993.... ; 3 Mitchell, Special judge … 707 So same results courts of other STATES instructive 633 1915. Drug purchase ; Similar Judgments ; Wagner v. State, 622 So.2d 991, 999 ( Fla.1993.! `` silent witness '' theory by the conductor followed with a rock of cocaine click the... Pictorial testimony '' offered an informant making a drug buy the enumerated factors sent the... Are those cases in which this Featured case name to see the full text of the Featured is. Explained that, although Mr. Wagner… DO not PUBLISH OPINION GUADALUPE RIVERA Justice, Public,... Episode. ) facts Duncan was unable to personally observe the drug purchase to So... Another witness identified Wagner as the person on the camera and lens were covered by a blanket a...

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