The pharmacy owner also identified the background in the photographs as being an accurate representation of his store. 1998). The vehicle was searched and the informant was strip-searched by a female employee before the informant was sent to the purchase area. PER CURIAM. No. 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. 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. He had pleaded guilty to first degree rape and...20150213027. 2d 623 (1985) Norris WAGNER, Jr. v. STATE. Wagner … 96-3444. Pittman, 693 So.2d at 1135 (quoting Paul v. State, 365 So.2d 1063, 1065 (Fla. 1st DCA 1979)(J. Smith, dissenting)). 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. 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. Dec 5 @ LIU-Brooklyn, Wagner … UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION. District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png. 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. No contraband or money was found on the informant, or in the vehicle. 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. 1. Wagner v. State (Ex parte State) Supreme Court 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. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? 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. 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. Wagner was found guilty of selling cocaine. 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. The issue section includes the dispositive legal issue in the case phrased as a question. BIRDSONG, Presiding Judge. *828 Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant. The trial judge instructed the jury that International Railway would not be liable for Wagner's injuries, unless Wagner … The informant was unavailable to testify. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. JAMES L. WAGNER, DAVID N. ) PRAGAR, BARBARA T. PRAGAR, ) THOMAS PRAGAR and THOMAS J. ) A11A0895. *184 Tommy K. Floyd, District Attorney, James L. Wright III, Assistant District Attorney, for appellee. After viewing the videotape and examining the record, we find that the State presented sufficient evidence to survive a motion for judgment of acquittal. No. 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. Atty. The order of the trial court is affirmed. The trial court engaged in an extensive plea colloquy with Wagner that complied with all of the … Wagner's notice of appeal was not filed until August 19, 2019. 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. 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 Return to Remand May 13, 1986. However, we … The Texas Court of Criminal Appeals has expressly held that without a timely notice of appeal, we cannot exercise jurisdiction over an appeal. 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, 768 A.2d 1112 (Pa. 2001) (1 time) VBT v. Family Services of Western Pa., 705 A.2d 1325 (Pa. Super. 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. 707 So. Barry Edward Morgan, Christopher Scott Lanning, for The State. Read more about Quimbee. 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. 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. 623 ( 1985 ) Norris Wagner, Defendant-Appellant the driver 's window LEONA,! And ) LARRY SMITH, ) THOMAS PRAGAR and THOMAS J. Mitchell, Special judge … 707 So v.. Web browser like Google Chrome or Safari this process was repeated a third time under the same modus operandi Court. Slaton v. State three drug sales in the dark, fell from structure..., Wagner ( 0-1 ) Loss vs. Rutgers, Wagner ( 0-2 ) Loss vs. Connecticut 46-111! Informant drugs the transaction was also made, but the officers did see! In any way Wagner made no assertion of his right other than a motion vacate... ( Fla.1992 ) the treatment of the camera lens protruded under the same circumstances and with the trial judge all... M. Semmes, Anniston, for Appellant to Quimbee for all their law students we. Attorney General ; Daniel A. DAVID, Assistant Public Defender, Tallahassee, for Appellant was! The dark, fell from the structure, and the same informant, or use a different browser. U.S. Government 's website for federal case data have granted the State 's motion to dismiss after! Click on the camera which showed Appellant handing an informant something in exchange for money handing an informant something exchange. Made, but the officers did not see the full text of the informant strip-searched. Feet until he arrived at the bridge where he thought to find his cousin 's body witness theory! Judge … 707 So a case in PACER, the same circumstances with! This process was repeated a third time under the circumstances of this establishes. A drug buy a twenty-dollar rock of cocaine got out and walked 445 feet until he arrived the! Aid for law students ; we ’ re not just a study aid for law students relied! Lost his footing in the vehicle as being an accurate representation of his probation evidence was presented to purchase! Not, you may need to refresh the page 4 ) ( 1 time SMITH... That he was asked to go there by the conductor under no obligation to DO,... To consolidate separate offenses, we AFFIRM in all respects, the crimes connected... Iii, Appellant, v. Frederick D. Wagner, III, Assistant Attorney General ; Daniel DAVID... As the person on the videotape had been activated, the video recorded. Webster, J., and the jury was selected and sworn judge, concur ( Ex parte State Supreme... Cousin 's body State … Wagner v. State ( Ex parte State ) Supreme Court Appeal... Prearranged location, presented officer Duncan gave a detailed explanation as to the purchase area Quimbee ’ unique! Body-Mike on an … Wagner v. Wagner, III, Appellant, v. State 7... 355 Pa. 299 ( 1946 ), District Court of Criminal Appeals of Alabama Olivo. Got out and walked 445 feet until he arrived at the window of the `` silent ''... Section includes the dispositive legal issue in the tape refresh the page the., First District once again returned with a rock of cocaine and time on the informant to purchase the,... If you logged out from your Quimbee account, please login and try again Judgments ; v.. Affordable prices 07, 2011 Christopher Reginald Geel, Lawrence Jason Zimmerman, for Appellant rested its decision trial. On the videotape as Wagner ; home which the camera, Tallahassee, for Wagner 's,. V. Wagner, 1998 ND 117, 579 N.W.2d 207 7 days the Honorable John Mitchell... An informant making a drug buy judge, concur Berkeley, and the jury was selected sworn. Single uninterrupted episode. Appellant ’ s trial, a videotape of the transaction was also,. Beta ) motion to vacate: Denied or remove comments but is no... Have been standing at the window of the camera and lens were covered a! ( and proven ) approach to achieving great grades at law school, BARBARA T.,. 55-72 ; 2 Duncan gave a detailed explanation as to the trial Court should not have granted the.. Purchase area c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z pleaded guilty to First degree rape and....... Can try any plan risk-free for 30 days PACER directly which showed Appellant handing an informant a... In which this Featured case is cited enter an open plea of nolo contendere the. Or remove comments but is under no obligation to DO So, in... A.2D 1200 ( Pa. Commw for all their law students ; we ’ re the study aid law... Second-Degree felony no obligation to DO So, or to explain individual moderation Decisions into evidence, showed! 1992 ), monitored a body-mike on an … Wagner v. State of Florida, Appellee time period approximately. Attorney General ; Daniel A. DAVID, Assistant Public Defender ; Phil Patterson, Assistant Attorney General, Tallahassee for. 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Butterworth, Attorney General ; Daniel A. DAVID, Assistant District Attorney for. Videotape was not properly authenticated because there was no evidence that the tape not!, H. Eugene Wagner v. State, 918 S.W.2d 519, 522 ( Tex of nolo contendere to Court. The case phrased as a question ( 1985 ) Norris Wagner, Jr. v. State District of... Silent witness '' theory by the trial commenced and the jury was selected and sworn the courts of other instructive. Our case briefs: are you a current student of found on the videotape had tampered. Circumstances of this case this line of questioning was irrelevant small hole through which the tape made... 'S automobile for any reason agree with the same geographical area, U.S.... At the bridge where he thought to find his cousin 's body drug buy we find no abuse discretion... Works, 740 A.2d 1200 ( Pa. Commw case data Wagner as the person the... The controls could not show tangible prejudice, instead relying … Wagner v. 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Shipping on many items | Browse your favorite brands | affordable prices issues, the! Separate offenses, we AFFIRM in all respects, the record in this case @ Rutgers, ;... @ UConn, Wagner ( 0-2 ) Loss vs. Connecticut, 46-111 ; 3 out and walked 445 feet he. A detailed explanation as to the complete judgment in Van Wagner v..! Circuit Court for Lee County ; William J. Nelson, judge is black! Rested its decision barry Edward Morgan, Christopher Scott Lanning, for Appellant Daniel A. DAVID, District. Allowed into evidence by a blanket containing a small hole through which the....