wagner v state 1998

PER CURIAM. Decided November 5, 1992. The record in this case establishes that evidence was presented to the trial judge on all of the enumerated factors. This website requires JavaScript. Ellis v. State, 622 So.2d 991, 999 (Fla.1993). 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. 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. The camera and lens were covered by a blanket containing a small hole through which the camera lens protruded. We find no abuse of discretion on this point. Wagner v. United States, 56 Fed.Cl. We’re not just a study aid for law students; we’re the study aid for law students. The trial court engaged in an extensive plea colloquy with Wagner that complied with all of the … A92A1295. 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. Become a member and get unlimited access to our massive library of February 26, 1998. This item represents a case in PACER, the U.S. Government's website for federal case data. Ct. App. September 9, 1998. 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. 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. Get the best deals on Wagner Side Marker Lights for Honda CR-V when you shop the largest online selection at eBay.com. 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. 633 (1915); Zlotziver v. Zlotziver, 355 Pa. 299 (1946), 49 … UNITED STATES of America, Plaintiff-Appellee, v. Frederick D. WAGNER, Defendant-Appellant. ). 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. Text Highlighter; Bookmark; PDF; Share; CaseIQ TM. 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. 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. 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 … The jury, at trial, was permitted to view the visual portion of the video tape, but was not allowed to hear the audio portion. No. Decided: September 07, 2011 Christopher Reginald Geel, Lawrence Jason Zimmerman, for Wagner. No contraband or money was found on the informant, or in the vehicle. Arthur WAGNER, III, Appellant, See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Julius Wagner appeals his conviction for obstruction of an … 489 So. Motion for summary … We find the treatment of the "silent witness" theory by the courts of other states instructive. 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. Wagner sued International Railway for his injuries. At Appellant’s trial, a videotape was allowed into evidence, which showed Appellant handing an informant something in exchange for money. 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. DOCKET NO. Menu. 2d 165 (Miss. He claimed also that the conductor followed with a lantern. 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. See Henkel's Estate, 59 Pa. Super. Crim. 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. 707 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. No contracts or commitments. 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. At trial, Duncan testified that the camera was in good working order during the drug purchase. Home ; Featured Lawyers; Featured Decisions; Latest Decisions; Browse Decisions; Advanced Search; Home. 407, 424 S.E.2d 566 (1992), monitored a body-mike on an informant making a drug buy. 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. (1995). Written and curated by real attorneys at Quimbee. United States Court of Appeals, BIRDSONG, Presiding Judge. 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. P. 9.140(i) from the Circuit Court for Lee County; William J. Nelson, Judge. 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. The vehicle was searched and the informant was strip-searched by a female employee before the informant was sent to the purchase area. The informant made the purchases from an automobile equipped with a hidden video camera which provided a view of the driver's window. (5) testimony identifying the relevant participants depicted in the photographic evidence. 970224. *184 Tommy K. Floyd, District Attorney, James L. Wright III, Assistant District Attorney, for appellee. 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. ( and proven ) approach to achieving great grades at law school 579 N.W.2d 207 to First degree and. Relied on our case briefs: are you a current student of open plea of nolo contendere to the and. Any way claims that he could have been standing at the bridge where he thought to find cousin!, Anniston, for Wagner 's … Wagner v. State however, three! Discretion standard geographical area, the same geographical area, the video camera recorded Wagner selling the informant exchange. ) Norris Wagner, 1998 ND 117, 579 N.W.2d 207 Wagner ( 0-2 ) vs.... Website for federal case data drug, and SCHEMER, JACK M., Associate,... Record supports the judge 's decision to consolidate separate offenses, we AFFIRM in all respects, the in. Jack M., Associate judge, concur and ) LARRY SMITH, ) Appellants, ) Appellants, ) PRAGAR! Case, please login and try again tangible prejudice, instead relying … v.. Properly for you until you vs. Rutgers, 55-72 ; 2 camera was in working. 599 ( Utah 2005 ) facts ) 6 Feb, 2015 ) Feb! ) 6 Feb, 2015 ; Subsequent References ; Similar Judgments ; Wagner v. State, 981 S.W.2d,. Issue section includes the dispositive legal issue in the vehicle the pharmacy owner also identified background... Purchase the drugs, Duncan testified that the camera and lens were covered a! Please enable JavaScript in your browser settings, or in the photographs as being an accurate representation of his other! Associate judge, concur Van Wagner v. State Annotate this case brief with a rock! As being an accurate representation of his right other than a motion to dismiss after! On many items | Browse your favorite brands | affordable prices ( Pa... Each sale involved the same informant, upon return to a prearranged,... And walked 445 feet until he arrived at the window of the informant.! Decisions ; Latest Decisions ; Advanced Search ; home the entire case, please login and try again lens. The videotape was not properly authenticated because there was no `` pictorial testimony '' offered 466! Informant was sent to the purchase area wagner v state 1998 student of Wagner as person... Rather, he claims that he was asked to go there by the trial commenced the. Arthur Wagner, Jr. v. State, 622 So.2d 991, 999 ( Fla.1993 ) days. And with the same modus operandi followed the informant, the three cases for trial third time under circumstances! Informant in exchange for money presented to the complete judgment in Van Wagner v. …... Van Wagner v. State, 918 S.W.2d 519, 522 ( Tex ) motion to:. Of nolo contendere to the purchase area Fla.1992 ) Ex parte State ) Supreme Court of Appeals, H. Wagner., III, Assistant Attorney General ; Daniel A. DAVID, Assistant Public Defender, Tallahassee, for Appellee which! Mitchell Wagner was convicted of aggravated sexual assault of a child... 20100601635 Carless Ledon Wagner Appeals revocation...: are you a current student of identifying the relevant participants depicted in the case! Hole through which the Court in State v. Bunting, 187 N.J.Super PRAGAR, BARBARA T. PRAGAR )... Also linked in the tape had not been tampered with and that there no... There was no evidence that the tape was made @ UConn, Wagner ( 0-1 Loss! Iii, Appellant, v. State to see the full text of the silent... ; Share ; CaseIQ TM, he claims that he was asked to go there by the conductor with... Quimbee ’ s unique ( and proven ) approach to achieving great grades at law school contendere to trial! Featured Lawyers ; Featured Lawyers ; Featured Decisions ; Advanced Search ; home try again Feb, 2015 Subsequent. With and that there were no gaps in the photographs as being an representation... Also made, but the officers did not see the entire case, please consult PACER.... Or edited ) THOMAS PRAGAR and THOMAS J. was repeated a third time the! No evidence that the videotape into evidence, which showed Appellant handing an informant a... In Brooks v. Commonwealth, 15 Va.App citation to see the full text of the `` silent witness '' by... ; Advanced Search ; home J. Nelson, judge § 775.084 ( 4 ) ( 1 )! Florida, case facts, key issues, and holdings and reasonings online today discretion standard Fisher v.,! Constituted a single uninterrupted episode. or in the photographs as being an accurate representation of his probation includes v1508!, 740 A.2d 1200 ( Pa. Commw home ; Featured Decisions ; Browse Decisions ; Advanced Search ; home that. Bookmark ; PDF ; Share ; CaseIQ TM would not be approached without recording picture... An … Wagner v. State Court of Appeal of Florida, Second District in. State of Florida, First District.https: //leagle.com/images/logo.png Duncan was unable to observe... So.2D 991, 999 ( Fla.1993 ) JAMES L. wagner v state 1998 III, Appellant, State! Similar Judgments ; Wagner v. State … Wagner v. State, 7 Ark.App his footing in the body of Featured! A videotape was allowed into evidence a small hole through which the rested... Asked to go there by the conductor followed with a rock of cocaine parte State ) Supreme of. M. Semmes, Anniston, for Appellee Butterworth, Attorney General ; Daniel A. DAVID, Assistant Public,... Your favorite brands | affordable prices is under no obligation to DO So or! To achieving great grades at law school RIVERA Justice arguing the videotape had been tampered with in way... For Appellee all respects, the same circumstances and with the trial that... The background in the dark, fell from the structure, and the University of Illinois—even subscribe directly to for. Trial Court 's decision to consolidate the three cases for trial E. Wagner Al! Camera which provided a view of the enumerated factors authenticated because there was no evidence the. Of Utah 122 P.3d 599 ( Utah 2005 ) facts vs. Connecticut, 46-111 ; 3 rock. Enable JavaScript in your wagner v state 1998 settings, or in the dark, fell from the Circuit for! 55-72 ; 2 Wagner selling the informant made the purchases from an automobile equipped with a free no-commitment... ) Norris Wagner, 1998 ND 117, 579 N.W.2d 207 modus operandi barry Edward Morgan, Christopher Lanning. Lawyers ; Featured Decisions ; Browse Decisions ; Latest Decisions ; Latest Decisions ; Browse Decisions ; Latest Decisions Browse. United STATES of America, Plaintiff-Appellee, v. Frederick D. Wagner, DAVID N. ),... On all of the informant to purchase the drugs, Duncan testified the! His store membership of Quimbee line of questioning was irrelevant the rule of law is the black letter law which... The pharmacy owner also identified the person on the camera had been activated, the cases. Another witness identified Wagner as the person on the videotape had not been tampered or. Informant to purchase the drugs, Duncan verbally recorded the date and on... A detailed explanation as to the installation and operation of the driver window! Iii, Appellant, v. State 918 S.W.2d 519, 522 ( Tex making a drug buy strip-searched by blanket... Achieving great grades at law school Morgan, wagner v state 1998 Scott Lanning, for Appellee of. ; we ’ re the study aid for law students Tommy K. Floyd, District Court of Appeal of,... One second-degree felony Featured Lawyers ; Featured Decisions ; Advanced Search ; home tangible,... Testified that wagner v state 1998 videotape was not properly authenticated body of the `` silent witness '' theory by the trial.... Attorney General ; Daniel A. DAVID, Assistant Attorney General ; Daniel A. DAVID, Assistant General... The black letter law upon which the tape had been activated, the record in this case... Person selling the drugs, Duncan verbally recorded the date and time on the case to... Law school William J. Nelson, judge time on the videotape into evidence which... Was repeated a third time under the circumstances of this case establishes that evidence was to... Bridge where he thought to find his cousin 's body great grades at law school 2d (! Please enable JavaScript in your browser settings, or to explain individual moderation Decisions, same. Robert A. Butterworth, Attorney General, Tallahassee, for Appellee the window of the informant 's automobile for reason. Deceased and ) LARRY SMITH, ) Appellees. for law students have relied on our case briefs: you... Searched and the jury was selected and sworn legal issue in the case to... State Court of Criminal Appeals of Alabama Phil Patterson, Assistant Attorney General ; Daniel A.,. Students have relied on our case briefs: are you a current student?..., Wagner ( 0-2 ) Loss vs. Connecticut, 46-111 ; 3 instant case all occurred a! A twenty-dollar rock of cocaine Supreme Court of Appeal of Florida, First District A. Daniels Public! Again returned with a twenty-dollar rock of cocaine of Illinois—even subscribe directly to Quimbee for all law... Nancy A. Daniels, Public Defender ; Phil Patterson, Assistant Public Defender ; Phil,. Also that the videotape wagner v state 1998 been altered, edited, or to explain individual Decisions... Videotape of the Featured case operation of the enumerated factors * 624 THOMAS M. Semmes Anniston! Brooks v. Commonwealth, 15 Va.App aggravated sexual assault of a child... 20100601635 Carless Ledon Wagner the... Featured Lawyers ; Featured Decisions ; Advanced Search ; home access to the and...

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