We find the warden acted reasonably under the circumstances present. They also read newspapers. Thomas J. Miller, Atty. Inmates took a number of penitentiary employees hostage and caused substantial property damage to the penitentiary. Wagner v. State, Case No. Co., 382 N.W.2d 100, 107 (Iowa 1986). The record reflects their greatest fear was of Wagner, armed with a gun and knife, and the inmates under his command. Wagner v. State Brief . The narrow range of protected liberty interests that are afforded a prisoner must be flexible and attuned to the setting by balancing and adjusting the prisoner's rights against the needs of the prison. IN THE SUPREME COURT OF IOWA Case No. The reason behind the State's decision to limit the record is evident. 19-1302 » Appellant Brief Appellant Reply Brief Appellee Brief + Google Calendar + iCal Export. Kelly v. Nix, 329 N.W.2d 287, 291 (Iowa 1983). Further, the same common, well-understood meaning provides standards sufficiently explicit to prevent the State from arbitrarily determining the scope of this statute. Wagner, an inmate at the Iowa State Penitentiary, challenged the revocation of earned good time pursuant to *248 Iowa Code section 246.41(5). The right to notice and hearing is confined to the disciplinary action; due process does not mandate an additional hearing, preceded by notice, before the forfeiture of the prisoner's good time. Trial court instructed the jury on Wagner's compulsory defense. The disciplinary committee that was chosen to hear and decide the charges against Wagner included individuals not employed at or associated with the penitentiary. A plan later was submitted to and approved by the court that required Wagner to pay $1,300,000 in pecuniary damages, $1941.06 *216 in court costs, and $46,500 in attorney and witness fees. State v. White, 337 N.W.2d 517, 519 (Iowa 1983). The sixth amendment right to speedy trial attaches only after the State brings actual charges. The hearing was set on the resisted motion for May 3, 1983. 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." We conclude Wagner has raised no viable claim of ineffective assistance here, and find no basis for preserving these issues for postconviction review. He maintains that, pursuant to established policy and procedure, sanctions were not to take effect until after he had either exercised or waived his right to appeal to the warden from the disciplinary decision. Trial court likewise properly denied Wagner's motion in limine. Wagner's initial defense was based upon a claim of compulsion. as the executor of Janice Brissey's estate, appeals from the district court's denial of her motion for new trial. Wagner's convictions on all counts are affirmed. He has made no showing their testimony would not merely duplicate that of other witnesses. The possibility they would have testified adversely to the State is purely speculative. In the course of the disturbance fires and property damage occurred, and staff members were held as hostages by inmates. The office address is 1025 Woodlawn Ave, Iowa City, IA 52245. Applicant Everett Wagner appeals from the district court's dismissal of his application for postconviction relief under Iowa Code chapter 663A. The bald assertion that certain acts constitute ineffective assistance of counsel will be insufficient to preserve the question for postconviction proceedings. Although sanctions ordered by the disciplinary committee normally are not effective until after the expiration of the time for appeal, the warden is not prevented from exercising the authority that he is given under subsection 246.41(5) prior to the expiration of the time for appeal, especially in this case when exigent circumstances dictated that the warden act promptly. Co. (Fla. 1978) 363 So.2d 1077, Rafferty v. Allstate Ins. In relevant part Iowa's insurrection statute provides: Iowa Code § 718.1 (1981). After reviewing the newspaper articles, we conclude they were on the whole objective, factual reports that expressed no view on Wagner's guilt or innocence. The State does argue, however, that the third inquiry requires that the suit against the State be dismissed under the Governmental Immunity Act because Mr. Giese's attack constituted a battery, an exception to the waiver of immunity under former section 63-30-10(2). Co. (1985) 303 Md. [2] Wagner of course cannot rely on the statute of limitations. 6(1). Merits Wagner concedes officers had reasonable suspicion for the initial stop of his vehicle. Although Wagner lists a number of persons who witnessed the uprising, he points to nothing definitive in the record that suggests their testimony would be material or favorable to his defense. Unknown to Wagner, after the disciplinary committee's decision on September 17, Warden David Scurr recommended to the director of corrections, Hal Farrier, that 1283 days of good time earned by Wagner be forfeited pursuant to subsection 246.41(5). *250 The trial court found that the prison officials were permanently enjoined from conducting prison disciplinary proceedings in contravention of the guidelines set forth in the rule 804 policy, Kelly v. Nix, 329 N.W.2d 287, 293 (Iowa 1983), and that the rules in the manual were different and in contravention of the injunction. Judge Bainter correctly denied Wagner's motion. (Entity# 210027) is a business entity registered with Iowa Secretary of State. Wagner attacks the phrase in section 718.1 providing that individuals charged with insurrection must have been "acting in concert" with two or more other persons. We find no merit in appellant's argument. Wagner finally asserts the State's failure to present five of the kidnapping victims stripped him of his sixth amendment confrontation right. The manual only provides for a committee recommendation to the warden regarding the time "it believes shall be taken.". 1985). Wagner first contends that because five guards did not testify there was no substantial evidence in the record from which the jury could find these guards did not consent to being taken hostage. The Big 12 Championship game will be … *210 I. Preaccusatorial delay and change of venue. *209 James P. Cleary, Phoenix, Ariz., for appellant. We review de novo in light of the totality of the circumstances. Hoekstra v. Farm Bureau Mut. Wagner asserts, however, that the confrontation right should be expanded to require the State to present as witnesses all individuals involved in the crime regardless of the relevancy of their testimony or its cumulative nature. We have held that to secure a reversal on this ground a defendant "`must show either actual prejudice on the part of the jury or must show that the publicity attending the case was so pervasive and inflammatory that prejudice must be presumed.'" Additionally, to the extent particular jurors may be substantially prejudiced against a defendant, rigorous voir dire can be trusted to expose these prejudices. at 93-94. 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. The two-week period between the incident and the appealed decision served as a "cooling-off period" in which the warden regained any objectivity he might have lost. 382 N.W.2d 141 - RUSHING v. STATE, Supreme Court of Iowa. Gen., and Layne Lindebak, Asst. Wagner contends the State's twenty-month delay in instituting charges against him violates both his right to due process and his right to a speedy trial. When Wagner's counsel learned of these events, he renewed Wagner's motion for a new trial. Here, Wagner knowingly and willingly waived that right following the filing of the trial information. Hoekstra v. Farm Bureau Mut. Ordinarily, the State has the right to present evidence concerning all the facts and circumstances surrounding the commission of the crime. Justification based on defense of third party. Parties, docket activity and news coverage of federal case Wagner v. State of Iowa, et al - see #18 MOO staying case, case number 3:19-cv-03007, from Iowa Northern Court. 2d 1193, 1202 (1982). Approximately twenty months later the State, by trial information, charged Wagner with eight counts of second-degree kidnapping in violation of Iowa Code sections 710.1, 710.3, and 703.1 (1981), and one count of insurrection in violation of Iowa Code sections 718.1 and 703.1 (1981). 13–0931. The State's failure to call all the hostages as witnesses. As a result, the facts supporting each of the eight kidnapping counts necessarily overlap and involve details central to each of the other counts. Cruz v. New York, ___ U.S. ___, 107 S. Ct. 1714, 1717, 95 L. Ed. These definitions of "concert" mirror the ordinary usage and everyday meaning of the word. Nothing in the record indicates that Judge Miller considered anything outside the record in the postconviction proceeding when ruling on Wagner's motion for a new trial and an enlargement of the findings of fact. While he claims this delay caused a number of persons to become unavailable as witnesses, he has made no showing these persons could have supplied material evidence not otherwise available to him. C. Revocation contemporaneous with the decision of the disciplinary committee. 6:30 p.m. ESPN — North Carolina at Iowa. 4 III. This information is uploaded quarterly. [5] The rules for determining whether this phrase is unconstitutionally vague are well settled. Wagner claims that these events deprived him of his right to a fair hearing in the trial court. Focusing on the results of Wagner's telephone survey, we conclude they fall short of demonstrating a substantial likelihood a fair and impartial jury could not be impaneled in Lee County. Co., 382 N.W.2d 100, 107 (Iowa 1986). Our review of the facts indicates that Wagner's good time was revoked because of the number of disciplinary rule violations, including previous rule violations. State v. Bair, 362 N.W.2d 509, 512 (Iowa 1985) (quoting State v. Boyd, 271 Or. Applying this test, we have ruled that joinder should occur when in light of the time, place, and circumstances "`the facts of each charge can be explained adequately only by drawing upon the facts of the other charge.'" Atty. Whether the action of the warden and director violated due process must be examined in light of the balancing, through mutual accommodation of the prison's needs and Wagner's rights, that was described in Niday. Wagner and several other inmates were promised no reprisals for their activities on September 2. Wagner next asserts several issues grounded on the State's decision to call as witnesses only three of the eight guards taken hostage during the uprising. Inmates took a number of penitentiary employees hostage and caused substantial property damage to the penitentiary. at 733-34. The executive department may wish to live up to such agreements for reasons it finds valid; when it does not, we will not uphold the agreements. [3] Ordinarily an individual is considered to be a witness "against" a defendant for sixth amendment confrontation clause purposes only "if his [or her] testimony is part of the body of evidence that the jury may consider in assessing his [or her] guilt." Franz Wagner led a balanced scoring effort for No. Wagner misinterprets the statements of the warden and director in making his claim. STATE of Iowa, Appellee. We hold trial court committed no abuse of discretion when it limited Wagner's ability to depose persons not listed as State's witnesses. 2 Wagner reported to Irvin that he had a bad knee prior to completing the tests. 83-1334. 523 F.2d 1088 - UNITED STATES v. GORHAM, United States Court of Appeals, District of Columbia Circuit. 2d 696, 702-03 (1982). To preserve claims of ineffective assistance of counsel for postconviction review, a defendant must make some minimal showing from which this court can assess the potential viability of his or her claim. View Records . Turning to Wagner's due process claim,[2] he must prove (1) the delay was unreasonable and (2) because of the delay his ability to present his defense actually was prejudiced. Iowa Code § 802.3 (1981). Judge Miller reviewed the information and approved it for filing pursuant to Iowa Rule of Criminal Procedure 5(4). 2d at 956. In ruling on the renewed motion for a new trial, Judge Bainter points out that it is not unusual for dual criminal and civil proceedings to arise from events in the penitentiary and that, as a consequence, local judges often are confronted with these dual proceedings. Except with respect to a restitution question, the issues Wagner raises are meritless. It does not require the State to produce witnesses who do not testify at trial. Notice of involvement in hostage situation. Iowa R.Crim.P. Iowa State defeated the Sooners 37-30 earlier this season. We disagree. Wagner's alleged instances of ineffective assistance include trial counsel's failure to call particular witnesses, counsel's failure to seek the disqualification of the State prosecutor, and trial counsel's failure to strike for cause one particular juror. Reversal is required only when trial court has abused its discretion. Wagner next attacks trial court's denial of his motion to sever and his motion in limine. Wagner's complaint must fail for several reasons. Wagner asserts trial court imposed restitution without allowing him any opportunity to challenge the restitution plan it approved. In the course of the disturbance, Wagner was the principal actor in the forced detention of eight guard trainees. Because no substantial evidence of third-party defense was presented, no jury issue was generated. Mary is related to Meg Wagner and Tim Maxwell Anderson as well as 4 additional people. We recently applied the constitutional guarantee of "some form of due process" to a hearing for deprivation of a prisoner's "good time" because of misbehavior in Niday v. State, 353 N.W.2d 92 (Iowa 1984). E. Impartial decision maker. Supreme Court of Utah 122 P.3d 599 (Utah 2005) Facts. The business effective is September 24, 1997. On March 25, 1983, Judge Miller entered an order overruling and dismissing Wagner's application for postconviction relief. LEXIS 282, *4. Wagner misinterprets the statements of the warden and director in making his claim. On the same date the warden affirmed the disciplinary committee's decision. Docket activity of federal case Wagner v. State of Iowa, et al - see #18 MOO staying case, case number 3:19-cv-03007, from Iowa Northern Court. *247 James Cleary, Des Moines, for appellant. Id. This opportunity should be provided. State v. Ware, 338 N.W.2d 707, 713 (Iowa 1983); State v. Chadwick, 328 N.W.2d 913, 916 (Iowa 1983). Rather, the record reflects the State's resources were concentrated on a large number of murder prosecutions arising out of the prison uprising, and it simply was unable to devote attention to Wagner at an earlier date. There were no pre-impact skid marks on the road. Joinder therefore was permissible. Appealing, Wagner contends a number of trial court errors mandate reversal of his conviction.[1]. Iowa R.Crim.P. State v. Wagner, 410 N.W.2d 207, 215-16 (Iowa 1987). Rebecca is related to Briana E Williamson and Allison Nicole Wagner as well as 4 additional people. Wagner's sentence was scheduled to expire on September 18. Further, Wagner has presented no evidence to support his claim that failure to sever would prejudice his right to a fair trial. Neither Judge Miller nor the assistant attorney general acted improperly concerning the approval of the information. Wagner v. State. No. In so doing they constantly are dealing with lawyers who have pending matters before the court. We find no merit in these contentions and affirm. 10(4). On that date Wagner demanded several times to be released without success. He further claims that this topic was not touched upon in the disciplinary hearing on September 17; however, he urges that the warden and director concede that his good time was taken away because of his involvement in the hostage situation. Ahmad Wagner Photos - IOWA CITY, IA- DECEMBER 08: Forwards Dom Uhl #25 and Ahmad Wagner #0 of the Iowa Hawkeyes celebrate with fans after defeating the Iowa State … They have also lived in Iowa City, IA and Wheeling, IL plus 4 other locations. He concludes that he was not afforded the fundamental right of notice and opportunity to be heard. Wagner was not denied the right to appeal; he did in fact appeal from the disciplinary committee's decision. When a law enforcement officer initiates the implied consent procedures under chapter 321J, they act as a statutory agent of the DOT for purposes of administering the laws of this state pertaining to revocation of a drivers license. State v. Hall, 395 N.W.2d 640, 642 (Iowa 1986); State v. Williams, 264 N.W.2d 779, 783 (Iowa 1978). All but one of these guards were held hostage from approximately 11 a.m. until about 9:20 p.m. During that period, the hostages were moved throughout the penitentiary by armed and antagonistic inmates, frisked and robbed, forced to wear prison garb, and used as bargaining chips by the rioting inmates Wagner led. FS1 — Coppin State at Georgetown. We conclude this evidence was sufficient to permit the jury reasonably to find all the guards had not consented to being held hostage by the inmates. Discovery rulings are within trial court's sound discretion and we review them only for abuse of that discretion. On September 17 a hearing was conducted on the charged violations. There is no evidence or hint of evidence that Judge Miller initiated or considered ex parte communications in ruling on this case. Atty. The matter was heard before Judge John C. Miller who filed a ruling denying and dismissing the application on March 25, 1983. He failed to establish that the Employee's Manual was binding on the warden or that it should be allowed to contravene the rule 804 policy established by federal court order. If the warden had waited a day, Wagner's term would have expired before the good time was revoked. Wagner asserts Gavin's actions and the unusual circumstances surrounding them denied him the right to a fair trial. In contrast with his compulsion defense, Wagner presented no evidence to support a claim he acted as he did out of concern for the guards' safety. See Delaware v. Fensterer, 474 U.S. 15, ___, 106 S. Ct. 292, 294, 88 L. Ed. On remand, the trial court directed Wagner to pay $1,000,000.00 in victim restitution, $5,000.00 in attorney's fees, $37,706.58 in trial and appellate court costs, and $4,300.00 in witness fees. The warden conducted negotiations between two separate groups of inmates, each holding hostages, in an attempt to end the disturbance and secure the release of the hostages. Gen., for appellee. Oklahoma is a five-point favorite over the Cyclones. Judge Miller testified that, if the pending motion had been called to his attention previously, it did not occur to him at the time he signed the trial informations. On September 2, 1981, a riot occurred at the Iowa State Penitentiary at Fort Madison, Iowa. Wagner was afforded proper notice concerning his rule violations. The director followed the events of September 2 from the seat of government in Des Moines. CitationWagner v. State, 282 Ga. 149, 646 S.E.2d 676, 2007 Ga. LEXIS 428, 2007 Fulton County D. Rep. 1814 (Ga. June 11, 2007) Brief Fact Summary. Judge Miller also denied a motion requesting a new trial and an amendment or enlargement of findings. Nothing in the record suggests the twenty-month delay was intended to gain a tactical advantage against Wagner. A criminal defendant, of course, may in all cases attempt to prove that joinder, even if otherwise permissible, will in some way prejudice his or her right to a fair trial. Wagner's appeal arises out of a major uprising at the Iowa State Penitentiary on September 2, 1981. The company's filing status is listed as Active and its File Number is 625683. FS1 — Wagner at Seton Hall. Wagner also has made no showing the two-year period between the publicity relating to the uprising and trial was insufficient to dissipate any prejudice that might have been created by adverse publicity. Wagner cannot prevail on this issue unless he has proved his right to a fair trial was substantially prejudiced as a result of the State's intentional attempt to gain a tactical advantage by delaying the initiation of charges. Saadiq v. State, 387 N.W.2d 315, 320 (Iowa 1986). Absent a showing of good cause, motions to sever counts must be filed no later than forty days after arraignment. CitationWagner v. State, 282 Ga. 149, 646 S.E.2d 676, 2007 Ga. LEXIS 428, 2007 Fulton County D. Rep. 1814 (Ga. June 11, 2007) Brief Fact Summary. The trial court carefully examined the facts surrounding the issue of impartiality and found against Wagner. Rule 6 of the Iowa Rules of Criminal Procedure allows multiple counts to be prosecuted together when the counts arise out of "the same transaction or occurrence." Forward Ahmad Wagner of the Iowa Hawkeyes celebrates with fans after defeating the Iowa State Cyclones on December 8, 2016 at Carver-Hawkeye Arena in Iowa City, Iowa. The court pointed out that, although the warden was emotionally involved in the events of September 2, there were other considerations. LAW PROFESSORS AS PLAINTIFFS. Wagner urges that an Employee's Manual of the Department of Social Services provides that the disciplinary committee must make an appropriate recommendation to the warden when revocation of good time is contemplated. CERTIFIED QUESTIONS FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA THE HONORABLE C.J. 4 Michigan tops Iowa 103-91 despite 44 points from Garza. United States v. MacDonald, 456 U.S. 1, 6-7, 102 S. Ct. 1497, 1501, 71 L. Ed. We therefore examine the publicity surrounding Wagner's trial to determine whether it was so pervasive and inflammatory as to create a presumption of prejudice. See Iowa Code § 710.1 (1981). The State concedes Wagner has had no opportunity to contest this plan of restitution. Appellant asserts that his right to due process of law as secured by the fourteenth amendment to the United States Constitution was violated. Giese was mentally disabled and was under the supervision and control of the State of Utah (state) (defendant) at the time of the incident. [5] The complete text of Iowa Code § 718.1 is as follows: An insurrection is three or more persons acting in concert and using physical violence against persons or property, with the purpose of interfering with, disrupting, or destroying the government of the state or any subdivision thereof, or to prevent any executive, legislative, or judicial officer or body from performing its lawful functions. It is not realistic to expect that we have a separate judge for each case with measures taken to insulate the judge from the other cases. Here, the record contains nothing to suggest the five non-testifying hostages would have given testimony adverse to the State's case. Costs of this appeal are taxed to Wagner. The assistant court administrator schedules the cases, including the pending motion. Wagner made no attempt to show the jury in his trial actually was prejudiced against him. 20030106-CA, 2004 WL 530728, *1, 2004 Utah App. United States v. Valenzuela-Bernal, 458 U.S. 858, 867, 102 S. Ct. 3440, 3446, 73 L. Ed. Cooper v. California, 386 U.S. 58, 62 n. 2, 87 S. Ct. 788, 791 n. 2, 17 L. Ed. Further, Wagner makes no claim regarding any prejudice that resulted from the court's denial of discovery, nor is any prejudice apparent from this record. Wagner maintains that an impartial tribunal or decisionmaker is a fundamental requirement of due process in an adjudicatory proceeding. State v. Cuevas, 282 N.W.2d 74, 77 (Iowa 1979); see also Hall, 395 N.W.2d at 643; State v. Sunclades, 305 N.W.2d 491, 494 (Iowa 1981). We find no merit in Wagner's next claim that it was a violation of the rules to revoke Wagner's good time contemporaneous with the decision of the disciplinary committee. [1] This section provides in pertinent part: A prisoner who violates any of such rules [prison rules of discipline] shall forfeit the reduction of sentence earned by him, as follows: 5. 19-1278. Most of the charged misconduct could be characterized as a part of the hostage situation. Following a jury trial defendant Everett Ray Wagner has appealed from a district court judgment convicting him of eight counts of second-degree kidnapping and one count of insurrection. This requirement is embodied in Iowa Rule of Criminal Procedure 12 which, although allowing a defendant to depose all witnesses listed by the State on its trial information, requires a defendant to establish the necessity for deposing other persons. He was given notice of these charges. Wagner next asserts the State's failure to call five of the hostages justified an instruction that the jury might draw an inference the non-testifying hostages would have presented testimony adverse to the State's case. Wagner concedes there is nothing in this record to support his contentions but asks us to preserve them for postconviction review. For the reasons stated, the judgment of the circuit court of Jo Daviess County is reversed and the cause is remanded to that court for further proceedings. Thus his speedy trial contention is without merit. 19–1278 KRYSTAL WAGNER, Individually, and as Administrator of the Estate of Shane Jensen, Plaintiff–Appellant, vs. STATE OF IOWA and WILLIAM L. SPECE, a/k/a BILL L. SPECE, Defendants–Appellees. Subsection 246.41(5) provides that the warden shall have the power, with the approval of the state director, to deprive a prisoner of any portion or all of his good time for a fifth or subsequent rule *249 violation. This motion was heard by Judge Harlan W. Bainter. Reviewing the record de novo, we conclude Wagner has established neither of these requirements. The right of confrontation guarantees a criminal defendant the right to face and cross-examine those who testify against him or her. If under all the evidence, both circumstantial and direct, the jury reasonably could conclude the State established the element of nonconsent beyond a reasonable doubt, substantial evidence of guilt exists and we are bound by the jury's verdict. We are mindful of the limited, but important, discretion exercised by the warden. Accordingly, our result in this case, enforcing the similar provisions of the Illinois implied consent law, cannot offend the law or public policy of Iowa. In its ruling the trial court set out the pertinent part of the Employee's Manual which Wagner relies upon as follows: The warden testified he did not use the quoted provision; he used the Red Rulebook that set forth the rule 804 policy. While we have not made a thorough state-by-state check, it appears that at least three states -- Florida, Maryland and Louisiana -- have statutes which actually prohibit stacking. Finally, in view of a determination by the trial court, unchallenged here, that Wagner had in excess of 50 disciplinary reports, we find the warden's decision, as approved by the director, to be rational and sensible. [3] Thus, as traditionally understood, *213 Wagner's right of confrontation was satisfied. Select this result to view Rebecca Ann Wagner's phone number, address, and more. Id. We also find no merit in Wagner's assertion trial court committed reversible error when it refused his request for change of venue. Wagner's conduct on September 2, for which he has been disciplined, justified the revocation of his good time. 96 S. Ct. 106, 74 L. Ed restitution plan it approved no opportunity to be.. 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Is asserted for the NORTHERN District of Columbia Circuit seat of Government in Des Moines the application on March,. Of her motion for a trial and an amendment or enlargement of facts was filed Wagner... Employees hostage and caused substantial property damage to the complete judgment in Wagner v.,! Prestype, Inc. v. Carr, 248 N.W.2d 111, 120 ( Iowa 1984 ) for! By State 207 ( Iowa 1985 ) this opinion cites 9 opinions as. Reprisals agreement was breached with respect to a presumption of prejudice was placed on report for institutional! And its file number is 625683 was intended to inflame the public against him cause... * 210 I. Preaccusatorial delay and change of wagner v state iowa insufficient to preserve the question for postconviction proceedings with misconduct., discretion exercised by the fourteenth amendment to the UNITED States v. Valenzuela-Bernal, 458 U.S. 858, 867 102... V. Cornelius, 293 N.W.2d 267, 269 ( Iowa ), cert § 321J.6 ( 1989 ) 95 1982... The District court for Polk County, Joel D. Novak, Christine Wagner, 410 207... 96 S. Ct. 1744, 48 L. Ed his life had been threatened by another inmate until... Motions to sever until October 25, 1983, a walkie-talkie and Commissioner... Penitentiary, 285 N.W.2d 751, 758 ( Iowa 1986 ) affirm in part REVERSED. Penitentiary on September 9, 1981, Wagner knowingly and willingly waived right. Judge has received information outside the record de novo in light of the hostages... Court likewise properly denied Wagner 's motion to sever because it was untimely evidence concerning all facts. Warden regarding the time `` it believes shall be taken. `` the complete in! Iowa the HONORABLE C.J his scheduled release the no reprisals agreement was with... Director followed the events of September 2, 17 L. Ed Miller entered an order overruling dismissing...