Oh my, I'm becoming so inpatient (unlike me) to get Billy into Court and get his trial going. A Jury has to be sorted first but would that be possible from such a small population? There's a chance the defence will slip in a Motion to move to a different venue but that won't be fair on any family who would want to attend . A whole lot of travelling every day would be costly for them.
OH - Pike Co - 8 in Rhoden Family Murdered - 4 Wagner Family Members Arrested #87
- Thread starter tlcya
- Start date
- Status
Cool Cats
I EXPECT DOUGHNUTS
- Joined
- Dec 21, 2018
- Messages
- 12,233
- Reaction score
- 93,866
Yes, the family said they couldn't bear the stress and expense of 4 trials, possibly long distance. Billy does want his trial held out of Pike County but at least this is only ONE trial that will (possibly) be long distance for the families.
During the Hearing when Jake confessed .... In regards to Jake taking a plea agreement and not going through a trial ........
Canepa talked about how the family wasn't sure they could handle the burden of 4 consecutive trials, possibly held in different parts of the state, year after year. They couldn't bear the stress and expense. There was probably much consideration for the health of Miss Geneva, the "rock" Tony says of their family.
I assume these are the reasons the family went along with Angie's plea agreement, although, as one family member stated: "She gets 30 more years than we get."
Billy Wagner should be tried outside of Pike County, attorneys say
George "Billy" Wagner III was back in a Pike County courtroom on Wednesday for the first time in nearly a year. His lawyers want him tried elsewhere.
January 18, 2023
George “Billy” Wagner III, accused in the 2016 homicides of southern Ohio’s Rhoden family, should be tried outside of Pike County, his attorneys said Wednesday.
Following a brief hearing in the Pike County Common Pleas Court, Wagner III’s lawyers said the Pike County juror pool was soured by copious media attention to the fall 2022 trial of Wagner III’s son, George Wagner IV.
“Because of the wide breadth of the media coverage … we believe this county is saturated,” said Mark C. Collins, one of two Columbus attorneys representing the older Wagner. “There’s probably not even a chance to get a fair jury.”
Wagner III will not seek to settle the state of Ohio’s charges against him, including eight for aggravated murder. “He (Billy) said he definitely wants to go to trial,” Collins said. “He is focused and he is going to be an active participant and he will help in his own defense.”
Last edited:
Niner
Long time Websleuther
- Joined
- Aug 18, 2003
- Messages
- 85,882
- Reaction score
- 288,377
Found this in the court site:
2023CA000919 STATE OF OHIO VS. WAGNER, IV, GEORGE WASHINGTON
Case Type: COURT OF APPEALS
Case Status: Open
File Date 01/26/2023
Action: COURT OF APPEALS
Case Judge: DEERING, RANDY D
Next Event:
Docket Information
Date Docket Text
01/26/2023 COURT OF APPEALS FILING FEE
01/26/2023 COURT OF APPEALS DEPOSIT
01/26/2023 NOTICE OF APPEAL
COPY TO ATTY 4 TO COURT OF APPEALS
01/26/2023 CRIMINAL DOCKET STATEMENT
01/26/2023 DEFENDANT'S STATEMENT; PRAECIPE; AND NOTICE TO COURT REPORTER
01/26/2023 COPIES HAND-DELIVERED AND EMAILED TO PROSECUTOR, 4 TO COURT OF APPEALS
link: https://cpcourt.pikecounty.oh.gov/e...WAGSHhx6bwq7*3xzTh6E-TmRtFUXcePjZ3tgk5dwqUzPw
2023CA000919 STATE OF OHIO VS. WAGNER, IV, GEORGE WASHINGTON
Case Type: COURT OF APPEALS
Case Status: Open
File Date 01/26/2023
Action: COURT OF APPEALS
Case Judge: DEERING, RANDY D
Next Event:
Docket Information
Date Docket Text
01/26/2023 COURT OF APPEALS FILING FEE
01/26/2023 COURT OF APPEALS DEPOSIT
01/26/2023 NOTICE OF APPEAL
COPY TO ATTY 4 TO COURT OF APPEALS
01/26/2023 CRIMINAL DOCKET STATEMENT
01/26/2023 DEFENDANT'S STATEMENT; PRAECIPE; AND NOTICE TO COURT REPORTER
01/26/2023 COPIES HAND-DELIVERED AND EMAILED TO PROSECUTOR, 4 TO COURT OF APPEALS
link: https://cpcourt.pikecounty.oh.gov/e...WAGSHhx6bwq7*3xzTh6E-TmRtFUXcePjZ3tgk5dwqUzPw
Cool Cats
I EXPECT DOUGHNUTS
- Joined
- Dec 21, 2018
- Messages
- 12,233
- Reaction score
- 93,866
Thanks for posting.
It says NOTICE OF APPEAL (NOA) this notice must be filed in 30 days for George to be able to submit his actual appeal - called a Direct Appeal.
At any rate.....Down the road......
Be on the lookout on Twitter (MSM journalists) to see if anyone posts George's actual DIRECT APPEAL
so we can all see on what grounds he is appealing. Should be interesting.
I will have to research if the State will pay indigent inmates for any appeals after their first Direct Appeal.
Often times inmates have a difficult time accepting a life sentence and think they are going to get out eventually. It's a mental-emotional process they have to go through, some never totally accept it.
George is likely getting through his current situation by convincing himself he has a chance to reduce his sentence somehow through an appeal. Maybe he thinks he can get a new trial.
Once he reaches the end of his appeal road (expect an article saying George Wagner lost his appeal) then he will have to come to grips with his life sentence.
Direct Appeal
After conviction, you have the right to appeal your case to the Court of Appeals and be represented by an attorney. There is a strict filing deadline.
Direct Appeal
Every person convicted of a crime in Ohio has the right to appeal that criminal conviction to a higher court – this appeal is often called a direct appeal. The court must provide an indigent defendant with an attorney to represent them on a direct appeal.
The direct appeal is triggered by the filing of a Notice of Appeal (NOA). The NOA must be filed within 30 days of the filing of the judgment entry of sentencing and conviction in the trial court. If the NOA is not filed within that time, a defendant no longer may appeal as of right and must request permission from the Court of Appeals to appeal. This is often called a delayed appeal.
Last edited:
Seattle1
Well-Known Member
- Joined
- Feb 25, 2013
- Messages
- 40,377
- Reaction score
- 421,192
Thanks for posting.
It says NOTICE OF APPEAL (NOA) this notice must be filed in 30 days for George to be able to submit his actual appeal - called a Direct Appeal.
At any rate.....Down the road......
Be on the lookout on Twitter (MSM journalists) to see if anyone posts George's actual DIRECT APPEAL
so we can all see on what grounds he is appealing. Should be interesting.
I will have to research if the State will pay indigent inmates for any appeals after their first Direct Appeal.
Often times inmates have a difficult time accepting a life sentence and think they are going to get out eventually. It's a mental-emotional process they have to go through, some never totally accept it.
George is likely getting through his current situation by convincing himself he has a chance to reduce his sentence somehow through an appeal. Maybe he thinks he can get a new trial.
Once he reaches the end of his appeal road (expect an article saying George Wagner lost his appeal) then he will have to come to grips with his life sentence.
Direct Appeal
After conviction, you have the right to appeal your case to the Court of Appeals and be represented by an attorney. There is a strict filing deadline.opd.ohio.gov
Direct Appeal
Every person convicted of a crime in Ohio has the right to appeal that criminal conviction to a higher court – this appeal is often called a direct appeal. The court must provide an indigent defendant with an attorney to represent them on a direct appeal.
The direct appeal is triggered by the filing of a Notice of Appeal (NOA). The NOA must be filed within 30 days of the filing of the judgment entry of sentencing and conviction in the trial court. If the NOA is not filed within that time, a defendant no longer may appeal as of right and must request permission from the Court of Appeals to appeal. This is often called a delayed appeal.
2023CA000919 STATE OF OHIO VS. WAGNER, IV, GEORGE WASHINGTON
A defendant has 30 days to give timely notice of appeal to the court-- and copy the court reporter.
The court reporter has 40 days to prepare the transcript and submit it to the court.
After the clerk of the court notifies the defense of receipt of the transcript, the defense has 20 days to file the brief with the court.
Generally, the defense needs additional time to review the transcript and requests an extension to file the brief.
And the prosecutor generally needs more time to respond to the brief by the defense.
Then, depending on the court, it could be another few months or more before you get a court date for the oral argument, and then once you have that oral argument, it’s another few months before the court releases a decision.
It’s not a quick process at all!
Cool Cats
I EXPECT DOUGHNUTS
- Joined
- Dec 21, 2018
- Messages
- 12,233
- Reaction score
- 93,866
Thanks.
Then I will not be looking for George's Direct Appeal to be posted any time soon. Could be several months down the road. George will be waiting out his appeal from his new prison, probably maximum security.
Possibly on lock down in protective custody because I believe he has a target on his back because it's unrealistic to think no one in the prison system has any connections to his victims and their families and friends.
Last edited:
Cool Cats
I EXPECT DOUGHNUTS
- Joined
- Dec 21, 2018
- Messages
- 12,233
- Reaction score
- 93,866
3 points that could possibly be included in George's appeal:
Wants a new trial.
Another point is about the jury having been selected for a potential capital case even though prosecutors would eventually dismiss the death penalty specifications.
And the attorneys also say the court hindered their ability to probe the credibility of Wagner’s younger brother, Edward “Jake” Wagner, by denying them access to notes about discussions between Jake and his lawyer, despite him testifying about it.
sciotovalleyguardian.com
Wants a new trial.
Another point is about the jury having been selected for a potential capital case even though prosecutors would eventually dismiss the death penalty specifications.
And the attorneys also say the court hindered their ability to probe the credibility of Wagner’s younger brother, Edward “Jake” Wagner, by denying them access to notes about discussions between Jake and his lawyer, despite him testifying about it.
George Wagner requests new trial ahead of Monday’s sentencing - Scioto Valley Guardian
WAVERLY, Ohio (AP) — A man convicted in the killings of eight people from another southern Ohio family faces the possibility of life in prison without parole when he is sentenced Monday. The main question is whether 31-year-old George Wagner IV will get any chance of parole, and if so, how soon...
sciotovalleyguardian.com
Seattle1
Well-Known Member
- Joined
- Feb 25, 2013
- Messages
- 40,377
- Reaction score
- 421,192
3 points that could possibly be included in George's appeal:
Wants a new trial.
Another point is about the jury having been selected for a potential capital case even though prosecutors would eventually dismiss the death penalty specifications.
And the attorneys also say the court hindered their ability to probe the credibility of Wagner’s younger brother, Edward “Jake” Wagner, by denying them access to notes about discussions between Jake and his lawyer, despite him testifying about it.
George Wagner requests new trial ahead of Monday’s sentencing - Scioto Valley Guardian
WAVERLY, Ohio (AP) — A man convicted in the killings of eight people from another southern Ohio family faces the possibility of life in prison without parole when he is sentenced Monday. The main question is whether 31-year-old George Wagner IV will get any chance of parole, and if so, how soon...
It’s easy to be confused by the appellate process. But it’s important to distinguish the possible avenues of relief.
Generally, when folks talk about “an appeal,” they are referring to the direct appeal. This is the appeal taken “as a matter of right” to the next highest court after a conviction at trial. This is the most typically avenue taken after conviction. Everyone has a right to a direct appeal.
[GW4 timely filed his direct Appeal on 1/26/23].
Basically, the county court of appeals reviews the trial court record for errors of law (not facts). If there are problems, the court of appeals can send or remand the case back to the trial court for a new trial or to otherwise correct the errors of law.
If there is to be any challenge to a conviction, it most certainly starts with the direct appeal. If there is to be any further review after that, it is almost always imperative to pursue a direct appeal.
Any issues that could be raised on direct appeal, must be raised on direct appeal. If not, they can be lost and waived forever. Other courts in the future may (and often do) refuse to look at issues that were not first raised on direct appeal.
Post-Conviction petitions [requests for a new trial] are different than a direct appeal.
Post-Conviction Petitions are filed at the trial court level. They typically focus on issues outside the record. There may be newly discovered evidence, mistakes by the trial attorney, or any other problems (even factual) that do not show up in the trial transcript or anywhere else in the record.
[GW4 timely filed a request for a new trial (post-conviction petition) on 12/19/22].
Like the direct appeal process, certain issues must be raised in post-conviction to preserve them for future review. Courts looking back (federal or state) will generally not consider any issues (even viable ones) if they are not first presented in post-conviction.
Columbus DUI Lawyers, Criminal Defense Attorneys Ohio - Palmer Legal Defense
www.ohiolegaldefense.com
Last edited:
Niner
Long time Websleuther
- Joined
- Aug 18, 2003
- Messages
- 85,882
- Reaction score
- 288,377
GW3:
Docket Information
Date Docket Text
01/25/2023 JOURNAL ENTRY -- THIS CAUSE CAME ON FOR PRE-TRIAL HEARING ON JANUARY 18, 2023; COUNSEL FOR THE DEFENDANT ANNOUNCED TO THE COURT THAT IT WAS THE INTENTION OF THE DEFENSE TO FILE A SUPPLEMENTARY MOTION FOR CHANGE OF VENUE; IN VIEW OF THE FACT THAT THE JUDGE CURRENTLY PRESIDING OVER THIS ACTIONS RETIRING, WITH HIS LAST DAY IN OFFICE BEING FEBRUARY 8, 2023 AND THAT THE JUDGE-ELECT WILL SUCCEED THE CURRENT JUDGE IN OFFICE IS THE COUNTY PROSECUTING ATTORNEY WHO HAS PROSECUTED THIS ACTION, IT WAS AGREED BY THE PARTIES THAT FURTHER HEARINGS IN THIS ACTION, AS WELL AS THE TRIAL IN THIS ACTION, SHOULD BE SCHEDULED BEFORE A VISITING JUDGE TO BE APPOINTED BY THE OHIO SUPREME COURT
Docket Information
Date Docket Text
01/25/2023 JOURNAL ENTRY -- THIS CAUSE CAME ON FOR PRE-TRIAL HEARING ON JANUARY 18, 2023; COUNSEL FOR THE DEFENDANT ANNOUNCED TO THE COURT THAT IT WAS THE INTENTION OF THE DEFENSE TO FILE A SUPPLEMENTARY MOTION FOR CHANGE OF VENUE; IN VIEW OF THE FACT THAT THE JUDGE CURRENTLY PRESIDING OVER THIS ACTIONS RETIRING, WITH HIS LAST DAY IN OFFICE BEING FEBRUARY 8, 2023 AND THAT THE JUDGE-ELECT WILL SUCCEED THE CURRENT JUDGE IN OFFICE IS THE COUNTY PROSECUTING ATTORNEY WHO HAS PROSECUTED THIS ACTION, IT WAS AGREED BY THE PARTIES THAT FURTHER HEARINGS IN THIS ACTION, AS WELL AS THE TRIAL IN THIS ACTION, SHOULD BE SCHEDULED BEFORE A VISITING JUDGE TO BE APPOINTED BY THE OHIO SUPREME COURT
Watched a docudrama about the West Memphis 3 over the weekend and wondered if what happed in that case could happen in this case. One was sentenced to death, one had two Life Without Parole, and one had one Life Without Parole. Eighteen years later they won an appeal for a new trial. At the new trial they took an Alford Plea. They were found guilty, sentenced to ten years, given credit for time served, and released from prison…
Cool Cats
I EXPECT DOUGHNUTS
- Joined
- Dec 21, 2018
- Messages
- 12,233
- Reaction score
- 93,866
Would never happen in George's case. Evidence and witness testimony and procedure are solid in George's case but not solid in Memphis 3 cases. Jake and Angela pled guilty so there can be no appeals, no changing anything.
West Memphis Three | Background & Trial
West Memphis Three, American teenagers who were convicted of a Satanic triple murder and released from prison via new DNA evidence 17 years later.
www.britannica.com
Last edited:
Seattle1
Well-Known Member
- Joined
- Feb 25, 2013
- Messages
- 40,377
- Reaction score
- 421,192
No, I don't see the same happening here. Memphis 3 involved DNA evidence from the crime scene not matching the defendants.
We know that Jake and Angela accepted plea agreements with recommended sentences, not yet imposed, and both defendants waived their rights to appeal.
GW4 was convicted at trial and sentenced to multiple life terms without parole. He's since filed for a new trial and also filed a notice of direct appeal. I don't see GW3 winning an appeal as there were no known violations of law during his trial that I'm aware of.
GW3's trial is pending. He could be acquitted or convicted, and would possibly face death or a life term. He will have the right to appeal his conviction. The evidence against him is solid. Nonetheless, too early to determine any reason he'd win an appeal.
MOO
Seattle1
Well-Known Member
- Joined
- Feb 25, 2013
- Messages
- 40,377
- Reaction score
- 421,192
No, I don't see the same happening here. Memphis 3 involved DNA evidence from the crime scene not matching the defendants.
We know that Jake and Angela accepted plea agreements with recommended sentences, not yet imposed, and both defendants waived their rights to appeal.
GW4 was convicted at trial and sentenced to multiple life terms without parole. He's since filed for a new trial and also filed a notice of direct appeal. I don't see GW3 winning an appeal as there were no known violations of law during his trial that I'm aware of.
GW3's trial is pending. He could be acquitted or convicted, and would possibly face death or a life term. He will have the right to appeal his conviction. The evidence against him is solid. Nonetheless, too early to determine any reason he'd win an appeal.
MOO
Cool Cats
I EXPECT DOUGHNUTS
- Joined
- Dec 21, 2018
- Messages
- 12,233
- Reaction score
- 93,866
As far as Billy facing death, I believe what happened to George will happen to him. Right before Thanksgiving
before closing arguments the State dropped the death penalty against George. Canepa said that Jake and Angela's testimony was enough to convict George.
Jake had to testify against George in order to get the DP dropped for both he and George and he did that to the prosecution's satisfaction.
Angela had to testify to keep her 30 year plea deal. It was Jake's testimony that got the DP dropped for George.
At any rate, I have no reason to believe this same scenario won't happen in Billy's trial. I expect Jake to testify to Canepa's satisfaction and then before closing arguments the State will drop Billy's death penalty specifications.
Angela will testify to keep her plea deal so she can get out to see her grandkids, as she said. Right.
No death penalty for George Wagner IV if convicted of Pike County massacre
Closing arguments will begin Monday, Nov. 28
Judge Randy Deering dropped the death penalty possibility Tuesday morning at the request of Special Prosecutor Angela Canepa.
Jake Wagner and Angela Wagner’s testimonies did prove there is enough evidence to find George Wagner guilty, Canepa told the judge Tuesday.
Removing the death penalty is another order of business that was required before closing arguments.
In other court developments Tuesday, the judge said he expects jury instructions to be finalized.
Now, the jury is off this week ahead of the Thanksgiving Day holiday while the state and defense resolve differences over evidence, jury instructions and more.
Caylee Advocate
Well-Known Member
- Joined
- Mar 15, 2009
- Messages
- 4,811
- Reaction score
- 15,805
Quietly tiptoeing in to say hi to you all. Leaving just as I entered... SHHH, careful not to wake anyone. HUGS. Miss everyone!
Cool Cats
I EXPECT DOUGHNUTS
- Joined
- Dec 21, 2018
- Messages
- 12,233
- Reaction score
- 93,866
HUGS back!
You'll get tired of us when this trial gets in gear! ... Lol
Wonder when the new visiting judge will be chosen?
Caylee Advocate
Well-Known Member
- Joined
- Mar 15, 2009
- Messages
- 4,811
- Reaction score
- 15,805
I won't get to follow much of Billy's trial but I know a few posters will take good notes, and that's as close as I'll get to this one. It's gonna' be miserable for the victims families to have to look at Billy for weeks on end.... YUCK and EWW comes to mind.
I have only heard rumors as to the Judge who will sit on this case, SO as to not post against TOS, my fingers are out of service. Take care. Justice for the families and bless the little ones.
Hope all is well with you.
Looking at GWIV's 2018CR000155 docket entries-
Why the need for special prosecutor when criminal case has been decided?
| 02/07/2023 | MOTION FOR APPOINTMENT OF SPECIAL PROSECUTOR Attorney: JUNK, PROSECUTING ATTORNEY, ROBERT |
| 02/07/2023 | ENTRY APPOINTING ANGELA CANEPA AS SPECIAL PROSECUTOR FILED |
Why the need for special prosecutor when criminal case has been decided?
Billy's 2018CR000157 says the same thing but he hasn't went to trial yet so that makes sense.
| 02/07/2023 | MOTION FOR APPOINTMENT OF SPECIAL PROSECUTOR Attorney: JUNK, PROSECUTING ATTORNEY, ROBERT |
| 02/07/2023 | ENTRY APPOINTING ANGELA CANEPA AS SPECIAL PROSECUTOR FILED |
- Status