Jerry Vanzyll v. State of Indiana - 10/31/12

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Wednesday  October 31, 2012 
1:00 PM  EST

1 p.m. 34A02-1111-CR-1050.Seeger Jr.-Sr. High School, Fine Arts, Center,1222 South St., Road 263, West Lebanon, Indiana 47991. As a result of a narcotics investigation by the Kokomo Police Department, Vanzyll was arrested and convicted of several methamphetamine-related offenses and resisting law enforcement. Specifically, Vanzyll resided in a home in which police officers discovered a methamphetamine lab pursuant to a search warrant. When Kokomo police officers initially attempted to gain access to the residence, Vanzyll opened the back door, saw the officers, ran back into the house and shut the door. The officers ordered Vanzyll to return to the back door, and he eventually complied, at which time he was arrested. Vanzyll raises three issues on appeal. First, he challenges the admission of incriminating statements he made to corrections officers while he was in custody at the Howard County Jail. Next, Vanzyll argues that the evidence that he returned to his residence and closed the back door after noticing KPD officers outside and failed to immediately return to the back door of his residence when ordered to do so by the police is insufficient to prove that he committed the criminal offense of resisting law enforcement. And, finally, Vanzyll argues that the evidence is insufficient to support his conviction for dealing methamphetamine because the State presented no evidence that there was an active methamphetamine lab in his residence on the date of the search. 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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