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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