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. Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.

  2. they are pushing these cases against lawyers too far. thought-crime.

  3. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  4. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  5. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

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