ILNews

Judges affirm criminal reckless conviction

Back to TopCommentsE-mailPrintBookmark and Share

A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.

Michael Zanussi argued the trial court abused its discretion when it denied his motion for a continuance one day before his jury trial was to begin, that the trial court committed fundamental error when it admitted letters he wrote while in jail before trial, and that the state didn’t prove he committed the crime.

Zanussi was arguing in his car with Danielle Effinger when she became upset and unhooked her seatbelt and opened the door just enough that it wasn’t latched anymore. Zanussi then hit the gas and turned the wheel sharply, causing the door to fly open. Effinger flew out of the car and suffered minor injuries.

Five days before his trial was to start, Zanussi obtained replacement counsel. His new attorney said he could be prepared for the March 19 jury trial, but the day before the trial was set to start, the attorney sought a continuance because he had to travel to Chicago that day. The trial court denied the continuance.

Zanussi said he needed the continuance to deal with new evidence, but the attorney was granted time to discuss the new evidence with Zanussi prior to the start of trial, Judge Melissa May pointed out in Michael E. Zanussi v. State of Indiana, 29A05-1304-CR-173. Zanussi’s attorney also previously told the judge that he was prepared for trial, and there was no explanation how the motion to continue would aid in his preparation.

The judges found no fundamental error in the admittance of letters Zanussi wrote to Effinger while in jail that encouraged her not to testify. The state redacted the portions of the letter indicating Zanussi was in jail when he wrote the letters.

“Zanussi does not indicate specifically how the admission of the letters deprived him of a fair trial. The letters, especially Exhibit 7R, are highly probative, as they include statements indicating Zanussi was guilty and asking Effinger not to testify. Effinger’s mention that the letters were sent from jail was fleeting, as it happened once, and the State agreed to redact portions of the letters that indicated Zanussi was in jail. As the letters were not more prejudicial than probative, their admission was not an abuse of discretion and did amount to fundamental error,” May wrote.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT