ILNews

Resisting conviction reversed, but meth convictions stand

Back to TopCommentsE-mailPrintBookmark and Share

A man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed, but the Court of Appeals was not persuaded to overturn his drug convictions.

A Howard Superior jury convicted Jerry Vanzyll of Class B felony dealing in methamphetamine and Class D felonies of possession of meth and possession of chemical reagents or precursors with intent to manufacture a controlled substance. He also was convicted of Class A misdemeanor resisting law enforcement. He was sentenced to 18 years in prison with 12 years executed.

The Court of Appeals ruled in Jerry Vanzyll v. State of Indiana, 34A02-1111-CR-1050, that crime scene evidence was sufficient to affirm the drug convictions and that a guard’s testimony about a letter that Vanzyll wrote in jail was admissible. But the appellate panel said the evidence of resisting law enforcement was insufficient to sustain that conviction.

“Vanzyll accurately observes that he ‘had no obligation to comply with officer’s [sic] requests that he answer the door … (citing Hardister v. State, 849 N.E.2d 563 (Ind. 2006),” Judge Paul Mathias wrote for the court. “And the state concedes that Vanzyll was not required to open the door to the officers when they knocked, but argues that he committed resisting law enforcement when he ran back inside the house.”

“Vanzyll did not leave his residence, and he had no obligation to do so when (police) knocked on the front door. Vanzyll was never given a command to stop,” Mathias wrote. “Although Vanzyll did not immediately comply with (an officer’s) order, he did exit peaceably after a short period of time had elapsed.

“Under these facts and circumstances we conclude that the state’s evidence was not sufficient to prove that Vanzyll fled,” the opinion says. “We therefore reverse his resisting law enforcement conviction and remand this case to the trial court with instructions to vacate its judgment of conviction and sentence on that count.”

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

ADVERTISEMENT