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Resisting conviction reversed, but meth convictions stand

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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.”

 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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