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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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