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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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