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Tuesday, October 30, 2012

Ind. Courts - COA Oral argument in Paul Gingerich case today at 11 AM [Updated]

Here are the briefs, view the webcast here at 11 AM, or later via the archive.

Here is a long Indianapolis Star story by Robert King. Some quotes:

Monica Foster, who represents Gingerich, said her client, now 14, was too young to be deemed competent to stand trial in adult court. She also maintains that Gingerich's counsel at the time were given too little time -- four days -- to prepare arguments for the hearing that moved the case out of the juvenile courts. His youth made it impossible for him to take an adequate role in his own defense, Foster argues in court documents, and should nullify his guilty plea.

In court papers Indiana Attorney General Greg Zoeller, representing the prosecutors, argues that the juvenile court in Kosciusko County was in a good position to evaluate Gingerich's competence to stand trial in what it calls a "premeditated and cold-blooded" murder. He argues there's no evidence to show that more time to prepare for the competency hearing would have changed the outcome.

The state also says Gingerich waived his right to appeal as part of a plea agreement that reduced the charge from murder to conspiracy to commit murder. The state notes, too, that Gingerich's parents and attorneys signed off on the plea deal. * * *

Foster, who took Gingerich's case on a voluntary basis, said she wants the appeals court to send the case back to its beginning, with a new hearing on the issue of whether Gingerich in 2010 was competent to stand trial as an adult. She says the case should have been kept in the juvenile court. If that can happen now, she said, Gingerich has a chance to be a productive member of society. If he must serve his sentence, including the final few years in adult prison, she fears he might be lost for good. "I really think what happens in this case," she said, "will dictate what happens for the rest of his life."

[Updated at 10:10 AM] Here is a long story from Charles Wilson of the AP.

Posted by Marcia Oddi on October 30, 2012 09:14 AM
Posted to Indiana Courts