« Ind. Decisions - Transfer list for week ending Dec. 7, 2012 | Main | Courts - "Justices to Take Up Generic Drug Case" »

Tuesday, December 11, 2012

Ind. Decisions - "Appeals court tosses young inmate Paul Henry Gingerich's murder conviction"

Here is the Indianapolis Star reporter Robert King's initial story [ILB: the link now goes to the final, 12/12/12 story] on this morning's COA reversal in Gingerich v. State (ILB summary here). Some quotes:

The Indiana Court of Appeals, ruling 3-0, found that the lower courts erred by not giving Gingerich’s attorneys more time to argue that his case should stay in the juvenile system. Gingerich, now 14, had been serving a prison term that was likely to keep him in jail until he was 24.

The decision means the case will start all over – going back to the juvenile court for a new hearing. The state could still argue – and potentially win – the right to move the case again back to the Circuit Court. But now, Gingerich’s attorneys will get time to prepare their case for keeping it in juvenile court. Two years ago, a judge in Kosciusko County gave Gingerich’s attorneys only four days. Gingerich’s attorneys argued that, in Marion County, for example, defendants get up to three months to prepare.

Here is Niki Kelly's coverage in the Fort Wayne Journal Gazette.

Posted by Marcia Oddi on December 11, 2012 11:38 AM
Posted to Ind. App.Ct. Decisions