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Wednesday, February 06, 2013

Ind. Decisions - Gingerich's attorney asks Supreme Court to let COA decision stand

Updating this ILB entry from Jan. 11, quoting an IndyStar story that Attorney General "Zoeller said Thursday that his office would appeal an Indiana Court of Appeals ruling last month regarding Paul Henry Gingerich, who was 12 when he pleaded guilty to conspiracy to commit murder in the death of his friend’s stepfather," Charles Wilson of the AP reported late yesterday that begins:

A northern Indiana boy convicted in adult court at age 12 in the killing of a friend's stepfather should not be denied a new trial just because he signed a plea agreement, his lawyer says in documents filed with the state Supreme Court.

Attorney Monica Foster said Paul Henry Gingerich's case didn't belong in adult court in the first place. Foster filed a brief Monday asking the high court to let stand an Indiana Court of Appeals decision in December that ordered a Kosciusko County judge to hold a fresh juvenile court hearing to determine whether the boy should be tried as an adult.

That appeals ruling threw out Gingerich's guilty plea and 25-year prison sentence, saying the local court rushed to judgment.

Last month, the attorney general's office asked the state Supreme Court to hear the case, arguing that Gingerich signed a plea agreement and waived his right to appeal.

Posted by Marcia Oddi on February 6, 2013 12:21 PM
Posted to Ind. App.Ct. Decisions