ILNews

AG asks Supreme Court to review Gingerich conviction

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.

Paul Henry Gingerich, who will turn 15 next month, pleaded guilty and was sentenced to 25 years as an adult for his role as the younger co-defendant in the 2010 shooting death of Phillip Danner in Kosciusko County. On Dec. 11, the Court of Appeals threw out the plea and sent the case back to the trial court.

The appeals panel held in Paul Henry Gingerich v. State of Indiana, 43A05-1101-CR-27, that the court abused its discretion in denying Gingerich a continuance of a waiver hearing for which his defenders had five days to prepare.

Zoeller’s statement said the petition to transfer “means that the state’s highest court will ultimately decide whether to uphold Gingerich’s guilty plea and sentence.”

There was no immediate indication whether the Indiana Supreme Court would grant transfer.

“Balancing the interests of justice when an offender is so young is extremely difficult. In working with prosecutors, my office is concerned about not setting a precedent that would allow violent offenders to back out of their plea agreements after pleading guilty,” Zoeller said in a statement.

“Mindful of the deceased victim in this tragic case, we respectfully request the Indiana Supreme Court consider this appeal and make the final determination,” Zoeller said.

In the petition to transfer, Zoeller argues “The Court of Appeals’ decision creates uncertainty about who may bring a direct appeal following a guilty plea, undermines the finality of pleas, and creates a disincentive to enter plea agreements, especially where juveniles are involved.”

Gingerich defense attorney Monica Foster argued to the Court of Appeals his case was replete with error beyond the denial of continuances. She said the trial court was misled on juvenile placement options for Gingerich and never had evidence of Gingerich’s incompetence to stand trial made available before the waiver hearing. She said his parents likely signed a plea in a legal landscape where they saw no due process.

Foster said she was surprised the AG’s office appealed.

“I really believe the Court of Appeals opinion was unquestionably correct and that no reasonable jurist could disagree with it,” Foster said. She said the appellate court cited longstanding precedent to reverse the trial court and accused the AG’s office of “trying to make this case into something it’s not.”

Read more about the Gingerich case in Indiana Lawyer.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT