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AG asks Supreme Court to review Gingerich conviction

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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.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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