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. Do you know who the sponsor of the last-minute amendment was?

  2. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  3. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  4. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  5. Don't we have bigger issues to concern ourselves with?

ADVERTISEMENT