Paul H. Gingerich v. State of Indiana - 10/30/12

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Tuesday  October 30, 2012 
11:00 AM  EST

11 a.m. 43A05-1101-CR-27. Gingerich appeals his conviction following a plea of guilty pursuant to a plea agreement for conspiracy to commit murder as a class A felony. Gingerich asserts that the juvenile and trial courts abused their discretion in failing to order a competency evaluation based upon developmental immaturity; that the juvenile court abused its discretion by authorizing the delinquency petition to be filed, by denying Gingerich’s request for a continuance of the waiver hearing, and by waiving jurisdiction; and that the waiver provisions in the plea agreement are unenforceable. Additionally, the State argues on cross-appeal that Gingerich’s appeal should be dismissed because he waived his right to appeal in his plea agreement and by pleading guilty.
 
 

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