ILNews

Gingerich reversal won’t get high court review

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The Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.

Indiana Attorney General Greg Zoeller appealed the Indiana Court of Appeals’ ruling in December that threw out Gingerich’s murder conspiracy conviction. The judges held that the Kosciusko County trial court abused its discretion in denying Gingerich a continuance of a waiver hearing from juvenile court for which his defenders had five days to prepare. The case was remanded for a new hearing in juvenile court.

Gingerich, now 15, pleaded guilty and was sentenced as an adult for his role as the younger co-defendant in the 2010 shooting death of Phillip Danner. Also convicted was Danner’s stepson, Colt Lundy, who was 15 at the time.

The case drew international attention as Gingerich was believed to be the youngest person in Indiana history to be convicted as an adult for his involvement in a killing.

The justices unanimously rejected a petition to transfer. “The court has voted on the petition. Each participating member has had the opportunity to voice that justice’s views on the case in conference with the other justices,” according to a March 7 docket entry. “The court now denies the appellee’s petition to transfer jurisdiction.”

Read more about the Gingerich case in Indiana Lawyer.

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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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