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Judges reverse teen’s conspiracy to commit murder conviction

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The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.

In April 2010, Gingerich and 15-year-old Colt Lundy shot and killed Lundy’s stepfather and then took off for Arizona. Police apprehended them in Illinois. At the time of the murder, Gingerich was a little over 5-feet tall, weighed 80 pounds and was a sixth grader.

At the April 22, 2010, probable cause hearing, the court set a hearing on the state’s motion to waive juvenile jurisdiction for April 29. Gingerich’s attorney sought a continuance to allow time to prepare witnesses, obtain a psychological evaluation of Gingerich, and review exhibits and reports, but the trial court denied the motion for continuance.

At the hearing, Gingerich’s attorney again sought a continuance, which was again denied. A county probation officer testified that there was only one facility that could take a juvenile convicted of homicide. The officer misstated that there is no parole in the juvenile Department of Corrections and other facts pertaining to juvenile law. Gingerich and Lundy were waived into adult court and Gingerich eventually pleaded guilty to a lesser charge of Class A felony conspiracy to commit murder.

The Marion County Public Defender Agency and the Children’s Law Center filed amicus curiae briefs in the case. The MCPDA in its brief argued that a full investigation is a necessary and statutorily required prerequisite to a wavier, and that juveniles in Marion County who face being waved into adult court typically get at least three months to investigate and prepare for the hearing. The CLC also argued that juveniles should have time to prepare for a waiver hearing.

The state claimed, among other things, that Gingerich hasn’t shown that he was prejudiced by the denial of his continuance, and that by pleading guilty, Gingerich “tacitly admit[ted] that he could not have met his statutory burden.”

“We note that Ind. Code § 31-30-3-4 implicates valid liberty interests held by Gingerich. As he notes, Ind. Code § 31-30-1-1 vests ‘exclusive original jurisdiction’ in the juvenile court over a child who is alleged to, before becoming eighteen years of age, commit a delinquent act,” Judge Elaine Brown wrote for the court. “Also, Ind. Code § 31-30-3-4 provides for a ‘full investigation and hearing’ prior to juvenile jurisdiction being waived.

“Thus, at the outset of the filing of the delinquency petition Gingerich enjoyed the panoply of protections associated with being tried in the juvenile system, and he was entitled to a full investigation and hearing prior to the court ordering waiver. Accordingly, Gingerich’s liberty was at stake when the State moved to waive Gingerich into adult court.”

The judges ordered further proceedings on the matter consistent with their opinion, Paul Henry Gingerich v. State of Indiana, 43A05-1101-CR-27.
 

 

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  • Unconstitutional
    Most prosecutors are idiots and seek to convict at any cost without regard to guilt or innocence. Prosecutors lie, manufacture evidence, withhold evidence benefical to defendants even when they know that defendants are innocent, all under protection from lawsuits and prosecution. In effect prosecutors are above the law! WAKE UP AMERICA AND STAND UP AND SPEAK UP FOR JUSTICE

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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