Appeal Hearing for Gingerich Scheduled for Oct. 30
Posted
Staff Report-
The Indiana Court of Appeals will hear oral arguments for an appeal of the conviction of Paul H. Gingerich Oct. 30.
Gingerich, 14, Cromwell, was sentenced Jan. 4, 2011, after Kosciusko County Circut Court Judge Rex Reed accepted the teenager’s plea agreement for his involvement in the shooting death of Philip Danner in Cromwell the previous year. Gingerich, who was tried as an adult on the order of county Superior I Judge Duane Huffer, received 30 years prison time with credit for time served.
Gingerich’s attorney, Monica Foster, filed a notice of appeal of his conviction Jan. 26 of last year and a full appeal Dec. 5.
In it she argues that there was not a full investigation and that he was waived to adult court in violation of his due process rights.
“Gingerich asserts that the juvenile and trial courts abused their discretion in failing to order a competency evaluation based upon developmental immaturity,” according to state court documents on the Oct. 30 hearing.
Additionally asserted are 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.
State prosecution argues that Gingerich’s appeal should be dismissed because he waived his right to appeal in his plea agreement and by pleading guilty.
On Feb. 17, the appeals court denied the state’s motion to dismiss Gingerich’s appeal.
Oral arguments are scheduled to begin at 11 a.m. before a panel of three judges.
