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Oral Argument Hearing on the Appeal of Paul Henry Gingerich
Tuesday—October 30, 2012—11:00 am
Indiana Supreme Court (Court Room) Indiana Statehouse—3rd Floor 200 West Washington Street Indianapolis, IN 46204Hearing is open to the public.
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See “Gingerich Trial Stirs Juvenile Advocates” in The Indiana Lawyer
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Groove of the Day
Listen to Alison Krauss performing “Down to the River to Pray”
Hi there Dan, got a card from Nicole in the mail last Friday. A bit far for us to travel in the short time (believe me, if it were within our resources, we would be there). Rang her to let her (and Paul-Henry) know that we, over here on the other side of the earth will be thinking of him next week. Cheers. £ance (and The Gang).
Got to be tne best statement from a kid i have ever heard. Best wishes
Dan,
I want to point out that there are at least two very important points being addressed at this hearing.
- How can a 12yo waive his constitutional rights to have an attorney or legal guardian present during questioning, when he cannot enter into a legal contract such as for a cell phone, credit card, or joining the military?
- When the local law/policy whatever, provides for an extended period (60 days) to determine whether the individual was mature enough to understand the ramifications of their actions, including psychological evaluation, why did the judge and prosecutor make the decision for trial in adult court in only four days?
Just thought we should highlight these two general legal questions, as they are pertinent to this case and most of the others we follow.
Jeez, can’t believe Lance isn’t flying in for this! ROFLMAO
Matt
Dan,
I shared this info on our ScoopIt page which automatically lists the info on our website homepage, blog, Facebook, Twitter, etc. Hope it helps.
Good Luck, Paul Henry!
Good luck Paul!
PS: Pa. boy who killed dad’s pregnant fiancee to court
http://www.sfgate.com/news/article/Pa-boy-who-killed-dad-s-pregnant-fiancee-to-court-3974055.php#ixzz2A8jnyQur
I honestely don’t have any hopes that the right thing will be done. Jordan is innocent and they will never recognise they incarcerated an innocent child and let the murderer walk free. I hope the appeal is a success and Jordan can go home soon.
Thanks for the link Gloria. I really wish the media would use the correct wording instead of prosecuting Jordan for the courts. They really need to be using alleged or accused vs boy who ……..I truly think the media is responsible for half the convictions that happen here in america. Tn is a good example of that, the commercial appeal tells you up front that they endorse Judges like Bobby Carter. So in any event that the media is reading this blog. I hope that they understand my ditzing them when they have accused an innocent boy of a crime and the real perp remains walking free on the streets. Thanks again Gloria.
Questions about Paul’s appeal:
I understand written arguments have previously been submitted. What is likely to be accomplished orally? The court has allocated 40 minutes for oral arguments. What can be done in such a short time? Are witnesses called? What is the purpose of spectators at the hearing?
This is how the appeals processes in US courts works. The two sides submit written arguments, the judges read the arguments, then the lawyers for the two sides present oral arguments before the judes. Usually the judges ask very sharp questions of the lawyers. According to some lawyers who’ve argued cases before the US Supreme Court, the justices’ interrogatories can be quite brutal and intimidating. That is what we want: sharp questions with clear answers. No bullshit, no legalistic crap, just the bottom line. No witnesses are called, as there is no “testimony” being introduced at an appeal.. The purpose of spectators is constitutionally mandated: In the United States we don’t allow secret trials. That is one of our objections to the International Criminal Court, which allows for secret testimony from secret witnesses. That is an abomination and an affront to our American legal tradition.
I hope this goes well. Indiana House Bill 1365 was proposed by 4 legislators this year to allow two-way sentencing, for juveniles convicted of serious offenses to be releasable if rehabilitation in a juvenile facility was successful, and to be reviewed before 19th birthday for transfer to adult prison at 21 if not. The bill did not pass, but its sponsors plan to try again. That’s how Paul Henry should have been treated. It also would have an effect on the defense strategy: if the best deal available is to plead to conspiracy with a lower sentence or risk all on a murder charge, the plea looks like the least worst option. But if rehabilitation was the aim, a plea may not have seemed advisable.
I wish Paul the best of luck! how a 12 year old can be considered an adult is beyond me……
My earlier question was meant to imply “how can spectators best support Paul Henry?”
Gingerich trial stirs juvenile advocates
http://www.theindianalawyer.com/gingerich-trial-stirs-juvenile-advocates/PARAMS/article/29942
Thanks, Gloria.
I find it interesting that the state of Indiana insists on pointing out that his parents also signed the plea agreement. If they think Paul Henry was old enough to be treated as an adult, why would his parents have to sign for him? And besides that, what right would any adult have to sign away a child’s Constitutional rights anyway? (Of course they were doing what seemed best at the time in the face of their son being railroaded.)
It seems to me that the decisions that come out of this hearing are going to set some very important precedents for juveniles. I pray they will go the right way for protecting kids in the future, and I thank God we have someone like Monica Foster fighting for this cause.
Thanks to all the advocates and commentators here in support for Paul Henry Gingerich. I am certain this child and his family are very appreciative of all the support directed and given to Paul Henry. Good Luck Paul! We are “all” on your side kiddo.