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Juvenile in court

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Court overturns boy's conviction in Ind. slaying

Updated: Tuesday, 11 Dec 2012, 1:35 PM EST
Published : Tuesday, 11 Dec 2012, 1:35 PM EST

INDIANAPOLIS (AP) — The Indiana Court of Appeals says a boy who was convicted at age 12 of helping to kill a friend's stepfather deserves a new trial.

The court ruled unanimously Tuesday that a lower court judge didn't allow enough time for due process before waiving Paul Henry Gingerich into adult court. The court ordered a new trial in a juvenile court.

Gingerich was one of three northeastern Indiana youths charged in the killing of 49-year-old Phillip Danner in a plot to run away to Arizona in 2010. He fired one of the shots that hit Danner and is serving a 25-year sentence for conspiracy to commit murder.

A 15-year-old co-defendant was sentenced to 30 years in prison and another 12-year-old who stayed outside was sentenced to juvenile detention until age 18.

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