When Paul Gingerich was sentenced to 25-years in prison at the age of 12 for conspiracy to commit murder, the ruling came after a prolonged trial that transitioned between juvenile and adult court. Now, his attorney is asking for a new trial.

The Kosciusko County boy pled guilty to his involvement in the murder of his friend’s stepfather, Phillip Danner, 49, in 2010.

Last December, the Indiana Court of Appeals ruled that Gingerich was not treated fairly when the he was tried as an adult. The December appellate decision reversed Gingerich’s guilty plea, and sent the case back to juvenile court.

In the case’s most recent development, Gingerich’s attorney filed a brief asking the high court on Monday asking that the court of appeal’s decision stand. If the attorney has his way, the guilty plea entered in adult court would be thrown out along with the boy’s 25-year sentence.

Last month, Indiana’s Attorney General’s office asked the state’s Supreme Court to hear the case, but the attorney is requesting the court turn it down. The state argued that because Gingerich signed a plea agreement in 2010, he waived any right to an appeal.

Gingerich’s attorney says that plea is invalid because the case never belonged in adult court in the first place.