Indiana Court of Appeals· 9/7/2006
Creekmore v. State
Citations
- 853 N.E.2d 523
- 2006 Ind. App. LEXIS 1803
- 2006 WL 2564792
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a defendant who fails to argue a mitigating circumstance to the trial court may not do so for the first time on appeal
- noting that “if the defendant fails to advance a mitigating circumstance at sentencing, this court will presume that the factor is not significant, and the defendant is precluded from advancing it as a mitigating circumstance for the first time on appeal”
- “One consequence of pleading guilty is restriction of the ability to challenge the conviction on direct appeal.”
- “many people are gainfully employed such that this would not require the trial court to note it as a mitigating factor or afford it the same weight as defendant proposed”
- “many people are gainfully employed such that this would not require the trial court to note it as a mitigating factor or afford it the same weight as defendant proposed”
- “[I]f the defendant fails to advance a mitigating circumstance at sentencing, this court will presume that the factor is not significant, and the defendant is precluded from advancing it as a mitigating circumstance for the first time on appeal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Friedlander, Barnes, Mathias
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.