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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 CourtListener

Sourced 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.