Simms v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the defendant was precluded from raising a mitigating circumstance on appeal when he had failed to advance it as a mitigating circumstance at sentencing
• holding that, when defendant fails to advance a mitigating circumstance at sentencing, he is precluded from advancing it as a mitigating circumstance for the first time on appeal
• explaining that “[i]f the defendant fails to advance a mitigating circumstance at sentencing, this court will presume that the circumstance is not significant and the defendant is precluded from advancing it as a mitigating circumstance for the first time on appeal.”
• explaining that “[i]f the defendant fails to advance a mitigating circumstance at sentencing, this court will presume that the circumstance is not significant and the defendant is precluded from advancing it as a mitigating circumstance for the first time on appeal.”
• explaining that “[i]f the defendant fails to advance a mitigating circumstance at sentencing, this court will presume that the circumstance is not significant and the defendant is precluded from advancing it as a mitigating circumstance for the first time on appeal.”
• finding Simms’ vague Fifth Amendment double jeopardy claim waived for failure to make a cogent argument

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• Wells v. State
  Indiana Court of Appeals· 2005-10-31· cited 81×
• Bryant v. State
  Indiana Court of Appeals· 2004-01-29· cited 76×
• Sargent v. State
  Indiana Court of Appeals· 2007-11-07· cited 39×
• Webb v. State
  Indiana Court of Appeals· 2011-01-31· cited 37×
• Julian v. State
  Indiana Court of Appeals· 2004-06-29· cited 23×
• Harris v. State
  Indiana Court of Appeals· 2005-03-28· cited 19×
• Bennett v. State
  Indiana Court of Appeals· 2004-08-06· cited 15×
• Walsman v. State
  Indiana Court of Appeals· 2006-10-23· cited 11×
• Gregory Schweisthal v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2015-02-19
• Nicholas Carter v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2018-10-23
• Kyjuan A. Phillips v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2020-04-08
• AIDAN C. BURKINS v. State of Indiana
  Indiana Court of Appeals· 2023-08-15
• Madelyn Nicole Howard v. State of Indiana
  Indiana Court of Appeals· 2025-07-30

Cites

12 cases in this archive are cited by this case.

• Richardson v. State
  Indiana Supreme Court· 1999-10-01· cited 824×
• Brown v. State
  Indiana Court of Appeals· 2002-01-07· cited 120×
• Kien v. State
  Indiana Court of Appeals· 2003-01-28· cited 105×
• Spears v. State
  Indiana Supreme Court· 2000-10-06· cited 102×
• Cox v. State
  Indiana Court of Appeals· 2002-09-17· cited 82×
• Powell v. State
  Indiana Court of Appeals· 2001-06-22· cited 59×
• Alspach v. State
  Indiana Court of Appeals· 2001-09-11· cited 57×
• Hildebrandt v. State
  Indiana Court of Appeals· 2002-06-07· cited 44×
• Rodriguez v. State
  Indiana Court of Appeals· 2003-04-07· cited 38×
• Veal v. State
  Indiana Supreme Court· 2003-03-07· cited 23×
• Perry v. State
  Indiana Court of Appeals· 2001-06-22· cited 17×
• Prowell v. State
  Indiana Court of Appeals· 2003-05-09· cited 6×