Simmons v. State

Decision Date04 May 1994
Docket NumberPC-341
Citation634 N.E.2d 878
PartiesSimmons v. State 45A03-9310-
CourtIndiana Appellate Court

GARRARD, J.

HOFFMAN, J.

RUCKER, J.

Disposition: Affirmed.

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2 cases
  • Simmons v. State
    • United States
    • Indiana Supreme Court
    • 3 Noviembre 1994
    ...SULLIVAN, Justice. This case comes to us on a petition to transfer the memorandum decision of the Court of Appeals in Simmons v. State (1994), 634 N.E.2d 878 (mem.). Ind.Appellate Rule 11(B). In that decision, the Court of Appeals affirmed the post-conviction trial court's denial of Simmons......
  • Howard v. State
    • United States
    • Indiana Appellate Court
    • 23 Octubre 1996
    ... ... As such, the requisite analysis for fundamental error considers the element of harm and whether the resulting harm was substantial. David, 669 N.E.2d at 392 ...         In support of his argument that the instruction was fundamentally erroneous, Howard relies primarily upon Simmons v. State, 642 N.E.2d 511 (Ind.1994). In Simmons, the trial court gave the jury an instruction for attempted murder which is identical to the instruction in the present case. The jury found Simmons guilty of attempted murder, and the conviction was affirmed on direct appeal. See Simmons v. State, ... ...

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