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Witness recantation

In Re Timothy Simms, Petitioner

Updated Nov 12, 2026

In brief

Where it stands
Dismissed

Petition denied.

What it’s about
Timothy Simms challenges his conviction, alleging that his lawyer failed to seek the exclusion of evidence or present available defense evidence, prosecutors coached a child witness and withheld exculpatory evidence, and the trial judge showed bias and pressured the witness.
Who it affects
The Supreme Court did not decide whether Simms's claims would justify relief from his conviction.

Summary: written with AI from the case record.

Illustration for In Re Timothy Simms, Petitioner
Conceptual illustration · AI-generated

What it's about

He also argues that the witness’s recantation requires relief; the case is pending.

Simms challenged his conviction based on alleged failures by his lawyer, misconduct by prosecutors, bias by the trial judge and a witness's recantation.

Question presented

1. Whether, where Trial counsel failed to file a Motion to Suppress, fails to file a Notice of Alibi, refused to call any witnesses other than defendant ’ s wife and failed to present available evidence undermining the false testimony of the complaining witness, was constitutionally ineffective within the meaning of the Sixth and Fourteenth Amendments. 2. Whether the blatant coaching of the 10-year-old complaining witness combined with the withholding of exculpatory evidence by the prosecutor constitutes prosecutorial misconduct in violation of the Fifth Amendment. 3. Whether a trial judge who openly opined in a public elevator in the midst of trial his belief in the guilt of the defendant, and discussed what he is going to do to the defendant, and later conspired with the prosecutor to intimidate the complaining witness and threaten her for recanting her false testimony, is in violation of the right to a fair trial under the Sixth Amendment. 4. Whether a valid, credible recantation of the complaining witness completely exonerating the Petitioner requires relief from a wrongful conviction.

Documents

1

Docket activity

7
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • AI analysis generated: Decision Record

    Nov 12, 2026 · Generated

  • New analysis added

    Nov 12, 2026 · Court records

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

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  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Jul 31, 2026 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis