Witness recantation
In Re Timothy Simms, Petitioner
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.

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
Docket activity
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
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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.