Legal Opinion

Simmons v. State

Indiana Court of Appeals

Decided October 31, 2011No. 40A05-1101-CR-10PublishedCited by 13 opinions

1Opinion of the Court

OPINION

MATHIAS, Judge.

Joseph A. Simmons (“Simmons”) was convicted in Jennings Circuit Court of Class C felony operating a vehicle while intoxicated (“OWI”) and sentenced to eight years executed. Simmons appeals and presents three issues, which we restate as:

I. Whether Simmons’s conviction for OWI, which was enhanced to a Class C felony because of a prior OWI conviction, constitutes an ex post facto violation because his prior conviction occurred before the enactment of the enhancement statute;

II. Whether the State presented sufficient evidence to support Simmons’s OWI conviction; and

III.…

2Cases cited15 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. Cardwell v. StateIndiana Supreme Court · 2008
  3. California Department of Corrections v. MoralesSupreme Court of the United States · 1995
  4. McDonald v. MassachusettsSupreme Court of the United States · 1901
  5. Wallace v. StateIndiana Supreme Court · 2009

10 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Chappell v. StateIndiana Court of Appeals · 2012
  2. Joshua Gomillia v. State of IndianaIndiana Supreme Court · 2014
  3. Christina M. Kovats v. State of IndianaIndiana Court of Appeals · 2013
  4. Bobby A. Harlan v. State of IndianaIndiana Court of Appeals · 2012
  5. Abernathy v. GuldenIndiana Court of Appeals · 2016

8 more not listed; retrieve them via the Exa API.

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