Simmons v. State

ON PETITION TO TRANSFER

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's petition for post-conviction relief. We now grant transfer to address the decisive issue raised by Simmons: whether the original trial court committed fundamental error when it instructed the jury on the elements of Attempted Murder.

A jury convicted Simmons of Attempted Murder.…