In Re Timothy Simms

I. 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. II. 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. III. 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. IV. Whether a valid, credible recantation of the complaining witness completely exonerating the Petitioner requires relief from a wrongful conviction.