Indiana Code
Ind. Code § 34-38-4-3 (2026)
Court determination; review
✓ current as of May 2026
Sec. 3. The determination of these laws shall be made by the court and not by the jury, and is reviewable.
[Pre-1998 Recodification Citation: 34-3-2-3.]
As added by P.L.1-1998, SEC.34.
Notes of Decisions
Cited in 5
cases, 2001–2020 · leading case: Hollingsworth v. State, 907 N.E.2d 1026 (Ind. Ct. App. 2009).
Hollingsworth v. State, 907 N.E.2d 1026 (Ind. Ct. App. 2009). “In Mann, we found that Indiana Code Section 34-38-4-3 required that the trial court take judicial notice of Ohio's operating while intoxicated statute and rule as a matter of law that it was substantially similar to Indiana's operating while intoxicated statute.”
Hornbostel v. State, 757 N.E.2d 170 (Ind. Ct. App. 2001). “Code § 34-38-4-1 & § 34-38-4-3 are unconstitutional as applied to criminal proceedings and habitual offender determinations We disagree.”
Lisiate Tavake v. State of Indiana (Ind. Ct. App. 2019). “” Ind. Code § 34-38-4-3 . In Mann, we found that Indiana Code Section 34-38-4-3 required that the trial court take judicial notice of Ohio’s operating while intoxicated statute and rule as a matter of law that it was substantially similar to Indiana’s operating while intoxicated…”
Christopher Carter v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). “, Ind. Code § 34-38-4-3 Court of Appeals of Indiana | Memorandum Decision 18A-CR-765 | October 4, 2018 Page 3 of 5 (providing that the determination of foreign law is a question for the court); see also, e.”
Robert L. McCoy v. State of Indiana (Ind. Ct. App. 2020). “I.C. § 34-38-4-3. This court reviews the trial court’s legal determination de novo.”
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