Sec. 10. (a) When a defendant has been charged with
two (2) or more offenses in two (2) or more indictments or informations
and the offenses could be joined in the same indictment or information
under section 9(a)(1) of this chapter, the court, upon motion of the
defendant, may order that the indictments or informations be joined for
trial. Such motion shall be made before commencement of trial on
either of the offenses charged.
(b) When a defendant has been charged with two (2) or more
offenses in two (2) or more indictments or informations and the
offenses could have been joined in the same indictment or information
under section (9)(a)(2) of this chapter, the court, upon motion of the
defendant or the prosecuting attorney, or on its own motion, shall join
for trial all of such indictments or informations unless the court, in the
interests of justice, orders that one (1) or more of such offenses shall be
tried separately. Such motion shall be made before commencement of
trial on either of the offenses charged.
(c) A defendant who has been tried for one (1) offense may
thereafter move to dismiss an indictment or information for an offense
which could have been joined for trial with the prior offenses under
section 9 of this chapter. The motion to dismiss shall be made prior to
the second trial, and shall be granted if the prosecution is barred by
reason of the former prosecution.
(d) A defendant who has been sentenced on a plea of guilty to one
(1) offense may move to dismiss an indictment or information for a
related offense. The motion shall be granted if the plea of guilty was
entered on the basis of a plea agreement in which the prosecutor agreed
to seek or not to oppose dismissal of other related offenses or not to
prosecute other potential related offenses.
(e) Subject to the provisions of section 11(a) of this chapter, two (2)
or more offenses which are within the jurisdiction of the same court
and which could have been joined in one (1) prosecution constitute
related offenses.
As added by Acts 1981, P.L.298, SEC.3.
Notes of Decisions
Cited in
25
cases (
3 in the last 5 years), 1983–2025 · leading case:
Richardson v. State, 800 N.E.2d 639 (Ind. Ct. App. 2003).
Richardson v. State, 800 N.E.2d 639 (Ind. Ct. App. 2003).
· cites it 4× “Ind.Code § 35-34-1-10(c) (1998). Ind. Code § 35-34-1-9 (1998) in relevant part, provides: "(a) Two (2) or more offenses may be joined in the same indictment or information, with each offense stated in a separate count when the offenses .”
Allen v. State, 956 N.E.2d 195 (Ind. Ct. App. 2011).
· cites it 8× “Further, Indiana Code Section 35-34-1-10 (2009) provides in relevant part: A defendant who has been tried for one (1) offense may thereafter move to dismiss an indictment or information for an offense which could have been joined for trial with the prior offenses under section 9…”
Williams v. State, 762 N.E.2d 1216 (Ind. 2002).
· cites it 2× “Seay argued the subse *1220 quent prosecution was barred by Ind.Code § 35-34-1-10(c) and § 35-41-4-4.”
Dorsey v. State, 490 N.E.2d 260 (Ind. 1986).
· cites it 2× “Ind.Code § 35-34-1-10(b). To ensure a defendant's due process rights any such motion should be made before the commencement of trial.”
Hamer v. State, 771 N.E.2d 109 (Ind. Ct. App. 2002).
· cites it 9× “§ 35-34-1-10 provides: (c) A defendant who has been tried for one (1) offense may thereafter move to dismiss an indictment or information for an offense which could have been joined for trial with the prior offenses under section 9 of this chapter.”
Hodges v. State, 524 N.E.2d 774 (Ind. 1988).
· cites it 2× “Hodges also argues the joinder statute, Ind. Code § 35-34-1-10 , contemplates only the joining of previously filed charges, not those filed at the same time as the joinder motion.”
Richardson v. State, 456 N.E.2d 1063 (Ind. Ct. App. 1983).
· cites it 2× “1-1-10(d) (now codified at Ind.Code 35-34-1-10(d) (1982)): A defendant who has entered a plea of guilty to one [1] offense may thereafter move to dismiss an indictment or information for a related offense and such motion shall be granted if the plea of guilty was entered on the…”
State v. Dixon, 924 N.E.2d 1270 (Ind. Ct. App. 2010).
· cites it 2× “Ind.Code § 35-34-1-10(c) (2008). In Williams, the Supreme Court endorsed this court's past characterization of section 35-84-1-10 in the following way: "'[Olur legislature has provided that, where two or more charges are based on *1272 the same conduct or on a series of acts…”
State v. McDonald, 954 N.E.2d 1031 (Ind. Ct. App. 2011).
· cites it 2× “Further, Indiana Code Section 35-34-1-10 provides in relevant part: A defendant who has been tried for one (1) offense may thereafter move to dismiss an indictment or information for an offense which could have been joined for trial with the prior offenses under section 9 of…”
Moore v. State, 697 N.E.2d 1268 (Ind. Ct. App. 1998).
· cites it 3× “CODE § 35-34-1-10 (1993 Ed.) governs the joinder of related offenses for trial.”
Martin v. State, 488 N.E.2d 1160 (Ind. Ct. App. 1986).
“CODE § 35-34-1-10(b) allows a trial court, on its own motion, to join two or more indictments or informations for trial if the "offenses could have been joined in the same indictment or information under section 9(a)(2) of this chapter.”
Ind. Code § 35-34-1-10(a): 1 case
Ind. Code § 35-34-1-10(b): 6 cases
Dorsey v. State, 490 N.E.2d 260 (Ind. 1986).
“Ind.Code § 35-34-1-10(b). To ensure a defendant's due process rights any such motion should be made before the commencement of trial.”
Martin v. State, 488 N.E.2d 1160 (Ind. Ct. App. 1986).
“CODE § 35-34-1-10(b) allows a trial court, on its own motion, to join two or more indictments or informations for trial if the "offenses could have been joined in the same indictment or information under section 9(a)(2) of this chapter.”
Ind. Code § 35-34-1-10(c): 11 cases
Richardson v. State, 800 N.E.2d 639 (Ind. Ct. App. 2003).
“Ind.Code § 35-34-1-10(c) (1998). Ind. Code § 35-34-1-9 (1998) in relevant part, provides: "(a) Two (2) or more offenses may be joined in the same indictment or information, with each offense stated in a separate count when the offenses .”
Allen v. State, 956 N.E.2d 195 (Ind. Ct. App. 2011).
“Further, Indiana Code Section 35-34-1-10 (2009) provides in relevant part: A defendant who has been tried for one (1) offense may thereafter move to dismiss an indictment or information for an offense which could have been joined for trial with the prior offenses under section 9…”
Williams v. State, 762 N.E.2d 1216 (Ind. 2002).
“Seay argued the subse *1220 quent prosecution was barred by Ind.Code § 35-34-1-10(c) and § 35-41-4-4.”
Hamer v. State, 771 N.E.2d 109 (Ind. Ct. App. 2002).
“§ 35-34-1-10 provides: (c) A defendant who has been tried for one (1) offense may thereafter move to dismiss an indictment or information for an offense which could have been joined for trial with the prior offenses under section 9 of this chapter.”
State v. Dixon, 924 N.E.2d 1270 (Ind. Ct. App. 2010).
“Ind.Code § 35-34-1-10(c) (2008). In Williams, the Supreme Court endorsed this court's past characterization of section 35-84-1-10 in the following way: "'[Olur legislature has provided that, where two or more charges are based on *1272 the same conduct or on a series of acts…”
Ind. Code § 35-34-1-10(d): 2 cases
Richardson v. State, 456 N.E.2d 1063 (Ind. Ct. App. 1983).
“1-1-10(d) (now codified at Ind.Code 35-34-1-10(d) (1982)): A defendant who has entered a plea of guilty to one [1] offense may thereafter move to dismiss an indictment or information for a related offense and such motion shall be granted if the plea of guilty was entered on the…”
Ind. Code § 35-34-1-10(e): 1 case
Richardson v. State, 456 N.E.2d 1063 (Ind. Ct. App. 1983).
“1-1-10(d) (now codified at Ind.Code 35-34-1-10(d) (1982)): A defendant who has entered a plea of guilty to one [1] offense may thereafter move to dismiss an indictment or information for a related offense and such motion shall be granted if the plea of guilty was entered on the…”
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