Sec. 6. (a) An indictment or information is defective
when:
(1) it does not substantially conform to the requirements of
section 2(a) of this chapter;
(2) the allegations demonstrate that the court does not have
jurisdiction of the offense charged; or
(3) the statute defining the offense charged is unconstitutional or
otherwise invalid.
(b) An information is defective if:
(1) the defendant was a grand jury target identified under IC 35-34-2-12(a)(1);
(2) the offense alleged was identified on the record under IC 35-34-2-12(a)(2) as an offense that the defendant allegedly
committed; and
(3) the grand jury proceeded to deliberate on whether to issue an
indictment, and voted not to indict the defendant for the offense
identified on the record under IC 35-34-2-12(a)(2).
However, if the prosecuting attorney shows that there is newly
discovered material evidence that was not presented to the grand jury
before the grand jury's failure to indict, then the information is not
defective.
(c) Except as provided in section 5 of this chapter, an indictment or
information or a count thereof shall be dismissed upon motion when it
is defective.
As added by Acts 1981, P.L.298, SEC.3. Amended by
P.L.312-1985, SEC.1; P.L.3-1990, SEC.121.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1986–2024 · leading case:
Truax v. State, 856 N.E.2d 116 (Ind. Ct. App. 2006).
Truax v. State, 856 N.E.2d 116 (Ind. Ct. App. 2006).
· cites it 4× “Specifically, Truax asserts that the informations violated Indiana Code section 35-34-1-6 because they did not list *123 the specific elements necessary to constitute the crime of attempted murder, and, therefore, violated Indiana Code section 35-834-1-2(a).”
Allen v. State, 798 N.E.2d 490 (Ind. Ct. App. 2003).
· cites it 4× “Ind.Code Ann. § 35-34-1-6 (West 1998); I.”
Zitlaw v. State, 880 N.E.2d 724 (Ind. Ct. App. 2008).
· cites it 4× “Code § 35-34-1-4 provides for the dismissal of an information upon any of the following grounds: "(1) The indictment or information, or any count thereof, is defective under [Ind.Code § 35-34-1-6]; . . . (4) The indictment or information does not state the offense with…”
Bei Bei Shuai v. State, 966 N.E.2d 619 (Ind. Ct. App. 2012).
· cites it 4× “" Ind.Code § 35-34-1-6 indicates an "indictment or information is defective when: .”
Owens v. State, 659 N.E.2d 466 (Ind. 1995).
· cites it 4× “Indiana Code § 35-34-1-6(a) (1998) provides in part: "An indictment or information is *472 defective when: .”
Wiggins v. State, 727 N.E.2d 1 (Ind. Ct. App. 2000).
· cites it 4× “Ind.Code Ann. § 35-34-1-6 (West 1998); IC § 35-34-1-4 (West 1998); Rhinehardt v.”
Boyd v. State, 889 N.E.2d 321 (Ind. Ct. App. 2008).
· cites it 2× “1985) (noting Ind. Code § 35-34-1-6 and -4 2 and holding that “[gjenerally, the failure to file a proper motion to dismiss raising the Constitutional challenge waives the issue on appeal”); Rhi nehardt v.”
Brown v. State, 848 N.E.2d 699 (Ind. Ct. App. 2006).
· cites it 4× “Code § 35-34-1-4 ; I.C. § 35-34-1-6; Payne v. State, 484 N.E.”
Alice Lee v. State of Indiana, 973 N.E.2d 1207 (Ind. Ct. App. 2012).
· cites it 2× “2008) (citing Ind.Code §§ 35-34-1-6 and - 4). Thus, Lee’s claim is waived.”
Mounts v. State, 496 N.E.2d 37 (Ind. 1986).
· cites it 5× “'" Thereafter, the Indiana Legislature amended Ind. Code § 35-34-1-6 , effective September 1, 1985, to provide: "(b) An information is defective if: (1) the defendant was a grand jury target identified under I.”
Adams v. State, 804 N.E.2d 1169 (Ind. Ct. App. 2004).
“§ 35-34-1-6; Payne v. State, 484 N.E.2d 16, 18 (Ind.”
Commonwealth v. McCravy, 723 N.E.2d 517 (Mass. 2000).
“§ 16-5-204 (4)(e) (1998); Idaho Code § 19-1403 (1997); Ind. Code Ann. § 35-34-1-6 (Burns 1998); Iowa Code Ann.”
Ind. Code § 35-34-1-6(a): 2 cases
Owens v. State, 659 N.E.2d 466 (Ind. 1995).
“Indiana Code § 35-34-1-6(a) (1998) provides in part: "An indictment or information is *472 defective when: .”
Ind. Code § 35-34-1-6(a)(3): 2 cases
Ind. Code § 35-34-1-6(b): 1 case
Ind. Code § 35-34-1-6(c): 1 case
Owens v. State, 659 N.E.2d 466 (Ind. 1995).
“Indiana Code § 35-34-1-6(a) (1998) provides in part: "An indictment or information is *472 defective when: .”
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