Sec. 12. (a) Before the grand jury proceeds to
deliberate on whether to issue an indictment, the prosecuting attorney
shall, on the record:
(1) identify each target of the grand jury proceeding; and
(2) identify each offense that each target is alleged to have
committed.
(b) Before an indictment is valid, at least five (5) grand jurors must
concur in the finding of the indictment, and it must be:
(1) signed by the prosecuting attorney or his deputy;
(2) endorsed with the phrase "a true bill"; and
(3) signed by the foreman of the grand jury or five (5) members
of the grand jury.
(c) An indictment is not valid unless the offense that the indictment
charges the defendant committed is an offense that is contained on the
record under subsection (a).
(d) An indictment is not valid if it indicts the target of a previous
grand jury who:
(1) was identified under subsection (a)(1);
(2) was the target of a previous grand jury that proceeded to
deliberate on whether to issue an indictment, and voted not to
indict the defendant for the offense identified to the previous
grand jury under subsection (a)(2); and
(3) was alleged to have committed an offense identified to a
previous grand jury under subsection (a)(2).
However, if the prosecuting attorney shows that there is newly
discovered material evidence that was not presented to the previous
grand jury before the grand jury's failure to indict, then the indictment
is not defective.
As added by Acts 1981, P.L.298, SEC.3. Amended by
P.L.312-1985, SEC.2.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 1995–2024 · leading case:
Owens v. State, 659 N.E.2d 466 (Ind. 1995).
Owens v. State, 659 N.E.2d 466 (Ind. 1995).
· cites it 3× “Indiana Code § 35-34-2-12(a) (1998) provides: "Before the grand jury proceeds to deliberate on whether to issue an indictment, the prosecuting attorney shall, on the record: (1) identify each target of the grand jury proceeding; and (2) identify each offense that each target is…”
Kelli Anderson v. State of Indiana, 243 N.E.3d 389 (Ind. Ct. App. 2024).
· cites it 2× “Therefore, Indiana Code section 35-34-2-12(a) provided that Anderson did not need to be named a target of the grand jury proceeding, which would trigger her right to testify under section 35-34-2-9(b), until the grand jury was ready to proceed to deliberation.”
Menashi Cohen v. State of Indiana, 249 N.E.3d 1087 (Ind. Ct. App. 2024).
· cites it 2× “We emphasize that the State has the burden to prove that the indictment rested upon evidence independent of Cohen’s immunized 5 Ind. Code § 35-34-2-12 (a) provides that, “[b]efore the grand jury proceeds to deliberate on whether to issue an indictment, the prosecuting attorney…”
Ind. Code § 35-34-2-12(a): 2 cases
Owens v. State, 659 N.E.2d 466 (Ind. 1995).
“Indiana Code § 35-34-2-12(a) (1998) provides: "Before the grand jury proceeds to deliberate on whether to issue an indictment, the prosecuting attorney shall, on the record: (1) identify each target of the grand jury proceeding; and (2) identify each offense that each target is…”
Kelli Anderson v. State of Indiana, 243 N.E.3d 389 (Ind. Ct. App. 2024).
“Therefore, Indiana Code section 35-34-2-12(a) provided that Anderson did not need to be named a target of the grand jury proceeding, which would trigger her right to testify under section 35-34-2-9(b), until the grand jury was ready to proceed to deliberation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.