Indiana Code
Ind. Code § 35-35-1-1 (2026)
Guilty or guilty but mentally ill at time of crime; aid of counsel
✓ current as of May 2026
Sec. 1. A plea of guilty, or guilty but mentally ill at the time of the crime, shall not be accepted from a defendant unrepresented by counsel who has not freely and knowingly waived his right to counsel.
As added by Acts 1981, P.L.298, SEC.4.
Notes of Decisions
Cited in 13
cases, 1981–2020 · leading case: Hopper v. State, 957 N.E.2d 613 (Ind. 2011).
Hopper v. State, 957 N.E.2d 613 (Ind. 2011). “" Ind.Code § 35-35-1-1 (2008). The colloquy between the trial court and Hopper on May 19, 2005, included the following inquiries: COURT: Those of you here for criminal court, each of you have the following rights: Each of you have a right to a public and speedy trial by a jury…”
Stephen Wirthlin v. State of Indiana, 99 N.E.3d 699 (Ind. Ct. App. 2018). “I.C. § 35-35-1-1. But as the plea was accepted and Wirthlin was sentenced thereafter, we find that it was necessary to grant Wirthlin's motion to withdraw the plea to correct a manifest injustice, namely, that Wirthlin was denied the effective assistance of counsel.”
Jordan v. State, 502 N.E.2d 910 (Ind. 1987). “In its conclusions of law, the court stated, “The Petitioner, at the time of his guilty plea, was advised of his rights in compliance with Ind.Code § 35-35-1-1.” Jordan points out that Ind.”
Redington v. State, 678 N.E.2d 114 (Ind. Ct. App. 1997). “CODE § 35-35-1-1 (1993). [2] Although the post-conviction court made no express finding regarding whether Redington freely and knowingly waived his right to counsel before he pled guilty, the context of the arguments to the post-conviction court reveal that the parties assumed,…”
Beech v. State, 702 N.E.2d 1132 (Ind. Ct. App. 1998). “See Ind.Code §§ 35-35-1-1 to 35-35-1-3 (procedure for receiving and accepting guilty plea); Butler v.”
Brown v. State, 443 N.E.2d 316 (Ind. 1983). “) (recodified in Ind.Code § 35-35-1-1, effective September 1, 1982) provides that the court may allow the withdrawal of a guilty plea after entry of that plea but before imposition of sentence.”
State v. Vickers, 963 N.E.2d 1135 (Ind. Ct. App. 2012). “I.C. § 35-35-1-1; Butler, 951 N.E.2d at 259 .”
Ricketts v. State, 429 N.E.2d 289 (Ind. Ct. App. 1981). “The new provision will be at Ind.Code 35-35-1-1 et seq.”
Ellis v. State, 734 N.E.2d 311 (Ind. Ct. App. 2000). “See also Ind.Code 35-35-1-1 et. seq. (West 1998) (listing procedural safeguards intended to prevent an accused from being coerced into accepting a plea).”
Louis H. Howard, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). “See Ind. Code § 35-35-1-1 . Because Howard did not waive his right to counsel, we need not address whether he should have been permitted to plead guilty to only his three charges but not the Habitual Offender Enhancement.”
State of Indiana v. Christopher Vickers (Ind. Ct. App. 2012). “at 616 ; see I.C. § 35-35-1-1 (trial court may not accept a guilty plea “from a defendant unrepresented by counsel who has not freely and knowingly waived his right to counsel.”
Brandon Daniels v. State of Indiana (Ind. Ct. App. 2014). “” See Ind. Code § 35-35-1-1 . In reviewing the validity of a defendant’s waiver of counsel, the role of the appellate court is “to conduct a thoughtful examination of the record as a whole to determine whether a particular defendant, in a particular stage of a particular case,…”
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