Indiana Code
Ind. Code § 35-35-1-3 (2026)
Voluntary plea; factual basis
✓ current as of May 2026
Sec. 3. (a) The court shall not accept a plea of guilty or guilty but mentally ill at the time of the crime without first determining that the plea is voluntary. The court shall determine whether any promises, force, or threats were used to obtain the plea.
(b) The court shall not enter judgment upon a plea of guilty or guilty but mentally ill at the time of the crime unless it is satisfied from its examination of the defendant or the evidence presented that there is a factual basis for the plea.
(c) A plea of guilty or guilty but mentally ill at the time of the crime shall not be deemed to be involuntary under subsection (a) solely because it is the product of an agreement between the prosecution and the defense.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983, SEC.16; P.L.179-1984, SEC.2.
Notes of Decisions
Cited in 42
cases (3 in the last 5 years), 1983–2026 · leading case: Butler v. State, 658 N.E.2d 72 (Ind. 1995).
Butler v. State, 658 N.E.2d 72 (Ind. 1995). “Indiana Code § 35-35-1-3 outlines the parameters of this obligation when it requires courts to ascertain the voluntariness of the plea and whether there is a factual basis for it.”
Hopper v. State, 957 N.E.2d 613 (Ind. 2011). “Ind.Code § 35-35-1-3 (2008). Finally, with regard to a pro se defendant, the Code requires that he have "freely and knowingly waived his right to counsel.”
Tumulty v. State, 666 N.E.2d 394 (Ind. 1996). “, Ind.Code Ann. § 35-35-1-3(b) (West 1986) (court must determine there is a factual basis for plea); Ind.”
State v. Van Cleave, 674 N.E.2d 1293 (Ind. 1996). “Ind.Code § 35-35-1-3(b) (1993). The government also has its omi interest in affording criminal defendants their constitutional right to a speedy trial.”
Weatherford v. State, 697 N.E.2d 32 (Ind. 1998). “See Ind. Code Ann. § 35-35-1-2 (West 1998); Ind.”
Graham v. State, 941 N.E.2d 1091 (Ind. Ct. App. 2011). “A trial court's finding of an adequate factual basis is presumptively correct.”
State v. Moore, 678 N.E.2d 1258 (Ind. 1997). “1986) remains the law on what a postconviction petitioner must show to set aside a guilty plea on grounds of lack of voluntariness. Indiana Code § 35-35-1-2 requires the court accepting the guilty plea to determine that the defendant: (1) understands the nature of the charges;…”
Baer v. State, 942 N.E.2d 80 (Ind. 2011). “” Indiana Code § 35-35-1-3 says, “The court shall not enter judgment upon a plea of guilty or guilty but mentally ill at the time of the crime unless it is satisfied from its examination of the defendant or the evidence presented that there is a factual basis for the plea.”
Archer v. State, 689 N.E.2d 678 (Ind. 1998). “See Ind.Code § 35-35-1-3 (1993). 2 . On May 7, 1994, the date defendant committed the crimes at issue, the relevant statute provided, in pertinent part: "A person who commits a Class A felony shall be imprisoned for a fixed term of twenty-five (25) years, with not more than…”
Ross v. State, 456 N.E.2d 420 (Ind. 1983). “…itself "from its examination of the defendant or the evidence presented that there is a factual basis for the plea." Ind. Code § 35-35-1-3 (b).”
D.A. v. State, 967 N.E.2d 59 (Ind. Ct. App. 2012). “1996) (citing Ind.Code § 35-35-1-3) 2 A factual basis may be established by relatively minimal evidence about the elements of the crime from which the court could reasonably conclude that the defendant is guilty.”
State v. Hammond, 761 N.E.2d 812 (Ind. 2002). “Ind.Code Ann. § 35-35-1-3(b) (West 1998).”
— Ind. Code § 35-35-1-3(a) — 3 cases
State v. Moore, 678 N.E.2d 1258 (Ind. 1997). “1986) remains the law on what a postconviction petitioner must show to set aside a guilty plea on grounds of lack of voluntariness. Indiana Code § 35-35-1-2 requires the court accepting the guilty plea to determine that the defendant: (1) understands the nature of the charges;…”
Lineberry v. State, 747 N.E.2d 1151 (Ind. Ct. App. 2001).
Weatherford v. State, 697 N.E.2d 32 (Ind. 1998). “See Ind. Code Ann. § 35-35-1-2 (West 1998); Ind.”
— Ind. Code § 35-35-1-3(b) — 14 cases
State v. Van Cleave, 674 N.E.2d 1293 (Ind. 1996). “Ind.Code § 35-35-1-3(b) (1993). The government also has its omi interest in affording criminal defendants their constitutional right to a speedy trial.”
Hopper v. State, 957 N.E.2d 613 (Ind. 2011). “Ind.Code § 35-35-1-3 (2008). Finally, with regard to a pro se defendant, the Code requires that he have "freely and knowingly waived his right to counsel.”
Tumulty v. State, 666 N.E.2d 394 (Ind. 1996). “, Ind.Code Ann. § 35-35-1-3(b) (West 1986) (court must determine there is a factual basis for plea); Ind.”
State v. Hammond, 761 N.E.2d 812 (Ind. 2002). “Ind.Code Ann. § 35-35-1-3(b) (West 1998).”
State v. Cooper, 935 N.E.2d 146 (Ind. 2010).
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