Sec. 1. (a) Pleadings in criminal proceedings are:
(1) an indictment;
(2) an information; and
(3) pleas of:
(A) not guilty;
(B) guilty; and
(C) guilty but mentally ill at the time of the crime.
Defenses and objections raised before trial which, before July 26, 1973,
could have been raised by a plea in abatement, a plea in bar, a
demurrer, a motion to quash, or any other plea not specifically allowed
under this subsection may be raised only by motion to dismiss or to
grant appropriate relief as provided in this title.
(b) Except as provided in this title, an application to the court for an
order must be by motion. A motion other than one made during a trial
or hearing must be in writing unless the court permits it to be made
orally. It must state the grounds upon which it is made and set forth the
relief or order sought. It may be supported by affidavit.
(c) Except as provided in this title, whenever the defendant files a
motion, the state may file an answer to that motion. If no answer is filed
by the state, all issues of fact and law raised by the motion stand at
issue and the court shall proceed.
As added by Acts 1981, P.L.298, SEC.4. Amended by Acts
1982, P.L.204, SEC.26.
Notes of Decisions
Cited in
5
cases, 1986–2018 · leading case:
Badger v. State, 637 N.E.2d 800 (Ind. 1994).
Badger v. State, 637 N.E.2d 800 (Ind. 1994).
· cites it 8× “Code § 35-35-1-4 (1993) (governing the withdrawal of both pleas of guilty and not-guilty); Ind. Code §§ 35-35-2-1 & 2 (1993) (governing pleadings in criminal proceedings).”
Miller v. State, 720 N.E.2d 696 (Ind. 1999).
· cites it 2× “Ind.Code § 35-35-2-1(a)(3) (1993). Accordingly, a defendant asserting self-defense is not entitled to a plea of “not guilty by reason of self-defense.”
Clark v. Arizona, 548 U.S. 735 (2006).
“720, § 5/6-2 (West 2004); Ind. Code §§35-35-2-1 , 35-36-1-1, 35-36-2-3 (West 2004); Ky.”
Nathan Healey v. Robert Carter, Comm'r of the Indiana Dep't of Corr., 109 N.E.3d 1043 (Ind. Ct. App. 2018).
· cites it 2× “Moreover, Indiana Code section 11-8-8-9(d)(2) provides that for any sex or violent offender who is not committed to the DOC, the probation office of the sentencing court must provide the DOC with the sentencing order and presentence investigation, as well as " any other…”
Harris v. State, 499 N.E.2d 723 (Ind. 1986).
· cites it 2× “The first issue Appellant raises emanates from his voluntary plea of guilty but mentally ill, pursuant to Ind. Code § 35-35-2-1 (a)(3)(C) (Burns 1985).”
Ind. Code § 35-35-2-1(a)(3): 1 case
Miller v. State, 720 N.E.2d 696 (Ind. 1999).
“Ind.Code § 35-35-2-1(a)(3) (1993). Accordingly, a defendant asserting self-defense is not entitled to a plea of “not guilty by reason of self-defense.”
Ind. Code § 35-35-2-1(b): 1 case
Badger v. State, 637 N.E.2d 800 (Ind. 1994).
“Code § 35-35-1-4 (1993) (governing the withdrawal of both pleas of guilty and not-guilty); Ind. Code §§ 35-35-2-1 & 2 (1993) (governing pleadings in criminal proceedings).”
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treatment. Dots show Syfertize treatment of the citing case itself.