Indiana Code
Ind. Code § 35-35-3-4 (2026)
Inadmissibility at trial
✓ current as of May 2026
Sec. 4. A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by the court.
As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983, SEC.20.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1988–2025 · leading case: Bell v. State, 622 N.E.2d 450 (Ind. 1993).
Bell v. State, 622 N.E.2d 450 (Ind. 1993). “The first barrier is erected by Ind. Code § 35-35-3-4 , which provides: A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by the…”
Chase v. State, 528 N.E.2d 784 (Ind. 1988). “Appellant urges that admission of his statements to the officers amounted to impermissible admission of protected plea negotiations, citing I.C. § 35-35-3-4. Appellant describes the conversations which took place as attempts to negotiate a plea agreement for himself and Roth.”
Wisehart v. State, 693 N.E.2d 23 (Ind. 1998). “Conclusion We affirm the post-conviction court's denial of Mark Allen Wisehart's petition for post-conviction relief.”
Bezy v. Loftus, 581 N.E.2d 965 (Ind. Ct. App. 1991). “He argues that the court correctly ruled to exclude the agreement because evidence of settlement negotiations is inadmissible, because *968 the prejudice caused by the admission of the agreement would outweigh its probative value, because the crime with which he was charged was…”
Gonzalez v. State, 929 N.E.2d 699 (Ind. 2010). “Martin was decided under Indiana Code § 35-35-3-4, which provides: A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by the court.”
Martin v. State, 537 N.E.2d 491 (Ind. 1989). “This principle is also expressed in Ind.Code § 35-35-3-4 (Burns 1985 Repl.): “A plea agreement, or a verbal or written communication concerning the plea agreement, may not be admitted into evidence at the trial of the case, should the plea agreement not culminate in approval by…”
Gilliam v. State, 650 N.E.2d 45 (Ind. Ct. App. 1995). “CODE § 35-35-3-4. Similarly, Evidence Rule 410 prohibits the admission of "any statement made in connection with" a plea offer.”
Brian Cambridge v. Jack Duckworth & Linley E. Pearson, 859 F.2d 526 (7th Cir. 1988). “See Ind.Code § 35-35-3-4 (1986). 1 According to Cambridge, an important condition of his plea agreement, and the negotiations leading up to the agreement, was that his guilty plea would not be used against him if the agreement was not consummated.”
Joshua A. Willey-Rumback v. State of Indiana (Ind. Ct. App. 2012). “Gilliam argued those statements were inadmissible pursuant to Ind. Code § 35-35-3-4 and Evid. R. 410, because they occurred during plea negotiations and were protected by privilege.”
Kimberly R. Anderson v. State of Indiana (Ind. 2025). “” Ind. Code § 35-35-3-4 . The code similarly bars the admission of a rejected or withdrawn guilty plea into evidence “in any criminal, civil, or administrative proceeding.”
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