Ind. Code » Title 35
Indiana Code

Ind. Code § 35-36-2-1 (2026)

Time of filing

✓ current as of May 2026
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     Sec. 1. When the defendant in a criminal case intends to interpose the defense of insanity, he must file a notice of that intent with the trial court no later than:

(1) twenty (20) days if the defendant is charged with a felony; or

(2) ten (10) days if the defendant is charged only with one (1) or more misdemeanors;

before the omnibus date. However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.

As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.29.

 

Notes of Decisions
Cited in 33 cases (5 in the last 5 years), 1982–2026 · leading case: Taylor v. State, 659 N.E.2d 535 (Ind. 1995).
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Taylor v. State, 659 N.E.2d 535 (Ind. 1995). · cites it 8× “[5] Indiana Code § 35-36-2-1 requires a defendant to file a notice of intent to raise the insanity defense.”
Baer v. State, 866 N.E.2d 752 (Ind. 2007). · cites it 4× “When a defense under this section is asserted, the jury may find a defendant guilty, not guilty, not responsible by reason of insanity at the time of the crime, or guilty but mentally ill at the time of the crime. Ind.Code § 35-36-2-3. In the notice, however, the defendant…”
Mayberry v. State, 670 N.E.2d 1262 (Ind. 1996). · cites it 4× “[1] On October 11, 1993, defendant filed a notice of insanity pursuant to Indiana Code § 35-36-2-1 (1993). Defendant's jury trial commenced on June 13, 1994.”
McClain v. State, 678 N.E.2d 104 (Ind. 1997). · cites it 6× “1 The Court of Appeals held that evidence McClain seeks to present on automatism and sleep deprivation is a species of the insanity defense and, accordingly, is subject to the notice requirements of Indiana Code § 35-36-2-1. McClain v. State, 670 N.”
Wisehart v. State, 693 N.E.2d 23 (Ind. 1998). · cites it 4× “Ind.Code § 35-36-2-1 et seq. (1982). [21] In his brief, Wisehart presents five prospective jurors' comments to demonstrate their unwillingness to accept the dual argument strategy.”
A.J. v. Logansport State Hosp., 956 N.E.2d 96 (Ind. Ct. App. 2011). · cites it 4× “Perhaps we as a society need to consider the concept of a defendant being unchargeable because of mental illness under Indiana *118 Code section 35-41-3-6, and not just guilty but mentally ill under Indiana Code section 35-36-2-1, et. seq. In either case, the commitment…”
Charles Gross v. State of Indiana, 41 N.E.3d 1043 (Ind. Ct. App. 2015). · cites it 4× “Perhaps we as a society need to consider the concept of a defendant being unchargeable because of mental illness under Indiana Code section 35-41-3-6, and not just guilty but mentally ill under Indiana Code section 35-36-2-1, et. seq. In either case, the commitment proceedings…”
Shaheen Zamani v. State of Indiana, 33 N.E.3d 1130 (Ind. Ct. App. 2015). · cites it 10× “Ind. Code § 35-36-2-1 provides: When the defendant in a criminal case intends to interpose the defense of insanity, he must file a notice of that intent with the trial court no later than: (1) twenty (20) days if the defendant is charged with a felony; or (2) ten (10) days if…”
Reginald Lee Robinson v. State of Indiana, 53 N.E.3d 1236 (Ind. Ct. App. 2016). · cites it 4× “Perhaps we as a society need to consider the concept of a defendant being unchargeable because of mental illness under Indiana Code section 35-41-3-6, and not just guilty but mentally ill under Indiana Code section 35-36-2-1, et seq. In either case, the commitment proceedings…”
Marley v. State, 747 N.E.2d 1123 (Ind. 2001). · cites it 2× “§ 35-36-2-1. Self-defense has no similar provision.”
Hollen v. State, 740 N.E.2d 149 (Ind. Ct. App. 2001). · cites it 4× “) The State, however, objected to Hollen's assertion of this defense as untimely pursuant to Indiana Code section 35-36-2-1. (R. 55.) The court does not appear to have ruled on the timeliness of Hollen's assertion of his insanity defense, and Hollen apparently did not pursue the…”
Eveler v. State, 524 N.E.2d 9 (Ind. 1988). · cites it 4× “Here, defendant failed to file his notice of intent to plead insanity as a defense within the time restraints imposed by Ind.Code § 35-36-2-1. When he attempted to file the belated notice, he made no showing of good cause as required by statute.”
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