Ind. Code » Title 35
Indiana Code

Ind. Code § 35-36-9-1 (2025)

Applicability

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1. This chapter applies when a defendant is charged with a murder for which the state seeks a death sentence under IC 35-50-2-9.

As added by P.L.158-1994, SEC.3. Amended by P.L.2-1996, SEC.283.

 

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1996–2025 · leading case: Pruitt v. State, 903 N.E.2d 899 (Ind. 2009).
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Pruitt v. State, 903 N.E.2d 899 (Ind. 2009). · cites it 2× “Indiana Code §§ 35-36-9-1 through 7 (2004) provide the procedures by which a trial court is to determine whether a defendant is an individual with mental retardation and therefore not eligible for the death penalty.”
Pruitt v. State, 834 N.E.2d 90 (Ind. 2005). · cites it 2× “Indiana Code sections 35-36-9-1 through 7 provide the procedures through which a trial court is to determine whether a defendant is mentally retarded and therefore not eligible for the death penalty.”
Allen v. State, 686 N.E.2d 760 (Ind. 1997). · cites it 2× “Ind. Code Ann. § 35-36-9-1 to -7 (West Supp.”
Holmes v. State, 671 N.E.2d 841 (Ind. 1996). · cites it 2× “Ind.Code Ann. § 35-36-9-1, n. (West Supp.”
Paul M. McManus v. Ron Neal, 779 F.3d 634 (7th Cir. 2015). “We will follow the Supreme Court’s lead in Hall and use the term "intellectual disability” rather than "mental retardation,” although some references to the older term cannot be avoided because that is the term used in previous court decisions and the relevant Indiana statutes,…”
State v. Dunn, 831 So. 2d 862 (La. 2002). “§ 17-7-131(i); Ind.Code § 35-36-9-1; Kan. Stat. Ann. § 21-4623 ; Ky.”
Rogers v. State, 698 N.E.2d 1172 (Ind. 1998). · cites it 4× “As a preliminary matter, we observe that these statutes are part of a larger scheme which prescribes the procedure to follow in a pretrial determination of mental retardation.”
Rhodes v. State, 698 N.E.2d 304 (Ind. 1998). · cites it 2× “Defendant correctly argues that Ind.Code §§ 35-36-9-1 to -7 (Supp.1994) (“Mental Retardation Statute”) and 35-50-2-9 (Supp.”
Woods v. State, 863 N.E.2d 301 (Ind. 2007). · cites it 2× “See Ind.Code §§ 35-36-9-1 through 7. Under Indiana's statutory scheme, whether a person is mentally retarded is to be decided before trial, but the legislation was enacted after Woods’s trial.”
Miller v. State, 825 N.E.2d 884 (Ind. Ct. App. 2005). · cites it 2× “See Ind.Code §§ 35-36-9-1, et seq. 2 . Miller frames his argument in terms of the "law of the case" doctrine, arguing that the trial court's determination of Miller's mental retardation prior to his first trial and the State's failure to dispute that determination in the ensuing…”
State v. Williams, 831 So. 2d 835 (La. 2002). “§ 17-7-131(I); Ind.Code § 35-36-9-1; Kan. Stat. Ann. § 21-4623 ; Ky.”
Lei Gamble v. State of Indiana, 256 N.E.3d 546 (Ind. Ct. App. 2025). · cites it 2× “” Ind. Code § 35-36-9-1 . Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 22 of 35 track to graduate; and he is “a very bright kid and very hardworking.”
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