Indiana Code

Ind. Code § 35-36-9-6 (2026)

Dismissal of death sentence charging instrument

✓ current as of May 2026

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Sec. 6. If the court determines that the defendant is an individual with an intellectual disability under section 5 of this chapter, the part of the state's charging instrument filed under IC 35-50-2-9(a) that seeks a death sentence against the defendant shall be dismissed.

As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007, SEC.205; P.L.117-2015, SEC.52.

Notes of Decisions

Cited in 8 cases, 1999–2015 · leading case: Atkins v. Virginia, 536 U.S. 304 (2002).

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Atkins v. Virginia, 536 U.S. 304 (2002). · cites it 2× “§ 17-7-131 (j) (1997); Ind. Code §35-36-9-6 (1998); Rondon v. State, 711 N.”

Miller v. State, 770 N.E.2d 763 (Ind. 2002). · cites it 4× “For this purpose, "mentally retarded individual" is defined as "an individual who, before becoming twenty-two (22) years of age, manifests: (1) [s]ignificantly subaverage intellectual functioning; and (2) [s]ubstantial impairment of adaptive behavior; that is documented in a…”

Corcoran v. State, 774 N.E.2d 495 (Ind. 2002). · cites it 4× “See Ind.Code § 35-36-9-6. [2] See Ind. Const.”

Rondon v. State, 711 N.E.2d 506 (Ind. 1999). · cites it 4× “Ind. Code §§ 35-36-9-6 , 35-50-2-9 (1998).”

Paul M. McManus v. Ron Neal, 779 F.3d 634 (7th Cir. 2015). · cites it 2× “2d 335 (2002); see also Ind.Code § 35-36-9-6. A divided Indiana Supreme Court disagreed and reimposed the death sentence.”

Smallwood v. State, 773 N.E.2d 259 (Ind. 2002). · cites it 2× “Ind. Code § 35-36-9-6 . 2 To exert this provision, a defendant *262 must file a petition alleging mental retardation not later than twenty days before the omnibus date.”

State v. McManus, 868 N.E.2d 778 (Ind. 2007). · cites it 2× “The court must then order an evaluation and determine at least ten days prior to trial whether the defendant is in fact mentally retarded.”

Lambert v. State, 1999 OK CR 17 (Okla. Crim. App. 1999). “se in which the death penalty is sought which commences on or after July 1, 1988, should the judge find in accepting a plea of guilty but mentally retarded or the jury or court find in its verdict that the defendant is guilty of the crime charged but mentally retarded, the death…”

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