Indiana Code
Ind. Code § 35-37-1-1 (2026)
Venire called; number of jurors
✓ current as of May 2026
Sec. 1. (a) The jury venire called by a court may be used in civil or criminal cases.
(b) If a defendant is charged with:
(1) murder or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony, the jury shall consist of twelve (12) qualified jurors unless the defendant and prosecuting attorney agree to a lesser number; or
(2) any other crime, the jury shall consist of six (6) qualified jurors.
As added by Acts 1981, P.L.298, SEC.6. Amended by P.L.158-2013, SEC.391.
Notes of Decisions
Cited in 12
cases, 1984–2020 · leading case: Rice v. State, 916 N.E.2d 962 (Ind. Ct. App. 2009).
Rice v. State, 916 N.E.2d 962 (Ind. Ct. App. 2009). “(citing Ind.Code § 35-37-1-1(b)(1)). Recently, in Weatherspoon v.”
Lawson v. State, 664 N.E.2d 773 (Ind. Ct. App. 1996). “Lawson contends that the alternate juror's act of writing and signing a note requesting that a television be provided to the jury clearly establishes that the alternate juror participated in deliberations.”
Croney v. State, 710 N.E.2d 212 (Ind. Ct. App. 1999). “It is a Class C felony, however, if the defendant has a qualifying prior felony conviction. Croney was convicted of the Class C felony by a six-member jury in a bifurcated proceeding.”
Holliness v. State, 467 N.E.2d 4 (Ind. 1984). “The present statute, Ind.Code § 35-37-1-1 (Burns 1984 Supp.) expressly allows defendant to waive a twelve-member jury.”
Taylor v. State, 687 N.E.2d 606 (Ind. Ct. App. 1997). “Ind.Code § 35-37-1-1(b)(1); Smith v. State, 176 Ind.”
Henderson v. State, 690 N.E.2d 706 (Ind. 1998). “The trial court entered judgment of conviction on both counts and sentenced Appellant to concurrent terms of one year on Count One and five years on Count Two. If a defendant is charged with a Class C felony or higher, the jury consists of twelve jurors unless the defendant and…”
Henderson v. State, 686 N.E.2d 911 (Ind. Ct. App. 1998). “Thus, under Ind.Code § 35-37-1-1(b), Henderson was entitled to a twelve-member jury.”
Brown v. State, 684 N.E.2d 529 (Ind. Ct. App. 1997). “When the most serious crime a defendant is charged with is a class D felony, the jury shall consist' of six qualified jurors and the defendant will 'be afforded five peremptory challenges.”
Minor v. State, 790 N.E.2d 437 (Ind. 2003). “He claims his appellate lawyer on direct appeal was ineffective for fading to raise on appeal the propriety of Minor’s being tried by a six-person jury, in violation of Ind.Code § 35-37-1-1. The Court of Appeals affirmed the denial of post-conviction relief.”
Minor v. State, 792 N.E.2d 59 (Ind. Ct. App. 2003). “Indiana Code Section 35-37-1-1 provides in relevant part that “[i]f a defendant is charged with .”
Ramos v. Louisiana, 590 U.S. 140 (2020). “270 (2019); Ind. Code § 35-37-1-1 (b)(2) ; Utah Code § 78B-1-104 (2019).”
Sean M. Keith v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). “Ind. Code § 35-37-1-1 . Court of Appeals of Indiana | Memorandum Decision 18A-CR-1129| November 13, 2018 Page 6 of 12 house in front of [Thompson’s] kids with a knife at his throat.”
Ind. Code § 35-37-1-1(b): 3 cases
Croney v. State, 710 N.E.2d 212 (Ind. Ct. App. 1999). “It is a Class C felony, however, if the defendant has a qualifying prior felony conviction. Croney was convicted of the Class C felony by a six-member jury in a bifurcated proceeding.”
Henderson v. State, 690 N.E.2d 706 (Ind. 1998). “The trial court entered judgment of conviction on both counts and sentenced Appellant to concurrent terms of one year on Count One and five years on Count Two. If a defendant is charged with a Class C felony or higher, the jury consists of twelve jurors unless the defendant and…”
Henderson v. State, 686 N.E.2d 911 (Ind. Ct. App. 1998). “Thus, under Ind.Code § 35-37-1-1(b), Henderson was entitled to a twelve-member jury.”
Ind. Code § 35-37-1-1(b)(1): 2 cases
Rice v. State, 916 N.E.2d 962 (Ind. Ct. App. 2009). “(citing Ind.Code § 35-37-1-1(b)(1)). Recently, in Weatherspoon v.”
Taylor v. State, 687 N.E.2d 606 (Ind. Ct. App. 1997). “Ind.Code § 35-37-1-1(b)(1); Smith v. State, 176 Ind.”
Ind. Code § 35-37-1-1(b)(2): 1 case
Brown v. State, 684 N.E.2d 529 (Ind. Ct. App. 1997). “When the most serious crime a defendant is charged with is a class D felony, the jury shall consist' of six qualified jurors and the defendant will 'be afforded five peremptory challenges.”
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