Sec. 5. Whenever:
(1) the court believes that it is proper; or
(2) a party to the case makes a motion;
for the jury to have a view of the place in which any material fact
occurred, the court may order the jury to be conducted in a body, under
the charge of an officer, to the place, which shall be shown to them by
some person appointed by the court for that purpose. While the jury is
absent for this reason, no person, other than the officer and the person
appointed to show them the place, may speak to the jurors on any
subject connected with the trial.
As added by Acts 1981, P.L.298, SEC.6.
Notes of Decisions
Stephenson v. State, 742 N.E.2d 463 (Ind. 2001).
· cites it 2× “Over Defendant’s objection, the trial court granted the State’s request for the jury to view various locations pursuant to Indiana Code § 35-37-2-5, which allows a “jury to have a view of the place in which any material fact occurred.”
Simmons v. State, 717 N.E.2d 635 (Ind. Ct. App. 1999).
· cites it 2× “According to Ind.Code § 35-37-2-5: Whenever: (1) the court believes that it is proper; or (2) a party to the case makes a motion; for the jury to have a view of the place in which any material fact occurred, the court may order the jury to be conducted in a body, under the…”
Clay Howard v. State of Indiana (mem. dec.), No. 40A04-1407-JC-349 (Ind. Ct. App. Feb. 25, 2015).
· cites it 2× “Ind. Code § 35-37-2-5 . Whether to allow the jury view is within the trial court’s sound discretion, and we will reverse only if the trial court abused that discretion.”
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