Ind. Code » Title 35
Indiana Code

Ind. Code § 35-38-4-1 (2026)

Appeals by defendant as matter of right and according to this chapter; decisions and orders reviewable

✓ current as of May 2026
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     Sec. 1. (a) An appeal to the supreme court or the court of appeals may be taken by the defendant:

(1) as a matter of right from any judgment in a criminal action; and

(2) in accordance with this chapter.

     (b) Any decision of the court or intermediate order made during the proceedings may be reviewed.

As added by P.L.311-1983, SEC.3.

 

Notes of Decisions
Cited in 7 cases, 1986–2020 · leading case: Platt v. State, 664 N.E.2d 357 (Ind. Ct. App. 1996).
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Platt v. State, 664 N.E.2d 357 (Ind. Ct. App. 1996). · cites it 2× “Prior to doing so, Platt may also file a motion to correct error within thirty days of *364 sentencing in accordance with Ind.”
Dingman v. State, 602 N.E.2d 184 (Ind. Ct. App. 1992). · cites it 5× “CODE § 35-38-4-1, between appeals in criminal actions after a final judgment which may be brought as a matter of right and appeals from decisions or orders other than a final judgment which may be entertained at the court's discretion.”
Emmons v. State, 492 N.E.2d 303 (Ind. 1986). · cites it 2× “Ind.Code § 35-38-4-1 (Burns 1985). A defendant's right to appeal errors allegedly committed at trial may be regulated, and one such regulation is the requirement that the appellant present a complete record to the reviewing court.”
Anthony J. Johnson v. State of Indiana, 114 N.E.3d 908 (Ind. Ct. App. 2018). · cites it 2× “3 I.C. § 35-38-4-1(a)(1). 4 I.C. § 35-48-4-6.”
Jonathan McPherson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “at 24 (citing Ind. Code § 35-38-4-1 (b)(3)(B)(ii) (2011)).”
Darron T. Carter v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “2 I.C. § 35-38-4-1(d). 3 Ind. Code § 35-47-2-1 .”
Thomas W. Burton v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015). · cites it 2× “commits dealing in Court of Appeals of Indiana | Memorandum Decision 41A01-1312-CR-539 | January 30, 2015 Page 38 of 43 methamphetamine, a Class B felony .”
Ind. Code § 35-38-4-1(a): 1 case
Dingman v. State, 602 N.E.2d 184 (Ind. Ct. App. 1992). “CODE § 35-38-4-1, between appeals in criminal actions after a final judgment which may be brought as a matter of right and appeals from decisions or orders other than a final judgment which may be entertained at the court's discretion.”
Ind. Code § 35-38-4-1(a)(1): 1 case
Anthony J. Johnson v. State of Indiana, 114 N.E.3d 908 (Ind. Ct. App. 2018). “3 I.C. § 35-38-4-1(a)(1). 4 I.C. § 35-48-4-6.”
Ind. Code § 35-38-4-1(b): 1 case
Dingman v. State, 602 N.E.2d 184 (Ind. Ct. App. 1992). “CODE § 35-38-4-1, between appeals in criminal actions after a final judgment which may be brought as a matter of right and appeals from decisions or orders other than a final judgment which may be entertained at the court's discretion.”
Ind. Code § 35-38-4-1(d): 1 case
Darron T. Carter v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020). “2 I.C. § 35-38-4-1(d). 3 Ind. Code § 35-47-2-1 .”
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