Ind. Code » Title 35
Indiana Code

Ind. Code § 35-38-6-2 (2025)

Court to issue warrant to sheriff; contents

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 2. The court in which a death sentence is ordered shall issue a warrant to the sheriff within fourteen (14) days of the sentence:

(1) that is under the seal of the court;

(2) that contains notice of the conviction and the sentence;

(3) that is directed to the warden of the state prison; and

(4) that orders the warden to execute the convicted person at a specified time and date in the state prison.

As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.2; P.L.67-2017, SEC.16.

 

Notes of Decisions
Cited in 9 cases, 1988–2010 · leading case: Carter v. State, 932 N.E.2d 1284 (Ind. Ct. App. 2010).
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Carter v. State, 932 N.E.2d 1284 (Ind. Ct. App. 2010). · cites it 2× “The Indiana Shoplifter Detention Act, Ind.Code § 35-38-6-2, governs the conduct of a merchant who detains a shoplifter, and provides in relevant part: (a) An owner or agent of a store who has probable cause to believe that a theft has occurred or is occurring on or about the…”
Elliott v. Rush Mem'l Hosp., 928 N.E.2d 634 (Ind. Ct. App. 2010). “§ 35-38-6-2(b)(1). We held that this express qualification on the statute's grant of immunity meant that merchants could be liable in negligence for an unreasonable detention.”
Smith v. Shettle, 690 F. Supp. 746 (N.D. Ind. 1988). “Indiana Code 35-38-6-2 details the manner in which the sentencing court issues the death warrant to the sheriff: 35-38-6-2 Court to issue warrant to sheriff; contents Sec.”
Minnick v. State, 705 N.E.2d 179 (Ind. 1999). “The Indiana State Prison Superin-tendeni/Warden is directed to carry out the execution in accordance with Indiana law, and this order shall constitute the warrant described in Indiana Code Sections 35-38-6-2 & 3. The date for execution of the sentence is subject to a valid stay…”
Bivins v. State, 741 N.E.2d 1196 (Ind. 2001). · cites it 2× “This order shall constitute the warrant for execution described in Indiana Code §§ 35-38-6-2 & -3, but is subject to any stay issued by a federal court.”
Burris v. State, 684 N.E.2d 193 (Ind. 1997). · cites it 2× “This order shall constitute the warrant for execution described in Indiana Code §§ 35-38-6-2 & 3. All Justices concur.”
Fleenor v. State, 718 N.E.2d 752 (Ind. 1999). · cites it 2× “This order shall constitute *753 the warrant for execution described in Indiana Code §§ 35-38-6-2 & 3. SHEPARD, C.”
Rouster v. State, 718 N.E.2d 737 (Ind. 1999). “The Indiana State Prison Superintendent/Warden is directed to carry out the execution in accordance with Indiana law, and this order shall constitute the warrant described in Indiana Code Sections 35-38-6-2 & 3. The date for execution of the sentence is subject to a valid stay…”
Williams v. State, 718 N.E.2d 737 (Ind. 1999). “The Indiana State Prison Superintendent/Warden is directed to carry out the execution in accordance with Indiana law, and this order shall constitute the warrant described in Indiana Code Sections 35-38-6-2 & 3. The date for execution of the sentence is subject to a valid stay…”
Ind. Code § 35-38-6-2(b)(1): 1 case
Elliott v. Rush Mem'l Hosp., 928 N.E.2d 634 (Ind. Ct. App. 2010). “§ 35-38-6-2(b)(1). We held that this express qualification on the statute's grant of immunity meant that merchants could be liable in negligence for an unreasonable detention.”
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