§ 35-36-9-1 Applicability
§ 35-36-9-2 Individual with an intellectual disability
§ 35-36-9-3 Petition alleging an intellectual disability
§ 35-36-9-4 Hearing on petition
§ 35-36-9-5 Determination within ten days of trial
§ 35-36-9-6 Dismissal of death sentence charging instrument
§ 35-36-9-7 Sentencing
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Terms Used In Indiana Code > Title 35 > Article 36 > Chapter 9 - Pretrial Determination of Intellectual Disability in Death Sentence Cases

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • individual with an intellectual disability: means an individual who, before becoming twenty-two (22) years of age, manifests:

    Indiana Code 35-36-9-2

  • Omnibus date: refers to the omnibus date established under IC 35-36-8-1. See Indiana Code 35-36-1-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.