IC 35-38-4-1 Appeals by defendant as matter of right and according to this
chapter; decisions and orders reviewable
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.
IC 35-38-4-2 Appeals by state as provided by court rules for certain cases
Sec. 2. Appeals to the supreme court or to the court of appeals, if
the court rules so provide, may be taken by the state in the following
cases:
(1) From an order granting a motion to dismiss an indictment or
information.
(2) From an order or judgment for the defendant, upon his
motion for discharge because of delay of his trial not caused by
his act, or upon his plea of former jeopardy, presented and ruled
upon prior to trial.
(3) From an order granting a motion to correct errors.
(4) Upon a question reserved by the state, if the defendant is
acquitted.
(5) From an order granting a motion to suppress evidence, if the
ultimate effect of the order is to preclude further prosecution.
(6) From any interlocutory order if the trial court certifies and
the court on appeal or a judge thereof finds on petition that:
(A) the appellant will suffer substantial expense, damage, or
injury if the order is erroneous and the determination thereof
is withheld until after judgment;
(B) the order involves a substantial question of law, the early
determination of which will promote a more orderly
disposition of the case; or
(C) the remedy by appeal after judgment is otherwise
inadequate. As added by P.L.311-1983, SEC.3.
IC 35-38-4-3 Appeals from question reserved on part of state
Sec. 3. In case of an appeal from a question reserved on the part
of the state, it is not necessary for the clerk of the court to certify in
the transcript any part of the proceedings and record except the
pleadings, the motion to correct errors, and the judgment of acquittal.
When the question reserved is defectively stated, the supreme court
or the court of appeals may direct any part of the proceedings and
record to be certified to such court. As added by P.L.311-1983, SEC.3.
IC 35-38-4-4 Effect of appeal taken by state
Sec. 4. An appeal taken by the state does not stay, or affect the
operation of, the judgment in favor of the defendant until the
judgment is reversed. However, if an appeal is taken by the state
from an order or judgment by which the defendant is discharged
before trial, the order or judgment does not constitute a bar to further
prosecution of the defendant. As added by P.L.311-1983, SEC.3.
IC 35-38-4-5 Defendants tried jointly; appeal by one or more
Sec. 5. When defendants are tried jointly, any one (1) or more of
them may take an appeal. However, those who do not join in the
appeal are not affected by it. As added by P.L.311-1983, SEC.3.
IC 35-38-4-6 Stay of execution of sentence
Sec. 6. (a) An appeal to the supreme court or to the court of
appeals from a judgment of conviction does not stay the execution of
the sentence, unless:
(1) the punishment is to be death; or
(2) the judgment is for a fine and costs (including fees) only, in
which case the execution of the sentence may be stayed by an
order of the court.
(b) If the punishment is to be imprisonment and a fine and costs
(including fees), the execution of the sentence as to the fine and costs
(including fees) only may be stayed by the court.
(c) In the case of an appeal from a judgment in a capital case, the
order of suspension must specify the day until which the execution
of the sentence is stayed. As added by P.L.311-1983, SEC.3. Amended by P.L.106-2010,
SEC.13.
IC 35-38-4-7 Reimbursement of retrial expenses
Sec. 7. (a) This section applies to state reimbursement of expenses
for conducting a new trial if:
(1) a defendant is convicted of an offense in a criminal
proceeding conducted in a trial court;
(2) the defendant appeals the defendant's conviction to the
Indiana court of appeals or Indiana supreme court; and
(3) the court of appeals or supreme court remands the case to
the trial court for a new trial.
(b) Subject to subsection (d), the state shall reimburse the trial
court, the prosecuting attorney, and, if the defendant is represented
by a public defender, the public defender for expenses:
(1) incurred by the trial court, prosecuting attorney, and public
defender in conducting a new trial described in subsection (a);
and
(2) that would ordinarily be paid by the county in which the
trial court is located.
(c) The expenses of a trial court, prosecuting attorney, and public
defender reimbursed under this section:
(1) may not include any salary or other remuneration paid to a
trial court judge, prosecuting attorney, deputy prosecuting
attorney, or public defender; and
(2) must be paid from money in the state general fund.
(d) The office division of state court administration (IC 33-24-6-1)
shall administer a program to pay claims for reimbursement under
this section. The maximum amount that may be reimbursed for all
proceedings and all offenses arising out of the same facts is fifty
thousand dollars ($50,000). The maximum amount that may be paid
in any particular year for all expenses otherwise eligible for
reimbursement under this section is one million dollars ($1,000,000).
If the total of all claims that would otherwise be eligible for
reimbursement under this section exceeds the maximum amount that
may be reimbursed under this subsection, the division of state court
administration shall prorate reimbursement of eligible expenses, as
determined by the division of state court administration. As added by P.L.234-2007, SEC.71. Amended by P.L.3-2008,
SEC.250.
IC 35-38-4-1 Appeals by defendant as matter of right and according to this
chapter; decisions and orders reviewable
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.
IC 35-38-4-2 Appeals by state as provided by court rules for certain cases
Sec. 2. Appeals to the supreme court or to the court of appeals, if
the court rules so provide, may be taken by the state in the following
cases:
(1) From an order granting a motion to dismiss an indictment or
information.
(2) From an order or judgment for the defendant, upon his
motion for discharge because of delay of his trial not caused by
his act, or upon his plea of former jeopardy, presented and ruled
upon prior to trial.
(3) From an order granting a motion to correct errors.
(4) Upon a question reserved by the state, if the defendant is
acquitted.
(5) From an order granting a motion to suppress evidence, if the
ultimate effect of the order is to preclude further prosecution.
(6) From any interlocutory order if the trial court certifies and
the court on appeal or a judge thereof finds on petition that:
(A) the appellant will suffer substantial expense, damage, or
injury if the order is erroneous and the determination thereof
is withheld until after judgment;
(B) the order involves a substantial question of law, the early
determination of which will promote a more orderly
disposition of the case; or
(C) the remedy by appeal after judgment is otherwise
inadequate. As added by P.L.311-1983, SEC.3.
IC 35-38-4-3 Appeals from question reserved on part of state
Sec. 3. In case of an appeal from a question reserved on the part
of the state, it is not necessary for the clerk of the court to certify in
the transcript any part of the proceedings and record except the
pleadings, the motion to correct errors, and the judgment of acquittal.
When the question reserved is defectively stated, the supreme court
or the court of appeals may direct any part of the proceedings and
record to be certified to such court. As added by P.L.311-1983, SEC.3.
IC 35-38-4-4 Effect of appeal taken by state
Sec. 4. An appeal taken by the state does not stay, or affect the
operation of, the judgment in favor of the defendant until the
judgment is reversed. However, if an appeal is taken by the state
from an order or judgment by which the defendant is discharged
before trial, the order or judgment does not constitute a bar to further
prosecution of the defendant. As added by P.L.311-1983, SEC.3.
IC 35-38-4-5 Defendants tried jointly; appeal by one or more
Sec. 5. When defendants are tried jointly, any one (1) or more of
them may take an appeal. However, those who do not join in the
appeal are not affected by it. As added by P.L.311-1983, SEC.3.
IC 35-38-4-6 Stay of execution of sentence
Sec. 6. (a) An appeal to the supreme court or to the court of
appeals from a judgment of conviction does not stay the execution of
the sentence, unless:
(1) the punishment is to be death; or
(2) the judgment is for a fine and costs (including fees) only, in
which case the execution of the sentence may be stayed by an
order of the court.
(b) If the punishment is to be imprisonment and a fine and costs
(including fees), the execution of the sentence as to the fine and costs
(including fees) only may be stayed by the court.
(c) In the case of an appeal from a judgment in a capital case, the
order of suspension must specify the day until which the execution
of the sentence is stayed. As added by P.L.311-1983, SEC.3. Amended by P.L.106-2010,
SEC.13.
IC 35-38-4-7 Reimbursement of retrial expenses
Sec. 7. (a) This section applies to state reimbursement of expenses
for conducting a new trial if:
(1) a defendant is convicted of an offense in a criminal
proceeding conducted in a trial court;
(2) the defendant appeals the defendant's conviction to the
Indiana court of appeals or Indiana supreme court; and
(3) the court of appeals or supreme court remands the case to
the trial court for a new trial.
(b) Subject to subsection (d), the state shall reimburse the trial
court, the prosecuting attorney, and, if the defendant is represented
by a public defender, the public defender for expenses:
(1) incurred by the trial court, prosecuting attorney, and public
defender in conducting a new trial described in subsection (a);
and
(2) that would ordinarily be paid by the county in which the
trial court is located.
(c) The expenses of a trial court, prosecuting attorney, and public
defender reimbursed under this section:
(1) may not include any salary or other remuneration paid to a
trial court judge, prosecuting attorney, deputy prosecuting
attorney, or public defender; and
(2) must be paid from money in the state general fund.
(d) The office division of state court administration (IC 33-24-6-1)
shall administer a program to pay claims for reimbursement under
this section. The maximum amount that may be reimbursed for all
proceedings and all offenses arising out of the same facts is fifty
thousand dollars ($50,000). The maximum amount that may be paid
in any particular year for all expenses otherwise eligible for
reimbursement under this section is one million dollars ($1,000,000).
If the total of all claims that would otherwise be eligible for
reimbursement under this section exceeds the maximum amount that
may be reimbursed under this subsection, the division of state court
administration shall prorate reimbursement of eligible expenses, as
determined by the division of state court administration. As added by P.L.234-2007, SEC.71. Amended by P.L.3-2008,
SEC.250.
IC 35-38-4-1 Appeals by defendant as matter of right and according to this
chapter; decisions and orders reviewable
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.
IC 35-38-4-2 Appeals by state as provided by court rules for certain cases
Sec. 2. Appeals to the supreme court or to the court of appeals, if
the court rules so provide, may be taken by the state in the following
cases:
(1) From an order granting a motion to dismiss an indictment or
information.
(2) From an order or judgment for the defendant, upon his
motion for discharge because of delay of his trial not caused by
his act, or upon his plea of former jeopardy, presented and ruled
upon prior to trial.
(3) From an order granting a motion to correct errors.
(4) Upon a question reserved by the state, if the defendant is
acquitted.
(5) From an order granting a motion to suppress evidence, if the
ultimate effect of the order is to preclude further prosecution.
(6) From any interlocutory order if the trial court certifies and
the court on appeal or a judge thereof finds on petition that:
(A) the appellant will suffer substantial expense, damage, or
injury if the order is erroneous and the determination thereof
is withheld until after judgment;
(B) the order involves a substantial question of law, the early
determination of which will promote a more orderly
disposition of the case; or
(C) the remedy by appeal after judgment is otherwise
inadequate. As added by P.L.311-1983, SEC.3.
IC 35-38-4-3 Appeals from question reserved on part of state
Sec. 3. In case of an appeal from a question reserved on the part
of the state, it is not necessary for the clerk of the court to certify in
the transcript any part of the proceedings and record except the
pleadings, the motion to correct errors, and the judgment of acquittal.
When the question reserved is defectively stated, the supreme court
or the court of appeals may direct any part of the proceedings and
record to be certified to such court. As added by P.L.311-1983, SEC.3.
IC 35-38-4-4 Effect of appeal taken by state
Sec. 4. An appeal taken by the state does not stay, or affect the
operation of, the judgment in favor of the defendant until the
judgment is reversed. However, if an appeal is taken by the state
from an order or judgment by which the defendant is discharged
before trial, the order or judgment does not constitute a bar to further
prosecution of the defendant. As added by P.L.311-1983, SEC.3.
IC 35-38-4-5 Defendants tried jointly; appeal by one or more
Sec. 5. When defendants are tried jointly, any one (1) or more of
them may take an appeal. However, those who do not join in the
appeal are not affected by it. As added by P.L.311-1983, SEC.3.
IC 35-38-4-6 Stay of execution of sentence
Sec. 6. (a) An appeal to the supreme court or to the court of
appeals from a judgment of conviction does not stay the execution of
the sentence, unless:
(1) the punishment is to be death; or
(2) the judgment is for a fine and costs (including fees) only, in
which case the execution of the sentence may be stayed by an
order of the court.
(b) If the punishment is to be imprisonment and a fine and costs
(including fees), the execution of the sentence as to the fine and costs
(including fees) only may be stayed by the court.
(c) In the case of an appeal from a judgment in a capital case, the
order of suspension must specify the day until which the execution
of the sentence is stayed. As added by P.L.311-1983, SEC.3. Amended by P.L.106-2010,
SEC.13.
IC 35-38-4-7 Reimbursement of retrial expenses
Sec. 7. (a) This section applies to state reimbursement of expenses
for conducting a new trial if:
(1) a defendant is convicted of an offense in a criminal
proceeding conducted in a trial court;
(2) the defendant appeals the defendant's conviction to the
Indiana court of appeals or Indiana supreme court; and
(3) the court of appeals or supreme court remands the case to
the trial court for a new trial.
(b) Subject to subsection (d), the state shall reimburse the trial
court, the prosecuting attorney, and, if the defendant is represented
by a public defender, the public defender for expenses:
(1) incurred by the trial court, prosecuting attorney, and public
defender in conducting a new trial described in subsection (a);
and
(2) that would ordinarily be paid by the county in which the
trial court is located.
(c) The expenses of a trial court, prosecuting attorney, and public
defender reimbursed under this section:
(1) may not include any salary or other remuneration paid to a
trial court judge, prosecuting attorney, deputy prosecuting
attorney, or public defender; and
(2) must be paid from money in the state general fund.
(d) The office division of state court administration (IC 33-24-6-1)
shall administer a program to pay claims for reimbursement under
this section. The maximum amount that may be reimbursed for all
proceedings and all offenses arising out of the same facts is fifty
thousand dollars ($50,000). The maximum amount that may be paid
in any particular year for all expenses otherwise eligible for
reimbursement under this section is one million dollars ($1,000,000).
If the total of all claims that would otherwise be eligible for
reimbursement under this section exceeds the maximum amount that
may be reimbursed under this subsection, the division of state court
administration shall prorate reimbursement of eligible expenses, as
determined by the division of state court administration. As added by P.L.234-2007, SEC.71. Amended by P.L.3-2008,
SEC.250.
