35-38-7-7. Opportunity to Respond to Petition
Sec. 7. The court shall give the prosecuting attorney an opportunity to respond to the petition. The court may, in its discretion, order a hearing on the petition. As added by P.L.49-2001, SEC.2.
35-38-7-8. Prima Facie Proof Required
Sec. 8. After complying with section 7 of this chapter, the court shall determine whether the petitioner has presented prima facie proof of the following: (1) That the evidence sought to be tested is material to identifying the petitioner as: (A) the perpetrator of; or (B) an accomplice to; the offense that resulted in the […]
35-38-7-9. Order for Testing
Sec. 9. If the court makes the findings described in section 8(1), 8(2), 8(3), and 8(4) of this chapter, the court shall order DNA testing and analysis of the evidence. As added by P.L.49-2001, SEC.2.
35-38-6-4. Confinement of Convicted Person; Segregation of Female Prisoner; Visits by Certain Persons
Sec. 4. (a) The convicted person shall be confined in the state prison until the date of the convicted person’s execution. The convicted person may temporarily be held in a maximum security facility for security purposes or during renovation of the state prison. A convicted female shall be confined in a maximum security women’s prison […]
35-38-7-10. Method and Payment for Testing
Sec. 10. If the court orders DNA testing and analysis under section 9 of this chapter, the court shall order the method and responsibility for the payment of any costs associated with the DNA testing and analysis. As added by P.L.49-2001, SEC.2.
35-38-6-5. Place of Execution of Death Sentence
Sec. 5. The execution must take place inside the walls of the state prison in a room arranged for that purpose. The department of correction shall provide the necessary room and appliances to carry out the execution as provided in this chapter. As added by P.L.311-1983, SEC.3. Amended by P.L.294-1995, SEC.2.
35-38-7-11. Appointment of Defense Counsel
Sec. 11. The court may appoint defense counsel for the person who was convicted of the offense at any time during any proceedings under this chapter if the person is indigent. As added by P.L.49-2001, SEC.2.
35-38-6-6. Persons Permitted to Be Present at Execution of Death Sentence; Exclusion of Persons for Safety or Security Reasons; Confidentiality of Identity of Persons Assisting in Execution
Sec. 6. (a) Only the following persons may be present at the execution: (1) The warden of the state prison. (2) The person designated by the warden of the state prison and any assistants who are necessary to assist in the execution. (3) The prison physician. (4) One (1) other physician. (5) The spiritual advisor […]
35-38-7-12. Selection of Laboratory
Sec. 12. If the court orders DNA testing and analysis under this chapter, the court shall select a laboratory that meets the quality assurance and proficiency testing standards applicable to laboratories conducting forensic DNA analysis under IC 10-13-6. As added by P.L.49-2001, SEC.2. Amended by P.L.2-2003, SEC.94.
35-38-6-7. Escape and Recapture of Convicted Person
Sec. 7. (a) If the convicted person: (1) escapes from custody before the date set for execution; and (2) is recaptured before the date set for execution; the convicted person shall be confined and executed according to the terms of the warrant. (b) If the convicted person: (1) escapes from custody before delivery to the […]