Indiana § 33-38-11-5 Powers; criminal jury trial

Indiana Statutes

§ 33-38-11-5 — Powers; criminal jury trial

Indiana § 33-38-11-5

Art. 38JUDGES

Ch. 11Temporary Judges

This text of Indiana § 33-38-11-5 (Powers; criminal jury trial) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 33-38-11-5 (2026).

Text

In a criminal jury trial referred to a temporary judge by the judge of the court, the temporary judge may conduct the trial, receive the verdict of the jury, conduct all sentencing hearings, and make all final judgments. However, if the criminal case is a case in which the defendant is being tried for a felony, the judge of the court shall:

(1)make the final judgment in the case; and

(2)conduct all sentencing hearings in the case. [Pre-2004 Recodification Citation: 33-13-16-5.]

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In a criminal jury trial referred to a temporary
judge by the judge of the court, the temporary judge may conduct the
trial, receive the verdict of the jury, conduct all sentencing hearings,
and make all final judgments. However, if the criminal case is a case
in which the defendant is being tried for a felony, the judge of the court
shall:
(1) make the final judgment in the case; and
(2) conduct all sentencing hearings in the case.
[Pre-2004 Recodification Citation: 33-13-16-5.]