Indiana Statutes

§ 35-38-4-6 — Stay of execution of sentence

Indiana § 35-38-4-6
JurisdictionIndiana
Art. 38PROCEEDINGS FOLLOWING DISMISSAL,
Ch. 4Appeals

This text of Indiana § 35-38-4-6 (Stay of execution of sentence) 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 § 35-38-4-6 (2026).

Text

(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.

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Related

Robinson v. State
888 N.E.2d 1267 (Indiana Court of Appeals, 2008)
2 case citations
Earl Beem v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2017)
Phil L. Honer v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2015)

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.106-2010, SEC.13.

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Bluebook (online)
Indiana § 35-38-4-6, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-38-4-6.