Indiana § 35-38-6-8 Suspension of execution of death sentence; reason for delay

Indiana Statutes

§ 35-38-6-8 — Suspension of execution of death sentence; reason for delay

Indiana § 35-38-6-8

Art. 38PROCEEDINGS FOLLOWING DISMISSAL,

Ch. 6Execution of Death Sentence

This text of Indiana § 35-38-6-8 (Suspension of execution of death sentence; reason for delay) 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 § 35-38-6-8 (2026).

Text

(a)If the execution of the death sentence is suspended, the department of correction shall note the reason for the delay on the warrant but shall proceed with the execution when the period of suspension ends.

(b)The warrant shall be returned to the clerk of the sentencing court after:

(1)the convicted person is executed;

(2)the convicted person has been pardoned;

(3)the convicted person's judgment has been reversed;

(4)the convicted person's sentence has been commuted; or

(5)the convicted person dies before his execution; with a statement concerning the completion of the execution or the reason why the person was not executed.

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(a) If the execution of the death sentence is
suspended, the department of correction shall note the reason for the
delay on the warrant but shall proceed with the execution when the
period of suspension ends.
(b) The warrant shall be returned to the clerk of the sentencing court
after:
(1) the convicted person is executed;
(2) the convicted person has been pardoned;
(3) the convicted person's judgment has been reversed;
(4) the convicted person's sentence has been commuted; or
(5) the convicted person dies before his execution;
with a statement concerning the completion of the execution or the
reason why the person was not executed.