Sec. 1. In any criminal action, either the defendant or the state is entitled as a substantive right to a preemptory change of venue from the judge without specifically stating the reason. The defendant or the state may obtain a change of judge under this section by motion filed in a manner and within the time limitations as specified in the Indiana Rules of Criminal Procedure. Each party is entitled to only one (1) change of judge under this section.
Ind. Code § 35-36-5-1
Preemptory change of venue from judge; procedure
Applied in 1 court decision — leading case 803 F. Supp. 611 - United States v. Escobar (1992)
Most recently applied in 803 F. Supp. 611 - United States v. Escobar (October 1992)
As added by Acts 1981, P.L.298, SEC.5
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.