Sec. 4. (a) The court shall conduct a hearing on the petition under this chapter.
(b) At the hearing, the defendant must prove by clear and convincing evidence that the defendant is an individual with an intellectual disability.
Ind. Code § 35-36-9-4
Hearing on petition
Applied in 8 court decisions — leading case Ex Parte Briseno (2004)
Most recently applied in State v. McManus (June 2007)
As added by P.L.158-1994, SEC.3
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.