Sec. 6. If the court determines that the defendant is an individual with an intellectual disability under section 5 of this chapter, the part of the state's charging instrument filed under IC 35-50-2-9(a) that seeks a death sentence against the defendant shall be dismissed.
Ind. Code § 35-36-9-6
Dismissal of death sentence charging instrument
Applied in 7 court decisions — leading case Atkins v. Virginia (2002)
Most recently applied in McManus v. Neal (February 2015)
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.