Sec. 2. The defendant and prosecuting attorney, with the assent of the court, may submit the trial to the court. Unless a defendant waives the right to a jury trial under the Indiana Rules of Criminal Procedure, all other trials must be by jury.
Ind. Code § 35-37-1-2
Trial by court or jury; waiver of right to trial by jury
Applied in 5 court decisions — leading case Kellems v. State (2006)
Most recently applied in Evaristo Martinez v. State of Indiana (August 2017)
As added by Acts 1981, P.L.298, SEC.6
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.