Indiana § 35-38-4-6 - Stay of execution of sentence

Full text of Indiana Indiana Code § 35-38-4-6 — Stay of execution of sentence, with citation guidance and answers to common questions.

§ 35-38-4-6. Stay of execution of sentence

Sec. 6. (a) An appeal to the supreme court or to the court of appeals from a judgment of conviction does not stay the execution of the sentence, unless:

(1) the punishment is to be death; or

(2) the judgment is for a fine and costs (including fees) only, in which case the execution of the sentence may be stayed by an order of the court.

(b) If the punishment is to be imprisonment and a fine and costs (including fees), the execution of the sentence as to the fine and costs (including fees) only may be stayed by the court.

(c) In the case of an appeal from a judgment in a capital case, the order of suspension must specify the day until which the execution of the sentence is stayed.

As added by P.L.311-1983, SEC.3. Amended by P.L.106-2010, SEC.13.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 35-38-4-6

What does Indiana Code § 35-38-4-6 cover?

Section 35-38-4-6 ("Stay of execution of sentence") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 35-38-4-6?

A common citation format is "Indiana Code § 35-38-4-6" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 35-38-4-6 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.