Sec. 8.5. (a) This section applies if:

(1) a defendant has filed an appeal of the defendant’s conviction; or

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Terms Used In Indiana Code 35-40-5-8.5

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Statute: A law passed by a legislature.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) the state has filed an appeal in connection with criminal proceedings against a defendant.

     (b) A:

(1) victim or alleged victim; or

(2) spouse or member of the immediate family (as defined in IC 27-14-1-17 (before its repeal) or IC 27-14.5-1-16) of the victim or alleged victim, if:

(A) the victim or alleged victim is deceased; and

(B) the spouse or the immediate family member is not a defendant in the criminal case;

in a case described in subsection (a) is entitled, at no charge, to an electronic copy of the transcript prepared for appeal in the case described in subsection (a).

     (c) The trial court clerk shall provide the victim or alleged victim (or spouse or immediate family member) with an electronic copy of the transcript as soon as practicable after the court reporter has filed the transcript with the clerk.

     (d) The victim or alleged victim (or spouse or immediate family member) is not entitled to any confidential information that the court has excluded from public access under the Indiana rules of appellate procedure, the court administrative rules adopted by the supreme court, or any other statute or court rule.

As added by P.L.78-2018, SEC.1. Amended by P.L.226-2023, SEC.32.