Bailey v. State

1 Citing case

  1. Bailey v. State

    No. 49S02-1204-CR-234 (Ind. Nov. 5, 2012)   Cited 198 times
    Upholding the sentence when it was established that the defendant was on probation for a similar offense and had a lengthy criminal history that included eleven prior adult convictions

    Elmer appealed, and the Court of Appeals reversed in an unpublished decision. Bailey v. State, No. 49A02-1106-CR-487, 2012 WL 360735, slip op. at 9 (Ind. Ct. App. Feb. 3, 2012). The court first held that, in order for Farrenquai to have suffered "bodily injury" sufficient to justify Elmer's conviction, her pain "must be sufficient to rise to a level of 'impairment of physical condition.'" Id., at 7 (quoting Ind. Code § 35-41-1-4 (2008) (recodified at § 35-31.5-2-29) (2012)).