Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Miller v. State

Court of Appeals of Indiana

October 28, 2014

ARTHUR DALE MILLER, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE JAY SUPERIOR COURT. The Honorable Max C. Ludy, Judge. Cause No. 38D01-1209-FC-2.

FOR APPELLANT: DALE W. ARNETT, Winchester, Indiana.

FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana.

PYLE, Judge. NAJAM, J., and BAILEY, J., concur.

OPINION

Page 780

PYLE, Judge

STATEMENT OF THE CASE

This case is a reminder that we will not allow a defendant to have two bites at the proverbial appellate apple, especially when it happens with the assistance of a trial court that should have dismissed the underlying motion for lack of jurisdiction.

Arthur Dale Miller (" Miller" ) previously initiated an appeal of the trial court's denial of his motion to hold the Jay County Sheriff in contempt for failing to transport

Page 781

him to the Department of Correction within five days of his sentencing. Our Court dismissed his appeal based on his failure to properly serve the proper party with his notice of appeal. Miller then sought to set aside the order denying his contempt motion and to have the trial court re-enter a judgment on his contempt motion so that he could re-appeal the trial court's order. The trial court granted Miller's request, and Miller now attempts to re-appeal the denial of his contempt motion.

Because we find that the trial court did not have jurisdiction to rule on Miller's contempt motion based on Miller's lack of standing and because Miller's challenge was nevertheless rendered moot when he was transferred to the Department of Correction, we dismiss this appeal.

We ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.