Arthur Dale Miller v. State of Indiana

OPINION

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 him to the Department of Correction within five days of his sentencing. Our Court dismissed his appeal based on his failure to properly…