Pursuant to Ind. Appellate Rule 65(D), this 

Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

APPELLANT PRO SE: ATTORNEYS FOR APPELLEE:

JASON T. MYERS GREGORY F. ZOELLER

Indiana Department of Correction Attorney General of Indiana

Pendleton, Indiana

JOSEPH Y. HO

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

JASON TYE MYERS, )

)

Appellant-Defendant, )

)

vs. ) No. 79A02-1202-CR-123

)

STATE OF INDIANA, )

)

Appellee-Plaintiff. )

APPEAL FROM THE TIPPECANOE SUPERIOR COURT

The Honorable Les A. Meade, Judge

Cause No. 79D05-0403-FD-121

September 26, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge
2

Case Summary

In 2004, Jason Tye Myers pled guilty to class A misdemeanor theft for stealing a pair 

of shoes. Seven years later, he filed a motion for transcripts of his 2004 proceedings. After a 

denial, a motion to reconsider, and another denial, Myers filed a petition for permission to 

file a belated notice of appeal from the trial court’s denial of his motion to reconsider, which 

the trial court also denied. 

Myers now files this pro se appeal, claiming that the trial court erred in denying his 

petition for permission to file a belated notice of appeal. We dismiss his appeal for lack of 

jurisdiction.

Facts and Procedural History

In February 2004, Myers entered a department store, tried on a pair of tennis shoes, 

placed his old shoes in the shoebox, and attempted to leave the store without paying. The 

State charged Myers with class D felony theft, and he eventually pled guilty to and was 

convicted of class A misdemeanor theft. The trial court imposed fines and sentenced Myers

to one year of unsupervised probation.

During his probation, Myers committed check deception and dealing in cocaine. He 

eventually pled guilty to check deception and was later convicted of four counts of class A 

felony cocaine dealing, receiving an aggregate thirty-two-year sentence.

In September 2011, while incarcerated, Myers filed a pro se motion for guilty plea and 

sentencing hearing transcripts from his 2004 theft proceedings as well as an affidavit of 

poverty. On October 3, 2011, the trial court denied his motion and found his affidavit of 
3

poverty procedurally deficient. Myers filed a motion to reconsider, which the trial court 

denied on November 7, 2011.

On January 5, 2012, Myers filed a verified petition to file a belated notice of appeal

from the trial court’s denial of his motion for transcripts and motion to reconsider. He 

simultaneously filed a motion for relief from judgment under Indiana Trial Rule 60(B), and 

the trial court did not rule on this motion. On January 26, 2012, the trial court issued an order

denying his petition for permission to file a belated appeal. Myers now appeals that order.1 

Additional facts will be provided as necessary.

Discussion and Decision

Belated appeals are governed by Indiana Post-Conviction Rule 2(1)(a), which states

that under certain circumstances, “[a]n eligible defendant convicted after a trial or plea of 

guilty may petition the trial court for permission to file a belated notice of appeal of the 

conviction or sentence[.]” (Emphasis added.) Here, Myers clearly stated in his petition for 

permission to file a belated appeal that he was appealing the trial court’s order denying his 

motion for transcripts. Thus, he was not attempting to belatedly appeal his conviction or 

sentence, as required in P-C.R. 2(1)(a). Consequently, a P-C.R. 2 proceeding was not 

available to him under the circumstances. 

Additionally, we note that Myers’s motion for transcripts was akin to a request for 

 

1

 The State filed a motion to dismiss this appeal, which was denied by the motions panel of this Court. 

While we are reluctant to overrule orders decided by the motions panel, it is well established that we have 

inherent authority to reconsider its rulings. Treacy v. State, 953 N.E.2d 634, 636 n.2 (Ind. Ct. App. 2011),

trans. denied. 
4

discovery. Ben-Yisrayl v. State, 753 N.E.2d 649, 658 (Ind. 2001). In his motion for 

transcripts, he stated that the transcripts were essential to his preparation of a petition for 

post-conviction relief, in which he hoped to assert ineffective assistance of counsel, 

involuntary guilty plea, and lack of a factual basis for his guilty plea. Appellant’s App. at 43. 

However, he failed to follow the proper procedure for obtaining the transcripts. He should 

have first filed a petition for post-conviction relief under Post-Conviction Rule 1 and 

“included every ground for relief under Sec. 1 known to [him].” P-C.R. 1(3)(b). He then 

would have had a procedural mechanism for obtaining the transcripts he sought, based on PC.R. 1(9)(b), which states in part, “[p]etitioners who are indigent and proceeding in forma 

pauperis shall be entitled to production of guilty plea and sentencing transcripts at public 

expense, prior to a hearing, if the petition is not dismissed.” 

Because Myers did not follow the procedure outlined in P-C.R. 1, he was not entitled 

to the transcripts as a matter of course. He was essentially left with an order denying a 

request for discovery. An order denying a motion to conduct discovery in order to pursue a 

post-conviction proceeding is not a final, appealable order. Salazar v. State, 854 N.E.2d 

1180, 1183-84 (Ind. Ct. App. 2006); see also Ind. Appellate Rule 2(H) (defining final 

judgment as one that disposes of all claims of parties; is directed by trial court in writing 

under Trial Rules 54(B) or 56(C); is deemed final under Trial Rule 60(C) or ruled final under 

Trial Rule 59 or Criminal Rule 16; or is otherwise deemed final by law). As such, we lack 

jurisdiction over this appeal. See Ind. Appellate Rule 5(A) (stating that except in cases 

covered under Appellate Rule 4 outlining Supreme Court jurisdiction, the Court of Appeals 
5

shall have jurisdiction in all appeals from final judgments). Notably, Myers did not pursue an

interlocutory appeal pursuant to Indiana Appellate Rule 14 and therefore has foreclosed any 

review under Indiana Appellate Rule 5(B). Accordingly, we dismiss his appeal.

Dismissed.

RILEY, J., and BAILEY, J., concur.