You're still legally dead, judge tells Fostoria man.

Hi.

www.thecourier.com...,2013,Oct,08&c=n

Okay so I was scanning some of the current headlines and saw this nonsense.

Donald Eugene Miller Jr. walked out of Hancock County Probate Court on Monday as legally dead as ever.

In 1994, the court ruled that Miller was legally dead, eight years after he disappeared from his Arcadia rental home.

It sounds like the guy has a drinking problem and he's a "deadbeat dad" but he's not dead.

His parents informed him of his "death" upon his return to Ohio in about 2005, he said.

Miller told Judge Davis he neither sought alcohol treatment nor contacted his children in the time after he left.

Miller said he would like to start his life again, or "whatever's left of it." He asked the court to reverse its 1994 death ruling so he can reinstate his canceled Social Security number and driver's license.

The court said no.

WTH? If you have time read the article there is more info. than what I am including in this post.

Judge Davis referred to Donald Miller's case as a "strange, strange situation."

"We've got the obvious here. A man sitting in the courtroom, he appears to be in good health," Davis said.

Miller made a decision to leave the state to avoid paying child support, Davis said.

But the three-year time limit on the death ruling is clear, Davis said.

"I don't know where that leaves you, but you're still deceased as far as the law is concerned," Davis said.

Wow, so a living man is considered dead "as far as the law is concerned" ?

Not sure how I feel about this but it seems goofy.

Thoughts?

reply to post by justreleased


He's in the wrong court as his social security card and benefits are a federal matter. It happens all the time and an appeals court will overrule and admonish the mistaken judge.

If he is legally dead, then he is free to do whatever he wants. You cant charge a dead guy with a crime right? He is no longer owned by the government and is now truly free.

Doesnt sound like such a bad thing to me.

DC

System = broken!

airforce47
reply to post by justreleased

 

He's in the wrong court as his social security card and benefits are a federal matter. It happens all the time and an appeals court will overrule and admonish the mistaken judge.

I hope they do admonish the judge. I'm not defending the actions of the individual but what happened to common sense?

justreleased
Hi.

www.thecourier.com...,2013,Oct,08&c=n

Okay so I was scanning some of the current headlines and saw this nonsense.

Donald Eugene Miller Jr. walked out of Hancock County Probate Court on Monday as legally dead as ever.

In 1994, the court ruled that Miller was legally dead, eight years after he disappeared from his Arcadia rental home.

It sounds like the guy has a drinking problem and he's a "deadbeat dad" but he's not dead.

His parents informed him of his "death" upon his return to Ohio in about 2005, he said.

Miller told Judge Davis he neither sought alcohol treatment nor contacted his children in the time after he left.

Miller said he would like to start his life again, or "whatever's left of it." He asked the court to reverse its 1994 death ruling so he can reinstate his canceled Social Security number and driver's license.

The court said no.

WTH? If you have time read the article there is more info. than what I am including in this post.

Judge Davis referred to Donald Miller's case as a "strange, strange situation."

"We've got the obvious here. A man sitting in the courtroom, he appears to be in good health," Davis said.

Miller made a decision to leave the state to avoid paying child support, Davis said.

But the three-year time limit on the death ruling is clear, Davis said.

"I don't know where that leaves you, but you're still deceased as far as the law is concerned," Davis said.

Wow, so a living man is considered dead "as far as the law is concerned" ?

Not sure how I feel about this but it seems goofy.

Thoughts?

That judge is incorrect.

There's multiple instances of people turning up after the required time for a declaration of death. He should just go to the social security office with a copy of his birth certificate and whatever ID he had last and get them to direct him to a federal court.

AbleEndangered
System = broken!

Exactly.

Beyond repair?

reply to post by justreleased


Ohio is known for crazy laws, this is one of them.

I can see a reason for this law tho.

To punish people for doing fake deaths.

A compromise needs to be found that is fair. A common ground for all parties. Is the family ok with him coming back to society after abandoning them?

Will this set a precedent for life insurance frauds?

Was life insurance involved in this case?

If no monetary benefit from the mans actions, then a fair decision may be reached in appeals court.

Maybe give him a Visa/green card, when and if fed government resumes. Its not like they can deport him.

Taxpayers can pay for his imprisonment for the rest of his life for not having papers...

or maybe they can deport him??

Where is a common ground for this man, his family and the public??

I think that being de ad would set him free from the IRS, taxes etc, etc.
He should talk to a lawyer who won't throw him back in the trap.

I'm curious if he shot the judge in a non-lethal area of the body, and then said, "Doesn't it suck being shot by ghosts?" ...if the judge would then reinstate the ruling so he could arrest the dead man, or would he stick to his guns?

justreleased


Wow, so a living man is considered dead "as far as the law is concerned" ?

Not sure how I feel about this but it seems goofy.

Thoughts?

Sign me up for this. I can't imagine a better way out of the the system. Is there an instruction pamphlet somewhere on how he managed to be declared dead?

Sounds like a get out of jail free card to me. If he could find someone that would hire him
or start a small business he could get by income tax-free...probably FICA too...for a little
while at least.

You can bet a truckload of gold as soon as the IRS finds out a dead man is paying no
taxes they will make DAMN SURE he is brought back to life

rival
Sounds like a get out of jail free card to me. If he could find someone that would hire him
or start a small business he could get by income tax-free...probably FICA too...for a little
while at least.

You can bet a truckload of gold as soon as the IRS finds out a dead man is paying no
taxes they will make DAMN SURE he is brought back to life

Not having an active social security number has nothing to do with filing taxes.

There is a taxpayer identification code that anyone who doesn't have a valid ssn is "supposed" to have, yes even illegal immigrants. IRS tax code does not differentiate between legal and illegal aliens, both are supposed to pay taxes equally under eyes of law, of course enforcement of someone off the grid is very difficult but aliens still wind up paying around 20 billion a year.

Also to start a business you have to have an employer identification number, which unless you are a sole proprietor requires a business first. To open a business you must have an active ssn.

Either way this guy can either A. Get a new ssn or B. Get old one reactivated.

Also to whoever above stated that this is a form of punishment for people who fake their deaths, no it isn't. That would be a fraud charge if their intentions were for defrauding people. Making someone stop existing legally is not a form of punishment in law. If it was it would fall under cruel and unusual. There are hundreds if not thousands of people who have fallen off the map only to turn up after the needed seven years of time for a declaration of death. This judge was just not competent.

So...in the eyes of the law...this man is a zombie.
What about his zombie rights???
Can he get a zombie security number???
That whole budget would go him alone...

Can he die again???
Would it take a silver bullet or should we just lob off his head.

Could I legally get away with pre-meditated murder if I decided to kill him for a thrill???
Could I even be arrested???


I could go on all day.
This is just silly and I'm sure (as another poster had stated) that this has happened before and the Judge who presided is a moron.

reply to post by AFewGoodWomen


you are moron and so is your avatar and name-than you speak about faith..- mood Omnipotent- You make good woman look really BAD!

trinityalways
reply to post by AFewGoodWomen

 

you are moron and so is your avatar and name-than you speak about faith..- mood Omnipotent- You make good woman look really BAD!

I don't remember crapping in your cornflakes...alas, enjoy anyway:

Issues much???

Some of us actually earned our Monikers.
I have three medals that say so. So does my Eagle, Globe and Anchor and my Meritorious Masts...
So...unless Congress or a High Ranking Chief of Staff issued you medals for the war against the Matrix...
your opinion is considered null and void.
Semper Fidelis.......nuff said???

Ooh rah :usmc: