Judge declares living man in front of him to be legally dead
64 replies, posted
[quote]
Life can be tough, especially when a [URL="http://www.thecourier.com/Issues/2013/Oct/08/ar_news_100813_story2.asp?d=100813_story2,2013,Oct,08&c=n"] judge says you’re dead in the eyes of the law[/URL].
That’s exactly what happened to Ohio resident Donald Eugene Miller Jr. on Monday when a judge upheld a 1994 court ruling declaring the 61-year-old legally dead.
The Courier reports that 19 years ago, a court in Hancock County declared Miller legally dead eight years after he disappeared from his rental home.
As a result, Miller has lost his Social Security number and his driver’s license.
Judge Allan Davis called it a "strange, strange situation," but he also said [URL="http://www.upi.com/Odd_News/2013/10/09/Man-unable-to-get-his-death-ruling-overturned/UPI-15901381332824/"] the court cannot budge in its decision[/URL].
"We've got the obvious here,” Davis said. “A man sitting in the courtroom, he appears to be in good health.”[/quote]
[URL="http://news.yahoo.com/blogs/sideshow/judge-tells-living-man-that-he’s-still-legally-dead-201043615.html"]source[/URL]
You are DEAD. Because I am the LAW.
the title made me think he declared him dead while he was infront of him in court, presumably with the man in question going "BUT I'M RIGHT HERE I'M NOT DEAD"
Because logic.
Well since he's "dead" at least he doesn't have to pay taxes.
[QUOTE=Samiam22;42471761]the title made me think he declared him dead while he was infront of him in court, presumably with the man in question going "BUT I'M RIGHT HERE I'M NOT DEAD"[/QUOTE]
This is what I thought of when I saw the title.
[video=youtube;grbSQ6O6kbs]http://www.youtube.com/watch?v=grbSQ6O6kbs[/video]
[QUOTE=DaCommie1;42471810]Well since he's "dead" at least he doesn't have to pay taxes.[/QUOTE]
But he also can't drive, or own property, or go to the doctor, or buy things, or do anything except actually die
He could do whatever he wants, really. The court can't prosecute dead people.
[QUOTE=Samiam22;42471761]the title made me think he declared him dead while he was infront of him in court, presumably with the man in question going "BUT I'M RIGHT HERE I'M NOT DEAD"[/QUOTE]
He was in the courtroom, he tried to overturn the ruling.
[quote=Article]"We've got the obvious here,” Davis said. “A man sitting in the courtroom, he appears to be in good health.”[/quote]
Can a dead man commit a crime?
[QUOTE=DaysBefore;42471842]But he also can't drive, or own property, or go to the doctor, or buy things, or do anything except actually die[/QUOTE]
If only he could use stuff that was under his estate :<
[editline]10th October 2013[/editline]
[QUOTE=Pepsi-cola;42471851]Can a dead man commit a crime?[/QUOTE]
This would be a hilarious question that the court might have to face.
So there'd be no legal consequence if someone murdered him infront of the court?
[QUOTE=OpethRockr55;42471845]He could do whatever he wants, really. The court can't prosecute dead people.[/QUOTE]
Yeah, pretty much, he can do anything he wants, he's literally beyond the law.
[QUOTE=Novangel;42471859]So there'd be no legal consequence if someone murdered him infront of the court?[/QUOTE]
I really doubt the legality of his death stretches that far. The law may say something but he's still a living person
[QUOTE=DaysBefore;42471872]I really doubt the legality of his death stretches that far. The law may say something but he's still a living person[/QUOTE]
Not legally he's not. I don't think it's possible to even have a case on someone who's legally dead.
[QUOTE=simkas;42471880]Not legally he's not. I don't think it's possible to even have a case on someone who's legally dead.[/QUOTE]
The DA would then creatively find a way to 'resurrect' and charge him.
Why is no one offering to help him pro bono?
brb ill be back in 8 years
new meaning to the phrase "you're dead to me"
What if he proves he's alive?
[QUOTE=DaysBefore;42471872]I really doubt the legality of his death stretches that far. The law may say something but he's still a living person[/QUOTE]
I'm honestly surprised that any court would make a ruling such as that. If the legislation which they're using to determine that he is dead refuses to allow a court to change the status of someone clearly alive, then there is a clear problem with the legislation, and I'm honestly surprised the court doesn't have the capacity to declare it nonsensical (amongst other things, including a new construction of "death").
[editline]10th October 2013[/editline]
[QUOTE=Pepsi-cola;42471889]Why is no one offering to help him pro bono?[/QUOTE]
What do they have to get out of it?
[QUOTE=simkas;42471880]Not legally he's not. I don't think it's possible to even have a case on someone who's legally dead.[/QUOTE]
Seriously the authorities wouldn't just ignore his murder because this court said he was dead
Really
I mean if they did then it's a testament to the incompetence of the state of Ohio, but it wouldn't happen
[QUOTE=DogGunn;42471907]What do they have to get out of it?[/QUOTE]
Mainstream publicity?
[QUOTE=Samiam22;42471761]the title made me think he declared him dead while he was infront of him in court, presumably with the man in question going "BUT I'M RIGHT HERE I'M NOT DEAD"[/QUOTE]
The title made me think that they were two neighbors having a fight and the judge got so pissed off at the other guy that he said "you're dead!"
[QUOTE=DaysBefore;42471912]Seriously the authorities wouldn't just ignore his murder because this court said he was dead
Really
I mean if they did then it's a testament to the incompetence of the state of Ohio, but it wouldn't happen[/QUOTE]
It's kind of a testament to the incompetence of the state of Ohio not to be able to declare the guy alive in the first place.
[QUOTE=DogGunn;42471907]
What do they have to get out of it?[/QUOTE]
that's the point of "pro bono"
pro bono publico literally means "for the public good". many professionals(lawyers, doctors, counselors) do pro bono work as a means of giving back to the public.
[QUOTE=DaysBefore;42471912]Seriously the authorities wouldn't just ignore his murder because this court said he was dead
Really
I mean if they did then it's a testament to the incompetence of the state of Ohio, but it wouldn't happen[/QUOTE]
They'd have to change his status to alive to be able to do anything I'd assume and this whole thing makes it seem like they don't have any way to legally change it that way, so I dunno. Would be nice to get someone who knows law stuff to chip in on this.
[QUOTE=Pepsi-cola;42471851]Can a dead man commit a crime?[/QUOTE]
I'd laugh if he got sentenced to life.
[img]http://i.imgur.com/0SRvyAB.jpg[/img]
[QUOTE=Bradyns;42471961]I'd laugh if he got sentenced to life.[/QUOTE]
dieing.
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