Donald Eugene Miller Jr. is truly a dead man walking. He went to Judge Allan Davis at Hancock County Probate Court to inform the court that he was very much alive despite Davis’ ruling that he was deceased in 1994. He was surprised, however, when Davis said that there was nothing he could do. Miller was dead in the eyes of the law and that was the end of it . . . and him. It is not clear how Miller will rid himself of the first legally recognized status as an undead Zombie life form.
Miller, 61, explained to the court that he disappeared during a bout with alcoholism and never contacted his children or parents. When he finally returned to his parents recently, they told him that he was deceased.
Davis however said that it was simply too late for a resurrection. There is a three-year limit for challenging a death ruling, which seems a bit moronic if the challenger is the dead man.
Miller is in a bit of a bind since he has no social security number or driver’s license . . . and no resources to litigate to bring himself back to a legal life.
In the meantime, his children collected death benefits from social security. He also disappeared with about $26,000 in overdue child support and a threat of imprisonment as a dead beat dad. He appears to have opted just for a dead dad instead.
Source:Courier
Otteray actually prince never left he began using the name the ” the sign” as they told him he didnt own the name prince and he didnt want to use his real name for entertainment purposes even though we all know his real name is nelson rogers. lol these entertainment industries will do anything including kill you when they lose control of you. and can no longer use you for satanic purposes…
ask mj he has a video on youtube that shows him breaking away from them publicly right after making the song..” they dont care about us” the more they tried to destroy him the stronger and more [popular he got. they knew they couldnt allow him to do that last tour ” this is it” mj had already told much to much of their business.. as is katt williams. and many others who we will never hear from again. at least not in the business. that is their purpose in owning everything
If he is dead then he can commit crimes. Who are they gonna indict?
Crazy situation. I would think that substantial justice would allow for the judge to rule that any prior declarations of death were in error. I guess it doesn’t pay to come back from the grave!
Too bad that can’t happen to groups … such as … the T-Party.
Or maybe it has.
Since he isn’t who he was, he would be relieved of all debt. His children get to keep their “death” benefits in lieu of the back child support. He gets a new SS number and life goes on. It will be hard for him to earn enough to reestablish a decent SS check so maybe he just works under the table and does his own saving.
USED to be there was nothing certain except Death and Taxes. Now I guess it’s just Taxes!
Mike,
With regard to income tax, any employer will be required to withhold for taxes. However, that might be a problem without a SS number to file under. Also, an employer cannot knowingly file under a bogus SS number. I don’t know what might happen if the employer used his original SS number, since he is listed as dead on their books.
This reminds me of the legal conundrum a few years ago when, “The entertainer formerly known as Prince,” suddenly appeared on the scene. That grew out of a contract dispute when he discovered he did not own his his own name.
I’m glad Oro Lee offered some insight … “The purpose of court proceedings is “substantial justice,” not getting it right or any noble concept such as truth or fairness. Assuming no fraud was committed upon the court by having Mr. Miller declared dead under Ohio law, the court did not err. Substantial justice is the use of state power to resolve civil disputes with enough justness that folks don’t resort to the old hue and cry.
Could “substantial justice” rulings change with the addition of new facts?
http://www.thecourier.com/Issues/2013/Oct/08/ar_news_100813_story2.asp?d=100813_story2,2013,Oct,08&c=n
“Robin Miller declined to testify on Monday.
She said after the court hearing that Donald Miller left the state with hefty child support bills. He was scared of a jail term, she said.
He owed about $26,000 in overdue child support by 1994, she has said.
Robin Miller opposed his request for a change in the death ruling, because she does not want to repay the Social Security benefits. She does not have the money, she said.
Robin Miller said it would be fine if his Social Security number was reinstated. She said she sympathizes with him, but points to his decisions.
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.”
Actually his status might be seen as a boon to some here, since legally he wouldn’t have to pay income tax.
It is rare when science fiction and legal fiction team up to wow up.
I had a case where a mother living in near poverty conditions was seeking to have her son declared dead in order to collect on a a rather small life insurance policy on which she had been paying the premium for the 12 years her son had been missing. The insurance company fought tooth and nail not to pay.
Its investigator even filed a report that a certain person in San Francisco who had a similar name and ssn might be her son. The person was a female, having had a sex re-assignment. Thankfully, the report also indicated that she was of a different race. The insurance company still wanted the mother to get a DNA sample!
Just prior to trial, the company offered to settle if the mother agreed to repay the the benefits if her son later turned up alive. I urged her to refuse but she said what’s paying back some money compared to getting her boy back.
The purpose of court proceedings is “substantial justice,” not getting it right or any noble concept such as truth or fairness. Assuming no fraud was committed upon the court by having Mr. Miller declared dead under Ohio law, the court did not err. Substantial justice is the use of state power to resolve civil disputes with enough justness that folks don’t resort to the old hue and cry.
Mr. Miller’s legal status as alive will be restored, but his problems will be far from over. The same goes for members of his family. My concern is that the US will seek to recover death benefits from those to whom they have been paid.
We had a moronic judge like this in Parker County, Texas. He was kicked out of office. He would like for me to mention his name, I will not.
ROTFLOL. Truly hilarious example of when the law gets it wrong.
Davis said that there was nothing he could do.
Could do, or would do??
Reblogged this on Brittius.com.
If he had been wanted on murder charges, would the court have said he could not be detained on the grounds that he was already dead?
I could only recall the great Monty Python ‘Bring out your dead’ bit..: http://www.youtube.com/watch?v=grbSQ6O6kbs
Truly moronic…..
The next thing that will likely occupy the frantically overworked Judge may be “The Gospel” according to a Criminal Lawyer, that his Widow has done nothing wrong by, and is innocent of his murder, as you legally can’t kill someone who is already legally dead……..