Donald E. Miller, Jr. & Mr. Bumble
As a one-time college literature major, I am repeatedly impressed how certain quotes remain relevant to so many situations, sometimes for centuries. Regular readers will certainly recall my previous citation of the immortal words from Chapter 51 of Charles Dickens’ Oliver Twist:
“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass- a idiot. If that’s the eye of the law . . . the worst I wish the law is, that his eye may be opened by experience- by experience.”
Well, the law of Ohio seems not to be able to be opened by experience, and as a result, Donald E. Miller, Jr., of Findlay, must remain dead, despite his vociferous protests.
In 1986 Mr. Miller left town after losing his job and not being able to cope financially. He left behind his ex-wife Robin, two daughters and thousands of dollars in unpaid child support.
When no one had heard from him eight years later, Robin petitioned to have him declared legally dead and be able to receive his Social Security benefits. This was a perfectly valid and not uncommon legal procedure.
It turns out Mr. Miller was not dead after all and returned to Ohio sometime around 2005 – he’s not sure exactly – and now, at age 61, wants to apply for a driver’s license and a new Social Security card, his old one having been cancelled at his death.
Not unreasonably, dead people are not entitled to driver’s licenses or Social Security cards. So Miller petitioned the Hancock County Probate Court to bring him back to legal life.
But here’s the problem: Once three years have passed in Ohio, a legal declaration of death cannot be reversed, as Judge Allan Davis explained. He was sympathetic to Miller’s desire to be alive, but as he commented, “In the end, though, because of the statute, it was a pretty open-and-shut case.”
According to her attorney, Robin had no personal objection to her ex’s claim on life, but – again not unreasonably – does not have the financial means to return the Social Security death benefits. So while she sympathized and held no ill will against him, prefers that he remain dead.
So unless something changes, such as an appeal to a higher court or an act of the state legislature, Donald Miller will have to remain dead for the foreseeable future.
As weird and humorous as this may be to everyone except the late Mr. Miller, it does bring up a serious point upon which we have harped for a long time: When the law ignores evidence right in front of its face – see West Memphis Three and Amanda Knox cases in Law & Disorder, among others – then truth is a casualty and justice is made into a mockery.
And when that happens, then the law is a . . . well, you know the rest.
The doctrine of ‘mistake’ is well known in British/ American common law. At the time by the best evidence they thought the guy was dead. But, later it turned out he was not…No one’s fault….
The doctrine of ‘mistake’ then comes into play….the clock is ‘reset’ to go along with reality/ accuracy/ the facts.
The prior orders are ‘null and void’ / and or modified from the date the guy was learned alive…prior death payments…stay with those they were paid to…as the error was not their fault (or anyone’s) and so they are ‘immune’.
The Ohio Circuit judge has the power to rule a guy alive just as he has to rule one dead. The fact he says ‘his hands are tied’ in my opinion means he has no business on the bench and…like…he should have maybe paid attention and attended class in law school.
I’m sure the higher courts will take care satisfactorily of this matter…..But it’s…troubling when…so called…learned judges…don’t know their job.
Well, what a relief it must be to the ex-Mrs. Miller not to have the power to decide whether Mr. Miller will or will not be brought back from the dead.
Mr. Miller can now do as millions of illegal immigrants are doing in Texas and live tax-free off the grid, without giving up the benefit of various social services, or he can probably find another country who would be willing to acknowledge that he is alive. He’s been living on something these many years and probably still owes her more than she owes him, to say nothing of the years of therapy those poor kids are going to need after having to adjust first to deadbeat, then dead, and now undead dad. Let’s hope one of them, like yourself has a literary bent.