Author Topic: Man declared 'dead' loses court battle to come back to life, get SS  (Read 4987 times)


nawhite

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #1 on: October 14, 2013, 03:58:24 PM »
So there are a lot of negatives to being legally dead. You can't collect Social Security. Health insurance will be really tough to get. You can't confirm your identity to a bank so the IRS will take like 15% of the interest you make on bank accounts.

But there have to be positives too. How do you game this "legally?" His kids are getting benefits but what about for him? He is legally dead, can you arrest a dead man? Can you collect taxes from a dead man? Can a dead man be sued? Can dead men lose gambling debts?

NumberJohnny5

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #2 on: October 14, 2013, 08:36:00 PM »
But there have to be positives too. How do you game this "legally?" His kids are getting benefits but what about for him? He is legally dead, can you arrest a dead man? Can you collect taxes from a dead man? Can a dead man be sued? Can dead men lose gambling debts?

I'm sure that for anything big, they'd figure out a way to prosecute. But I'd definitely try to take full advantage if I were in that situation.

Judge: "You've been charged with driving 55 in a 45, in an unregistered car, with no license. How do you plead?"

Me: "Dead, your honor."

Judge: "Um...excuse me?"

Me: "I'd like to plead dead, your honor."

Judge: "That's not a valid...you're obviously not dead. Now answer me properly, do you plead innocent or guilty?"

Me: "I apologize judge, but I was at this very court last year, to plead that I was in fact alive. However, the Honorable Judge So-and-So ruled that I was, in fact, dead. I have with me my official death certificate, along with the ruling that I am, in fact, dead."

Judge: *Looks over the papers* "Hell, I don't have time for this bullsh...dismissed! Next!"

Next Defendant: "Um, can I plead dead like the last guy?"

willn

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #3 on: October 15, 2013, 01:22:06 PM »
Quote
“I don’t know where that leaves you, but you’re still deceased as far as the law is concerned,” Judge Davis told Miller on Monday.

The judge is a small minded moron.  All he had to do was declare him living and nullify any death certificate as inaccurate.  Where do they get these guys?

nawhite

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #4 on: October 15, 2013, 03:22:50 PM »
Quote
“I don’t know where that leaves you, but you’re still deceased as far as the law is concerned,” Judge Davis told Miller on Monday.

The judge is a small minded moron.  All he had to do was declare him living and nullify any death certificate as inaccurate.  Where do they get these guys?

Have to say I disagree. A Judge's hands are tied on the law. The law specifically said that if you are declared dead for 3 years, you can't be undelcared dead. Plain and simple. If the judge had said that the man was alive, he would have violated the law. This is why the legislative branch can re-write laws. The man's appropriate response now is to contact his representatives and go to their office and explain his situation. They should then propose a bill which nullifies the 3 year stipulation and the legislature should vote on it.

Or the man could bring suit against the state for loss of benefits due to an unconstitutional law. Seems like a 4th amendment case perhaps.

Its not the judge's fault that the legislature did not think of this eventuality when they wrote the law in the first place. It is the judge's job to interpret the law which clearly says that he can't declare someone un-dead if they have been dead for 3 years.

brewer12345

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #5 on: October 15, 2013, 03:36:17 PM »
Quote
“I don’t know where that leaves you, but you’re still deceased as far as the law is concerned,” Judge Davis told Miller on Monday.

The judge is a small minded moron.  All he had to do was declare him living and nullify any death certificate as inaccurate.  Where do they get these guys?

Have to say I disagree. A Judge's hands are tied on the law. The law specifically said that if you are declared dead for 3 years, you can't be undelcared dead. Plain and simple. If the judge had said that the man was alive, he would have violated the law. This is why the legislative branch can re-write laws. The man's appropriate response now is to contact his representatives and go to their office and explain his situation. They should then propose a bill which nullifies the 3 year stipulation and the legislature should vote on it.

Or the man could bring suit against the state for loss of benefits due to an unconstitutional law. Seems like a 4th amendment case perhaps.

Its not the judge's fault that the legislature did not think of this eventuality when they wrote the law in the first place. It is the judge's job to interpret the law which clearly says that he can't declare someone un-dead if they have been dead for 3 years.

"Here is your backdated new birth certificate.  Congratulations on sobering up and getting on with your life, sir."

Case closed.

willn

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #6 on: October 15, 2013, 07:16:44 PM »
Quote
Have to say I disagree. A Judge's hands are tied on the law. The law specifically said that if you are declared dead for 3 years, you can't be undelcared dead. Plain and simple. If the judge had said that the man was alive, he would have violated the law. This is why the legislative branch can re-write laws. The man's appropriate response now is to contact his representatives and go to their office and explain his situation. They should then propose a bill which nullifies the 3 year stipulation and the legislature should vote on it.

And if he'd just quietly ruled in the guys favor, who would argue?  The state's attorney?  I can hear some asshole AG now "IT"S a gross miscarriage of justice!  This man is barely breathing!"


Psychstache

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #7 on: October 15, 2013, 07:40:55 PM »
Quote
Have to say I disagree. A Judge's hands are tied on the law. The law specifically said that if you are declared dead for 3 years, you can't be undelcared dead. Plain and simple. If the judge had said that the man was alive, he would have violated the law. This is why the legislative branch can re-write laws. The man's appropriate response now is to contact his representatives and go to their office and explain his situation. They should then propose a bill which nullifies the 3 year stipulation and the legislature should vote on it.

And if he'd just quietly ruled in the guys favor, who would argue?  The state's attorney?  I can hear some asshole AG now "IT"S a gross miscarriage of justice!  This man is barely breathing!"

The article did mention his 'widow' not wanting him to be declared alive so she could avoid having to pay back the SS survivor benefits.

Paul der Krake

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #8 on: October 15, 2013, 07:47:04 PM »
Now THAT is a race condition...

More seriously, what an impossible situation this must be for all parties. Daytime TV shows would be having a field day if they could get all of them in a room.

Angelfishtitan

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Re: Man declared 'dead' loses court battle to come back to life, get SS
« Reply #9 on: October 16, 2013, 03:13:31 PM »
Now THAT is a race condition...

More seriously, what an impossible situation this must be for all parties. Daytime TV shows would be having a field day if they could get all of them in a room.

This week on Jerry Springer: "My Ex is a Zombie!"

Well based on the article I certainly believe he doesn't have a working brain.