Judge tells living man that he’s still legally dead

The Sideshow





Judge Allan Davis called it a "strange, strange situation," but he also said the court cannot budge in its decision.


Each state can make its own laws regarding declaring someone legally dead. Most generally rely on a similar set of criteria: that someone is missing and presumed dead if they can't be located for at least seven years, the absence has been continuous and a genuine effort has been made to locate the person.


"It kind of went further than I ever expected it to," Miller told the court. "I just kind of took off, ended up in different places.”


"My client's here on a wing and a prayer today," Marley said.


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


Despite Miller’s efforts to come clean with the court, Davis said there is a three-year legal limit for reversing a death ruling.

However, Miller said he wasn’t even aware of his legal “death” until his parents told him about it when he finally returned to Ohio in 2005.