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Court split over valid ID requirement for name change

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The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.

John William Resnover and John Arthur Herron, both in their 70s, filed petitions in Marion Circuit Court to change their names to the ones they used after discovering different names on their birth certificates. Resnover’s birth certificate lists his name as John Willie Cheatham; Herron’s lists his name as “Infant Male Payne.” Resnover received an Indiana driver’s license, Social Security card and pension using the Resnover name, and didn’t discover the name discrepancy until his license expired and he tried renewing it.

Herron never received a driver’s license or ID card, but did obtain a Social Security card and selective service card identifying him as Herron. His criminal record also lists him as Herron. He did not discover the name discrepancy until he went to apply for Medicaid.

Both men petitioned for name changes, and the Circuit Court denied the requests. Judge Louis Rosenberg reasoned that neither man provided a valid driver’s license or Indiana-issued ID card.

In In Re the Name Change of John William Resnover and In Re the Name Change of John Arthur Herron, 49A02-1205-MI-364, the Court of Appeals looked at I.C. 34-28-2-2 and decided based on the language that all is required is a valid driver’s license or ID number, not an actual card. The statute stipulates the inclusion of the number for a petition for name change. This will allow Resnover the ability to petition for his name change since he has had a valid license in the past and a unique number assigned to him, Judge Patricia Riley wrote.

But Herron’s case is more challenging because he never had a state-issued driver’s license or ID. He asked the court to interpret the “if applicable” phrase in the statute to mean that one has to present a valid license or ID if one is available. The state, as an amicus, opposed this interpretation, claiming it would “gut the statute” and make requirements of subsection 2.5 discretionary.

Judge Terry Crone agreed with the state on this point and believed that Herron should obtain a license or ID using the name on his birth certificate, and then petition to have his named changed to the one he has used his entire life.

But Riley and Judge L. Mark Bailey interpreted the “if applicable” language to indicate that if the required documentation outlined in subsection 2.5 can’t be submitted to the court, the petitioner is relieved from the necessity to produce the documents.

The majority remanded for further proceedings.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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