ILNews

Court split over valid ID requirement for name change

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT