Brown v. Wyrick
Brown v. Wyrick
Opinion of the Court
Henry Brown and Armmon Lee Lang, inmates of the Missouri State Penitentiary, separately filed petitions in the Circuit Court of Cole County for change of name under Rule 95. Henry Brown sought to have his name changed to Sha-Sha Malik Olugbala.
Donald Wyrick, Warden of the Missouri State Penitentiary, Donald Jenkins, Director of the Missouri Division of Corrections, Colonel A. R. Lubker, Superintendent of the Missouri Highway Patrol, and the State of Missouri jointly filed motions to intervene in each case pursuant to Rule 52.12(a)(2), and leave to do so was granted by the trial court. Petitioners and interve-nors stipulated that the cases be consolidated for “hearing”, and the trial court so ordered. At the conclusion of an evidentia-ry hearing the respective petitions for change of name were denied by the trial court and each petitioner separately appealed. The separate appeals were consolidated by order of this court.
The petitioners, in a joint brief, raise four points of error on appeal: (1) the trial court erred in “granting intervenors the right to intervene pursuant to Rule 52.12”; (2) the trial court applied erroneous “standards” in determining that the individual requests for change of name were “improper” and “detrimental” to the interests of the interve-nors; (3) the trial court erred in denying each petitioner’s request for change of name because the evidence showed that any harm, inconvenience or detriment to inter-venors would, “at most”, be “minimal”, and thereby failed to rise “to the level of evidence necessary under Missouri law to justify the court’s denial of petitioners’ name change request”; and (4) the trial court erred in permitting Donald Wyrick, Warden of the Missouri State Penitentiary, to testify that petitioner Brown was a “known dangerous man” because “no foundation” was laid to show how Wyrick “arrived at his conclusion” and said testimony “unfairly prejudiced the court’s findings of fact and conclusions of law.”
Disposition of petitioners’ first point— that the trial court erred in granting leave to intervenors to intervene — focuses upon Rule 52.12(a)(2) which reads as follows: “(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: ... (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.”
Rule 52.12(a)(2), in plain language and as judicially interpreted, requires persons seeking to intervene to show (a) an “interest” in the subject matter of the litigation, (b) that they are “so situated that disposition of the action may as a practical matter impair or impede” their “ability” to “protect” their interest, and (c) their “interest” is not adequately represented by the existing parties. State, Etc., v. City of St. Joseph, 579 S.W.2d 804, 806 (Mo.App. 1979); and Toombs v. Riley, 591 S.W.2d 235 (Mo.App. 1979). Petitioners rest their first point on the alleged failure of intervenors to satisfy requirement (a), i.e., that they had an “interest” in the change of name proceedings.
The court in State, Etc. v. City of St. Joseph, supra, at 806, discussing present Rule 52.12 vis-a-vis former Rule 52.11, observed that in this state the “general rule” has always been that statutes or rules pertaining to intervention “should be liberally construed to permit broad intervention”. The court also observed, however, that present Rule 52.12 amending former Rule 52.11 did not change or eliminate the requirement that a person seeking to intervene has an interest in the subject of the litigation. 579 S.W.2d at 806-07. In the course of doing so, the court went to some length to point out that the analysis in State ex rel. Farmers Mutual Automobile Insurance Co. v. Weber, 364 Mo. 1159, 273 S.W.2d 318 (Mo.banc 1954), as to what constituted an “interest” in the subject of the litigation was still valid. 579 S.W.2d at 807. State ex rel. Farmers Mutual Automobile Insurance Co. v. Weber, supra, analyzed “interest” in the subject of the litigation in the context of Section 507.090, RSMo 1949, the statutory precursor of former Rule 52.-11 and present Rule 52.12. The court in Weber concluded, in part, that “such ‘interest’ does not include a mere consequential, remote or conjectural possibility of being in some manner affected by the result of the original action.” 273 S.W.2d at 321. Legal analysis of “interest” in the subject of the litigation in conjunction with present Rule 52.12(a) took on an additional dimension in the more recent case of Toombs v. Riley, supra, 591 S.W.2d at 236: “The amended Rule 52.12(a)(2) rescripts the federal Rule 25(a)(2) and adopts its rationale: to divert inquiry from doctrinaire principles of res judicata to practical considerations to determine the interest which qualifies for intervention. . . . The interest for intervention under amended Rule 52.12(a)(2), therefore, is a practical direction for the disposition of litigation to encompass as many presumptively affected persons as may be compatible with the avoidance of multiple suits and the demands of due process.”
Petitioners imply that under Rule 95.01 (present Rule 95.04) the trial court was exclusively burdened to sua sponte ferret out potential detriment to third persons in change of name proceedings. Neither former Rule 95.01 nor present Rule 95.04 are susceptible of such a tortured construction. Although a trial court may inquire into the matter, doing so is not exclusively within its province and intervention is a proper procedural vehicle to avoid putting the trial court in a complete adversary position. The trial court properly noted that the joint motions to intervene facially demonstrated that intervenors possessed the requisite interest to justify intervention. Evidence introduced by intervenors at the hearing, infra, vindicated the ruling of the trial court. Although never mentioned by any of the parties, the statutorily prescribed duties of the Warden of the Missouri State Penitentiary, Section 216.390, RSMo 1978, the Director of the Division of Corrections, Sections 216.020(6) and 216.220, RSMo 1978, and the Superintendent of the Missouri State Highway Patrol, Section 43.030 and 43.120(4), RSMo 1978, also serve to support their claims of an “interest” in the subject of the litigation. Accordingly, petitioners’ first point is not well taken.
Petitioners’ second and third points have such a patent affinity that they lend themselves to being discussed and disposed of jointly. Essentially, petitioners contend that the evidence introduced by intervenors, as gauged by prevailing standards, merely showed that the requested change of names would have a minimal effect upon interve-nors, and fell woefully short of showing a detrimental effect upon intervenors.
Petitioners rely upon Matter of Natale, 527 S.W.2d 402 (Mo.App. 1975), and In Re Reed, 584 S.W.2d 103 (Mo.App. 1979), in support of their position. In Matter of Natale, supra, the trial court denied a married woman’s request to change her surname to one other than that of her husband. The wife’s petition was accompanied by an affidavit from her husband concurring in her request for change of name. The testimony of the wife was the only evidence offered at the hearing conducted by the trial court. Nevertheless, the trial court, absent any supporting evidence, summarily concluded that petitioner’s ongoing marriage constituted prima facia evidence of a detriment to creditors and denied her petition for change of name. The judgment of the trial
A plethora of evidence was introduced by intervenors to substantiate their position that granting the requested change of names would be detrimental to the administration of the penal system and law enforcement in general. Some of this evidence met the criterion of substantiality and, as is true in many cases, some fell short of doing so. Findings of fact and conclusions of law entered by the trial court to support denial of the requests for change of names reflect that it sifted the substantial evidence from the unsubstantial evidence and relied upon the former rather than the latter. A capsule description of evidence which the trial court had before it to rely upon follows. When an inmate is initially processed into the Missouri State Penitentiary a “face sheet” is prepared containing his name, as shown by the judgment of conviction, a description of the individual, the crime for which he was convicted, his fingerprints, and an assigned prison “register number”. Copies of the “face sheet” are disseminated to various units of the
The maintenance of accurate records, both from the standpoint of internal security and operational efficiency, plays a vital role in administering correctional institutions. Dire consequences flow when either is jeopardized. The desire of petitioners to change their names, however well motivated, must yield to the harm which the evidence bears out would be inflicted on the Missouri State Penitentiary if they were permitted to change their names while still members of the prison population. The destructive aftermath of doing so outweighs any advantages that might inure to petitioners. On the basis of the record on appeal, the trial court cannot be said to have abused its discretion in refusing to grant the requested change of names on the ground that doing so would be detrimental to intervenors. The resultant confusion and record keeping problems which would follow if petitioners’ requests had been granted cannot be lightly passed off as consequential, remote or conjectural in nature in terms of “detriment” as contextually used in former Rule 95.01 and present Rule 95.04. Under the tenet of appellate review laid down in Murphy v. Carron, 536 S.W.2d 30 (Mo.Banc 1976), petitioners’ second and third points afford no basis for relief.
Petitioners’ fourth and final point faults the trial court for permitting Warden Wyrick to testify that petitioner Brown was a “known dangerous man”. Ironically, counsel for petitioners elicited this testimony from-Warden Wyrick on cross-examination without objection or motion to strike on grounds that it was unresponsive or otherwise inadmissible. Under these circumstances, petitioners’ fourth and final point presents nothing for appellate review. Le Grand v. U-Drive-It Co., 247 S.W.2d 706, 714 (Mo. 1952); and State v. Warner, 361 S.W.2d 159, 163 (Mo.App. 1962).
Judgments affirmed.
All concur.
. According to Brown’s testimony, Sha-Sha “means King of Kings”, Malik “means king, or ruler”, and Olugbala “means the savior of the people.”
. According to Lang’s testimony, Tilib “means student, seeker”, and Zihure “is a name given to a particular small people in African villages who are known as peaceful people.”
.Rule 52.12 was renumbered from Rule 52.11 and amended April 21, 1972, effective Dec. 1, 1972. Former Rule 52.11(a)(2) read as follows: “(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in
. Former Rule 95.01 was amended June 10, 1980, effective Jan. 1, 1981, and the quoted portion thereof, in substance, is now contained in Rule 95.04 which reads as follows: “The court shall order the desired change of name if it finds that the change would be proper and not detrimental to the interests of any other person.”
Reference
- Full Case Name
- Henry BROWN v. Donald WYRICK, Warden Missouri State Penitentiary Donald Jenkins, Director Missouri Division of Corrections A. R. Lubker, Superintendent Missouri Highway Patrol and State of Missouri, Intervenors-Respondents Armmon Lee LANG v. Donald WYRICK, Warden Missouri State Penitentiary Donald Jenkins, Director Missouri Division of Corrections A. R. Lubker, Superintendent Missouri Highway Patrol and State of Missouri, Intervenors-Respondents
- Cited By
- 3 cases
- Status
- Published