In the Matter of the Application of: Bradley Stephen Boone for a Change of Name.
Nicollet County District Court File No. 52-CV-17-207
Perl, Eren Sutherland, Mid-Minnesota Legal Aid/Minnesota
Disability Law Center, Minneapolis, Minnesota (for appellant
Bradley Stephen Boone)
Considered and decided by Reilly, Presiding Judge; Schellhas,
Judge; and Florey, Judge.
absence of an objection by the prosecuting authority, a court
may not deny a felon's name-change petition on the basis
of the factors set forth in Minn. Stat. § 259.13 (2018).
Bradley Stephen Boone appeals from the district court's
denial of hername-change application. Boone, a felon,
complied with the notice requirements for name-change
petitions set out in Minn. Stat. § 259.13. The
prosecuting authority submitted a letter indicating no
objection to the name change, but, in its order denying
Boone's application, the district court concluded that
Boone had not shown by clear and convincing evidence that her
application would not compromise public safety and therefore
denied her petition. Because, in the absence of an objection
by the prosecuting authority, the plain language of Minn.
Stat. § 259.13 does not allow a court to deny a
felon's name-change petition on the basis of the factors
set forth in Minn. Stat. § 259.13, we reverse and
November 2017, Bradley Stephen Boone applied for a name
change in Nicollet County, where she resides. Boone has two
felony convictions, one from 1994 and the other from 1996,
both of which were prosecuted in Stearns County. In April
2017, Boone served notice of her name-change petition on the
Stearns County attorney's office, as required by Minn.
Stat. § 259.13, subd. 1(a). Stearns County sent its
response to the district court by letter in May 2017, stating
it had "no objection" to Boone's request for a
name change. In December 2017, a hearing was held. Boone
called two witnesses. Both witnesses testified to Boone's
identity, her residence in Nicollet County and Minnesota for
at least six months, and to their opinion that Boone was not
seeking a name change to defraud anyone. Boone testified that
she does not own real estate, that she is civilly committed
in St. Peter as part of the Minnesota sex offender program,
and that she has felony convictions from the 1990s. The
district court took the application under advisement.
February 2018, the district court issued its decision denying
Boone's name-change application. The district court
reasoned that, while Boone had met the first three of the
four factors set forth in section 259.13, subdivision 3, she
had not shown by clear and convincing evidence that her
application would not compromise public safety.
district court err in denying Boone's name-change
application by improperly applying ...