Jordan v. Commonwealth, 295 Va. 70

Summary

The Supreme Court of Virginia affirmed the denial of Brian Wendall Jordan’s petition to change his name while incarcerated. The court held that Virginia Code § 8.01-217(D) gives trial courts broad discretion over name-change petitions by inmates and found no abuse of discretion in denying the petition based on the seriousness of Jordan’s offenses, law-enforcement considerations, and the absence of a religious impediment.

Holdings

1. For inmates, probationers, and persons required to register as sex offenders, Code § 8.01-217(D) gives the court discretion to grant or deny a name-change petition even when the change would not frustrate a legitimate law-enforcement purpose, is not sought for a fraudulent purpose, and would not infringe the rights of others.
2. The circuit court did not abuse its discretion by denying Jordan's name-change petition based on the gravity and brutality of his crimes, the interests of victims and their families, and the need to avoid confusion about his identity.

Questions Presented

1. Whether the circuit court abused its discretion in denying an inmate's petition for a name change under Code § 8.01-217(D).
2. Whether Code § 8.01-217(D) requires a court to grant an inmate's name-change petition when the statutory disqualifying circumstances are absent.
3. Whether the circuit court properly exercised its discretion in concluding that Jordan should retain his given name because of the gravity of his offenses and the interests of victims and law enforcement.

Disposition

affirmed