Theodore G. Williams v. William Meyer

346 F.3d 607, 2003 U.S. App. LEXIS 19712, 2003 WL 22207870
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 25, 2003
Docket01-1951
StatusPublished
Cited by66 cases

This text of 346 F.3d 607 (Theodore G. Williams v. William Meyer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Theodore G. Williams v. William Meyer, 346 F.3d 607, 2003 U.S. App. LEXIS 19712, 2003 WL 22207870 (6th Cir. 2003).

Opinions

OBERDORFER, D.J., delivered the opinion of the court, in which DAUGHTREY, J., joined. BOGGS, J. (p. 617), delivered a separate dissenting opinion.

OPINION

OBERDORFER, District Judge.

Theodore G. Williams, the petitioner, appeals the district court’s order denying his [609]*609motion for relief from judgment. The district court entered judgment, denying Williams’ petition for habeas relief, after Williams failed to timely file objections to the magistrate’s report and recommendation. Williams has demonstrated that his failure to timely file his objections was the result of “excusable neglect,” entitling him to relief. Accordingly, we reverse and remand.

I. BACKGROUND

A. Relevant Statutory Provisions

1. Michigan’s Criminal Sexual Psychopath Act

Until its repeal, effective August 1,1968, Michigan’s Criminal Sexual Psychopath Act (the “Sexual Psychopath Act”), Mich. Comp. Laws Ann. §§ 780.501-.509 (West 1968), repealed by 1968 Mich. Pub. Acts 148 (Aug. 1,1968), provided that a criminal defendant in Michigan who was designated a “criminal sexual psychopathic person” would be committed to the custody of the state hospital commission to be confined in an appropriate state institution. Id. § 780.505. A criminal sexual psychopathic person was defined as “[a]ny person who is suffering from a mental disorder and is not feeble-minded, which mental disorder is coupled with criminal propensities to the commission of sexual offenses.”1 Id. § 780.501. After the Sexual Psychopath Act was repealed, the Michigan Supreme Court ordered that the discharge of persons in custody pursuant to the Act would continue to be governed by the Act’s discharge provisions until further legislative clarification. Admin. Order 1969-4, 382 Mich, xxix (1969). As no such clarification ever occurred, the Act’s discharge provisions have continued to apply to such persons. Under those provisions (section 7 of the Act as enacted), a person in custody “shall be discharged only after there are reasonable grounds to believe that such person has recovered from such psychopathy to a degree that he will not be a menace to others.” Mich. Comp. Laws. Ann. § 780.507 (West 1968).

2. Michigan’s Mental Health Code

With the exception of persons committed pursuant to the Sexual Psychopath Act, Michigan’s Mental Health Code governs the commitment and discharge of persons in the custody of the Michigan Department of Mental Health. Mich. Comp. Laws Ann. § 330.2050(5) (West 2003). Under the Mental Health Code, a person must be discharged when “the patient’s mental condition is such that he or she no longer meets the criteria of a person requiring treatment.” Id. § 330.1476(2). A “person requiring treatment” is defined as an individual “who has mental illness” and (1) who as a result of that illness can reasonably be expected within the near future to intentionally or unintentionally seriously injure himself or herself or another individual; (2) who as a result of that illness is unable to attend to his or her basic physical needs necessary to avoid serious harm in the near future; or (3) whose judgment is so impaired that he or she is unable to understand the need for treatment and whose continued behavior can reasonably be expected, on the basis of competent clinical opinion, to result in significant physical harm to himself or herself or others. Id. § 330.1401. Mental illness is defined as “a substantial disorder or thought or mood that significantly impairs judgment, behavior, capacity to recognize [610]*610reality, or ability to cope with the ordinary demands of life.” Id. § 330.1400(g).

B. Facts

In October 1967, Theodore Williams, the petitioner, entered a plea of guilty in Michigan state court to a charge of first degree murder. Prior to sentencing, Williams was designated a “criminal sexual psychopath,” under the then-applicable Sexual Psychopath Act, and committed to the custody of a state mental hospital. He was initially discharged in September 1973, but he was returned to custody in 1979, following a determination by the Michigan Supreme Court that he had been improperly released.2 See People v. Williams, 406 Mich. 909 (1979). From then until the present, he has remained in the custody of the Michigan Department of Mental Health. He has filed a number of petitions for discharge pursuant to section 7 of the repealed Sexual Psychopath Act, all of which have been denied. Today, he is the only person remaining in the custody of the Michigan Department of Mental Health who was committed under, and whose discharge is governed by, the Sexual Psychopath Act.

C. Procedural History

1. State Proceedings

The present action began with the petition for discharge Williams filed on September 19, 1991. In addition to seeking discharge under section 7 of the Sexual Psychopath Act, Williams contended that the application of section 7 violated his constitutional rights to due process and equal protection. On July 29, 1993, the state circuit court rejected Williams’ constitutional challenges. JA 77-100 (People v. Williams, No. 67-4411 FY (Allegan County, Mich. Cir. Ct. July 29, 1993)). On June 13, 1994, at the conclusion of a series of evidentiary hearings, it orally denied Williams’ petition. A subsequent written order stated that “it was established by clear and convincing evidence that the defendant has not recovered from his criminal sexual psychopathy to a degree that he will not be a menace to others.” JA 103.

The Michigan Court of Appeals affirmed. It ruled that the constitutional challenges were without merit and that the circuit court had not clearly erred in deny[611]*611ing discharge. See JA 105-111 (People v. Williams, 228 Mich.App. 546, 580 N.W.2d 438, 441-44 (1998)). On November 24, 1998, the Michigan Supreme Court denied Williams’ application for leave to appeal. See People v. Williams, 459 Mich. 914, 589 N.W.2d 287 (1998).

2. Federal Collateral Proceedings

After the state circuit court rejected his constitutional claims in 1998, Williams filed a petition in federal district court seeking habeas relief under 28 U.S.C. § 2254. On January 5, 1995, the district court dismissed the petition, pending final resolution of the state court proceedings. The case was reopened on January 14, 1999, after the Michigan Supreme Court denied Williams’ application for leave to appeal. The district court appointed counsel to review, and amend as necessary, Williams’ petition. Williams filed an amended petition on October 13, 2000, claiming that requiring him to seek discharge under section 7 deprived him of his constitutional rights to due process and equal protection. His due process claim had two components. First, he claimed that section 7 failed to satisfy the requirements of constitutional due process because it only required the state to prove a predisposition toward, not a “likelihood” of, future dangerousness, in conflict with the due process principles established by the Supreme Court in Kansas v. Hendricks,

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346 F.3d 607, 2003 U.S. App. LEXIS 19712, 2003 WL 22207870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theodore-g-williams-v-william-meyer-ca6-2003.