Gordon Jay Quist | |
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Senior Judge of the United States District Court for the Western District of Michigan | |
Assumed office January 1, 2006 | |
Judge of the United States District Court for the Western District of Michigan | |
In office June 30,1992 –January 1,2006 | |
Appointed by | George H. W. Bush |
Preceded by | Seat established by 104 Stat. 5089 |
Succeeded by | Robert James Jonker |
Personal details | |
Born | Grand Rapids,Michigan,U.S. | November 12,1937
Education | Michigan State University (BA) George Washington University (JD) |
Gordon Jay Quist (born November 12,1937) is a senior United States district judge of the United States District Court for the Western District of Michigan.
Quist was born in Grand Rapids,Michigan. He received a Bachelor of Arts degree from Michigan State University in 1959 and a Juris Doctor from George Washington University Law School in 1962. He was in private practice in Washington,D.C. from 1962 to 1964. He was in private practice in Chicago,Illinois from 1964 to 1966 and in Grand Rapids from 1967 to 1992. [1]
On March 20,1992,Quist was nominated by President George H. W. Bush to a new seat on the United States District Court for the Western District of Michigan created by 104 Stat. 5089. Quist was confirmed by the United States Senate on June 26,1992,and received his commission on June 30,1992. He assumed senior status on January 1,2006. [1] He assumed inactive senior status effective January 1,2023. [2]
In 2009,Quist reversed a ruling he had earlier made denying an American reservist the right to sue for relief after agents of Deutsche Bank had illegally foreclosed on the reservist's house (in violation of the Servicemembers Civil Relief Act). Quist subsequently ruled that punitive damages against Deutsche Bank and its agents were not warranted. [3]
On December 27,2011,Quist ruled that homeless sex offenders may stay overnight at shelters near schools in Grand Rapids despite a state law prohibiting them from living within 1,000 feet of a school. Quist rejected a request for an injunction to prevent enforcement of provisions of the Sex Offenders Registration Act and student safety zones. He determined that homeless people do not "reside" in emergency shelters if they go there only at night to sleep and have no guarantee of a place to stay on a given night. [4]
On December 18,2014,a federal appeals panel reversed [5] a previous ruling by Judge Quist that had prevented a man from owning a firearm because he had been committed to a psychiatric hospital on January 2,1986 following "an emotionally devastating divorce." Tyler was crying non-stop,not sleeping,depressed,and suicidal at this time. A probate court involuntarily committed the then-43-year-old to a treatment facility. Judge Quist originally granted the federal government's request to dismiss Tyler's case,determined that lawmakers purposely made it difficult for those with mental illness in their past,no matter how long ago,to legally own a gun. [6] Recent psychiatric evaluations showed that Tyler,who has no criminal record,isn't a risk to himself or others,and has no substance-abuse issues. [7] The panel said Congress,through its relief-from-disabilities program,has already decided that not all previously committed to a mental institution are so dangerous that they are permanently denied a right to a firearm. Tyler was denied access to relief because the state he lived in had no such programs.
The insanity defense,also known as the mental disorder defense,is an affirmative defense by excuse in a criminal case,arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation,in which the defendant is responsible,but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel,from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty,and from involuntary civil commitment to a mental institution,when anyone is found to be gravely disabled or to be a danger to themself or to others.
Involuntary commitment,civil commitment,or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified person to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs,including involuntary administration. In many jurisdictions,people diagnosed with mental health disorders can also be forced to undergo treatment while in the community;this is sometimes referred to as outpatient commitment and shares legal processes with commitment.
Lee Boyd Malvo,also known as John Lee Malvo,is an American convicted murderer who,along with John Allen Muhammad,committed a series of murders dubbed the D.C. sniper attacks over a three-week period in October 2002. Malvo was aged 17 during the span of the shootings. He is serving multiple life sentences at Red Onion State Prison in Virginia,a supermax prison. Muhammad was executed in 2009.
Printz v. United States,521 U.S. 898 (1997),was a United States Supreme Court case in which the Court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constitution.
Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that makes the person likely to engage in sexual offenses if not confined in a secure facility. In the United States,twenty states,the federal government,and the District of Columbia have a version of these commitment laws,which are referred to as "Sexually Violent Predator" (SVP) or "Sexually Dangerous Persons" laws.
Napoleon Beazley was an American convicted murderer executed by lethal injection by the State of Texas for the murder of 63-year-old businessman John Luttig in 1994.
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27,2006. The Walsh Act organizes sex offenders into three tiers according to the crime committed,and mandates that Tier 3 offenders update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration,and Tier 1 offenders must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. States are required to publicly disclose information of Tier 2 and Tier 3 offenders,at minimum. It also contains civil commitment provisions for sexually dangerous people.
Samuel James "Jimmy" Ryce was a child who was abducted,raped,and killed by Juan Carlos Chavez in Redland,Florida,United States. On Wednesday,February 12,2014,Chavez was executed at Florida State Prison in Raiford.
Ewing v. California,538 U.S. 11 (2003),is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. As in its prior decision in Harmelin v. Michigan,the United States Supreme Court could not agree on the precise reasoning to uphold the sentence. But,with the decision in Ewing and the companion case Lockyer v. Andrade, the Court effectively foreclosed criminal defendants from arguing that their non-capital sentences were disproportional to the crime they had committed.
Panetti v. Quarterman,551 U.S. 930 (2007),is a decision by the Supreme Court of the United States,ruling that criminal defendants sentenced to death may not be executed if they do not understand the reason for their imminent execution,and that once the state has set an execution date death-row inmates may litigate their competency to be executed in habeas corpus proceedings. This decision reaffirmed the Court's prior holdings in Ford v. Wainwright,and Stewart v. Martinez-Villareal.
Atascadero State Hospital, formally known as California Department of State Hospitals - Atascadero (DSHA),is located on the Central Coast of California,in San Luis Obispo County,halfway between Los Angeles and San Francisco. DSHA is an all-male,maximum-security facility,forensic institution that houses mentally ill convicts who have been committed to psychiatric facilities by California's courts. Located on a 700+ acre grounds in the city of Atascadero,California,it is the largest employer in that town. DSHA is not a general purpose public hospital,and the only patients admitted are those that are referred to the hospital by the Superior Court,Board of Prison Terms,or the Department of Corrections.
Foucha v. Louisiana,504 U.S. 71 (1992),was a U.S. Supreme Court case in which the court addressed the criteria for the continued commitment of an individual who had been found not guilty by reason of insanity. The individual remained involuntarily confined on the justification that he was potentially dangerous even though he no longer suffered from the mental illness that served as a basis for his original commitment.
A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders,including those who have completed their criminal sentences. Sex offender registration is usually accompanied by residential address notification requirements. In many jurisdictions,registered sex offenders are subject to additional restrictions,including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. These may include restrictions on being in the presence of underage persons,living in proximity to a school or day care center,owning toys or items targeted towards children,or using the Internet. Sex offender registries exist in many English-speaking countries,including Australia,Canada,New Zealand,the United States,Trinidad and Tobago,Jamaica,South Africa,the United Kingdom,and the Republic of Ireland. The United States is the only country that allows public access to the sex offender registry;all other countries in the English-speaking world have sex offender registries only accessible by law enforcement.
Robert James Jonker is a United States district judge of the United States District Court for the Western District of Michigan.
Woollard v. Sheridan,863 F. Supp. 2d 462,reversed sub. nom.,Woollard v Gallagher,712 F.3d 865,was a civil lawsuit brought on behalf of Raymond Woollard,a resident of the State of Maryland,by the Second Amendment Foundation against Terrence Sheridan,Secretary of the Maryland State Police,and members of the Maryland Handgun Permit Review Board. Plaintiffs allege that the Defendants' refusal to grant a concealed carry permit renewal to Mr. Woollard on the basis that he "...ha[d] not demonstrated a good and substantial reason to wear,carry or transport a handgun as a reasonable precaution against apprehended danger in the State of Maryland" was a violation of Mr. Woollard's rights under the Second and Fourteenth Amendments,and therefore unconstitutional. The trial court found in favor of Mr. Woollard,However,the Fourth Circuit Court of Appeals reversed the trial court and the U.S. Supreme Court declined to review that decision.
Involuntary commitment or civil commitment is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily.
People with mental illnesses are over-represented in jail and prison populations in the United States relative to the general population.
The constitutionality of sex offender registries in the United States has been challenged on a number of state and federal constitutional grounds. While the Supreme Court of the United States has twice upheld sex offender registration laws,in 2015 it vacated a requirement that an offender submit to lifetime ankle-bracelet monitoring,finding it was a Fourth Amendment search that was later ruled constitutionally unreasonable by the state court.
The Oregon Psychiatric Security Review Board (PSRB) supervises people who have successfully asserted the insanity defense to a criminal charge in the state,and grants relief from sex offender registrations for GEI sex offenders and firearm possession bans because of mental health determinations.
The Honorable Stephanie Rhoades served as a District Court Judge in Anchorage,Alaska,from 1992 to 2017. Judge Stephanie Rhoades founded the Anchorage Coordinated Resources Project (ACRP),better known as the Anchorage Mental Health Court (AMHC). AMHC was the first mental health court established in Alaska and the fourth mental health court established in the United States. Legal scholars suggest in the Alaska Law Review that mental health courts are to be considered therapeutic jurisprudence and define crime that deserves therapeutic justice as “a manifestation of illness of the offender’s body or character.”They follow that crime that falls under this definition “should be addressed through treatment by professionals.”