FOUCHA v. LOUISIANA

No. 90-5844.

504 U.S. 71 (1992)

FOUCHA v. LOUISIANA

United States Supreme Court.

Decided May 18, 1992.


Attorney(s) appearing for the Case

James P. Manasseh argued the cause for petitioner. With him on the briefs was Martin E. Regan, Jr.

Pamela S. Moran argued the cause for respondent. With her on the brief was Harry F. Connick.*

White, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II, in which Blackmun, Stevens, O'Connor, and Souter, JJ., joined, and an opinion with respect to Part III, in which Blackmun, Stevens, and Souter, JJ., joined. O'Connor, J., filed an opinion concurring in part and concurring in the judgment, p. 86. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., joined, p. 90. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, p. 102.


Justice White delivered the opinion of the Court, except as to Part III.

When a defendant in a criminal case pending in Louisiana is found not guilty by reason of insanity, he is committed to a psychiatric hospital unless he proves that he is not dangerous. This is so whether or not he is then insane. After commitment, if the acquittee or the superintendent begins release proceedings, a review panel at the hospital makes a written report on the patient's mental condition...

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