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Landmark Cases

Case Name: FOUCHA v. LOUISIANA

Date, Location, Cite: 1992 LA
112 S.Ct... 1780
US SUPREME Court

Terry Foucha was a patient at East Feliciana State Hospital (La Maximum Secure) - His chart used "dangerousness" alone to justify stay; Court said this was not enough, needed documentation of Mental illness as well.

Dozens of patient released, most are back in system now; was a procedure problem, but it is important to remember that NGI patients must be both ill and dangerous to continue commitment.

Recently, in LA v. Perez, [94-K-0130, Jan 27, 1995] the LA Supreme Court tightened up the extent to which a District Judge has discretion in the release of an insanity acquittee. Basically, they said that if a person is now stabilized and is not reasonably expected to be dangerous, he/she MUST be released.