Herman Francois, Petitioner-Appellee/cross-Appellant v. Murray Henderson, Respondent-Appellant/cross-Appellee

POLITZ, Circuit Judge:

Today’s opinion occasions a revisiting of our decision in Jackson v. Foti, 670 F.2d 516 (5th Cir.1982), in which we upheld as constitutional the provisions of Louisiana law relating to the confinement in mental institutions of persons acquitted of crimes by reason of insanity. Although, as discussed herein, a recent change in Louisiana law has removed the provisions involving insanity-acquittees from the constitutional umbrella raised in Jackson v. Foti, we are not now obliged to hold that the present Louisiana procedures violate the due process and equal protection…