Legal Opinion

State v. Boudreaux

Supreme Court of Louisiana

Decided September 25, 1992No. 92-KK-0211PublishedCited by 6 opinions

1Opinion of the Court

605 So.2d 608 (1992)

STATE of Louisiana

v.

Louis D. BOUDREAUX.

No. 92-KK-0211.

Supreme Court of Louisiana.

September 25, 1992.

2Per curiam

Granted, vacated, and remanded.

An insanity acquittee confined by the state is entitled to release when he has recovered his sanity or is no longer dangerous, i.e., he may be held as long as he is both mentally ill and dangerous but no longer. Moreover, even if his continued confinement is constitutionally possible, the state may continue confinement only if it shows by clear and convincing evidence that he is mentally ill and dangerous. Foucha v. Louisiana, ___ U.S. ___, 112…

Also in this document: Concurrence.

3Cases cited3 opinions

  1. Foucha v. LouisianaSupreme Court of the United States · 1992
  2. State v. SumlinLouisiana Court of Appeal · 1992
  3. State v. PerezSupreme Court of Louisiana · 1990

4Cited by6 opinions

  1. State v. MetzSupreme Court of Connecticut · 1994
  2. State v. SumlinLouisiana Court of Appeal · 1992
  3. State v. PerezSupreme Court of Louisiana · 1995
  4. Hearne v. United StatesDistrict of Columbia Court of Appeals · 1993
  5. State v. PerezLouisiana Court of Appeal · 1993

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