Foucha (defendant) was charged by the state of Louisiana with aggravated burglary and illegal discharge of a firearm, but was found not guilty at his trial by reason of insanity. He was then committed to a mental institution in Louisiana until doctors determined that he was able to be released. The superintendent of the institution recommended that he be released, but the trial judge’s panel of doctors determined that he was “too dangerous” to himself and to others to warrant a release because of his antisocial personality. The Louisiana Supreme Court affirmed this refusal of release, and Foucha petitioned the United States Supreme Court to allow his release due to violations of due process and equal protection. The United States Supreme Court granted certiorari.