063052P.pdf   03/10/2008  Frederick Revels  v.  Mary Sanders
   U.S. Court of Appeals Case No:  06-3052
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Shepherd, Author, with Bright and Melloy, Circuit
   Judges]
   Prisoner case - habeas. State court decision affirming a trial court's
   denial of Revels' motion for unconditional release was contrary to the
   Supreme Court of the United States' decision in Foucha v. Louisiana, 504
   U.S. 71 (1992) in that it required Revels to prove both a lack of present
   mental illness and dangerousness; the court's decision further violated the
   substantive protections of the Due Process Clause by also requiring
   Revels to show the absence of a probability of a future mental illness and
   future dangerousness; the case is reversed and remanded with instructions
   that the district court order that Revels be released from state custody
   unless the State of Missouri affords him a new hearing within a
   reasonable time as set by the district court.