Swanigan v. State

| petitioner Terry Swanigan was charged with capital murder in the 1992 shooting death of Lewis Allen. The evidence at trial reflected that Swanigan had confronted Allen inside a shop and pointed a gun at Allen’s face. Swanigan and Allen struggled for possession of the gun. Allen fell backwards during the struggle, and Swanigan fired the gun three times. One of the shots struck Allen, who ran outside, collapsed, and later died. In 1993, Swani-gan was. tried before a jury and found guilty of murder in the first degree. He was sentenced to life imprisonment. We affirmed. Swanigan v. State, 316…