In re Swanigan

Opinion

ROTHSCHILD, P. J.

Fred Swanigan petitions for a writ of habeas corpus to overturn the April 3, 2014 decision of the Board of Parole Hearings (Board) finding him unsuitable for parole. After reviewing the record before us we conclude that no evidence supports the Board’s decision. Therefore, we grant the petition.

BACKGROUND

1. The Commitment Offense

In 1981, a jury convicted Swanigan, then 20 years old, of first degree murder. The jury found that he personally shot Ronald Como on September 10, 1980. The trial court sentenced him to 27 years to life in prison. At his 2014 hearing, the Board…