In re SwaniganAnnotate this Case
Petitioner seeks a writ of habeas corpus to overturn the Board of Parole Hearing's decision finding him unsuitable for parole. Petitioner, then 20 years old, was convicted of first degree murder. The court concluded that, even applying a highly deferential standard, no evidence in the record supports the Board's conclusion. Petitioner is currently 55 years old, lacks any juvenile record and had no violent history or criminal history convictions as an adult other than the committed offense, has no history of drug or alcohol abuse, never belonged to a gang, has maintained an exemplary disciplinary record in prison for nearly two decades, has no mental health issues, is a "Low" risk profile, and has taken numerous self-help and vocational training programs, receiving laudatory evaluations. The court rejected the Attorney General's contentions that the Board's denial of parole is supported by the heinous nature of the crime, petitioner's lack of insight, and his lack of credibility. Accordingly, the court granted the petition.