Swan v. State
Annotate this CaseA jury found that defendant and a co-defendant had crashed through patio doors of the Warren family, shot and killed Kenneth Warren in front of his wife and their nineteen-month-old-son. For that crime, defendant was sentenced to death. On appeal, defendant contended that the trial judge erred in admitting the out-of-court statements of his co-defendant; defense counsel was ineffective in failing to investigate DNA issues; certain evidence demonstrated that defendant was innocent, or alternatively, that a new trial was required; defense counsel was ineffective in failing to rehabilitate prospective jurors or to object to the trial judge's dismissal of them; his death sentence was unconstitutional; and defense counsel was ineffective in failing to conduct an adequate mitigation investigation and to present that mitigation evidence to the trial judge and jury. The court held that defendant was not entitled to postconviction relief or a new trial where defendant's first claim was procedurally barred; defendant's second claim failed because he had not shown prejudice; defendant's third claim failed for the same reason; defendant's fourth claim failed because he had not shown that defense counsel's performance was deficient; defendant's fifth claim was procedurally barred; and defendant's sixth claim failed because he had not shown prejudice. Accordingly, the court affirmed the judgment.
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