People v. Swanson

Derrick Swanson (defendant) and Anthony Chapple robbed a gas station at gunpoint. During the robbery, Swanson grabbed Rosa, the pregnant wife of station employee Ruben Garcia, and shoved her to the ground. Garcia tried to stop Swanson, but Chapple threatened to shoot Garcia’s brother. As Swanson and Chapple left, Swanson fired a shot at Garcia and Rosa. Rosa screamed. Garcia grabbed his gun and gave chase, believing Rosa was shot and Swanson and Chapple would return. In an exchange of gunfire, Garcia killed Chapple. Swanson was convicted of first-degree murder based on the provocative-act doctrine, which imposed murder liability if a person committed an act likely to cause death and the victim or a police officer killed someone while reasonably responding. After Swanson’s conviction, California amended its laws regarding the felony-murder rule and the natural-and-probable-consequences doctrine, limiting liability and creating an avenue for persons previously convicted under those doctrines to have their sentences reviewed. Swanson filed a writ of habeas corpus seeking review, claiming that the provocative-act doctrine was an offshoot of the natural-and-probable-consequences doctrine. Without appointing counsel, the trial court dismissed Swanson’s petition, finding the provocative-act doctrine distinct. Swanson appealed.