Henry Bradford Morgan and Stephen Michael Swanson v. People of the State of California

The State of California appeals the district court’s order granting petitions for writ of habeas corpus and releasing Henry Morgan and Stephen Swanson from the constructive custody of the Municipal Court of Los Angeles prior to their criminal trial on various misdemeanor offenses. The state contends on appeal that the district court abused its discretion in issuing the writs because material factual disputes concerning the state charges should only have been resolved by state trial. We agree and reverse the district court.

FACTS:

Petitioners Morgan and Swanson, agents with the Drug Enforcement Administration, were charged in Los Angeles Municipal Court with seven misdemeanor counts. The counts stem from an incident occurring on September 1, 1982 between the agents and Roman Tarasiuk and his wife, Ravida Mingaleeva.

The facts surrounding the incident are in dispute. According to Morgan and Swanson, the agents were on their way to a Los Angeles- restaurant to meet with an informant. While parking the car, Morgan backed into the front of a Mercedes which was parked at the curb. Morgan, Swan son, the driver of the Mercedes, Tarasiuk, and his wife, Ravida Mingaleeva, got into a…