BREAKING: Federal court denies Duane Owen's petition.
The federal district court has denied Owen's petition for writ of habeas corpus. Owen has filed his Reply at SCOTUS, completing briefing.
Duane Owen’s execution is scheduled for tomorrow at 6:00 p.m.
Two updates:
The federal district court has denied Owen’s petition for writ of habeas corpus and closed the case.
Owen has filed his Reply at SCOTUS.
**Note to new subscribers: I usually post once per day. That being said, warrant litigation is fast-moving, and I try to keep everyone as updated as possible, which sometimes means more than one post per day. Thanks for being here.
Federal District Court Denies Owen’s Claims
The U.S. District Court for the Southern District of Florida has denied Owen’s claims in an Order issued this afternoon.
First, the district court determined that Owen “has not shown that the state court erred in finding him competent to be executed.” The court noted that it is required ”presume the correctness of the state court’s factual findings unless the petitioner overcomes them by clear and convincing evidence” and then determined that Owen “has presented no evidence that would overcome the state circuit court’s finding.”
Second, the district court determined that Owen “has not shown that the state court’s failure to grant a continuance violated a federal right.”
Finally, the district court denied Owen a certificate of appealability because “the claims raised are clearly without merit.”
Briefing Completed at SCOTUS
Owen has filed his Reply to the State’s Response to his petition for writ of certiorari. Owen argues that the Florida courts failed to make required findings, including “whether Owen had a rational understanding of the link between the crime and its punishment” and findings related to Owen’s dementia. As to the facts, the Reply argues that the State misconstrues and mischaracterizes the record and the testimony presented related to Owen’s sanity for execution.
As to the State’s public interest argument, Owen argues that “[t]his Nation has a vital public interest in preventing the State of Florida from executing an insane individual.”
With this, briefing is complete on Owen’s petition for writ of certiorari.
Prior TFDP coverage of Owen’s case
The background of Owen’s case can be found here.
Background on the statutory process and the proceedings in Palm Beach County is available here.
The history of Rule 3.811 is here.
The Governor’s Executive Order temporarily staying the execution to allow for the Commission’s examination of Owen is covered here.
The Governor’s determination after the Commission’s report is covered here.
The four-part series on the history of Owen’s mental illness can be found here:
The transcript from the Bradford County’s case management conference on May 26 is summarized here.
An update on the pending litigation related to Owen’s execution as of May 31, 2023, is here.
Owen’s Motion seeking review of the Governor’s determination and the evidence attached to the Motion is covered here.
The first day of testimony in Bradford County is covered here.
The second day of testimony in Bradford County is covered here.
The Bradford County trial court’s ruling is covered here.
The Florida Supreme Court’s decision on Owen’s appeal of the Palm Beach County court’s orders is covered here.
Litigation update as of June 6, 2023, at 8:30 a.m. is here.
Litigation update as of June 7, 2023, at 8:00 a.m. is here.
The State’s Answer Brief and Owen’s Reply Brief are covered here.
The Florida Supreme Court’s decision affirming the Bradford County court’s determination that Owen is sane to be executed is covered here.
Owen’s petition for writ of habeas corpus filed in the federal court on Friday, June 9, is covered here.
The federal district court’s denial of Owen’s motion for emergency stay over the weekend is covered here.
Owen’s petition for writ of certiorari filed at SCOTUS on Monday is covered here.
The State’s responses filed at SCOTUS are covered here.
My thoughts are with everyone involved in the warrant and execution process.