BREAKING: Florida Supreme Court denies Owen's requests for relief.
The Florida Supreme Court issued an out-of-cycle decision affirming the Palm Beach County trial court’s three orders Owen had appealed and denying Owen’s motion for stay of execution.
This afternoon, the Florida Supreme Court issued an out-of-cycle decision affirming the Palm Beach County trial court’s three orders Owen had appealed and denying Owen’s motion for stay of execution.
In pertinent part, the Court determined that Owen’s claims fail to “overcome the procedural bars” to require relief based on “manifest injustice.”
As to Owen’s mental illness, the Court recognized that Florida courts have failed to recognize that mental illness bars execution under the Eighth and Fourteenth Amendments and held that “Owen has presented no reason for th[e] Court to reconsider its precedent on this issue.”
Similarly, as to his claim that his spending 37 years on death row violates the cruel and unusual clause of the Eighth Amendment, the Court recognized that “Florida courts have declined to recognize claims that a prolonged stay on death row constitutes cruel and unusual punishment” and determined “Owen has provided no basis for this Court to depart from precedent.”
This is Justice Sasso’s first death case, and she concurred in the opinion. Justice Labarga is recused.
This case will now go to the U.S. Supreme Court.
NOTE: The Florida Supreme Court will likely receive another appeal from Owen shortly from the Bradford County’s ruling earlier today on his competency for execution. (More here.)
Prior information on Owen’s case
The background of Owen’s case can be found here.
Background on the statutory process is available 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 today that Owen is sane to be executed is covered here.
My thoughts are with everyone involved in the warrant and execution process.