BREAKING: Owen execution temporarily stayed pending Commission's examination
Late Monday afternoon, Governor DeSantis issued an Executive Order temporarily staying Owen's execution scheduled for June 15, 2023, pending a Commission's review of Owen's "mental condition."
Florida Supreme Court
Based on the Florida Supreme Court’s Scheduling Order issued May 9 in Owen’s case, the deadline for Owen to file a Notice of Appeal from the trial court’s ruling on Owen’s successive postconviction motion and petition for writ of habeas corpus at the Florida Supreme Court was this morning at 9:00 a.m. (More on the trial court’s ruling here.)
As of 5:30 p.m. this afternoon, the docket at the Florida Supreme Court does not reflect a Notice of Appeal or any separate petition for writ of habeas corpus. However, the trial court docket shows that a Notice of Appeal was filed today. It is not publicly available.
Governor DeSantis
Late Monday afternoon, Governor DeSantis issued an Executive Order invoking the procedure under Florida Rule of Criminal Procedure 3.811. (More on the procedure and how it unfolded in 2012, the last time it was invoked, here.)
In the Executive Order, Governor DeSantis states that counsel for Owen wrote a letter to Governor DeSantis “alleging that [he] may be insane” and attaching “a report from a neuropsychologist’s recent evaluation . . . opining that [Owen] meets the criteria for insanity . . . .”
The Order states that the allegations “are insufficient assertions of insanity under section 922.07” but proceeds to state that the Governor “will nonetheless implement the requirements of section 922.07.
Therefore, the Order appoints a commission of three doctors to evaluate Owen’s mental state. The Commission must examine Owen tomorrow and produce its report “by no later than close of business May 24, 2023 . . . .”
The Department of Corrections (DOC) will pay the expenses for the Commission’s examination and report.
The execution is temporarily stayed pending the Governor’s review of the Commission’s report:
My thoughts are with everyone involved in the warrant and execution process.