Duane Owen: Warrant litigation update
The timing of Owen’s team filing his final claims for relief highlights the pressures involved in and the extremely difficult timing of death warrant litigation.
As I’ve explained before and the Supreme Court of Florida recognized in its decision denying Barwick’s final claims days before his execution, warrant litigation is arduous and puts tremendous pressure on everyone involved.
The trial court docket in Owen’s case indicates a flurry of activity since Gov. DeSantis issued the death warrant scheduling Owen’s execution for June 15, 2023. (The background of Owen’s case can be found here.) The court has already held at least two hearings in the matter. On Tuesday, the court entered an Amended Scheduling Order, which is not publicly available.
As of Tuesday evening at 8:00 p.m., Owen’s successive postconviction motion for relief seeking relief from his scheduled execution had not yet been filed (or at least wasn’t showing on the docket). That being said, the Court had granted the defense’s motion for leave to extend the page limit of the forthcoming motion an additional 15 pages; so, an extended motion is forthcoming.
Certainly, Owen’s team is working as quickly as they can to finalize the filing. They are under immense pressure.
The timing of Owen’s team filing his final claims for relief highlights the pressures involved in and the extremely difficult timing of death warrant litigation. The Florida Supreme Court’s Scheduling Order in Owen’s case directs that the trial court’s order resolving Owen’s claims must be entered by Friday at 3:00 p.m.:
In other words, between Tuesday afternoon and Friday at 3:00 p.m., all of the following must occur: (1) Owen’s team must finalize and file the postconviction motion; (2) the State must respond to Owen’s motion; (3) the trial court must determine whether to hold an evidentiary hearing on Owen’s claims; and (4) the trial court must hear and render a decision on Owen’s claims so that the case can then be sent to the Florida Supreme Court for review.
Also, by Monday morning at 9:00 a.m., Owen’s team has to be ready to file a habeas petition if one is to be filed.
My thoughts are with everyone involved in the warrant and execution process.
Have all the 4 inmates who have received death warrants recently applied for Executive Clemency? If not, then that should be mandatory so the inmate's counsel knows that a possible warrant is imminent. Maybe a 45 day death warrant period would be more suitable for counsel for the inmate and the state as well as the courts.