James Duckett’s execution was scheduled for March 31 but was stayed pending DNA results. After those results came back inconclusive, the stay was extended for further litigation on DNA-related issues. (The latest from TFDP is here.)
The case then went back to the circuit court for litigation on the DNA. After the circuit court denied Duckett’s requests, Duckett appealed the ruling to the Florida Supreme Court, where Duckett now has three cases pending. The Court’s scheduling order outlines briefing past the current warrant period. Also included below is a comment from Duckett’s counsel.
On Wednesday, the circuit court denied Duckett’s request for further analysis of the DNA samples available in a short Order, reasoning:
Although Defense argued that the Florida Supreme Court’s Order Staying Execution contemplates the analysis it now requests, the order does not indicate any testing beyond what was already ordered by this Court. The results of the testing have now been reported, and no further testing remains to be done, nor is further testing possible.
On Thursday, Duckett appealed to the Florida Supreme Court, opening a new case. The filings for this new case can be found on the Court’s docket here.
Scheduling Order
Shortly after the appeal was filed, the Court issued a scheduling order for the new DNA-related appeal.
The Order outlines the following schedule:
Initial Brief: April 7 at noon
Answer Brief: April 8 at noon
Reply Brief: April 8 at 5:00 p.m.
Comment from Duckett’s Counsel
Duckett’s counsel has provided the following comment, which TFDP accessed from Floridians for Alternatives to the Death Penalty (FADP):
We are relieved that the court has intervened to halt this execution and allow time to consider Mr. Duckett's request for the necessary analysis of the DNA results.
Let's be clear: the delay occurred because the State chose to oppose efforts to allow the full analysis of the data that could provide conclusive evidence on the question of innocence or guilt. At a time when irreversible punishment was imminent, the State argued against taking steps to ensure the accuracy of the conviction. That position is deeply troubling.
DNA testing has time and time again proven to be a powerful tool for uncovering the truth - that is all Mr. Duckett asks. Refusing to allow the full analysis, particularly in a capital case, undermines confidence in the integrity of the system.
Mr. Duckett has consistently maintained his innocence. No system committed to justice should fear the results of objective scientific analysis. The State's role is not to secure executions at any cost, but to ensure that justice is done.
State’s Motion to Vacate Stay
Also Thursday, in Duckett’s other pending cases at the Florida Supreme Court, the State filed a motion to vacate the stay of Duckett’s execution. You can review the filings in Duckett’s pending appeal of the circuit court’s denial of his 3.851 here and the filings in Duckett’s habeas case here. The State’s motion remains pending in both cases; Duckett has not yet responded.
Warrant Period Expires April 7
The warrant period in Duckett’s death warrant issued February 27 expires on April 7 at noon—which is before the briefing in the DNA-related case will be complete. Therefore, for Duckett’s execution to proceed (if the Court affirms the circuit court denial), Gov. DeSantis will have to re-issue the death warrant with a new warrant period.
TFDP Prior Coverage of Duckett’s Warrant
My thoughts are with everyone involved in the warrant- and execution-related process.