Owen warrant litigation pending in two courts.

Litigation related to Duane Owen's execution (scheduled June 15, 2023) is currently pending in both the Florida Supreme Court and circuit court in Bradford County.

Litigation related to Duane Owen's execution (scheduled June 15, 2023) is currently pending in both the Florida Supreme Court and circuit court in Bradford County.

The background of Owen’s case can be found here.

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Florida Supreme Court

Owen’s appeal of the Palm Beach County trial court’s denial of his successive postconviction motion, as well as other orders issued by the trial court, is still pending at the Florida Supreme Court. Owen’s Initial Brief and the State’s Answer Brief have been filed. My prior post about Owen filing the Notice of Appeal and the orders at issue is here. Per the Court’s Scheduling Order, Owen’s Reply Brief is due by 3:00 p.m. on Tuesday.

In addition, on Wednesday May 24, Owen filed a motion for stay of execution, requesting that the Court stay the execution to allow for meaningful consideration of his “complex legal claims.” The motion argues that “[t]he period set by the instant warrant is inadequate for review of the meritorious issues presented.” The State responded to the motion on May 25, arguing that “because there are no substantial grounds raised in the appeal of the denial of his successive motion, the request to stay the execution should be denied.” As is common in warrant litigation,¹ the State’s response suggests that Owen’s claims are merely a delay tactic:

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Bradford County Circuit Court

As I previously explained, Owen’s counsel may seek review of the Governor’s determination that Owen is competent in circuit court. The Bradford County circuit court docket indicates a case is pending on this issue.²

Commission’s Report

On Thursday, May 25, the State filed in the circuit court a copy of the Commission’s report that was submitted to Governor DeSantis following their examination of Owen.³ The report indicates that the Commission met with Owen for 100 minutes at Florida State Prison. In addition, the Commission “interviewed the Assistant Warden, three Sergeants and a Lieutenant,” all of whom “have had recent and regular . . . contact with [Owen], ranging from two weeks to fourteen years.”

The Commission opined that “Mr. Owen understands the nature and effects of the death penalty and why it has been imposed on him.” After discussing some of the details of their conversation with Owen, the Commission’s report concludes as follows:

Circuit Court Scheduling

Following the Governor’s Executive Order on May 25 lifting the stay and determining Owen was competent to proceed to execution, the State filed a motion in the circuit court requesting a “status hearing . . . to set time frames for any litigation pursuant to the rule.”

According to the docket, the circuit court held a status conference on Friday, May 26, at 1:30 p.m. As of Saturday morning at 9:00 a.m., no scheduling order or other rulings after the case management conference were reflected on the docket.

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My thoughts are with everyone involved in the warrant and execution process.

1. For more on this discussion, see my law review article on warrant litigation, which discusses how states and courts use delay as a reason to deny consideration of warrant-related claims.

2. Bradford County is where Florida State Prison is located. Per Florida Rule of Criminal Procedure 3.811, “[t]he motion shall be filed in the circuit court of the circuit in which the execution is to take place . . . .”

3. The report was filed as part of an appendix to the State’s motion that contained three documents—both of Gov. DeSantis’s related Executive Orders and the Commission’s report.