Owen Warrant: Litigation update as of June 6, 2023, at 8:30 a.m.

New updates nine days ahead of Duane Owen’s scheduled execution. Owen has filed a Notice of Appeal in the Supreme Court seeking review of the Bradford County court's Final Order.

There are nine days until Duane Owen’s scheduled execution on June 15, 2023. A lot has happened since the Governor signed the warrant scheduling Owen’s execution, and a lot still needs to happen.

As of this morning, there are two cases still pending.

---

Palm Beach County

The Florida Supreme Court has denied Owen’s claims that originated in Palm Beach County after Gov. DeSantis signed the warrant. Those claims now go to the U.S. Supreme Court. As of 8:00 this morning, nothing has been docketed.

This matter is somewhat ahead of schedule as compared to prior warrant litigation. Between now and June 15:

• Owen’s counsel has to file a petition for writ of certiorari seeking the U.S. Supreme Court’s review of the Florida Supreme Court’s decision;

• the State has to file a response to the petition;

• Owen can file a reply to the State’s response; and

• the U.S. Supreme Court must make a determination on Owen’s petition.

---

Bradford County

The Bradford County trial court has determined that Owen is competent to be executed. Yesterday afternoon, Owen filed a Notice of Appeal seeking the Florida Supreme Court’s review of the Bradford County’s Order.

The case has a long way to go in nine days if a stay of execution is not issued. Between now and June 15:

• Owen’s counsel has to file an Initial Brief;

• the State has to file an Answer Brief;

• Owen can file a Reply Brief;

• the Florida Supreme Court must issue a ruling on Owen’s appeal;

• if Owen’s appeal is denied, Owen’s counsel has to file a petition for writ of certiorari at the U.S. Supreme Court;

• the State has to file a response to the petition;

• Owen can file a reply to the State’s response; and

• the U.S. Supreme Court must make a determination on Owen’s petition.

The Florida Supreme Court has set the following briefing schedule for this new case:

As the Florida Supreme Court said in Darryl Barwick’s case, “post-warrant litigation is arduous.”

---

Prior coverage of Owen’s case

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

• Background on the statutory process and the proceedings in Palm Beach County is available here.

• The history of Rule 3.811 is 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:

  • Part I

  • Part II

  • Part III

  • Part IV

• 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 is covered here.

• The Florida Supreme Court’s decision on Owen’s appeal of the Palm Beach County court’s orders is covered here.

---

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