Owen Warrant: Litigation update as of June 7, 2023, at 8:00 a.m.
Owen's Initial Brief in his appeal of the Bradford County order was filed. The State's Answer Brief is due today. As of last night, no petition for cert for the Palm Beach case had been docketed.
Here’s the update on the litigation related to Duane Owen’s execution (scheduled for June 15, 2023) as of this morning.
Owen’s Appeal of Bradford County Final Order
Per the Florida Supreme Court’s Scheduling Order in Owen’s newest appeal, Owen’s Initial Brief was filed yesterday afternoon before 5:00 p.m.—at 4:59:11 to be exact.
The Brief presents two issues on appeal:
The Circuit Court erred in finding that Owen is sane to be executed.
The Circuit Court abused its discretion when denying a continuance to allow testimony from doctors who have previously evaluated Owen.
Owen requested oral argument, noting the life-or-death nature of the case:
The request also noted that this type of proceeding has not been in front of the Court for “approximately ten years” and that, since the last time the Court addressed this issue, the U.S. Supreme Court held in Madison v. Alabama “that the Eighth Amendment may prohibit executing an individual if he suffers from dementia, or any other condition, so long as it causes a lack of rational understanding.”
The State’s Answer Brief is due by today at 5:00—just 24 hours after Owen’s Initial Brief was due.
Follow Tracking Florida’s Death Penalty on Twitter for the Docket Watch—periodic updates about filings in this pending litigation.
Review of Palm Beach County Case
As of 7:45 last night, no petition for writ of certiorari had been docketed at the U.S. Supreme Court seeking review of the Florida Supreme Court’s decision on Monday denying Owen’s appeal from the Palm Beach County trial court’s rulings.
Justice Labarga’s Recusal
As noted in my post about the Florida Supreme Court’s decision on Monday, Justice Labarga was recused from the case. Justice Labarga’s recusal from the Florida Supreme Court’s decision on Monday, the reason is unclear. His recusal is likely related to either his service as a state attorney in Palm Beach from 1982-1992, or his service as a circuit judge in Palm Beach County from 1996-2008.
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:
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.
Litigation update as of June 6, 2023, at 8:30 a.m. is here.
My thoughts are with everyone involved in the warrant and execution process.