Owen Warrant: Briefing complete at Florida Supreme Court
Briefing is now complete in Owen's appeal of the Bradford County trial court's determination that he is sane to be executed. In the Palm Beach County litigation, no petition for cert. at SCOTUS yet.
It is one week until Duane Owen’s scheduled execution on June 15, 2023. Here’s where the litigation stands as of this morning:
Owen’s appeal of the Bradford County trial court’s determination that he is sane to be executed is pending in the Supreme Court of Florida.
Owen is expected to file a petition for writ of certiorari at the U.S. Supreme Court seeking review of the Florida Supreme Court’s decision denying relief on his claims in the Palm Beach County case.
Bradford County Case
After a two-day evidentiary hearing last week, the Bradford County trial court determined over the weekend that Owen is sane to be executed. Owen has appealed that ruling to the Florida Supreme Court. Owen’s Initial Brief was filed Tuesday.
State’s Answer Brief
As required by the Florida Supreme Court’s Scheduling Order, the State’s Answer Brief was filed yesterday afternoon before 5:00.
In the facts, the State recounted testimony from the evidentiary hearing, noting that “Owen knows that if he is executed, he will die.” Further, the State emphasized testimony regarding Owen not being medicated for schizophrenia:
Review of Owen's medical records revealed that he had been symptom-free of any signs of serious mental illness, although he had been prescribed various anti-depressants and anti-anxiety medications. Over the last 40 years in prison, Owen had not been prescribed any medications for the treatment of schizophrenia.
The State highlighted testimony suggesting that an unmedicated schizophrenic would present much differently than Owen.
Experienced in evaluating/treating thousands of people with schizophrenia for over 30 years, Dr. Myers explained that a person with untreated schizophrenia would be unable to hide manifestations of schizophrenic symptoms for three to four minutes, much less for 30-40 years.
As to the Commission’s report, the State wrote:
Following the Commission's review of materials, including videos of Owen's police interrogations, and interviews with DOC personnel and guards, the three-psychiatrist Commission collaborated in drafting the report on Owen for the Governor. The doctors "didn't really have any disagreements in putting the report together." The Commission found Owen has no current mental illness, was malingering to avoid the death penalty, has an antisocial personality disorder and understands the nature and effect of the death penalty and why it is to be imposed upon him. Owen is legally sane.
On Issue I, the State’s argument can be summarized by the following:
The lower court’s decision is well supported by the evidence presented below. Owen’s argument is simply a disagreement with the factual findings and credibility determinations of the lower court, and therefore, this Court should affirm the decision below.
On Issue II, the State argues that Owen’s claim “is completely devoid of merit” and notes that Owen’s argument “is in completely contradiction to the position taken in Argument I.”
Owen’s Reply Brief
Owen’s Reply Brief was due today by noon—less than twenty-four hours after the State’s Answer Brief was filed. It was filed at 11:56:53 a.m.
Here’s the summary of the Argument in Reply:
Now that Owen’s Reply Brief has been filed, briefing is closed. The case is ripe for the Court to issue its decision. If the Court denies Owen’s claims, he will have an opportunity to seek review at the U.S. Supreme Court.
NOTE: I have not reviewed every time that this process has been invoked. However, I have reviewed the first three times it was used and the two most recent times it was used (10 years ago). This is the only instance I have seen where a stay was not issued.
Palm Beach County Case
On Monday, the Florida Supreme Court denied Owen’s claims in his appeal from the Palm Beach County trial court’s rulings in the litigation that started after Gov. DeSantis signed the warrant for his execution.
Owen is expected to file a petition for writ of certiorari at the U.S. Supreme Court seeking review of that decision.
As of this post, no petition for writ of certiorari had been docketed.
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.
Litigation update as of June 7, 2023, at 8:00 a.m. is here.
My thoughts are with everyone involved in the warrant and execution process.