Owen Warrant Update: State claims headed to SCOTUS and a new federal claim
Owen's execution is scheduled this Thursday. Owen is expected to seek SCOTUS review of the Florida Supreme Court’s decisions in his execution-related cases. He also filed a new federal claim Friday.
Duane Owen’s execution remains scheduled for this Thursday, June 15. Owen’s state court claims are headed to the U.S. Supreme Court. He has also filed a new case in federal court raising claims related to his sanity for execution. Here’s the latest.
State Court Claims
On Friday, the Florida Supreme Court denied Owen’s appeal of the Bradford County trial court’s determination that he is sane to be executed—clearing the way for the execution to proceed as scheduled.
Owen can still seek review of the Florida Supreme Court’s two decisions in his execution-related cases at the U.S. Supreme Court—(1) the Florida Supreme Court’s denial of his appeal of the Palm Beach County court’s rulings, and (2) the Florida Supreme Court’s denial of his appeal of the Bradford County court’s determination that he is sane to be executed. For these state court cases, the U.S. Supreme Court is Owen’s last resort for relief, as it often is for prisoners facing execution. The U.S. Supreme Court is almost always the last court to review a prisoner’s pending claims before an execution proceeds.
As of this post, neither petition has been docketed at the U.S. Supreme Court.
NOTE: This is similar to how the litigation of Darryl Barwick’s claims went. The Florida Supreme Court issued its decision denying Barwick relief late Friday afternoon ahead of his Wednesday execution. (Note that Owen’s is on Thursday.) Barwick filed his petition for certiorari seeking review of that decision late Monday afternoon—two days ahead of his execution. The briefing was completed around 10:00 p.m. Tuesday night. On the morning of the day of Barwick’s execution, his claims remained pending at the U.S. Supreme Court. The Court denied Barwick’s claims around noon that day, and the execution proceeded as scheduled.
New Federal Claim Filed
On Friday, Owen filed a petition for writ of habeas corpus in the U.S. District Court for the Southern District of Florida and an emergency motion for stay of execution. Judge Rodney Smith has been appointed to the case.
Owen’s petition states two grounds for relief, which are similar to the two issues he raised on appeal of the Bradford County court’s determination that he’s sane to be executed.
Here’s the relief Owen requests in the petition:
On Saturday, the State filed its response to Owen’s emergency motion for stay of execution, arguing that “Owen cannot establish that there is substantial likelihood of success on the merits because the factual findings made in state court after a full and fair evidentiary hearing are supported by overwhelming evidence and credibility determinations which must be given deference under federal habeas review.” The response further argues that a stay “injure[s] the State as a representative of Florida’s citizens and the victims’ families as the interest of finality is compelling to both.” The State also argued that a stay would not be in the public interest:
It is not in the public interest to delay an execution so that Owen can pursue a claim, the factual basis of which has been rejected previously; which the state courts have found to be completely devoid of any merit; and to be conjured up by a malingering defendant. It is not in the public interest to grant a stay which would accomplish nothing but to compromise a federal court’s ability to protect States from dilatory or speculative suits,” and certainly from frivolous suits.
NOTE: Owen’s filing a federal claim is consistent with how other Rule 3.811 litigation has proceeded. (See TFDP’s coverage of prior Rule 3.811 litigation here and here.)
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.
The State’s Answer Brief and Owen’s Reply Brief are covered here.
The Florida Supreme Court’s decision affirming the Bradford County court’s determination that Owen is sane to be executed is covered here.
My thoughts are with everyone involved in the warrant and execution process.