Owen Warrant Update: Federal court denies emergency stay
The U.S. District Court for the Southern District of Florida has denied Owen's emergency motion for a stay of execution.
Duane Owen’s execution is scheduled for this Thursday, June 15, at 6:00 p.m.
The litigation surrounding Owen’s pending execution is convoluted and can get confusing. There are three “cases” to track:
Owen’s original warrant-related litigation was filed in Palm Beach County, where he was prosecuted. After the trial court denied his claims for relief, he appealed to the Florida Supreme Court, which denied his claims on Monday, June 5. Owen is expected to seek review at the U.S. Supreme Court.
After the Palm Beach County case, Owen, through his attorneys, invoked Rule 3.811 for determining his sanity for execution. (The Rule 3.811 process is explained here.) After Gov. DeSantis determined Owen is sane for execution, Owen sought review in the Bradford County trial court, which held a two-day hearing. (Hearing covered here and here.) The trial court determined he’s sane for execution, and Owen appealed to the Florida Supreme Court. On Friday, June 9, the Florida Supreme Court affirmed the trial court’s determination that Owen is sane to be executed. Owen is expected to seek review at the U.S. Supreme Court.
On Friday, June 9, Owen filed a petition for writ of habeas corpus in the federal district court raising claims related to his sanity for execution.
Federal Court Denies Emergency Stay
As TFDP covered yesterday,1 the State filed its response to Owen’s emergency motion for stay of execution on Saturday.
On Sunday, the federal district court entered an Order Denying Emergency Motion for Stay of Execution. The Court wrote the standard for a stay in federal court as follows:
As to the Court’s review of the Florida Supreme Court’s decision, the Court wrote: “So long as neither the reasoning nor the result of the state court decision contradicts Supreme Court decisions, the state court’s decision will not be disturbed.” Further, the Court “must presume the correctness of the state court’s factual findings unless the petitioner overcomes them by clear and convincing evidence.”
Ultimately, the Court determined that Owen “has not met his burden”:
Based on the testimony at the Bradford County hearing, the Court determined Owen “has not shown by clear and convincing evidence that [the] state circuit court’s finding regarding his current mental state was incorrect.”
SCOTUS Watch
As of this post, no petition for writ of certiorari has been docketed at the U.S. Supreme Court related to the Palm Beach County and Bradford County state court cases.
Prior TFDP 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.
Owen’s petition for writ of habeas corpus filed in the federal court on Friday is covered here.
My thoughts are with everyone involved in the warrant and execution process.
What is horrifying?
This is horrifying!