Warrant period confusion
The death warrant issued for Owen’s execution has a glaring issue, which could mean that the execution has to be rescheduled according to Florida Statutes.
The death warrant issued for Owen’s execution has a glaring issue. The scheduled execution is outside the warrant period:
The prior three warrants issued by Gov. DeSantis this year have not had this error:
In each of the prior three warrants, the execution was scheduled for 6:00 p.m. on the first day of the warrant period. For Owen, that would be an execution date of June 8, 2023, rather than June 15, 2023, which would be consistent with the 30-day warrant period practice.
As I explained before, the warrant period is the period of time within which the Department of Corrections has to complete the execution. It is unclear what is going to happen with Owen’s scheduled execution that is outside the warrant period, but it seems clear under applicable statutes that a new date will have to be set.
Section 922.052, Florida Statutes, says:
(3) The sentence shall not be executed until the Governor issues a warrant, attaches it to the copy of the record, and transmits it to the warden, directing the warden to execute the sentence at a time designated in the warrant.
(4) If, for any reason, the sentence is not executed during the week designated, the warrant shall remain in full force and effect and the sentence shall be carried out as provided in s. 922.06.
Section 922.06, Florida Statutes, provides:
(1) The execution of a death sentence may be stayed only by the Governor or incident to an appeal.
(2)(a) If execution of the death sentence is stayed by the Governor, and the Governor subsequently lifts or dissolves the stay, the Governor shall immediately notify the Attorney General that the stay has been lifted or dissolved. Within 10 days after such notification, the Governor must set the new date for execution of the death sentence.
(b) If execution of the death sentence is stayed incident to an appeal, upon certification by the Attorney General that the stay has been lifted or dissolved, within 10 days after such certification, the Governor must set the new date for execution of the death sentence.
When the new date for execution of the death sentence is set by the Governor under this subsection, the Attorney General shall notify the inmate’s counsel of record of the date and time of execution of the death sentence.
It's mind boggeling that Governor DeSantis does not realize that his kill kill bills are not helping him in the slighest.