No. 22-7764

Duane E. Owen v. Florida

Lower Court: Florida
Docketed: 2023-06-12
Status: Denied
Type: IFP
IFP
Tags: competency competency-to-be-executed criminal-procedure death-penalty dementia due-process eighth-amendment insanity legal-insanity rational-understanding
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the State of Florida's perfunctory evaluation of Owen's claim that he is legally insane and incompetent to be executed violated the Eighth Amendment when the state courts refused to provide meaningful consideration of whether Owen's longstanding and fixed delusions prevented a rational understanding of the link between the crime and its punishment?

2. Whether the Florida courts' failure to explicitly consider and make findings regarding Owen's dementia as a basis for lack of rational understanding when evaluating whether Owen is incompetent to be executed violates his rights under the Eighth Amendment?

Question Presented (AI Summary)

Whether the State of Florida's perfunctory evaluation of Owen's claim that he is legally insane and incompetent to be executed violated the Eighth Amendment

Docket Entries

2023-06-14
Reply of petitioner Duane E. Owen filed.
2023-06-14
Application (22A1069) referred to the Court.
2023-06-14
Petition DENIED.
2023-06-14
Application (22A1069) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2023-06-13
Response to application from respondent Florida filed.
2023-06-13
Brief of respondent Florida in opposition filed.
2023-06-12
Application (22A1069) for a stay of execution of sentence of death, submitted to Justice Thomas.
2023-06-12

Attorneys

Duane E. Owen
Lisa Marie FusaroCCRC - Middle Region, Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent