The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

 

OWEN, Duane Eugene (W/M)

DC#    101660

DOB:  02/13/61

 

Fifteenth Judicial Circuit, Palm Beach County Case# 84-4000

Sentencing Judge:  The Honorable Richard B. Burk

Attorneys, Trial:  Craig Boudreau & Barry Krischer – Court-appointed

Attorney, Direct Appeal:  Craig Boudreau – Court-appointed

Attorney, Collateral Appeals:  Eric Pinkard & James Driscoll – CCRC-M

Date of Offense:  05/29/84

Date of Sentence:  03/14/86

 

Circumstances of the Offense:

 

Sometime during the late night and early morning of 05/29/84, an individual forcibly entered the home of Georgianna Worden. As Ms. Worden slept, the intruder hit her with a hammer. The blow caused her death. The intruder also sexually assaulted Ms. Worden after hitting her with the hammer. Her children found Ms. Worden’s body on the morning of 05/29/84, as they were preparing for school.

 

Owen was arrested the on 05/30/84, on unrelated charges. During the interrogation that occurred over the next several weeks, Owen confessed to this murder. Owen’s fingerprint was also found on a library book in the victim’s home.

 

Additional Information:

 

Owen was indicted (10 days later) for the same three offenses in which he received the same convictions and sentences (CC# 84-4014). 

 

Owen was sentenced to life for other offenses, which were committed approximately one month prior to the aforementioned offenses (CC# 84-4001).  On 12/09/05, the Circuit Court (presided by Judge Krista Marx) resentenced Owen to consecutive life terms for these offenses.


Trial Summary:

 

07/01/84          Defendant was indicted on the following charges:

Count I:           First-Degree Murder (Georgianna Worden)

Count II:         Sexual Battery with a Deadly weapon

                                Count III:        Unlawful Entry of a Dwelling with an Armed and Dangerous Weapon

07/12/84          Defendant entered a written plea of not guilty

02/18/86          The defendant was found guilty on all counts.

03/05/86          The jury recommended the death penalty by a vote of 10-2.

03/14/86          Defendant was sentenced as follows:

                                 Count I:           First-Degree Murder (Georgianna Worden) – Death

                                 Count II:         Sexual Battery with a Deadly Weapon – Life to run consecutive to the sentence in Count II from Case 84-4014

                                 Count III:        Unlawful Entry of a Dwelling with an Armed and Dangerous Weapon – Life to run consecutive to Count II

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 68,549

596 So. 2d 985

 

04/07/86          Appeal filed

09/01/88          FSC relinquished jurisdiction to the circuit court to rule on a 3.850 motion

 

State Circuit Court – 3.850 Motion

CC #84-4000

 

07/31/86          Motion filed

10/20/87          Motion dismissed. Jurisdiction returned to FSC

 

Florida Supreme Court – Direct Appeal

FSC# 68,549

596 So. 2d 985

 

10/20/87          Jurisdiction returned to FSC

01/23/92          FSC affirmed both the conviction and sentence

04/01/92          Rehearing denied

05/01/92          Mandate issued


United States Supreme Court – Petition for Writ of Certiorari

USSC# 92-5530

506 U.S. 921

 

08/14/92          Petition filed

10/13/92          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 84,400

 

10/13/94          Amended motion filed

12/08/97          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 92,144

773 So. 2d 510

 

01/07/98          Appeal filed

09/21/00          FSC affirmed the trial court’s denial of the 3.850 motion

11/13/00          Rehearing denied

12/13/00          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 00-8649

121 S. Ct 1500

 

02/23/01          Petition filed

04/02/01          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 84,400

 

07/29/01          Motion filed

09/21/01          Motion denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 01-2146

854 So.2d 182

 

09/28/01          Petition filed

07/11/03          Petition denied

09/02/03          Rehearing denied

10/02/03          Mandate issued


Florida Supreme Court – 3.850 Appeal

FSC# 01-2476

854 So.2d 182

 

11/07/01          Appeal filed

07/11/03          Affirmed trial court’s denial of the 3.850 Motion

09/02/03          Rehearing denied

10/02/03          Mandate issued

 

United States District Court, Southern District – Petition for Writ of Habeas Corpus

USDC# 03-81152

 

12/15/03          Petition filed

09/06/07          Petition denied

 

United States Court of Appeals, 11th Circuit – Habeas Petition Appeal

USCA# 07-14727-P

568 F.3d 894

 

11/25/08          Appeal filed

05/18/09          USCA affirmed the denial of the petition

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-6983

130 S.Ct. 1141

 

10/02/09         Petition filed

01/19/10          Petition denied

 

Factors Contributing to the Delay in Imposition of Sentence

 

The Direct Appeal was pending for six years. Additionally, the second 3.850 motion was pending for 3 years before being denied.

 

Case Information:

 

Owen filed a Direct Appeal to the Florida Supreme Court on 04/07/86. Owen filed a 3.850 motion in the circuit court on 07/31/86. On 09/01/86, the Court transferred jurisdiction of the case to the trial court in order to allow for a ruling on the 3.850 Motion. On 10/20/87, the motion was dismissed and jurisdiction was returned to the Court. In his Direct Appeal, Owen raised several issues surrounding the guilt phase of his trial. His main claim was that the confession obtained by law enforcement violated his Sixth Amendment right to counsel. The Court ruled that Owen’s Sixth Amendment right was not violated because the interrogation session that resulted in the confession took place prior to his first court appearance. In reference to the penalty phase, all of Owen’s claims were either found to be harmless or were rejected by the Florida Supreme Court. The Court affirmed the sentence and conviction on 01/23/92. The rehearing was denied on 04/01/92, and the mandate was issued on 05/01/92.

 

On 08/14/92, Owen filed a Petition for Writ of Certiorari to the United States Supreme Court. On 10/13/92, the petition was denied.

 

Owen then filed an amended 3.850 Motion to the Circuit Court on 10/13/94. A Huff hearing was held on 11/05/97, where the court denied some claims and scheduled others for an evidentiary hearing. The evidentiary hearing was held on 12/08/97. The first witness at the hearing was Barry Krischer, Owen’s attorney for the original Slattery trial. After Mr. Krischer’s testimony, Owen decided not to proceed with the hearing because it would violate attorney-client privilege; therefore, the 3.850 Motion was denied.

A 3.850 Appeal was filed to the Florida Supreme Court on 01/07/98. Owen claimed that the Circuit Court erred in its denial of the motion. The Florida Supreme Court found no abuse of discretion by the Circuit Court, and the Circuit Court’s denial of the 3.850 motion was affirmed on 09/21/00. The rehearing was denied on 11/13/00, and the mandate was issued on 12/13/00.

 

Owen filed a Petition for Writ of Certiorari to the United States Supreme Court on 02/23/01. The petition was denied on 04/02/01.

 

Owen filed a 3.850 Motion to the Circuit Court on 07/29/01.  The motion was denied on 09/21/01.

 

Owen then filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 09/28/01.  He also filed a 3.850 Appeal to the Florida Supreme Court on 11/07/01. Both were denied on 07/11/03.

 

On 11/07/01, Owen filed a 3.850 Appeal to the Florida Supreme Court.  The Court affirmed the trial court’s denial of the 3.850 Motion on 07/11/03.  Owen then filed a motion for a rehearing, which was denied on 09/02/03.  A mandate was issued on 10/02/03.

 

On 12/15/03, Owen filed a Petition for a Writ of Habeas Corpus to the United States District Court, Southern District, which was denied on 09/06/07.

 

On 11/25/08, Owen filed a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit.  The court affirmed the denial of the Petition for Writ of Habeas Corpus on 05/18/09.

 

Owen filed a Petition for Writ of Certiorari in the United States Supreme Court on 10/02/09. The petition was denied on 01/19/10.


The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

 

OWEN, Duane Eugene (W/M)

DC# 101660

DOB:  02/13/61

 

Fifteenth Judicial Circuit, Palm Beach County Case# 84-4014

Sentencing Judge:  The Honorable Richard B. Burk

Attorneys, Trial:  Craig Boudreau & Barry Krischer – Court-appointed

Attorney, Direct Appeal:  Craig Boudreau – Court-appointed

Attorney, Collateral Appeals:  James Driscoll, Jr. – CCRC-M

 

Date of Offense:  03/24/84

Date of Sentence:  03/14/86

Date of Resentence:  03/23/99

 

Circumstances of the Offense:

 

During the evening of 03/24/84, the 14-year-old victim was babysitting for a couple. She had called her mother several times during the evening, and the last time she spoke with her mother was around 10:00 p.m. A little after midnight, the couple returned home. The lights and the television were not on, and the victim did not greet the couple at the door. The couple called the police and the victim’s body was found. There was evidence of several stab wounds and sexual assault. The intruder apparently entered through a bedroom window by cutting the screen and left a bloody footprint during his exit.

 

In June of 1984, Owen was thought to be a burglary suspect in another offense. The Boca Raton Police department apprehended Owen and during the booking process discovered outstanding warrants. At this time, Owen was questioned about a murder and sexual assault that occurred on 03/29/84. During the questioning, Owen stated that he did not want a lawyer present but did request a particular officer from Delray Beach to be present. Owen confessed to a number of sexual batteries, burglaries, and other lesser offense, however he refused to discuss the 03/29/84 murder. On 06/21/84, the Delray Beach police made an inked impression of Owen’s footprints. The same day the Boca Raton police charged Owen with First-Degree Murder based on fingerprints taken from the crime scene. Owen then confessed to the 03/29/84 murder. He admitted to taking off his clothing, committing a burglary, rendering the victim unconscious, and then sexually assaulting her. Immediately following the admission, police questioned Owen about the 03/24/84 murder. Initially, Owen denied any knowledge of the murder, but when the police revealed that the ink impression of Owen’s footprint matched the bloody footprint found at the scene, he confessed.

 

Additional Information:

 

Owen was indicted (10 days earlier) for the same three offenses in which he received the same convictions and sentences (CC# 84-4000). 

 

Owen was sentenced to life for other offenses, which were committed approximately one month prior to the aforementioned offenses (CC# 84-4001).  On 12/09/05, the Circuit Court (presided by Judge Krista Marx) resentenced Owen to consecutive life terms for these offenses.

 

Trial Summary:

 

07/11/84          Defendant was indicted on the following charges:

                                    Count I:           First-Degree Murder

                                    Count II:         Sexual Battery with a Deadly weapon

Count III:        Unlawful Entry of a Dwelling with an Armed and Dangerous Weapon

07/12/84          Defendant entered a written plea of not guilty

10/18/85          The defendant was found guilty on all counts.

11/07/85          The jury recommended the death penalty by a vote of 11-1.

03/14/86          Defendant was sentenced as follows:

                                    Count I:           First-Degree Murder – Death

Count II:         Sexual Battery with a Deadly Weapon – Life, to run consecutive to the sentence in Count II from Case 84-4001       

Count III:        Unlawful Entry of a Dwelling with an Armed and Dangerous Weapon – Life, to run consecutive to Count II

 

Retrial Information:

 

03/01/90          Jurisdiction returned to the Circuit Court by FSC for retrial

01/29/99          Defendant found guilty

03/04/99          The jury recommended the death penalty by a vote 10-2

03/23/99          Defendant sentenced as follows:

                                    Count I:           First Degree Murder – Death               


Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 68,550

560 So. 2d 207

 

03/24/86          Appeal filed

03/01/90          FSC reversed all convictions and remanded the case for a new trial

05/02/90          Rehearing denied

11/05/90          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari (filed by State)

USSC# 90-231

498 U.S. 855

 

07/13/90          Petition filed

10/01/90          Petition denied

 

Florida Supreme Court – Direct Appeal (Retrial)

FSC# 95,526

862 So.2d 687

 

05/07/99          Appeal filed

10/23/03          Affirmed judgment and sentence

12/19/03          Rehearing denied

12/19/03          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 03-9345

125 S.Ct. 494

 

03/23/04          Petition filed

11/15/04          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 84-4014

 

11/01/05          Motion filed

09/22/06          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 06-2104

986 So.2d 534

 

10/23/06          Appeal filed

05/08/08          Appeal denied

05/22/08          Motion for Rehearing filed

07/10/08          Rehearing denied

07/28/08          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 07-650

986 So.2d 534

 

04/11/07          Petition filed

05/08/08          Habeas denied

05/22/08          Motion for Rehearing filed

07/10/08          Rehearing denied

07/28/08          Mandate issued

 

United States District Court, South – Petition for Writ of Habeas Corpus

USDC# 08-80876

 

08/07/08          Petition filed

11/30/10          Petition denied

12/27/10          Motion to Alter Judgment

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

Both Direct Appeals were pending for four years before the Florida Supreme Court were able to render a decision.  The main delay in this case was the nine years the court took to retry Owen.

 

Case Information:

 

Owen filed a Direct Appeal on 03/24/86. The main issues brought up in the appeal surrounded the admissibility of Owen’s confession. The Florida Supreme Court was unable to uphold the trial court’s ruling that Owen had not invocated his right to remain silent at any time during the interrogation process. In addition, the Court was unable to say whether this error was harmless beyond reasonable doubt, therefore they reversed Owen’s conviction on 03/01/90. The rehearing was denied on 05/02/90 and the mandate was issued on 11/05/90.

 

Owen was retried in the Circuit Court and found guilty on 01/29/99. He was again sentenced to death on 03/23/99. Owen then filed a Direct Appeal for retrial to the Florida Supreme Court on 05/07/99.  His conviction and sentence was affirmed by the Court on 10/23/03.

 

Owen filed at Petition for a Writ of Certiorari to the United States Supreme Court on 03/05/04, which was denied on 11/22/04.

 

On 11/01/05, Owen filed a 3.850 Motion to the Circuit Court, which was denied on 09/22/06.

 

On 10/23/06, Owen filed a 3.850 Appeal to the Florida Supreme Court, which was denied 05/08/08.  On 05/22/08, Owen filed a Motion for Rehearing which was denied on 07/10/08.  The Florida Supreme Court issued a Mandate on 07/28/08.

 

On 04/11/07, Owen filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.  The Florida Supreme Court denied this petition on 05/08/08.  Owen filed a Motion for Rehearing on 05/22/08, which was denied on 07/10/08.  The Florida Supreme Court issued a Mandate on 07/28/08.

 

On 08/07/08, Owen filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District.  This petition was denied on 11/30/10. A Motion to Alter Judgment was filed on 12/27/10.

 
Institutional Adjustment:

 

DATE

DAYS

VIOLATION

LOCATION

06/30/86

10

POSS OF NEGOTIABLES

060

08/14/90

30

POSS OF WEAPONS

FLORIDA STATE PRISON

07/18/01

60

DISOBEYING ORDER

UNION CI

 

________________________________________________________________________

 

Report Date:     02/04/02          NMP

Approved         06/28/02          WS

Updated:          01/13/11          EMJ