The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor 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 & JamesDriscoll – 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 of05/29/84, 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 thehammer. Her children found Ms. Worden’s body on the morning of 05/29/84, asthey 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, Owenconfessed to this murder. Owen’s fingerprint was also found on a library bookin the victim’s home.
Additional Information:
Owen was indicted (10 days later) for the same threeoffenses in which he received the same convictions and sentences (CC#84-4014).
Owen was sentenced to life for other offenses, which werecommitted 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:
CountI: First-DegreeMurder (Georgianna Worden)
CountII: Sexual Battery with aDeadly weapon
CountIII: Unlawful Entry of a Dwellingwith 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:
CountI: First-DegreeMurder (Georgianna Worden) – Death
CountII: Sexual Battery with aDeadly Weapon – Life to run consecutive to the sentence in Count II from Case84-4014
CountIII: Unlawful Entry of a Dwellingwith 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 ofCertiorari
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 ofCertiorari
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 HabeasCorpus
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 – HabeasPetition 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 ofCertiorari
USSC# 09-6983
130 S.Ct. 1141
10/02/09 Petitionfiled
01/19/10 Petition denied
Factors Contributing to the Delay in Imposition ofSentence
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 on04/07/86. Owen filed a 3.850 motion in the circuit court on 07/31/86. On09/01/86, the Court transferred jurisdiction of the case to the trial court inorder to allow for a ruling on the 3.850 Motion. On 10/20/87, the motion wasdismissed and jurisdiction was returned to the Court. In his Direct Appeal,Owen raised several issues surrounding the guilt phase of his trial. His mainclaim was that the confession obtained by law enforcement violated his SixthAmendment right to counsel. The Court ruled that Owen’s Sixth Amendment rightwas not violated because the interrogation session that resulted in theconfession took place prior to his first court appearance. In reference to thepenalty phase, all of Owen’s claims were either found to be harmless or wererejected by the Florida Supreme Court. The Court affirmed the sentence andconviction on 01/23/92. The rehearing was denied on 04/01/92, and the mandatewas issued on 05/01/92.
On 08/14/92, Owen filed a Petition for Writ of Certiorari tothe United States Supreme Court. On 10/13/92, the petition was denied.
Owen then filed an amended 3.850 Motion to the Circuit Courton 10/13/94. A Huff hearing was held on 11/05/97, where the court denied someclaims and scheduled others for an evidentiary hearing. The evidentiary hearingwas 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’stestimony, Owen decided not to proceed with the hearing because it wouldviolate attorney-client privilege; therefore, the 3.850 Motion was denied.
A 3.850 Appeal was filed to the Florida Supreme Court on01/07/98. Owen claimed that the Circuit Court erred in its denial of themotion. The Florida Supreme Court found no abuse of discretion by the CircuitCourt, and the Circuit Court’s denial of the 3.850 motion was affirmed on09/21/00. The rehearing was denied on 11/13/00, and the mandate was issued on12/13/00.
Owen filed a Petition for Writ of Certiorari to the UnitedStates 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 theFlorida Supreme Court on 09/28/01. He also filed a 3.850 Appeal to theFlorida 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 FloridaSupreme Court. The Court affirmed the trial court’s denial of the 3.850Motion on 07/11/03. Owen then filed a motion for a rehearing, which wasdenied on 09/02/03. A mandate was issued on 10/02/03.
On 12/15/03, Owen filed a Petition for a Writ of HabeasCorpus to the United States District Court, Southern District, which was deniedon 09/06/07.
On 11/25/08, Owen filed a Habeas Petition Appeal in theUnited States Court of Appeals, 11th Circuit. The court affirmed thedenial of the Petition for Writ of Habeas Corpus on 05/18/09.
Owen filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 10/02/09. The petition was denied on 01/19/10.
The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor 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 wasbabysitting for a couple. She had called her mother several times during theevening, and the last time she spoke with her mother was around 10:00 p.m. Alittle after midnight, the couple returned home. The lights and the televisionwere not on, and the victim did not greet the couple at the door. The couplecalled the police and the victim’s body was found. There was evidence ofseveral stab wounds and sexual assault. The intruder apparently entered througha bedroom window by cutting the screen and left a bloody footprint during hisexit.
In June of 1984, Owen was thought to be a burglary suspectin another offense. The Boca Raton Police department apprehended Owen andduring the booking process discovered outstanding warrants. At this time, Owenwas 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 butdid request a particular officer from Delray Beach to be present. Owenconfessed to a number of sexual batteries, burglaries, and other lesseroffense, however he refused to discuss the 03/29/84 murder. On 06/21/84, theDelray Beach police made an inked impression of Owen’s footprints. The same daythe Boca Raton police charged Owen with First-Degree Murder based onfingerprints taken from the crime scene. Owen then confessed to the 03/29/84murder. He admitted to taking off his clothing, committing a burglary,rendering the victim unconscious, and then sexually assaulting her. Immediatelyfollowing the admission, police questioned Owen about the 03/24/84 murder.Initially, Owen denied any knowledge of the murder, but when the policerevealed that the ink impression of Owen’s footprint matched the bloodyfootprint found at the scene, he confessed.
Additional Information:
Owen was indicted (10 days earlier) for the same threeoffenses in which he received the same convictions and sentences (CC#84-4000).
Owen was sentenced to life for other offenses, which werecommitted 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 aDeadly 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
CountII: Sexual Battery with aDeadly Weapon – Life, to run consecutive to the sentence in Count II from Case84-4001
CountIII: Unlawful Entry of a Dwelling withan 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: FirstDegree 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 ofCertiorari (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 ofCertiorari
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 HabeasCorpus
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 forWrit 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 ofthe Sentence:
Both Direct Appeals were pending for four years before theFlorida Supreme Court were able to render a decision. The main delay inthis case was the nine years the court took to retry Owen.
Case Information:
Owen filed a Direct Appeal on 03/24/86. The main issuesbrought up in the appeal surrounded the admissibility of Owen’s confession. TheFlorida Supreme Court was unable to uphold the trial court’s ruling that Owenhad not invocated his right to remain silent at any time during theinterrogation process. In addition, the Court was unable to say whether thiserror was harmless beyond reasonable doubt, therefore they reversed Owen’sconviction on 03/01/90. The rehearing was denied on 05/02/90 and the mandatewas issued on 11/05/90.
Owen was retried in the Circuit Court and found guilty on01/29/99. He was again sentenced to death on 03/23/99. Owen then filed a DirectAppeal for retrial to the Florida Supreme Court on 05/07/99. Hisconviction and sentence was affirmed by the Court on 10/23/03.
Owen filed at Petition for a Writ of Certiorari to theUnited 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 FloridaSupreme Court, which was denied 05/08/08. On 05/22/08, Owen filed aMotion for Rehearing which was denied on 07/10/08. The Florida SupremeCourt issued a Mandate on 07/28/08.
On 04/11/07, Owen filed a Petition for Writ of Habeas Corpusto the Florida Supreme Court. The Florida Supreme Court denied thispetition 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 Mandateon 07/28/08.
On 08/07/08, Owen filed a Petition for Writ of Habeas Corpusto the United States District Court, Southern District. This petition wasdenied 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