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.
DUNCAN, Donn (W/M)
Ninth Judicial Circuit, Orange County Case # 90-13778
Sentencing Judge: The Honorable Daniel P. Dawson
Attorney, Trial: Robert Larr & Louis Lorincz – Assistant Public Defender
Attorney, Direct Appeal: Michael S. Becker – Assistant Public Defender
Attorney, Collateral Appeals: Marie Parmer – CCRC-M
Date of Offense: 12/29/90
Date of Sentence: 08/30/91
Circumstances of Offense:
Donn Duncan was living with his fiancée, Deborah Bauer, her daughter, Carrieanne Bauer, and Deborah Bauer’s mother, Antoinette Blakeley. On the evening of 12/28/90, Deborah Bauer left the house to go drinking, with Duncan following a short time later. Duncan returned around 8:30 p.m., telling Blakely that Bauer would be home later. He explained that he had refused to buy Bauer beer, and that Bauer had left with a man who was going to buy her beer. Duncan told Blakely to ask Bauer to sleep on the couch so that they would not argue, and that he was leaving in the morning. After Bauer returned around 10:30 p.m., she slept on the couch.
After Duncan awoke on 12/29/90, he had a brief conversation with Blakeley before looking for Bauer on the front porch. Bauer was smoking a cigarette, and Duncan stood behind her for a few seconds before stabbing her multiple times with a kitchen knife that was hidden in his jacket. When Carrieanne Bauer responded to the attack and her mother’s screams, Duncan threatened her with the knife. Duncan then threw the knife on the ground and waited for the police to arrive. Bauer suffered two life-threatening wounds in the back, three defensive wounds to her arms and one leg, and a fatal wound to her chest.
After being advised of his rights, Duncan told police that he had been arguing with Bauer and he remembered stabbing her twice. In a signed statement, Duncan wrote:
I walked out the door with the knife and stabbed Debbie [Bauer] as she was
sitting on the stoop. I think I stabbed her twice. I saw her go off with two guys
last night she came home about 1:00 a.m. and I guess I went nuts.
Prior Incarceration History in the State of Florida:
Duncan was convicted and sentenced for the Second-Degree Murder of a fellow inmate in 1969.
01/17/91 Indicted as follows:
Count I First-Degree Murder
Count II Aggravated Assault
05/23/91 Jury returned guilty verdicts on both counts of the indictment
07/01/91 Jury recommended a death sentence by a vote of 12-0
08/30/91 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Aggravated Assault – 3.5 years
11/24/04 The Florida Supreme Court granted a new penalty phase
03/26/08 Sentence reduced to life imprisonment
Florida Supreme Court – Direct Appeal
619 So. 2d 279
09/19/91 Appeal filed
04/29/93 FSC affirmed convictions and sentences
06/17/93 Rehearing denied
07/16/93 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
510 U.S. 969
09/15/93 Petition filed
11/08/93 USSC denied Petition
Circuit Court – 3.850 Motion
05/02/95 Motion filed
06/02/98 Motion amended
03/04/02 Circuit Court granted Motion in part and denied in part
United States District Court, Middle District-Petition for Writ of Habeas Corpus
02/12/97 Petition filed
04/02/98 Petition denied
07/27/98 COA denied
Florida Supreme Court – 3.850 Motion Appeal
894 So. 2d 817
03/21/02 Appeal filed (State)
04/05/02 Appeal filed (Defense)
11/24/04 FSC affirmed granting of new penalty phase and denial of other issues
02/11/05 Rehearing denied
02/28/05 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
894 So. 2d 817
01/27/03 Petition filed
11/24/04 FSC denied Petition
02/28/05 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari (State)
126 S. Ct. 397
05/19/05 Petition filed
10/03/05 USSC denied petition
Factors Contributing to the Delay in Imposition of Sentence:
The 3.850 Motion was pending from 05/02/95 – 03/04/02.
Duncan filed a Direct Appeal with the Florida Supreme Court on 09/19/91, citing the following errors: the death sentence is disproportionate compared to other cases and is cruel and unusual punishment; admission of gruesome photographs of the 1969 murder; and refusal to give numerous special jury instructions. The FSC affirmed the convictions and sentences on 04/29/93.
Duncan filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 09/15/93 that was denied on 11/08/93.
Duncan filed a 3.850 Motion with the circuit court on 05/02/95 and amended the Motion on 06/02/98. The Motion was denied in part and granted in part on 03/04/02.
On 02/12/97 Duncan filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. This petition was denied on 04/02/98 and the certificate of apealability was denied on 07/27/98.
The State filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/21/02, and Duncan filed a cross-appeal on 03/25/02. On 11/24/04, the FSC affirmed the granting of a new penalty phase and the denial of the other issues raised in the 3.850 Motion.
Duncan filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 01/27/03. On 11/24/04, the FSC denied the Petition.
On 05/19/05, the State filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/03/05.
On 03/26/08, Duncan was resentenced to life imprisonment in the circuit court.
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
01/03/93 0 POSS OF NEGOTIABLES FLORIDA STATE PRISON
12/22/02 60 DISRESP.TO OFFICIALS UNION C. I.
09/15/03 30 DISRESP.TO OFFICIALS UNION C. I.
Report Date: 05/05/03 JFL
Approved: 05/12/03 WS
Updated: 08/19/08 KLH