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