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Last NameFirst NamePictureDC NumberAgencyCase Summary
DuncanDonn 013871CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
ParmerMarieTampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

Last Updated

2008-01-09 11:43:13.0

Case Summary
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The Commission on Capital Cases updates this information regularly

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


DUNCAN, Donn (W/M)

DC#     013871

DOB: 09/25/45


­­­­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 – AssistantPublic 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 hisfiancée, Deborah Bauer, her daughter, CarrieanneBauer, and Deborah Bauer’s mother, Antoinette Blakeley.  On the evening of12/28/90, Deborah Bauer left the house to go drinking, with Duncan following ashort time later.  Duncan returned around 8:30 p.m., telling Blakely thatBauer would be home later.  He explained that he had refused to buy Bauerbeer, 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 notargue, and that he was leaving in the morning.  After Bauer returnedaround 10:30 p.m., she slept on the couch. 


After Duncan awoke on 12/29/90, he had a brief conversationwith Blakeley before looking for Bauer on the front porch.  Bauer wassmoking a cigarette, and Duncan stood behind her for a few seconds beforestabbing her multiple times with a kitchen knife that was hidden in hisjacket.  When Carrieanne Bauer responded to theattack and her mother’s screams, Duncan threatened her with the knife. Duncan then threw the knife on the ground and waited for the police toarrive.  Bauer suffered two life-threatening wounds in the back, threedefensive wounds to her arms and one leg, and a fatal wound to her chest. 


After being advised of his rights, Duncan told police thathe had been arguing with Bauer and he remembered stabbing her twice.  In asigned statement, Duncan wrote:


I walked out the door with theknife and stabbed Debbie [Bauer] as she was

sitting onthe stoop.  I think I stabbed her twice.  I saw her go off with twoguys

last nightshe came home about 1:00 a.m. and I guess I went nuts.




Prior Incarceration History in the State of Florida:


Duncan was convicted andsentenced for the Second-Degree Murder of a fellow inmate in 1969.



Trial Summary:


01/17/91         Indicted as follows:

                                   Count I First-DegreeMurder

                                   CountII           AggravatedAssault

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 anew penalty phase

03/26/08          Sentence reduced to life imprisonment



Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 78,630

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

USSC# 93-6055

510 U.S. 969


09/15/93         Petition filed

11/08/93         USSC denied Petition


Circuit Court – 3.850 Motion

CC# 90-13778


05/02/95         Motion filed

06/02/98         Motion amended

03/04/02         Circuit Court granted Motion in part anddenied in part


United States District Court, Middle District-Petitionfor Writ of Habeas Corpus

USDC #97-00070


02/12/97         Petition filed

04/02/98         Petition denied

07/27/98         COA denied


Florida Supreme Court – 3.850 Motion Appeal

FSC# 02-636

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 HabeasCorpus

FSC# 03-145

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)

USSC# 04-1583

126 S. Ct. 397


05/19/05         Petition filed

10/03/05         USSC denied petition



Factors Contributing to the Delay in Imposition ofSentence:


The 3.850 Motion waspending from 05/02/95 – 03/04/02.



Case Information:


Duncan filed a DirectAppeal with the Florida Supreme Court on 09/19/91, citing the followingerrors:  the death sentence is disproportionate compared to other casesand is cruel and unusual punishment; admission of gruesome photographs of the1969 murder; and refusal to give numerous special jury instructions.  TheFSC affirmed the convictions and sentences on 04/29/93. 


Duncan filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court on 09/15/93 that was deniedon 11/08/93. 


Duncan filed a 3.850Motion with the circuit court on 05/02/95 and amended the Motion on06/02/98.  The Motion was denied in part and granted in part on03/04/02. 


On 02/12/97 Duncan fileda 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 3.850Motion Appeal with the Florida Supreme Court on 03/21/02, and Duncan filed across-appeal on 03/25/02.  On 11/24/04, the FSC affirmed the granting of anew penalty phase and the denial of the other issues raisedin the 3.850 Motion. 


Duncan filed a Petitionfor Writ of Habeas Corpus with the Florida Supreme Court on 01/27/03.  On11/24/04, the FSC denied the Petition. 


On 05/19/05, the Statefiled a Petition for Writ of Certiorari with the U.S. Supreme Court that wasdenied on 10/03/05.


On 03/26/08, Duncan wasresentenced to life imprisonment in the circuit court.



Institutional Adjustment:




DATE                    DAYS                    VIOLATION                                       LOCATION      


01/03/93               0                            POSS OF NEGOTIABLES                  FLORIDA STATE PRISON

12/22/02               60                          DISRESP.TOOFFICIALS             UNION C. I.        

09/15/03               30                          DISRESP.TOOFFICIALS                  UNION C. I.                                                                    



Report Date:   05/05/03          JFL

Approved:       05/12/03         WS                 

Updated:         08/19/08          KLH