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)
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:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATIONOF 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.TOOFFICIALS UNION C. I.
09/15/03 30 DISRESP.TOOFFICIALS UNION C. I.
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Report Date: 05/05/03 JFL
Approved: 05/12/03 WS
Updated: 08/19/08 KLH