Supreme Court of Florida

Duane Eugene Owen v. State of Florida

June 5, 2023364 So. 3d 1017

Summary

The court affirmed the summary denial of Owen’s fourth postconviction motion, concluding that his challenges to the waiver of his initial evidentiary hearing and his brain-damage evidence were untimely and procedurally barred, while his claims based on mental illness and prolonged confinement on death row were not cognizable under existing law. It also affirmed the denial of his competency-determination and MRI/PET-scan motions because Owen failed to connect them to a viable substantive postconviction claim. The court denied a stay of execution and oral argument.