Donn Duncan

Case information

• Name: Donn Duncan
• Date of birth: 09/25/45
• Case number (Ninth Judicial Circuit, Orange County): 90-13778
• Supreme Court of Florida opinion number: 78630
• Supreme Court of Florida docket: SC02-636
• Circuit court docket: 013871
• Sentencing judge: The Honorable Daniel P. Dawson

Background

Donn Duncan lived with his fiancée, Deborah Bauer, her daughter, Carrieanne Bauer, and Deborah Bauer’s mother, Antoinette Blakeley.

The offence

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. Duncan 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. 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

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

Trial

• Indictment date: 01/17/91

  • Count I: First-Degree Murder
  • Count II: Aggravated Assault

• Jury verdict date: 05/23/91 The jury returned guilty verdicts on both counts of the indictment.

• Jury recommendation date: 07/01/91 The jury recommended a death sentence by a vote of 12-0.

Sentencing

• Sentencing date: 08/30/91
  • Count I (First-Degree Murder): Death
  • Count II (Aggravated Assault): 3.5 years

Timeline

• 12/28/90 — Deborah Bauer left the house to go drinking; Duncan followed a short time later.
• 12/29/90 — Duncan stabbed Deborah Bauer on the front porch using a kitchen knife hidden in his jacket.
• 01/17/91 — Duncan was indicted on Count I First-Degree Murder and Count II Aggravated Assault.
• 05/23/91 — Jury returned guilty verdicts on both counts.
• 07/01/91 — Jury recommended a death sentence (12-0).
• 08/30/91 — Sentenced to death on Count I; sentenced to 3.5 years on Count II.
• 09/19/91 — Duncan filed a direct appeal to the Florida Supreme Court.
• 04/29/93 — The Florida Supreme Court affirmed the convictions and sentences.
• 09/15/93 — Duncan filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 11/08/93 — U.S. Supreme Court denied the Petition for Writ of Certiorari.
• 05/02/95 — Duncan filed a 3.850 Motion with the circuit court.
• 06/02/98 — Duncan amended the 3.850 Motion.
• 03/04/02 — The Motion was denied in part and granted in part.
• 03/21/02 — The State filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 03/25/02 — Duncan filed a cross-appeal.
• 11/24/04 — Florida Supreme Court affirmed the granting of a new penalty phase and the denial of the other issues raised in the 3.850 Motion.
• 01/27/03 — Duncan filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 11/24/04 — Florida Supreme Court denied the Petition.
• 05/19/05 — The State filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 10/03/05 — U.S.

Appeals

Direct appeal

Duncan filed a Direct Appeal with the Florida Supreme Court on 09/19/91, citing:

• The death sentence was disproportionate compared to other cases and was cruel and unusual punishment.
• Admission of gruesome photographs of the 1969 murder.
• Refusal to give numerous special jury instructions.

The Florida Supreme Court affirmed the convictions and sentences on 04/29/93.

U.S. Supreme Court certiorari (direct appeal stage)

Duncan filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 09/15/93; the petition was denied on 11/08/93.

Collateral proceedings (3.850 and related appeals)

Duncan filed a 3.850 Motion with the circuit court on 05/02/95 and amended it on 06/02/98. The Motion was denied in part and granted in part on 03/04/02.

• The State filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/21/02.
• Duncan filed a cross-appeal on 03/25/02.

On 11/24/04, the Florida Supreme Court affirmed the granting of a new penalty phase and the denial of the other issues raised in the 3.850 Motion.

Habeas corpus

Duncan filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 01/27/03. On 11/24/04, the Florida Supreme Court denied the Petition.

U.S. Supreme Court certiorari (State petition)

On 05/19/05, the State filed a Petition for Writ of Certiorari with the U.S. Supreme Court. The petition was denied on 10/03/05.

Participants and counsel

• Trial counsel: Robert Larr & Louis Lorincz — Assistant Public Defender
• Direct appeal counsel: Michael S. Becker — Assistant Public Defender
• Collateral appeals counsel: Marie Parmer — CCRC-M

Other details

• Date of offence: 12/29/90
• Date of sentence: 08/30/91
• Trial summary:
  • 01/17/91 — Indicted as follows:
    • Count I: First-Degree Murder
    • Count II: Aggravated Assault
  • 07/01/91 — Jury recommended a death sentence by a vote of 12-0.