Duane Eugene Owen

Case information

• Name: Duane Eugene Owen
• Date of birth: 02/13/61
• Jurisdiction: Fifteenth Judicial Circuit, Palm Beach County
• Case number: 84-4000
• Sentencing judge: The Honorable Richard B. Burk
• Attorneys, trial: Craig Boudreau & Barry Krischer (court-appointed attorney)
• Attorneys, direct appeal: Craig Boudreau (court-appointed attorney)
• Attorneys, collateral appeals: Mark E. Olive (private)

Background

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 on 05/30/84 on unrelated charges. During 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.

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.

The offence

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

Investigation

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.

Trial

• 07/01/84: Defendant was indicted on the following charges:
  • Count I: First-Degree Murder
• 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 — 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

Sentencing

On 03/14/86, Owen was sentenced to death on Count I (First-Degree Murder). He was also sentenced to life on Count II (Sexual Battery with a Deadly Weapon) with the sentence set to run consecutive to the sentence in Count II from Case 84-4014, and life on Count III (Unlawful Entry of a Dwelling with an Armed and Dangerous Weapon) with the sentence set to run consecutive to Count II.

Appeals

Direct appeal

• 04/07/86: Owen filed a Direct Appeal to the Florida Supreme Court
• The main claim raised in the Direct Appeal 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.
• The Florida Supreme Court affirmed the sentence and conviction on 01/23/92.
• 04/01/92: Rehearing was denied.
• 05/01/92: The mandate was issued.

United States Supreme Court

• 08/14/92: Owen filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 10/13/92: The petition was denied.

Collateral appeals (3.850)

• 10/13/94: Owen filed an amended 3.850 Motion to the Circuit Court.

• 11/05/97: A Huff hearing was held, where the court denied some claims and scheduled others for an evidentiary hearing.

• 12/08/97: The evidentiary hearing was held.

  • 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.

• 01/07/98: A 3.850 Appeal was filed to the Florida Supreme Court.

  • The Florida Supreme Court found no abuse of discretion by the Circuit Court.

• 09/21/00: The Circuit Court’s denial of the 3.850 motion was affirmed.

• 11/13/00: Rehearing was denied.

• 12/13/00: The mandate was issued.

• 02/23/01: Owen filed a Petition for Writ of Certiorari to the United States Supreme Court.

• 04/02/01: The petition was denied.

• 07/29/01: Owen filed a 3.850 Motion to the Circuit Court.

• 09/21/01: The motion was denied.

Habeas corpus

• 09/28/01: Owen filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.

• 11/07/01: Owen also filed a 3.850 Appeal to the Florida Supreme Court.

• 07/11/03: Both were denied.

• On 11/07/01, Owen filed a 3.850 Appeal to the Florida Supreme Court.

• 07/11/03: The Court affirmed the trial court’s denial of the 3.850 Motion.

• 09/02/03: Owen filed a motion for a rehearing, which was denied.

• 10/02/03: A mandate was issued.

• 12/15/03: Owen filed a Petition for a Writ of Habeas Corpus to the United States District Court, Southern District, currently pending.

Outcome

The rehearing was denied on 04/01/92, and the mandate was issued on 05/01/92.

The petition for writ of certiorari to the United States Supreme Court was denied on 10/13/92.

Later collateral proceedings resulted in denial of claims after hearings in the circuit court, with affirmation by the Florida Supreme Court on 09/21/00 and denial of petitions on 07/11/03.

The petition for a writ of habeas corpus filed 12/15/03 in the United States District Court, Southern District, was pending.

Timeline

• 05/29/84 — Forcible entry of Georgianna Worden’s home; Ms. Worden was hit with a hammer and died; she was sexually assaulted after being hit
• 05/29/84 — Ms. Worden’s children found her body on the morning of 05/29/84 as they were preparing for school
• 05/30/84 — Owen was arrested on unrelated charges
• 07/01/84 — Owen was indicted on Count I First-Degree Murder, Count II Sexual Battery with a Deadly weapon, and Count III Unlawful Entry of a Dwelling with an Armed and Dangerous Weapon
• 07/12/84 — Owen entered a written plea of not guilty
• 02/18/86 — Owen was found guilty on all counts
• 03/05/86 — The jury recommended the death penalty by a vote of 10-2
• 03/14/86 — Owen was sentenced: death for Count I; life consecutive for Count II; life consecutive for Count III
• 04/07/86 — Owen filed a Direct Appeal to the Florida Supreme Court
• 07/31/86 — Owen filed a 3.850 motion in the circuit court
• 09/01/86 — Jurisdiction transferred to the trial court to allow for a ruling on the 3.850 motion
• 10/20/87 — The 3.850 motion was dismissed; jurisdiction returned to the Court
• 01/23/92 — The Florida Supreme Court affirmed the sentence and conviction
• 04/01/92 — Rehearing denied
• 05/01/92 — Mandate issued
• 08/14/92 — Owen filed a Petition for Writ of Certiorari to the United States Supreme Court
• 10/13/92 — Petition denied
• 10/13/94 — Owen filed an amended 3.850 Motion to the Circuit Court
• 11/05/97 — Huff hearing held; some claims denied and others scheduled for an evidentiary hearing
• 12/08/97 — Evidentiary hearing held; 3.850 Motion denied after Owen decided not to proceed
• 01/07/98 — 3.850 Appeal filed to the Florida Supreme Court
• 09/21/00 — Affirmed denial of the 3.850 motion; rehearing denied on 11/13/00
• 12/13/00 — Mandate issued
• 02/23/01 — Petition for Writ of Certiorari filed to the United States Supreme Court
• 04/02/01 — Petition denied
• 07/29/01 — 3.850 Motion filed to the Circuit Court
• 09/21/01 — Motion denied
• 09/28/01 — Petition for Writ of Habeas Corpus filed to the Florida Supreme Court
• 11/07/01 — 3.850 Appeal filed to the Florida Supreme Court
• **07/11/03