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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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05/22/2018
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NOTICE-APPEAL (3.851 SUCCESSOR)
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AA Duane Eugene Owen BY: AA James L. Driscoll 78840
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05/22/2018
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RECORD/TRANSCRIPT
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Sharon Repak Bock BY: Sharon Repak Bock
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Filed Electronically
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05/25/2018
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No Fee Required
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3.851 Proceeding
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05/25/2018
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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Order Denying Defendant's Successive Motion to Vacate Judgments of Conviction and Sentence
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05/25/2018
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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05/25/2018
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ORDER-DEP BRIEF SCHED (40)
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The record having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before July 2, 2018; appellee's brief shall be filed twenty days after filing of appellant's brief; and appellant's reply brief shall be filed twenty days after filing of appellee's brief.
Motions for extension of time will be granted only due to a medical emergency.
The initial and answer briefs shall not exceed seventy-five pages. The reply brief shall not exceed twenty-five pages. Motions to file enlarged briefs will not be entertained by the Court.
***SEE OTSC ISSUED 6/25/2018.***
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05/31/2018
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MOTION-OTHER SUBSTANTIVE
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AA Duane Eugene Owen BY: AA Gregory W. Brown 86437
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Motion for Order to Show Cause
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06/25/2018
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ORDER-SHOW CAUSE (MISC)
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Appellant's Motion for Order to Show Cause is hereby granted. The following schedule supersedes the briefing schedule issued May 25, 2018.
The State shall show cause on or before July 16, 2018, why relief should not be granted to the defendant based on this Court's precedent in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017), Davis v. State, 207 So. 3d 142 (Fla. 2016), and Mosley v. State, 209 So. 3d 1248 (Fla. 2016). The State's response shall not exceed twenty-five pages. A reply may be served on or before July 26, 2018, which shall not exceed fifteen pages.
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07/16/2018
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RESPONSE
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AE State Of Florida state1 BY: AE Celia Terenzio 656879
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Response to Order to Show Cause
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07/23/2018
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REPLY TO RESPONSE
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AA Duane Eugene Owen BY: AA James L. Driscoll 78840
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Reply to State's Response to Order to Show Cause
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07/25/2018
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ORDER-NO REQ SCHED (MISC)
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The above case has been submitted to the Court without oral argument.
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04/24/2019
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ORDER-DEP BRIEF SCHED (MISC)
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Following the parties' responses to this Court's June 25, 2018, order to show cause, the Court determines that full briefing would be helpful. Appellant's brief is to be filed on or before May 14, 2019; appellee's brief shall be filed twenty days after filing of appellant's brief; and appellant's reply brief shall be filed twenty days after filing of appellee's brief. The parties' briefs shall address, but are not limited to, whether this Court should recede from the retroactivity analysis in Asay v. State, 210 So. 3d 1 (Fla. 2016); Mosley v. State, 209 So. 3d 1248 (Fla. 2016); and James v. State, 615 So. 2d 668 (Fla. 1993).
Motions for extension of time will be granted only due to a medical emergency.
The initial and answer briefs shall not exceed fifty pages. The reply brief shall not exceed fifteen pages.
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05/14/2019
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INITIAL BRIEF-MERITS
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AA Duane Eugene Owen BY: AA James L. Driscoll 78840
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Initial Brief of the Appellant
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06/03/2019
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ANSWER BRIEF-MERITS
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AE State Of Florida state1 BY: AE Celia Terenzio 656879
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Answer Brief of Appellee
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06/05/2019
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CERTIFICATE OF SERVICE (AMD)
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AE State Of Florida state1 BY: AE Celia Terenzio 656879
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Notice of State's Corrected Certificate of Service Page
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06/06/2019
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MOTION-AMICUS CURIAE
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ME Florida Prosecuting Attorneys Association BY: ME Arthur I. Jacobs 108249
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Motion for Leave to Appear as Amicus Curiae for Purposes of Adopting the Position of Appellee, the Attorney General, State of Florida in the Appeal from the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida (Criminal Division)
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06/11/2019
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ORDER-AMICUS CURIAE GR
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The Motion for Leave to Appear as Amicus Curiae filed by the Florida Prosecuting Attorneys Association is hereby granted, and they are allowed to adopt the Answer Brief of Appellee, filed with this Court on June 3, 2019, as their own.
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06/24/2019
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REPLY BRIEF-MERITS
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AA Duane Eugene Owen BY: AA James L. Driscoll 78840
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Reply Brief of the Appellant
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02/26/2020
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NOTICE-SUPPLEMENTAL AUTHORITY
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AE State Of Florida state1 BY: AE Celia Terenzio 656879
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State's Notice of Supplemental Authority: McKinney v. Arizona, Case No. 18-1109 (February 25, 2020)
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06/25/2020
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DISP-AFFIRMED
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FSC-OPINION: Accordingly, we affirm the order of the circuit court upholding the death sentence imposed in this case. It is so ordered. ***Corrected opinion issued November 5, 2020.***
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07/06/2020
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MOTION-REHEARING
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AA Duane Eugene Owen BY: AA James L. Driscoll 78840
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07/21/2020
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RESPONSE
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AE State Of Florida state1 BY: AE Celia Terenzio 656879
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Response to Motion for Rehearing
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11/05/2020
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DISP-REHEARING DY
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Appellant's Motion for Rehearing is hereby denied.
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11/05/2020
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WEST CORRESPONDENCE
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ATTENTION: ALL PUBLISHERS
THE FOLLOWING CORRECTIONS HAVE BEEN MADE IN THE ABOVE OPINION:
On page 2, second paragraph, "Owen has also been convicted of the first-degree murder of another victim, Georgianna Worden, who was murdered five days after Slattery in a scenario "substantially similar to [that] of the Slattery murder." Id. at 691." has been changed to "Owen has also been convicted of the first-degree murder of another victim, Georgianna Worden, who was murdered approximately two months after Slattery in a scenario "substantially similar to [that] of the Slattery murder." Id. at 691-92; Owen v. State (Owen I), 560 So. 2d 207, 209 (Fla. 1990)."
On page 3, first full paragraph, "Even though Owen murdered Slattery five days before he murdered Worden, his death sentence for the murder of Slattery is in a different posture with respect to our Hurst-related precedent. The reason for this difference is that Owen's original conviction and sentence of death for Slattery's murder was reversed and remanded for a new trial, see Owen v. State (Owen I), 560 So. 2d. 207, 212 (Fla. 1990), which delayed the finality date of his conviction and sentence for that murder." has been changed to "Even though Owen murdered Slattery before he murdered Worden, his death sentence for the murder of Slattery is in a different posture with respect to our Hurst-related precedent. The reason for this difference is that Owen's original conviction and sentence of death for Slattery's murder were reversed and remanded for a new trial, see Owen I, 560 So. 2d at 212, which delayed the finality date of his conviction and sentence for that murder."
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11/30/2020
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PUBLISH FULL
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11/30/2020
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MANDATE
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11/30/2020
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ORDER-NOTICE OF DELAY
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Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the time frame had already expired by the time this case was filed.
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04/05/2021
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USSC Not/Cert Filed in FSC
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The petition for a writ of certiorari in-the above entitled case was filed on
March 24, 2021 and placed on the docket March 31, 2021 as No. 20-7615.
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06/21/2021
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USSC Disp-Certiorari Dy
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The Court today entered the following order in the above-entitled case:
The petition for a writ of certiorari is denied.
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