Dillbeck Death Warrant

Florida's first death warrant since pandemic pause

Governor Ron DeSantis signed his fourth death warrant, and first since 2019, on Monday. Barring court intervention or unforeseen circumstances, the state will execute Donald Dillbeck on February 23 at 6 p.m.

Dillbeck’s been on death row since March 1991 for the murder of Faye Vann in Leon County. He was serving a life sentence for killing a Lee County deputy. Dillbeck was 15 when he shot the deputy with his own gun during a fight on Fort Myers Beach. On June 22, 1990, Dillbeck walked away from a low-security work detail in Quincy, and two days later, attempted to steal Vann’s car in a Tallahassee mall parking lot, stabbing her to death in the process. The jury recommended the death penalty by a vote of 8-4.

The death warrant sets in motion a calendar of deadlines for the litigants and the trial judge. The Florida Supreme Court issued the briefing schedule on Monday following the warrant. All trial court proceedings must “be completed and orders entered by 3:00 p.m., Tuesday, February 7, 2023.” Dillbeck will have until 10 a.m. the next day to file a notice of appeal, the record will need to be at the supreme court by 3 p.m. that day, and the first brief is due two days later, Friday, February 10. The state will have the weekend to draft the answer brief, which is due 3 p.m. Monday. Twenty-four hours later, Dillbeck’s reply brief is due.

If Dillbeck loses, he’ll likely go to the U.S. Supreme Court’s emergency docket for last minute intervention. Pre-COVID, that Court looked very different, and it was not uncommon to wait until 9, 10, or 11 p.m. for a decision before the warden proceeded with the lethal injection protocol.

Please subscribe for updates on Dillbeck’s case. If and when Dillbeck’s appeal goes to the Florida Supreme Court, we’ll post the briefs on Twitter (@fla_ct_rev) and discuss the arguments here. We’ll follow the court’s ruling and any activity at SCOTUS leading up to February 23rd at 6 p.m.