SCOTUS Gives Florida Greenlight To Get Justice Against Child Killer

The U.S. Supreme Court and Florida’s highest court have firmly rejected last-ditch efforts to halt the execution of James Aren Duckett, a former police officer convicted of the brutal 1987 rape and murder of an 11-year-old girl, clearing the way for the long-delayed delivery of justice.

Duckett, 68, was scheduled for lethal injection at noon on July 28, 2026, at Florida State Prison. Governor Ron DeSantis signed the death warrant in February, initially setting an earlier date that was delayed for additional DNA testing.

The Florida Supreme Court on July 24 denied Duckett’s motion for a stay of execution, affirming a lower court’s rejection of his sixth successive postconviction motion and a second post-warrant request for further DNA testing.

In its ruling, the Florida Supreme Court stated: “We affirm the circuit court’s rulings. We therefore deny Duckett’s motion for a stay of execution.”

The justices noted that prior DNA testing results “did not exonerate Duckett” and that additional claims were procedurally barred.

No rehearing would be considered.

Chief Justice Couriel and Justices Muñiz, Grosshans, Francis, and Sasso concurred.

Duckett’s attorneys then turned to the U.S. Supreme Court, filing an application for a stay of execution (docketed as 26A119) along with a petition for a writ of certiorari.

They argued that the denial of further DNA testing violated due process and claimed “no direct evidence has ever linked Mr. Duckett to the crime,” insisting that untested evidence could demonstrate innocence or reduce his sentence. The filing warned of a potential “wrongful execution.”

The Supreme Court denied the stay applications for both Duckett and fellow death-row inmate Dominick Occhicone on July 28, allowing Florida’s scheduled double execution to proceed.

The denials came after the state responded and the full briefing process was completed.

Duckett was a Mascotte police officer when he was convicted nearly four decades ago of sexually battering and murdering 11-year-old Teresa McAbee.

He has remained on death row for more than 30 years through successive appeals.

After DeSantis signed the warrant, courts granted limited DNA testing; the results proved inconclusive and failed to support claims of innocence.

Subsequent requests for more testing were rejected as time-barred and lacking merit.

One justice described certain postconviction motions as “both time-barred and frivolous, undoubtedly filed only for unreasonably delaying his execution further.”

This case emphasizes the necessity of finality in capital cases involving the most heinous crimes.

Endless successive challenges, even after DNA opportunities have been provided and exhausted without exoneration, risk turning the justice system into a never-ending delay mechanism that denies closure to victims’ families.

Teresa McAbee was a child whose life was stolen in an unimaginable act of violence by someone sworn to protect the public.

After almost 40 years of legal process, the courts have determined that the convictions and sentence stand.

Florida, under Governor DeSantis, has led the nation in carrying out lawful death sentences for the worst offenders.

The state has conducted numerous executions in recent months, reflecting its commitment to enforce the law as written and as upheld by juries and appellate courts.

Denials of stays in Duckett’s case affirm that legitimate claims receive review and dilatory tactics prompt timely accountability.

What happens next is the execution of the sentence lawfully imposed and repeatedly affirmed.

With federal and state courts having rejected further delays, the process moves forward according to the warrant.

Lower federal courts and the Eleventh Circuit also denied related challenges, including those involving simultaneous scheduling with Occhicone.

The denials in Duckett v. Florida and related filings represent the justice system functioning as intended: thorough review followed by enforcement of final judgments.

For the family of Teresa McAbee and for the principle that the most serious crimes demand the most serious consequences, these rulings deliver long-overdue resolution.

The rule of law requires that after decades of process, sentences for the rape and murder of a child are carried out.