The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
DAILEY, James (W/M)
DC# 108509
DOB: 06/11/46
Sixth Judicial Circuit, Pinellas County Case # 85-7084
Sentencing Judge: The Honorable Thomas E. Penick
Attorney, Trial: Hank Andringa and James Denhardt – Private
Attorney, Direct Appeal: A. Anne Owens – Assistant Public Defender (1991)
Paul C. Helm – Assistant Public Defender (1995)
Attorney, Collateral Appeals: Robert Strain & David Gemmer – CCRC-M
Date of Offense: 05/05/85
Date of Sentence: 08/07/87
Date of Resentence: 01/21/94
Circumstances of Offense:
On 05/05/85, the victim, 14 year old Shelly Boggio, her twin sister Stacey, and Stephanie Forsythe were hitchhiking near St. Petersburg when they were picked up by James Dailey, Jack Pearcy, and Dwaine Shaw. The group went to a bar and then to Pearcy’s house, where they met Pearcy’s girlfriend, Gayle Bailey. Stacey and Stephanie returned home, and Shelly, Gayle and the men went to another bar and returned to Pearcy’s house around midnight. Shelly, Dailey, and Pearcy left in a car. When the two men returned later, without Shelly, Dailey was wearing wet pants and carrying a bundle. The next morning, Dailey and Pearcy went to a laundromat and told Gayle to pack because they were going to Miami.
That morning, Shelly’s nude body was found floating in the water near Indian Rocks Beach. She had been stabbed, strangled, and drowned.
Codefendant Information:
Pearcy and Dailey were tried separately for the crime. Pearcy was convicted of First-Degree Murder and sentenced to life imprisonment.
Trial Summary:
01/22/86 Indicted on one count of First-Degree Murder
06/27/87 Jury returned a guilty verdict
06/30/87 Jury recommended a death sentence by a vote of 12-0
08/07/87 Sentenced to death
01/21/94 Resentenced to death. New jury recommendation not require
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 71,164
594 So. 2d 254
09/21/87 Appeal filed
11/14/91 FSC affirmed conviction, but vacated death sentence
03/19/92 Rehearing denied
04/20/92 Mandate issued
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 83,160
659 So. 2d 246
02/09/94 Appeal filed
05/25/95 FSC affirmed death sentence
08/22/95 Rehearing denied
09/21/95 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 95-6801
516 U.S. 1095
11/21/95 Petition filed
01/22/96 USSC denied petition
Circuit Court – 3.850 Motion
CC# 85-7084
04/01/97 Motion filed
11/12/99 Motion amended
07/20/05 CC denied motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 05-1512
965 So.2d 38
08/22/05 Appeal filed
05/31/07 FSC affirmed denial of motion
09/26/07 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 06-576
965 So.2d 38
03/22/06 Petition filed
05/31/07 FSC denied petition
06/19/07 Motion for Rehearing
9/26/07 Mandate issued
United States District Court, Middle District-Petition for Writ of Habeas Corpus
USDC# 07-cv-01897
10/19/07 Petition filed
04/01/11 Petition denied
Factors Contributing to the Delay in Imposition of Sentence:
The original Direct Appeal was pending from 09/21/87 – 04/20/92, and the 3.850 Motion was pending from 04/01/97 – 07/20/05.
Case Information:
On 09/21/87, Dailey filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors: admission of state witness testimony that was irrelevant and prejudicial; introduction of a knife sheath into evidence; use of hearsay statements of a police detective, an inmate, and the codefendant (Pearcy); improper jury instructions at the guilt phase; improper statements by the prosecutor during closing arguments; court certification of a witness as an expert; improper finding of aggravating circumstances (murder committed during a felony [sexual battery], murder to prevent a lawful arrest, and murder committed in a cold, calculated, premeditated manner); and considering evidence from Pearcy’s trial in Dailey’s trial. On 11/14/91, the FSC affirmed the conviction, but reversed the death sentence and remanded for resentencing.
On 01/21/94, the Circuit Court resentenced Dailey to death. The original jury recommendation vote of 12-0 on 06/30/87 remained intact for the resentencing.
On 02/09/94, Dailey filed a Direct Appeal with the Florida Supreme Court, citing the following court errors: denying Dailey’s motion for an entirely new penalty phase, failing to find and weigh mitigating circumstances, and denying Dailey’s motion to disqualify the judge. On 05/25/95, the FSC affirmed the death sentence of Dailey.
On 11/21/95, Dailey filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 01/22/96.
On 04/01/97, Dailey filed a 3.850 Motion with the Circuit Court that was amended on 11/12/99. On 07/20/05, the Circuit Court denied the motion.
On 08/22/05, Dailey filed a 3.850 Motion Appeal with the Florida Supreme Court, and on 05/31/07, the FSC affirmed the denial of the motion. The FSC issued a mandate on 09/26/07.
On 03/22/06, Dailey filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was denied on 05/31/07. On 06/19/07, a motion for rehearing was filed. A mandate was issued on 09/26/07.
Dailey filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District, on 10/16/07. That petition was denied on 04/01/11.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
10/21/90 30 POSS OF NEGOTIABLES FLORIDA STATE PRISON
02/06/91 20 DISORDERLY CONDUCT FLORIDA STATE PRISON
12/06/91 30 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
08/24/99 0 MAIL VIOLATIONS UNION C. I.
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Report Date: 10/10/01 JFL
Approved: 10/16/01 WS
Updated: 04/15/11 JJK