The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
EverettPaul Q13157RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
3/30/2006CC01029563.851 Motion
10/14/2010FSC08-1636 Denial affirmed
8/29/2008FSC08-16363.851 Appeal
4/8/2009FSC08-1636Initial brief
7/10/2009FSC08-1636Answer Brief
3/1/2010FSC08-1636Oral Arguments held
11/5/2010FSC08-1636Motion for rehearing
2/10/2011FSC08-1636Motion for rehearing denied
3/3/2011FSC08-1636Mandate issued
4/8/2009FSC09-646Habeas filed
3/1/2010FSC09-646Oral Arguments held
10/14/2010FSC09-646Petition denied
3/3/2011FSC09-646Mandate issued

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
Lykes, Jr.Charles E.Clearwater, FL501 S. Ft. Harrison Ave., Ste. 10133756-5348727/441-8308Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Lykes, Jr.01-2956SirmonsBay 3/4/20052/14/2006

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates thisinformation regularly.  This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes. 



DC#    Q13157

DOB:   02/11/79


Fourteenth Judicial Circuit, Bay County Case # 01-2956

Sentencing Judge: The Honorable Don T. Sirmons

Attorney, Trial: Walter B. Smith – Assistant Public Defender

Attorney, Direct Appeal: David Davis – Assistant PublicDefender

Attorney, Collateral Appeals:  Charles Lykes – Registry


Date of Offense:          11/02/01

Date of Sentence:        01/09/03


Circumstances of Offense:


Paul Everett lived in Alabama, but came to Panama CityBeach, Florida, during the week of 11/02/01.  He stayed at a motel, playedvideo games at one of the arcades, and used drugs.  Around dusk on11/02/01, Everett “ate some acid [LSD] and started tripping” and went lookingfor money.  Everett walked into the apartment of Kelli Bailey, saw herpurse, and began rummaging through it.  Everett found $70, but wasconfronted by Bailey.  Everett’s recollection of the events wasincomplete, but he remembered hitting her twice, grabbing her by the hair, andsexually assaulting her. 


The medical examiner testified that Bailey died fromsuffocation, caused from a broken vertebra that caused her diaphragm musclesnot to function.  The vertebra was broken when Everett grabbed Bailey bythe hair.  Specifically, injuries to Ms. Bailey resulting from the attackincluded a fractured nose; somewhat swollen eyelids; abrasions to the bottom ofher chin; lacerations and bruising to various areas of her lip; a laceration tothe top of the lip from which her front teeth protruded; bruising to thetongue; a knocked out tooth; abrasions and carpet burns to her thumb, elbows,and middle of her back; and abrasions to her vagina.


At the time of the murder, Everett was on bond pending theresolution of an appeal he had filed with an appellate court in Alabama (seeAdditional Information section).  His trip to Florida violated theconditions of the bond, and, on the day of the murder, he was seized and placedin the Baldwin County, Alabama jail.  A month after the murder, Everettconfessed to breaking into Bailey’s house, fighting with her, and sexuallyassaulting her. 


Additional Information:


Everett was under a sentence of imprisonment at the time ofthe murder.  In Alabama, on 09/08/99, Everett was convicted on one countof Second–Degree Possession of a Forged Instrument.  Everett was given asuspended sentence of 10 years and probation for 3 years.  On 02/08/00,Everett’s probation was revoked, and he was sentenced to 10 years inprison.  Everett appealed the decision and was freed on bond, pending theappeal.  On 10/05/01, Everett’s appeal was denied, and he was to begin hisprison sentence 15 days after the appellate decision.     


Trial Summary:


01/28/02         Indicted as follows:

                                   Count I:           First-Degree Murder

                                   Count II:           Burglarywith Assault

                                   Count III:         Sexual Battery

11/21/02         Jury returned guilty verdicts on all counts of the indictment

11/22/02         Jury recommended death by a vote of 12-0

01/09/03         Sentenced as follows:

                                   Count I:           First-Degree Murder – Death

                                   Count II:           Burglarywith Assault – Life Imprisonment

                                   Count III:         Sexual Battery –Life Imprisonment


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 03-73

893 So. 2d 1278


01/15/03         Appeal filed

11/24/04         FSC affirmed convictions and sentences

01/24/05         Rehearing denied

02/09/05         Mandate issued


U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 04-8925

544 U.S. 987


02/22/05         Petition filed

04/18/05         USSC denied Petition


Circuit Court – 3.851 Motion

CC# 01-2956


03/30/06         Motion filed

07/17/08         Motion denied 


Florida Supreme Court – 3.851 Appeal

FSC# 08-1636


08/29/08         Appeal filed

10/14/10          Denialaffirmed

11/05/10          Motionfor rehearing

02/10/11          Motionfor rehearing denied; revised opinion issued

03/03/11          Mandateissued


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 09-646


04/08/09         Petition filed

10/14/10          Petitiondenied

02/10/11          Revisedopinion issued

03/03/11          Mandateissued


Case Information:


Everett filed a Direct Appeal with the Florida Supreme Courton 01/15/03, citing the following errors: admitting physical evidence and aconfession, admitting the testimony of the State’s DNA expert regardingpopulation frequency, Ring issues, allowing improper penalty phase juryinstructions, and finding the imprisonment aggravating circumstance.  On11/24/04, the FSC affirmed the convictions and sentences. 


Everett filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 02/22/05 that was denied on 04/18/05.


Everett filed a 3.851 Motion with the Circuit Court on03/30/06 that was denied on 07/17/08.


Everett filed a 3.851 Appeal with the Florida Supreme Courton 08/29/08. The denial was affirmed on 10/14/10. Everett then filed a motionfor rehearing on 11/05/10.  On 02/10/11,the Florida Supreme Court issued a revised opinion on the 3.851 appeal that wasdenied on 10/14/10.  The decision was thesame.  In light of the revised opinion,Everett’s motion for rehearing was also denied on 02/10/11.


Everett filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 04/08/09, which was denied on 10/14/10.  On 02/10/11, the Florida Supreme Court issueda revised opinion on Petition for Writ of Habeas Corpus that was denied on10/14/10. The decision was the same.


Institutional Adjustment:





DATE                   DAYS   VIOLATION                                      LOCATION         

05/12/03                0                            ATTEMPT TOCONSPIRE                FLORIDA STATE PRISON

05/29/03                0                            POSS OFCONTRABAND                FLORIDA STATE PRISON

05/29/03                0                            BARTERING WITH OTHER             FLORIDA STATE PRISON

03/12/04               18                          DISRESP.TO OFFICIALS                 FLORIDA STATE PRISON

10/01/04                4                            UNARMED ASSAULT                     FLORIDA STATE PRISON



Report Date:    05/09/05        JFL

Updated:         03/11/11         JJK