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
DaileyJames 108509CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
8/22/2005FSC05-15123.850 Appeal
5/31/2007FSC05-1512Denial affirmed
3/22/2006FSC06-576Habeas petition
4/1/2011USDC07-01897Habeas petition denied
10/18/2007USDC07-1897Habeas petition

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
StrainRobert T.Tampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

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. 


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 andJames Denhardt – Private

Attorney, Direct Appeal: A. Anne Owens – Assistant PublicDefender (1991)

     Paul C. Helm – Assistant PublicDefender (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 werehitchhiking near St. Petersburg when they were picked up by James Dailey, Jack Pearcy, and Dwaine Shaw.  The group went to a bar andthen to Pearcy’s house, where they met Pearcy’s girlfriend, Gayle Bailey.  Stacey andStephanie returned home, and Shelly, Gayle and the men went to another bar andreturned to Pearcy’s house around midnight. Shelly, Dailey, and Pearcy left in a car.  Whenthe two men returned later, without Shelly, Dailey was wearing wet pants andcarrying a bundle.  The next morning, Dailey and Pearcywent to a laundromat and told Gayle to pack becausethey were going to Miami. 


That morning, Shelly’s nude body was found floating in thewater near Indian Rocks Beach.  She had been stabbed, strangled, anddrowned. 


Codefendant Information:


Pearcy and Dailey were triedseparately for the crime.  Pearcy was convictedof 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 (afterresentencing)

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 HabeasCorpus

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-Petitionfor Writ of Habeas Corpus

USDC# 07-cv-01897


10/19/07         Petition filed

04/01/11          Petitiondenied


Factors Contributing to the Delay in Imposition ofSentence:


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 FloridaSupreme Court, citing the following trial court errors:  admission ofstate witness testimony that was irrelevant and prejudicial; introduction of aknife sheath into evidence; use of hearsay statements of a police detective, aninmate, and the codefendant (Pearcy); improper juryinstructions at the guilt phase; improper statements by the prosecutor duringclosing arguments; court certification of a witness as an expert; improperfinding of aggravating circumstances (murder committed during a felony [sexualbattery], 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, theFSC affirmed the conviction, but reversed the death sentence and remanded forresentencing. 


On 01/21/94, the Circuit Court resentenced Dailey todeath.  The original jury recommendation vote of 12-0 on 06/30/87 remainedintact for the resentencing. 


On 02/09/94, Dailey filed a Direct Appeal with the FloridaSupreme Court, citing the following court errors:  denying Dailey’s motionfor an entirely new penalty phase, failing to find and weigh mitigatingcircumstances, and denying Dailey’s motion to disqualify the judge.  On05/25/95, the FSC affirmed the death sentence of Dailey. 


On 11/21/95, Dailey filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 01/22/96.


On 04/01/97, Dailey filed a 3.850 Motion with the CircuitCourt that was amended on 11/12/99.  On 07/20/05, the Circuit Court deniedthe motion. 


On 08/22/05, Dailey filed a 3.850 Motion Appeal with theFlorida Supreme Court, and on 05/31/07, the FSC affirmed the denial of themotion.  The FSC issued a mandate on 09/26/07.


On 03/22/06, Dailey filed a Petition for Writ of HabeasCorpus 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 theUnited States District Court, Middle District, on 10/16/07. That petition wasdenied on 04/01/11.


Institutional Adjustment:




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.         




Report Date:    10/10/01          JFL

Approved:       10/16/01          WS

Updated:         04/15/11          JJK