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:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONSAGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIMEDAYS 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