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James Milton DAILEY





Classification: Murderer
Characteristics: Rape - Hitchhiking
Number of victims: 1
Date of murder: May 5, 1985
Date of birth: June 11, 1946
Victim profile: Shelly Boggio, 14
Method of murder: Stabbed, strangled, and drowned
Location: Pinellas County, Florida, USA
Status: Sentenced to death on August 7, 1987

Supreme Court of Florida


opinion 71164

opinion 83160

opinion SC05-1512


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: Eric Pinkard & James Driscoll – 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 required

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 that is pending. 

On 03/22/06, Dailey filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that is pending.



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