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Florida Supreme Court refuses to reconsider James Dailey’s 1985 Pinellas murder conviction | Columns | Tampa


The Florida Supreme Court docket on Thursday refused to rethink a September resolution that rejected an attraction by a Dying Row inmate convicted of murdering a 14-year-old lady in 1985 in Pinellas County.

Justices, in a 6-1 ruling, denied a movement for a rehearing sought by James Dailey, whose case has drawn nationwide consideration. As is widespread, the court docket didn’t clarify its causes for denying the movement.

Justice Jorge Labarga was the one dissenter.

Dailey, now 75, and co-defendant Jack Pearcy had been convicted within the homicide of Shelly Boggio, whose nude physique was discovered with a number of stab wounds floating in water close to Indian Rocks Seaside.

Attorneys from Florida and different states have fought to overturn Dailey’s conviction, contending that he’s harmless of the homicide. Partially, that has been primarily based on a signed declaration in 2019 by Pearcy that he —- not Dailey —- killed Boggio.

Additionally, the attorneys have focused jailhouse informant Paul Skalnik, whose testimony helped result in Dailey’s responsible verdict.

Attorneys for Dailey argued on the Supreme Court docket {that a} prosecutor throughout Dailey’s 1987 trial had allowed false testimony from Skalnik. Justices on Sept. 23 rejected an attraction, which led to Dailey’s attorneys submitting the movement for rehearing.

“Rehearing and clarification are needed as a result of this court docket’s resolution to sanction the state’s conduct —- its realizing resolution to allow after which leverage its star witness’s perjury at James Dailey’s capital trial —- runs afoul of the U.S. Structure and departs from this court docket’s personal precedent,” the Oct. 8 movement for rehearing stated.

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