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Justices refuse to reconsider death case ruling

Death Row inmate convicted in 1985 murder of teen set to be put to death Nov. 7

Florida Department of Corrections photo of James Dailey
Florida Department of Corrections photo of James Dailey

TALLAHASSEE, Fla. – The Florida Supreme Court has refused to reconsider a decision that rejected an appeal by an inmate slated to be put to death Nov. 7.

Without explanation, the Supreme Court on Monday unanimously denied a motion for rehearing and clarification filed by attorneys for Death Row inmate James Dailey.

The attorneys filed the motion after the Supreme Court on Oct. 3 rejected an appeal by Dailey. Gov. Ron DeSantis last month signed a death warrant for Dailey, who was convicted in the May 1985 murder of 14-year-old Shelly Boggio, who had been hitchhiking with her twin sister and another girl near St. Petersburg, according to court documents.

Dailey and another man, Jack Pearcy, were accused of taking Boggio to an area near Indian Rocks Beach, where her body was later found with multiple stab wounds.

Pearcy was sentenced to life in prison for the murder, while Dailey received the death penalty.

In the motion for a rehearing and clarification, Dailey's attorneys argued that the Supreme Court had improperly refused to consider a 2017 confession by Pearcy in the murder.