Nov. 12 (UPI) -- The Supreme Court of Florida on Tuesday rejected an appeal for a stay of execution for a death row inmate convicted of killing a 14-year-old girl in 1985.
James Dailey was sentenced to death in 1987 for killing Shelly Boggio, whose body was found over 30 years ago stabbed, strangled, drowned and naked floating in waters off Indian Rocks Beach in Pinellas County.
In a 21-page ruling, the justices rejected the appeal for post-conviction relief. Dailey filed the appeal claiming innocence among other objections in September following Gov. Ron DeSantis signing his death warrant.
In the appeal, Dailey, 73, claimed that new evidence proved Boggio was killed by Jack Pearcy, a man who was also convicted in her death and sentenced to life in prison.
The justices rejected his arguments for the submission of new evidence for various reasons including their submission was untimely and they did not constitute favorable, admissible evidence.
"We affirm, and we also deny Dailey's motion for stay of execution and his petition for a writ of habeas corpus," the justices said in their ruling.
It was Dailey's third motion for post-conviction relief.
Dailey was scheduled for execution on Nov. 7 but was granted a temporary stay last month by U.S. District Judge William Jung to allow his new attorneys more time to prepare their case.