DAILEY v. STATE

No. SC18-557.

279 So.3d 1208 (2019)

James Milton DAILEY, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

October 3, 2019.


Attorney(s) appearing for the Case

Eric Pinkard , Capital Collateral Regional Counsel, and Chelsea Rae Shirley , Julissa R. Fontán , and Kara Ottervanger , Assistant Capital Collateral Regional Counsel, Middle Region, Temple Terrace, Florida; Seth Miller , Innocence Project of Florida, Inc., Tallahassee, Florida; Laura Fernandez , New Haven, Connecticut; and Cyd Oppenheimer , New Haven, Connecticut, for Appellant

Ashley Moody , Attorney General, Tallahassee, Florida, and Christina Z. Pacheco , Assistant Attorney General, Tampa, Florida, for Appellee

Elliot H. Scherker of Greenberg Traurig, P.A., Miami, Florida, and Karen M. Gottlieb , Florida Center for Capital Representation, Florida International University College of Law, Miami, Florida, for Amicus Curiae Right Reverend Neil Lebhar, Bishop of the Gulf Atlantic Diocese of the Anglican Church in North America

Craig Trocino , Director, Miami Law Innocence Clinic, University of Miami School of Law, Coral Gables, Florida, and Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, Florida, for Amicus Curiae the Innocence Network


James Milton Dailey, a prisoner under sentence of death, appeals the circuit court's order denying his second successive motion for postconviction relief, which was filed under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons that follow, we affirm.

I. BACKGROUND...

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