Supreme Court of Florida

James Milton Dailey v. State of Florida

September 23, 2021329 So. 3d 1280

Summary

The court affirmed the denial or dismissal of Dailey’s fourth and fifth successive postconviction motions and his motion to perpetuate testimony. It held that the prosecutorial-misconduct claim was untimely, procedurally barred, and immaterial; the alleged newly discovered evidence concerning Pearcy and the prosecutor was inadmissible or insufficient; the timeline claim was untimely; and no cumulative-error review was required. The court also upheld dismissal of the motion to perpetuate testimony as moot.