Whether the State's knowing use of perjury is relevant to determining whether the perjured testimony was material to the verdict

QUESTIONS PRESENTED Petitioner James Milton Dailey was convicted of capital murder and sentenced to death. He has since discovered that the State made knowing use of perjured testimony by one of the principal witnesses against him. But the Florida Supreme Court refused to set aside the conviction, holding that the fact that the prosecution’s use of perjury was knowing and intentional has no bearing on whether the resulting conviction should be reversed. The questions presented are: Whether the State’s knowing use of perjury is relevant to determining whether the perjured testimony was material to the verdict. Whether perjured testimony that the State knowingly used must be deemed material to the verdict so long as there is any reasonable likelihood that the false testimony “could” have affected the judgment of the jury. ii NOTICE OF RELATED CASES Pursuant to this Court’s Rule 14.1(b)(iii), these are related cases: Underlying Trial: Circuit Court of Pinellas County, Florida State of Florida v. James Milton Dailey, 1985-CF007084 Judgment Entered: August 7, 1987 Direct Appeal: Florida Supreme Court Dailey v. State, 594 So. 2d 254 (Fla. 1991) (reversed death sentence) Judgment Entered: November 14, 1991 Resentencing Proceeding: Circuit Court of Pinellas County, Florida State of Florida v. James Milton Dailey, 1985-CF007084 Judgment Entered: January 21, 1994 Second Direct Appeal: Florida Supreme Court Dailey v. State, 659 So. 2d 246 (Fla. 1995) Judgment Entered: May 25, 1995 Supreme Court of the United States Dailey v. Florida, 516 U.S. 1095 (1996) Judgment Entered: January 22, 1996 111 First Postconviction Proceeding: Circuit Court of Pinellas County, Florida State of Florida v. James Milton Dailey, 1985-CF007084 Judgment Entered: July 14, 2005 Florida Supreme Court Dailey v. State, 965 So. 2d 38 (Fla. 2007) Judgment Entered: May 31, 2007 United States District Court for the Middle District of Florida Dailey v. Secretary, Florida Department of Corrections, No. 8:07-cv-01897 (M.D. Fla. Sept. 30, 2008) Judgment Entered: September 30, 2008 United States District Court for the Middle District of Florida Dailey v. Secretary, Florida Department of Corrections, No. 8:07-cv-01897 (M.D. Fla. Apr. 1, 2011), as amended Mar. 29, 2012 Judgment Entered: April 1, 2011 United States Court of Appeals for the Eleventh Circuit Dailey v. Secretary, Florida Department of Corrections, No. 1212-P (11th Cir. July 19, 2012) Judgment Entered: July 19, 2012 Supreme Court of the United States Dailey v. Crews, 569 U.S. 961 (2018) Judgment Entered: April 29, 2013 1V Second Postconviction Proceeding: Circuit Court of Pinellas County, Florida State of Florida v. James Milton Dailey, 1985-CF007084 Judgment Entered: April 12, 2017 Florida Supreme Court Dailey v. State, 247 So. 3d 390 (Fla. 2018) Judgment Entered: June 26, 2018 Supreme Court of the United States Dailey v. Florida, 139 8. Ct. 947 (2019) Judgment Entered: January 22, 2019 Third Postconviction Proceeding: Circuit Court of Pinellas County, Florida State of Florida v. James Milton Dailey, 1985-CF007084 Judgment Entered: March 20, 2019 Florida Supreme Court Dailey v. State, 279 So. 3d 1208 (Fla. 2019), rhrg denied, SC18-557, 2019 WL 5152446 (Fla. Oct. 14, 2019) Judgment Entered: October 3, 2019 Supreme Court of the United States Dailey v. Florida, 141 8. Ct. 689, No. 19-7309 Judgment entered: November 2, 2020 First Successive Motion After Death Warrant Signed: Circuit Court of Pinellas County, Florida State of Florida v. James Milton Dailey, 1985-CF007084 Vv Judgment Entered: October 16, 2019 Florida Supreme Court Dailey v. State, 283 So. 3d 782 (Fla. 2019) Judgment Entered: November 12, 2019 United States District Court for the Middle District of Florida Dailey v. Secretary, Florida Department of Corrections, No. 8:19-cv-02956 (M.D. Fla. Dec. 5, 2019) Judgment Entered: December 5, 2019 Dailey v. Secretary, Florida Department of Corrections, No. 8:07-cv-01897 (M.D. Fla. Dec. 10, 2019) Judgment Entere