The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

HARTLEY, Kenneth (B/M)

DC# 318987

DOB: 01/27/67

Fourth Judicial Circuit, Duval County Case # 91-8144

Sentencing Judge: The Honorable R. Hudson Olliff

Attorney, Trial: Robert Stuart Willis – Private

Attorney, Direct Appeal: Harry Brody – Private

Attorney, Collateral Appeals: Linda McDermott – Registry

Date of Offense: 04/22/91

Date of Sentence: 12/09/93

Circumstances of Offense:

A witness testified that on 04/22/91, Kenneth Hartley and two codefendants (Ronnie Ferrell and Sylvester Johnson) approached the victim, Gino Mayhew, who was selling crack cocaine outside of his Chevrolet Blazer. The witness saw Hartley place a gun to Mayhew’s head and force him into the driver’s seat. Hartley sat in the back seat, behind Mayhew, and Ferrell climbed into the front passenger seat. The Blazer left at a high rate of speed, with Johnson following in a truck.

On 04/23/91, police found Mayhew slumped in the driver’s seat with five gunshot wounds – one shot to the forehead, three shots to the back of his head, and one shot to the shoulder.

Codefendant Information:

Hartley and the two codefendants, Ferrell and Johnson, were each charged and tried separately for the First-Degree Murder, robbery, and kidnapping of seventeen-year-old Gino Mayhew. Ferrell was convicted and sentenced to death for the First-Degree Murder charge, and Johnson was convicted and sentenced to life imprisonment.

Prior Incarceration History in the State of Florida:

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
09/03/1986	HOMICIDE,MANSL.CUL.NEGLI	01/19/1987	DUVAL	8610359	10Y 0M 0D
09/03/1986	POSS.FIREARM BY FELON	01/19/1987	DUVAL	8610359	1Y 0M 0D

Trial Summary:

07/25/91 Indicted as follows:

Count I First-Degree Murder

Count II Armed Robbery

Count III Armed Kidnapping

08/27/93 Jury returned guilty verdicts on all counts of the indictment

09/09/93 Jury recommended a death sentence by a vote of 9-3

12/09/93 Sentenced as follows:

Count I First-Degree Murder – Death

Count II Armed Robbery – 15 years

(habitual felony offender)

Count III Armed Kidnapping – Life Imprisonment

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 83,021

686 So.2d 1316

01/13/94 Appeal filed

09/19/96 FSC affirmed conviction and sentence

01/31/97 Rehearing denied

03/03/97 Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 96-8870

522 U.S. 825

05/05/97 Petition filed

10/06/97 USSC denied Petition

Circuit Court – 3.850 Motion

CC# 91-8144

09/17/98 Motion filed

11/09/98 Motion amended

04/11/02 Motion amended

05/14/02 Motion amended

06/10/04 Circuit Court denied Motion

10/04/04 Amended order issued

Florida Supreme Court – 3.850 Motion Appeal

FSC# 04-1387

990 So. 2d 1008

07/13/04 Appeal filed

08/16/04 Appeal voluntarily dismissed

01/10/05 Appeal filed

05/22/08 Appeal denied

06/09/08 Motion for rehearing

09/10/08 Rehearing denied

09/26/08 Mandate issued

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 08-00962

(Pending)

10/07/08 Petition filed

Circuit Court – 3.850 Motion

CC# 91-8144

(Pending)

11/22/10 Motion filed

Factors Contributing to the Delay in Imposition of Sentence:

The 3.850 Motion was pending from 09/17/98 – 06/10/04.

Case Information:

On 01/13/94, Hartley filed a Direct Appeal with the Florida Supreme Court, citing eleven errors: admission of a police officer’s statement; exclusion of defense witness testimony; improper denial of a motion for mistrial; improper exclusion of state witness testimony; excusing a juror without a race-neutral reason; excusing a juror for cause due to opposition to imposition of the death penalty; improper jury instruction regarding an aggravating circumstance (cold, calculated, premeditated murder); improper finding of the cold, calculated, premeditated murder aggravating circumstance; erroneous doubling of aggravating circumstances (pecuniary gain and committed during a felony); improper jury instruction regarding an aggravating circumstance (heinous, atrocious, and cruel murder); and improper finding of the heinous, atrocious, and cruel murder aggravating circumstance. The FSC affirmed the conviction and sentence on 09/19/96.

Hartley filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/05/97 that was denied on 10/06/97.

Hartley filed a 3.850 Motion with the Circuit Court on 09/17/98 that was amended on 11/09/98, 04/11/02, and 05/14/02. The Motion was denied on 06/10/04, and the court issued an amended order on 10/04/04.

Hartley filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/13/04 that was voluntarily dismissed on 08/16/04. Hartley filed a 3.850 Motion Appeal with the Florida Supreme Court on 01/10/05 that was denied on 05/22/08.

Hartley filed a Petition for Writ of Habeas Corpus with the United States District Court on 10/07/08. This petition is pending.

Hartley filed a 3.850 Motion with the Circuit Court. This motion is pending.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE DAYS VIOLATION LOCATION

09/26/00 0 DEFACING STATE PROP. UNION C. I.

08/01/01 0 DISOBEYING ORDER UNION C. I.

______________________________________________________________________

Report Date: 10/05/01 JFL

Approved: 11/16/01 WS

Updated: 01/26/11 CAR