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.
HARDWICK, Jr. John Gary (W/M)
DC# 073053
DOB: 05/29/59
Fourth Judicial Circuit, Duval County Case # 85-3779
Sentencing Judge: The Honorable L. Page Haddock
Attorney, Trial: Frank J. Tassone, Jr. – Private
Attorney, Direct Appeal: Clyde M. Collins, Jr. – Private
Attorney, Collateral Appeals: Richard Kuritz – Registry (State)
Terri Backhus – Private (Federal)
Date of Offense: 12/24/84
Date of Sentence: 04/24/86
Circumstances of Offense:
On 12/24/84, a fisherman found the body of Keith Pullam floating in the St. Johns River. The victim had been beaten around the head and died as the result of gunshot and stab wounds. Medical evidence indicated that the victim was stabbed three times in the chest and back , shot once in the back, and then struck about the head postmortem.
Michael Hyzer, a mutual friend of Hardwick and the victim testified that Hardwick had admitted that he had killed the victim for stealing drugs from him and dumped the body in the river.
Additional Information:
In a separate case (Case# 8500493), Hardwick was charged with one count each of Robbery with a Deadly Weapon and Kidnapping. These charges were related to the First-Degree Murder charge in the above case. On 06/27/85, Hardwick was sentenced to two seventeen year terms for the crimes.
Trial Summary:
04/04/85 Indicted for First-Degree Murder
03/13/86 Jury returned guilty verdict
03/27/86 The Jury recommended the death sentence by a vote of 7-5
04/24/86 Sentenced to death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 68,769
521 So.2d 1071
05/14/86 Appeal filed
02/04/88 FSC affirmed conviction and sentence
04/08/88 Rehearing denied
05/17/88 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 87-7352
488 U.S. 871
06/03/88 Petition filed
10/03/88 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 85-3779
02/16/90 Motion filed
03/06/90 Circuit Court denied Motion
03/21/91 Circuit Court issued supplemental order denying motion
Florida Supreme Court – Petition for Extraordinary Relief and Writ of Mandamus
FSC# 75,786
562 So.2d 345
03/30/90 Petition filed
04/09/90 Petition withdrawn
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 75,556
648 So.2d 100
02/16/90 Petition filed
03/15/90 Stay granted, pending 3.850 evidentiary hearing in the Circuit Court
09/08/94 FSC denied Petition
01/17/95 Rehearing denied
01/17/95 Mandate issued
Florida Supreme Court – 3.850 Motion Appeal
FSC# 78,024
648 So.2d 100
06/05/91 Appeal filed
03/15/90 Stay granted, pending 3.850 evidentiary hearing in the Circuit Court
09/08/94 FSC affirmed denial of 3.850 Motion
01/17/95 Rehearing denied & Mandate issued
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 95-250-Civ-J-10
03/20/95 Petition filed
02/24/97 USDC denied petition
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 97-2319
320 F.3d 1127
07/02/97 Appeal filed
09/04/97 USCA vacated denial of Habeas Petition and remanded to USDC
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
(reconsideration by order of USCA)
USDC# 95-250-Civ-J-10
09/17/97 USDC issued an order granting the Petition for Certificate of Appealability
10/27/97 Case sent back to USCA for appeal
U.S. Court of Appeals – Petition for Writ of Habeas Corpus Appeal (after reconsideration)
USCA# 97-2319
320 F.3d 1127
10/27/97 Case received from USDC after reconsideration
01/31/03 USCA affirmed in part and vacated in part the USDC’s denial of the Petition and
remanded the case to the USDC
U.S. District Court, Middle District – on remand from USCA
USDC# 95-250-Civ-J-10
(Pending)
03/02/03 Proceedings stayed pending resolution of rehearing motion in USCA
06/16/03 Case reopened – Evidentiary hearing to be set
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-1106
861 So.2d 429
06/20/03 Petition filed
11/21/03 FSC denied Petition
Death Warrant Information:
01/10/90 Death warrant signed by Governor Martinez
03/15/90 Stay of execution granted by FSC
Clemency Information:
12/07/88 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition of Sentence:
The four-and-a-half years to decide a Petition for Writ of Habeas Corpus (02/16/90 – 09/08/94) and the three years to decide a 3.850 Motion Appeal (06/05/91 – 09/08/94). During this time frame, however, the FSC ordered an evidentiary hearing to be held at the Circuit Court level. The current delay arises from the Federal Petition for Writ of Habeas Corpus denied in the USDC, the subsequent appeal to the USCA, and remand to the USDC.
Case Information:
Hardwick filed a Direct Appeal with the Florida Supreme Court on 05/14/86, citing the following eight errors: improper exclusion of testimony; improper refusal to allow pro se representation; improper restriction of cross-examination; violations of witness sequestration rule; defense had a right to a jury instruction on intoxication; failure of the state to eliminate other reasonable hypotheses of innocence; improper conclusions on aggravating and mitigating circumstances; and error in finding two aggravating circumstances (heinous, atrocious, and cruel and cold, calculated, and premeditated) based on the same facts. The FSC affirmed the conviction and sentence on 02/04/88.
Hardwick filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 06/03/88 that was denied on 10/03/88.
Hardwick filed a 3.850 Motion with the Circuit Court on 02/16/90. On 03/06/90, the Circuit Court denied the Motion, but on appeal, the FSC ordered the Circuit Court to conduct an evidentiary hearing. After conducting the evidentiary hearing, the Circuit Court again denied the motion on 03/21/91.
Hardwick filed a Petition for Extraordinary Relief and Writ of Mandamus with the Florida Supreme Court on 03/30/90 that was withdrawn on 04/09/90.
On 01/10/90, the Governor signed a death warrant for Hardwick.
Hardwick filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/16/90 and a 3.850 Motion appeal on 06/05/91. On 03/15/90, the FSC granted a stay of execution, pending a 3.850 Motion evidentiary hearing in the trial court. Following the Circuit Court’s denial of the 3.850 Motion, the FSC denied the Petition for Writ of Habeas Corpus and affirmed the Circuit Court’s denial of the 3.850 Motion.
Hardwick filed a Petition for Writ of Habeas Corpus with the U.S. District Court on 03/20/95, citing twenty issues. The USDC denied the Petition on 02/24/97.
Hardwick filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals on 07/02/97. On 09/04/97, the USCA vacated the USDC judgment and remanded the case for re-consideration, ordering the USDC to review Hardwick’s Petition for Certificate of Appealability* that the USDC had granted in part and denied in part in its opinion on 02/24/97. In its opinion, the USCA noted that the USDC had erroneously applied the Certificate of Appealability provisions of the AEDPA to Hardwick’s case, which was pending at the time of the signing of the AEDPA.
On 09/17/97, the USDC granted Hardwick’s Petition for Certificate of Appealability, and on 10/27/97, the case was sent back to the USCA for appeal.
On 01/31/03, the USCA affirmed the USDC’s denial of the Habeas Petition as to Hardwick’s conviction, but vacated the USDC’s denial of the Habeas Petition as to Hardwick’s death sentence. The USCA ordered an evidentiary hearing to be held on claims that counsel was ineffective at the penalty phase of trial for failing to argue mitigating evidence.
On 03/02/03, the USDC stayed proceedings in the case pending a resolution of a rehearing motion in the USCA. On 06/16/03, the case was reopened and an evidentiary hearing is to be set.
On 06/20/03, Hardwick filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was denied on 11/21/03.
* - The Antiterrorism and Effective Death Penalty Act (AEDPA) was signed into law on 04/24/96. The AEDPA governs the appeal process of federal Petitions for Writ of Habeas Corpus that are denied at the USDC level. According to the AEDPA, the USDC must issue a Certificate of Appealability in order for the Habeas Petition to be appealed to a higher federal court.
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
07/26/86 20 DISOBEYING ORDER FLORIDA STATE PRISON
09/22/87 30 DISRESPECT TO OFFICIALS FLORIDA STATE PRISON
12/02/87 15 DISRESPECT TO OFFICIALS FLORIDA STATE PRISON
03/02/89 0 DISOBEYING ORDER FLORIDA STATE PRISON
09/04/90 20 DISRESPECT TO OFFICIALS FLORIDA STATE PRISON
08/01/92 0 DISOBEYING ORDER FLORIDA STATE PRISON
07/30/93 0 SPOKEN THREATS UNION C. I.
07/30/93 0 DISRESPECT TO OFFICIALS UNION C. I.
02/28/94 0 CONSUME INTOXICANTS UNION C. I.
07/28/94 0 FIGHTING UNION C. I.
01/18/95 60 POSS OF ESCAPE PARA. UNION C. I.
01/25/95 0 DISRESPECT TO OFFICIALS UNION C. I.
03/26/00 0 DISOBEYING ORDER UNION C. I.
03/26/00 90 OBSCENE PROFANE ACT UNION C. I.
02/19/02 0 MISUSE OF STATE PROP UNION C. I.
_______________________________________________________________________
Report Date: 09/17/01 JFL
Approved: 11/16/01 WS
Updated: 04/02/04 JFL