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)
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.
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:
Prison Sentence Length
10Y 0M 0D
POSS.FIREARM BY FELON
1Y 0M 0D
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
Florida Supreme Court – Direct Appeal
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
522 U.S. 825
05/05/97 Petition filed
10/06/97 USSC denied Petition
Circuit Court – 3.850 Motion
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
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
10/07/08 Petition filed
Circuit Court – 3.850 Motion
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.
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.
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