The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 Pullamfloating in the St. Johns River. The victim had been beaten around thehead and died as the result of gunshot and stab wounds. Medical evidenceindicated that the victim was stabbed three times in the chest and back , shotonce in the back, and then struck about the head postmortem.
Michael Hyzer, a mutual friend of Hardwick and the victimtestified that Hardwick had admitted that he had killed the victim for stealingdrugs from him and dumped the body in the river.
Additional Information:
In a separate case (Case# 8500493), Hardwick wascharged with one count each of Robbery with a Deadly Weapon andKidnapping. These charges were related to the First-Degree Murder chargein the above case. On 06/27/85, Hardwick was sentenced to two seventeenyear 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 ExtraordinaryRelief 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04/09/90 Petition withdrawn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 HabeasCorpus
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 forWrit 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 forWrit 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 forWrit 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 caseto the USDC
U.S. District Court, Middle District – on remand fromUSCA
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 ofSentence:
The four-and-a-half years to decide a Petition for Writ ofHabeas Corpus (02/16/90 – 09/08/94) and the three years to decide a 3.850Motion Appeal (06/05/91 – 09/08/94). During this time frame, however, theFSC ordered an evidentiary hearing to be held at the Circuit Court level. The current delay arises from the Federal Petition for Writ of Habeas Corpusdenied in the USDC, the subsequent appeal to the USCA, and remand to theUSDC.
Case Information:
Hardwick filed a Direct Appeal with the Florida SupremeCourt on 05/14/86, citing the following eight errors: improper exclusion oftestimony; improper refusal to allow pro se representation; improperrestriction of cross-examination; violations of witness sequestration rule;defense had a right to a jury instruction on intoxication; failure of the stateto eliminate other reasonable hypotheses of innocence; improper conclusions onaggravating and mitigating circumstances; and error in finding two aggravatingcircumstances (heinous, atrocious, and cruel and cold, calculated, andpremeditated) based on the same facts. The FSC affirmed the convictionand sentence on 02/04/88.
Hardwick filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 06/03/88 that was denied on 10/03/88.
Hardwick filed a 3.850 Motion with the Circuit Court on02/16/90. On 03/06/90, the Circuit Court denied the Motion, but onappeal, the FSC ordered the Circuit Court to conduct an evidentiaryhearing. After conducting the evidentiary hearing, the Circuit Court againdenied the motion on 03/21/91.
Hardwick filed a Petition for Extraordinary Relief and Writof Mandamus with the Florida Supreme Court on 03/30/90 that was withdrawn on04/09/90.
On 01/10/90, the Governor signed a death warrant forHardwick.
Hardwick filed a Petition for Writ of Habeas Corpus with theFlorida 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 Motionevidentiary hearing in the trial court. Following the Circuit Court’sdenial of the 3.850 Motion, the FSC denied the Petition for Writ of HabeasCorpus and affirmed the Circuit Court’s denial of the 3.850 Motion.
Hardwick filed a Petition for Writ of Habeas Corpus with theU.S. District Court on 03/20/95, citing twenty issues. The USDC deniedthe Petition on 02/24/97.
Hardwick filed a Petition for Writ of Habeas Corpus Appealwith the U.S. Court of Appeals on 07/02/97. On 09/04/97, the USCAvacated the USDC judgment and remanded the case for re-consideration, orderingthe USDC to review Hardwick’s Petition for Certificate of Appealability* thatthe USDC had granted in part and denied in part in its opinion on02/24/97. In its opinion, the USCA noted that the USDC had erroneouslyapplied the Certificate of Appealability provisions of the AEDPA to Hardwick’scase, which was pending at the time of the signing of the AEDPA.
On 09/17/97, the USDC granted Hardwick’s Petition forCertificate of Appealability, and on 10/27/97, the case was sent back to theUSCA for appeal.
On 01/31/03, the USCA affirmed the USDC’s denial of theHabeas Petition as to Hardwick’s conviction, but vacated the USDC’s denial ofthe Habeas Petition as to Hardwick’s death sentence. The USCA ordered anevidentiary hearing to be held on claims that counsel was ineffective atthe penalty phase of trial for failing to argue mitigating evidence.
On 03/02/03, the USDC stayed proceedings in the case pendinga resolution of a rehearing motion in the USCA. On 06/16/03, the case wasreopened and an evidentiary hearing is to be set.
On 06/20/03, Hardwick filed a Petition for Writ of HabeasCorpus 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 offederal Petitions for Writ of Habeas Corpus that are denied at the USDClevel. According to the AEDPA, the USDC must issue a Certificate ofAppealability in order for the Habeas Petition to be appealed to a higherfederal court.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST
DATE DAYS VIOLATION LOCATION
07/26/86 20 DISOBEYINGORDER FLORIDA STATE PRISON
09/22/87 30 DISRESPECT TOOFFICIALS FLORIDA STATE PRISON
12/02/87 15 DISRESPECT TOOFFICIALS FLORIDA STATE PRISON
03/02/89 0 DISOBEYINGORDER FLORIDA STATE PRISON
09/04/90 20 DISRESPECT TOOFFICIALS 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 ESCAPEPARA. UNION C. I.
01/25/95 0 DISRESPECT TO OFFICIALS UNION C. I.
03/26/00 0 DISOBEYINGORDER UNION C. I.
03/26/00 90 OBSCENE PROFANEACT UNION C. I.
02/19/02 0 MISUSE OF STATE PROP UNION C. I.
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Report Date: 09/17/01 JFL
Approved: 11/16/01 WS
Updated: 04/02/04 JFL