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.
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 andtwo codefendants (Ronnie Ferrell and Sylvester Johnson) approached the victim,Gino Mayhew, who was selling crack cocaine outside of his ChevroletBlazer. The witness saw Hartley place a gun to Mayhew’s head and forcehim 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 ahigh rate of speed, with Johnson following in a truck.
On 04/23/91, police found Mayhew slumped in the driver’sseat with five gunshot wounds – one shot to the forehead, three shots to theback of his head, and one shot to the shoulder.
Codefendant Information:
Hartley and the two codefendants, Ferrell and Johnson, wereeach charged and tried separately for the First-Degree Murder, robbery, andkidnapping of seventeen-year-old Gino Mayhew. Ferrell was convicted andsentenced to death for the First-Degree Murder charge, and Johnson wasconvicted 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 felonyoffender)
CountIII 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 ofSentence:
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 FloridaSupreme Court, citing eleven errors: admission of a police officer’s statement;exclusion of defense witness testimony; improper denial of a motion formistrial; improper exclusion of state witness testimony; excusing a jurorwithout a race-neutral reason; excusing a juror for cause due to opposition toimposition of the death penalty; improper jury instruction regarding anaggravating circumstance (cold, calculated, premeditated murder); improperfinding of the cold, calculated, premeditated murder aggravating circumstance;erroneous doubling of aggravating circumstances (pecuniary gain and committedduring a felony); improper jury instruction regarding an aggravatingcircumstance (heinous, atrocious, and cruel murder); and improper finding ofthe heinous, atrocious, and cruel murder aggravating circumstance. TheFSC affirmed the conviction and sentence on 09/19/96.
Hartley filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 05/05/97 that was denied on 10/06/97.
Hartley filed a 3.850 Motion with the Circuit Court on09/17/98 that was amended on 11/09/98, 04/11/02, and 05/14/02. The Motionwas 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 SupremeCourt on 07/13/04 that was voluntarily dismissed on 08/16/04. Hartleyfiled a 3.850 Motion Appeal with the Florida Supreme Court on 01/10/05 that wasdenied on 05/22/08.
Hartley filed a Petition for Writ of Habeas Corpus with theUnited 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 ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
09/26/00 0 DEFACING STATE PROP. UNION C.I.
08/01/01 0 DISOBEYINGORDER UNION C. I.
______________________________________________________________________
Report Date: 10/05/01 JFL
Approved: 11/16/01 WS
Updated: 01/26/11 CAR