The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
HartleyKenneth 318987RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
1/10/2005FSC04-13873.850 Appeal
6/9/2008FSC04-1387Motion for rehearing
9/10/2008FSC04-1387Rehearing denied
10/7/2008USDC08-00962Habeas petition
11/22/2010CC91-81443.850 Motion
12/13/2010CC91-8144State's Reponse to 3.850 Motion

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
McDermottLinda M.Wilton Manors, FL1141 N.E. 30th St.33334-850/322-2172Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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


Sentence Date


Case No.

Prison Sentence Length






10Y 0M 0D






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



10/07/08         Petition filed


Circuit Court – 3.850 Motion

CC# 91-8144



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:





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