BALDWIN

v.

UNITED STATES

Citator

Cited By

• Nelson v. State, 748 So. 2d 237 (Fla. 1999)
  …e disagree. In order for HAC to apply, the crime must be both conscienceless or pitiless and unnecessarily torturous to the victim. See Zakrzewski v. State, 717 So. 2d 488 (Fla.1998); Hartley v. State, 686 So. 2d 1316, 1323 (Fla.1996), cert. denied, 522 U.S. 825, 118 S.Ct. 86, 139 L.Ed.2d 43 (1997); Richardson v. State, 604 So. 2d 1107, 1109 (Fla.1992). The trial court made the following findings in the sentencing order: When the victim got out to look, the Defendant hit the victim with the metal baseball…
• Diaz v. State, 860 So. 2d 960 (Fla. 2003)
  …ore have held that for this factor to apply, the murder must be conscienceless or pitiless and unnecessarily torturous to the victim. Buckner v. State, 714 So. 2d 384, 390 (Fla.1998); Hartley v. State, 686 So. 2d 1316, 1323 (Fla.1996), cert. denied, 522 U.S. 825, 118 S.Ct. 86, 139 L.Ed.2d 43 (1997). We have consistently held that instantaneous or near instantaneous deaths by gunshot, unaccompanied by additional acts to mentally or physically torture the victim, are not especially heinous, atrocious, or cru…
• Hartley v. State, 990 So. 2d 1008 (Fla. 2008)
  …ach of Hartley’s claims of error. I. FACTS AND PROCEDURAL HISTORY Hartley was convicted of the first-degree murder, armed robbery, and armed kidnapping of seventeen-year-old Gino Mayhew. Hartley v. State, 686 So. 2d 1316, 1318 (Fla.), cert. denied, 522 U.S. 825, 118 S.Ct. 86, 139 L.Ed.2d 43 (1997). At trial, the evidence showed that on the evening of April 22, 1991, the defendant— then twenty-four years old — and two other men (Ronnie Ferrell and Sylvester Johnson) forced Mayhew, a local drug dealer, into…