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 on for statistical or legal purposes.
BREEDLOVE, McArthur (B/M)
AKA: McArthur Jenkins
DC # 067719
DOB: 01/01/47
Eleventh Judicial Circuit, Dade County, Case #78-17415
Sentencing Judge: The Honorable Richard S. Fuller
Trial Attorneys: Jay Levine & Eugene Zenobi – Assistant Public Defenders
Attorneys, Direct Appeal: Elliot Scherker & Karen Gottlieb – Assistant Public Defenders
Attorneys, Collateral Appeals: Rachel Day – CCRC-S
Date of Offense: 11/06/78
Date of Sentence: 03/05/79
Circumstances of Offense:
McArthur Breedlove was convicted and sentenced to death for the murder of Frank Budnick on 11/06/78.
In the early morning of 11/06/78, Breedlove broke into a Miami residence and stabbed Budnick as he lay sleeping in his bed. Breedlove apparently obtained a butcher knife from inside the home, and killed Budnick with a single wound inflicted to his upper chest, puncturing Budnick’s lung, which caused him to drown in his own blood. Breedlove was also charged with the attempted murder of Carol Meoni, a second occupant of the home, but was later acquitted of that charge.
Additional Information:
Breedlove was previously convicted of two rapes in California, as a mentally disordered sex offender.
In addition, Breedlove was convicted of Second-Degree Murder (while in the commission of a felony) in Broward County, Florida. The crime was committed in 1974; however, Breedlove was not sentenced until 04/26/82, after he was convicted and sentenced to death for the murder of Frank Budnick. Breedlove received 25 years on the Second-Degree Murder charge.
Trial Summary:
12/04/78 Defendant indicted on the following counts:
Count I: First-Degree Felony Murder
Count II: Attempted First-Degree Murder
Count III: Burglary
Count IV: Grand Theft
Count V: Petit Theft
03/02/79 The jury rendered its verdict on the following counts:
Count I: First-Degree Felony Murder – Guilty
Count II: Attempted First-Degree Murder – Not Guilty
Count III: Burglary – Guilty
Count IV: Grand Theft – Guilty
Count V: Petit Theft – Guilty
03/05/79 Upon advisory sentencing, the jury voted by majority for the death
penalty.
03/05/79 The defendant was sentenced as follows:
Count I: First-Degree Felony Murder – Death
Count III: Burglary – Life in Prison
Count IV: Grand Theft – 5 years
Count V: Petit Theft – 60 days
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #56,811
413 So. 2d 1
05/10/79 Appeal filed.
03/04/82 FSC affirmed the convictions and sentence of death.
05/19/82 Rehearing denied.
United States Supreme Court – Petition for Writ of Certiorari
USSC #82-5188
459 U.S. 882
08/07/82 Petition filed.
10/04/82 Petition denied.
State Circuit Court – 3.850 Motion
CC #78-17415
11/30/82 Motion filed.
01/04/90 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #75,599
580 So. 2d 605
02/27/90 Appeal filed.
05/09/91 FSC affirmed the Circuit Court’s denial of the 3.850 Motion.
06/25/91 Rehearing denied and mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #79,087
595 So. 2d 8
12/18/91 Petition filed.
01/23/92 Petition denied.
04/01/92 Mandate issued.
State Circuit Court – 3.850 Motion
CC #78-17415
12/18/91 Second 3.850 Motion filed.
01/09/92 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #79,207
595 So. 2d 8
01/14/92 Appeal filed.
01/23/92 FSC remanded the case to the State Circuit Court for an evidentiary
hearing to examine Breedlove’s claim of ineffective counsel during the
penalty phase.
04/01/92 Mandate issued.
State Circuit Court – 3.850 Evidentiary Hearing (On Remand from FSC)
CC #78-17415
05/5-7/92 Evidentiary hearing held in Breedlove’s second 3.850 Motion.
05/26/92 The State Circuit Court issued an order denying all relief.
State Circuit Court – 3.850 Motion (Pursuant to Espinosa v. Florida[1])
CC #78-17415
03/12/93 Third 3.850 Motion filed.
10/22/93 Motion granted and remanded for a new sentencing hearing.
Florida Supreme Court – 3.850 Appeal (Filed by the State)
FSC #82,731
655 So. 2d 74
11/12/93 Appeal filed.
04/06/95 FSC reversed the State Circuit Court’s decision to grant Breedlove’s 3.850
Motion.
United States Supreme Court – Petition for Writ of Certiorari
USSC #95-6376
516 U.S. 1031
10/16/95 Petition filed.
12/11/95 Petition denied.
Florida Supreme Court – 3.850 Appeal
FSC #80,161
692 So. 2d 874
07/13/92 Appeal filed.
03/13/97 FSC affirmed the denial of Breedlove’s second 3.850 Motion.
04/28/97 Rehearing denied.
05/28/97 Mandate issued.
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC #98-953
74 F. Supp. 2d 1226
04/28/98 Petition filed.
09/07/99 Petition denied.
United States Court of Appeals for the 11th Circuit – Habeas Appeal
USCA #99-13766-P
279 F. 3d 952
09/30/99 Appeal filed.
01/17/02 USCA affirmed the denial of Breedlove’s Petition for Writ of Habeas
Corpus.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 02-8037
537 U.S. 1204
12/10/02 Petition filed.
02/24/03 Petition denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #SC03-1096
868 So. 2d 522
06/19/03 Petition filed.
10/30/03 Petition denied.
02/04/04 Rehearing denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #SC04-686
916 So. 2d 726
04/22/04 Petition filed.
10/06/05 Petition denied.
12/08/05 Rehearing denied.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 03-11036
543 U.S. 865
05/04/04 Petition filed.
10/04/04 Petition denied.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-5304
127 S. Ct. 238
05/08/06 Petition filed.
10/02/06 Petition denied.
State Circuit Court – 3.850 Motion
CC #78-17415
04/22/08 Motion filed.
05/19/08 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #08-1314
2009 WL 2136643
07/07/08 Appeal filed.
06/29/09 FSC affirmed the denial the 3.850 Motion.
07/13/09 Motion for rehearing.
09/14/09 Rehearing denied
Warrants:
08/24/83 Death warrant signed by Governor Bob Graham.
08/31/83 State Circuit Court granted a stay of execution.
11/18/91 Death warrant signed by Governor Lawton Chiles.
01/15/92 The Florida Supreme Court granted a stay of execution.
Clemency:
11/09/82 Clemency hearing held (denied).
Factors Contributing to the Delay in the Imposition of the Sentence
McArthur Breedlove has been on death row since 1979. He has used many of his post-conviction options, with each motion/appeal lasting several years. Breedlove’s Direct Appeal took almost three years to be resolved, and his initial 3.850 Motion was pending for over eight years. Breedlove has filed three 3.850 Motions in total and Petitions for Writ of Habeas Corpus at both the State and Federal levels.
Case Information:
Breedlove filed his Direct Appeal in the Florida Supreme Court on 05/10/79. In that appeal, he argued that the trial court erred when it allowed a Brady[2] violation, in denying his motion to suppress statements made to detectives (which he claimed were coerced through beatings), by admitting hearsay testimony, and by permitting inappropriate closing remarks from the prosecution. The Florida Supreme Court affirmed the convictions and sentence of death on 03/04/82.
On 08/07/82, Breedlove filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/04/82.
On 11/30/82, Breedlove filed a 3.850 Motion in the State Circuit Court. In 1981, the detectives who allegedly coerced statements from Breedlove were the subjects of an investigation by internal affairs, and were indicted for violating the Federal Racketeering Influenced and Corrupt Organizations Statute. Breedlove argued in his 3.850 Motion that information regarding the detectives’ illegal activities could have been used by the defense to impeach their testimony at trial, and that the prosecution’s refusal to disclose such evidence was a Brady violation. The trial court noted that there was no record of an investigation involving the detectives at the time of Breedlove’s trial and the subsequent claims against the detectives were not material to Breedlove’s case. As such, the State Circuit Court denied the motion on 01/04/90. Breedlove then filed an appeal in the Florida Supreme Court on 02/27/90. The high court affirmed the Circuit Court’s denial of the 3.850 on 05/09/91 and the mandate was issued on 06/25/91.
On 12/18/91, Breedlove filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. The court found only one issue raised in the petition was not procedurally barred. That petition was denied on 01/23/92.
Breedlove filed a second 3.850 Motion in the State Circuit Court on 12/18/91. The court found the motion to be untimely, but responded to Breedlove’s claims of ineffective counsel during the guilt and penalty phases of the trial. The State Circuit Court denied Breedlove’s motion on 01/09/92. Breedlove then appealed that decision to the Florida Supreme Court on 01/14/92. The court found that Breedlove’s claim of ineffective counsel during the penalty phase warranted further examination and remanded the motion to the State Circuit Court for an evidentiary hearing on 01/23/92. On 05/05-07/92, an evidentiary hearing was held regarding Breedlove’s second 3.850 Motion. The State Circuit court issued an order denying all relief on 05/26/92. At this point, Breedlove filed an appeal of the denial of his second 3.850 Motion on 07/13/92. In the interim period, during which the Florida Supreme Court was ruling on that appeal, Breedlove filed a third 3.850 Motion on 03/12/93 in the State Circuit Court pursuant to the decision reached in Espinosa regarding a more specific definition of the “heinous, atrocious, and cruel” aggravating factor. Breedlove next filed a motion to hold in abeyance the decision of his second 3.850 Appeal in the Florida Supreme Court until his third 3.850 Motion had been decided upon. The State Circuit Court granted Breedlove’s third 3.850 Motion on 10/22/93 and remanded for a new sentencing hearing. The State filed an appeal of that decision in the Florida Supreme Court on 11/12/93. The Supreme Court reversed the Circuit Court’s decision to grant Breedlove’s 3.850 Motion on 04/06/95, finding the Espinosa claim to be harmless error. Breedlove then filed a Petition for Writ of Certiorari in the United States Supreme Court on 10/16/95, which was subsequently denied on 12/11/95. Upon resuming their examination of Breedlove’s second 3.850 Appeal, the Florida Supreme Court affirmed the denial of the second 3.850 Motion on 03/13/97.
Breedlove filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District, on 04/28/98. That petition was denied on 09/07/99. Breedlove filed an appeal of the Habeas decision in the United States Court of Appeals on 09/30/99, which was affirmed on 01/17/02.
On 06/19/03, Breedlove filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court that was denied on 10/30/03.
On 04/22/04, Breedlove again filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court that was denied on 10/06/05.
On 05/04/04, Breedlove filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/04/04.
On 05/08/06, Breedlove filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/08/06 that was denied on 10/02/06.
Breedlove filed an All Writs Petition in the Florida Supreme Court on 12/14/06, which was denied on 09/10/07.
Breedlove filed a 3.850 motion with the State Circuit Court on 04/22/08 that was denied on 05/19/08.
Breedlove filed a 3.850 Appeal with the Florida Supreme Court on 07/07/08. On 06/29/09, the Florida Supreme Court affirmed the denial of the 3.850 Motion.
McArthur Breedlove died of natural causes on 02/17/10.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
02/08/83 0 DISORDERLY CONDUCT CENTRAL OFFICE
06/24/85 15 POSS OF UNAUTH BEV. FSP
04/16/86 0 DEST. OF ST. PROP. FSP
06/15/90 10 POSS OF UNAUTH BEV. FSP
07/17/95 0 POSS OF CONTRABAND UNION C. I.
05/03/97 0 DISOBEY REGULATIONS UNION C. I.
09/24/00 0 DEFACING STATE PROP. UNION C. I.
12/07/00 0 POSS OF CONTRABAND UNION C. I.
________________________________________________________________________
11/30/01 – ew
12/06/01 – approved – ws
02/19/10 – updated – kkr
[1] Espinosa v. Florida narrowed the construction on the "heinous, atrocious, or cruel" statutory aggravating circumstance.
[2] Brady v. Maryland states that when the prosecution withholds exculpatory evidence from the defense, regardless of intention, constitutes a violation of due process rights.