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.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
BreedloveMcArthur 067719CCRC-SCase Summary

Last Action

DateCourtCase NumberLast Action
2/17/2010  Dead
7/7/2008FSC08-13143.850 Appeal
12/16/2008FSC08-1314Initial brief
1/6/2009FSC08-1314Answer
2/13/2009FSC08-1314Reply
6/29/2009FSC08-13143.850 Motion denial affirmed
7/13/2009FSC08-1314Motion for rehearing
9/14/2009FSC08-1314Rehearing denied
4/22/2008CC78-17415Successive 3.850 motion
5/19/2008CC78-17415Motion denied

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
ScherTodd G.Miami Beach, FL5600 Collins Ave., Apt. 15-B33140-2413305/861-9252Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Scher78-17415FullerDadeSouth  

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 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 – AssistantPublic Defenders

Attorneys, Direct Appeal: Elliot Scherker & KarenGottlieb – 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 forthe murder of Frank Budnick on 11/06/78.

 

In the early morning of 11/06/78, Breedlove broke into aMiami residence and stabbed Budnick as he lay sleeping in his bed. Breedlove apparently obtained a butcher knife from inside the home, and killedBudnick with a single wound inflicted to his upper chest, puncturing Budnick’slung, which caused him to drown in his own blood.  Breedlove was alsocharged with the attempted murder of Carol Meoni, a second occupant of thehome, 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.  Thecrime 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 FrankBudnick.  Breedlove received 25 years on the Second-Degree Murder charge.

 

Trial Summary:

 

12/04/78         Defendant indicted on the following counts:

                                   Count I:           First-DegreeFelony Murder

                                   Count II:         Attempted First-DegreeMurder

                                   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-DegreeFelony Murder – Guilty

                                   Count II:         Attempted First-DegreeMurder – 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-DegreeFelony 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 ofCertiorari

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 HabeasCorpus

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 examineBreedlove’s claim of ineffective counsel during the

penalty phase.

04/01/92         Mandate issued.

 

State Circuit Court – 3.850 Evidentiary Hearing (OnRemand 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 toEspinosa 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 theState)

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 ofCertiorari

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 ofCertiorari

USSC# 02-8037

537 U.S. 1204

 

12/10/02         Petition filed.

02/24/03         Petition denied.

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

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 HabeasCorpus

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 ofthe Sentence

 

McArthur Breedlove has been on death row since 1979. He has used many of his post-conviction options, with each motion/appeallasting several years.  Breedlove’s Direct Appeal took almost three yearsto be resolved, and his initial 3.850 Motion was pending for over eightyears.  Breedlove has filed three 3.850 Motions in total and Petitions forWrit of Habeas Corpus at both the State and Federal levels. 

 

Case Information:

 

Breedlove filed his Direct Appeal in the Florida SupremeCourt on 05/10/79.  In that appeal, he argued that the trial court erredwhen 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 hearsaytestimony, and by permitting inappropriate closing remarks from theprosecution.  The Florida Supreme Court affirmed the convictions andsentence of death on 03/04/82.

 

On 08/07/82, Breedlove filed a Petition for Writ ofCertiorari 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 StateCircuit Court.  In 1981, the detectives who allegedly coerced statements fromBreedlove were the subjects of an investigation by internal affairs, and wereindicted for violating the Federal Racketeering Influenced and CorruptOrganizations Statute.  Breedlove argued in his 3.850 Motion thatinformation regarding the detectives’ illegal activities could have been usedby the defense to impeach their testimony at trial, and that the prosecution’srefusal to disclose such evidence was a Brady violation.  The trial courtnoted that there was no record of an investigation involving the detectives atthe time of Breedlove’s trial and the subsequent claims against the detectiveswere not material to Breedlove’s case.  As such, the State Circuit Courtdenied the motion on 01/04/90.  Breedlove then filed an appeal in the FloridaSupreme Court on 02/27/90.  The high court affirmed the Circuit Court’sdenial 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 HabeasCorpus in the Florida Supreme Court.  The court found only one issueraised in the petition was not procedurally barred.  That petition wasdenied on 01/23/92.

 

Breedlove filed a second 3.850 Motion in the State CircuitCourt on 12/18/91.  The court found the motion to be untimely, butresponded to Breedlove’s claims of ineffective counsel during the guilt andpenalty phases of the trial.  The State Circuit Court denied Breedlove’smotion on 01/09/92.  Breedlove then appealed that decision to the FloridaSupreme Court on 01/14/92.  The court found that Breedlove’s claim ofineffective counsel during the penalty phase warranted further examination andremanded the motion to the State Circuit Court for an evidentiary hearing on01/23/92.  On 05/05-07/92, an evidentiary hearing was held regardingBreedlove’s second 3.850 Motion.  The State Circuit court issued an orderdenying all relief on 05/26/92.  At this point, Breedlove filed an appealof the denial of his second 3.850 Motion on 07/13/92.  In the interimperiod, 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 Courtpursuant to the decision reached in Espinosa regarding a more specificdefinition of the “heinous, atrocious, and cruel” aggravating factor. Breedlove next filed a motion to hold in abeyance the decision of his second3.850 Appeal in the Florida Supreme Court until his third 3.850 Motion had beendecided upon.  The State Circuit Court granted Breedlove’s third 3.850Motion on 10/22/93 and remanded for a new sentencing hearing.  The Statefiled an appeal of that decision in the Florida Supreme Court on11/12/93.  The Supreme Court reversed the Circuit Court’s decision togrant Breedlove’s 3.850 Motion on 04/06/95, finding the Espinosa claim to beharmless error.  Breedlove then filed a Petition for Writ of Certiorari inthe United States Supreme Court on 10/16/95, which was subsequently denied on12/11/95.  Upon resuming their examination of Breedlove’s second 3.850Appeal, the Florida Supreme Court affirmed the denial of the second 3.850Motion on 03/13/97.

 

Breedlove filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Southern District, on 04/28/98.  Thatpetition was denied on 09/07/99.  Breedlove filed an appeal of the Habeasdecision in the United States Court of Appeals on 09/30/99, which was affirmedon 01/17/02.

 

On 06/19/03, Breedlove filed another Petition for Writ ofHabeas Corpus in the Florida Supreme Court that was denied on 10/30/03.

 

On 04/22/04, Breedlove again filed a Petition for Writ ofHabeas Corpus in the Florida Supreme Court that was denied on 10/06/05.

 

On 05/04/04, Breedlove filed a Petition for Writ ofCertiorari with the U.S. Supreme Court that was denied on 10/04/04.

 

On 05/08/06, Breedlove filed a Petition for Writ ofCertiorari 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 SupremeCourt on 12/14/06, which was denied on 09/10/07.

 

Breedlove filed a 3.850 motion with the State Circuit Courton 04/22/08 that was denied on 05/19/08.

 

Breedlove filed a 3.850 Appeal with the Florida SupremeCourt on 07/07/08. On 06/29/09, the Florida Supreme Court affirmed the denialof 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       CENTRALOFFICE       

 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          UNIONC. I.          

 05/03/97        0                    DISOBEY REGULATIONS        UNION C.I.          

 09/24/00        0                    DEFACING STATE PROP.         UNIONC. I.          

 12/07/00        0                    POSS OF CONTRABAND          UNIONC. 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 whenthe prosecution withholds exculpatory evidence from the defense, regardless ofintention, constitutes a violation of due process rights.