McArthur Breedlove

Case details

McArthur Breedlove was sentenced to death for the murder of Frank Budnick on 11/06/78. He was convicted of First-Degree Felony Murder for the death of Budnick and was also convicted of Burglary, Grand Theft, and Petit Theft. He was acquitted of the attempted murder charge involving another occupant of the home.

McArthur Breedlove was also known as McArthur Jenkins (AKA: McArthur Jenkins). His date of birth was 01/01/47. The Eleventh Judicial Circuit, Dade County handled the case, identified as Case #78-17415, DC# 067719. The sentencing judge was The Honorable Richard S. Fuller. Trial attorneys were Jay Levine & Eugene Zenobi – Assistant Public Defenders. Direct appeal attorneys were Elliot Scherker & Karen Gottlieb – Assistant Public Defenders. Collateral appeals were Todd Scher – CCRC-S.

Timeline

• 11/06/78 — McArthur Breedlove broke into a Miami residence and stabbed Frank Budnick as he lay sleeping in his bed; Breedlove was also charged with the attempted murder of Carol Meoni.
• 12/04/78 — Defendant was indicted on 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 verdicts: 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 — The jury voted by majority for the death penalty upon advisory sentencing.
• 03/05/79 — Breedlove was sentenced: 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.
• 05/10/79 — Breedlove filed his Direct Appeal in the Florida Supreme Court.
• 03/04/82 — The Florida Supreme Court affirmed the convictions and sentence of death.
• 08/07/82 — Breedlove filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 10/04/82 — The United States Supreme Court denied certiorari.
• 11/30/82 — Breedlove filed a 3.850 Motion in the State Circuit Court.
• 01/04/90 — The State Circuit Court denied the 3.850 Motion.
• 02/27/90 — Breedlove filed an appeal in the Florida Supreme Court.
• 05/09/91 — The Florida Supreme Court affirmed the Circuit Court’s denial of the 3.850 Motion.
• 06/25/91 — The mandate was issued.
• 12/18/91 — Breedlove filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 01/23/92 — The Florida Supreme Court denied the habeas petition.
• 12/18/91 — Breedlove filed a second 3.850 Motion in the State Circuit Court.
• 01/09/92 — The State Circuit Court denied the second 3.850 Motion.
• 01/14/92 — Breedlove appealed the denial of the second 3.850 Motion to the Florida Supreme Court.
• 01/23/92 — The Florida Supreme Court remanded for an evidentiary hearing on the penalty phase ineffective counsel claim.
• 05/05/92-05/07/92 — An evidentiary hearing was held regarding Breedlove’s second 3.850 Motion.
• 05/26/92 — The State Circuit court issued an order denying all relief.
• 07/13/92 — Breedlove filed an appeal of the denial of his second 3.850 Motion.
• 03/12/93 — Breedlove filed a third 3.850 Motion 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.
• 10/22/93 — The State Circuit Court granted Breedlove’s third 3.850 Motion and remanded for a new sentencing hearing.
• 11/12/93 — The State filed an appeal of that decision in the Florida Supreme Court.
• 04/06/95 — The Florida Supreme Court reversed the Circuit Court’s decision to grant Breedlove’s 3.850 Motion, finding the Espinosa claim to be harmless error.
• 10/16/95 — Breedlove filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 12/11/95 — The United States Supreme Court denied certiorari.
• 03/13/97 — The Florida Supreme Court affirmed the denial of the second 3.850 Appeal.
• 04/28/98 — Breedlove filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District.
• 09/07/99 — The federal habeas petition was denied.
• 09/30/99 — Breedlove appealed the federal habeas decision in the United States Court of Appeals.
• 01/17/02 — The United States Court of Appeals affirmed the habeas decision.
• 06/19/03 — Breedlove filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 10/30/03 — The Florida Supreme Court denied the petition.
• 04/22/04 — Breedlove filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 10/06/05 — The Florida Supreme Court denied the petition.
• 05/04/04 — Breedlove filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 10/04/04 — The U.S. Supreme Court denied certiorari.
• 05/08/06 — Breedlove filed another Petition for Writ of Certiorari with the U.S. Supreme Court, pending.

The offence

In the early morning of 11/06/78, McArthur Breedlove broke into a Miami residence and stabbed Frank Budnick as he lay sleeping in his bed. Breedlove obtained a butcher knife from inside the home. Budnick was killed 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. Breedlove was later acquitted of that charge.

Investigation and arrest

No investigation or arrest details were included beyond the references to Breedlove’s later claims about statements made to detectives and internal affairs investigations into those detectives.

In Breedlove’s 3.850 Motion, he argued that information regarding detectives’ alleged illegal activities could have been used by the defense to impeach their testimony at trial. He also argued 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 concluded the subsequent claims against the detectives were not material to Breedlove’s case.

Trial

On 12/04/78, Breedlove was indicted on:

• Count I: First-Degree Felony Murder
• Count II: Attempted First-Degree Murder
• Count III: Burglary
• Count IV: Grand Theft
• Count V: Petit Theft

On 03/02/79, the jury rendered verdicts 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

Upon advisory sentencing, on 03/05/79, the jury voted by majority for the death penalty.

On 03/05/79, Breedlove 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

Sentencing

Breedlove received multiple sentences on 03/05/79. The death sentence was imposed for Count I First-Degree Felony Murder, and separate prison terms were imposed for Count III Burglary (Life in Prison), Count IV Grand Theft (5 years), and Count V Petit Theft (60 days).

The information also included that Breedlove was convicted of Second-Degree Murder (while in the commission of a felony) in Broward County, Florida, and received 25 years on the Second-Degree Murder charge. 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.

Appeals

Direct appeal

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 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.

Breedlove then filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/07/82. The U.S. Supreme Court denied the petition on 10/04/82.

3.850 motions and post-conviction review

On 11/30/82, Breedlove filed a 3.850 Motion in the State Circuit Court. In 1981, 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.

The trial court denied Breedlove’s 3.850 Motion on 01/04/90.

Breedlove appealed the denial in the Florida Supreme Court on 02/27/90. The high court affirmed the Circuit Court’s denial on 05/09/91, and the mandate was issued on 06/25/91.

State habeas corpus

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. The Florida Supreme Court denied the petition on 01/23/92.

Second 3.850 motion

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 appealed that decision to the Florida Supreme Court on 01/14/92. The Florida Supreme 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.

An evidentiary hearing was held regarding Breedlove’s second 3.850 Motion from 05/05/92-05/07/92. The State Circuit court issued an order denying all relief on 05/26/92. Breedlove filed an appeal of the denial of his second 3.850 Motion on 07/13/92.

Third 3.850 motion and resentencing remand

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. He also filed a motion to hold in abeyance the decision of his second 3.850 Appeal until his third 3.850 Motion had been decided.

The State Circuit Court granted Breedlove’s third 3.850 Motion on 10/22/93 and remanded for a new sentencing hearing. The State appealed that decision in the Florida Supreme Court on 11/12/93.

The Florida 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.

Upon resuming examination of Breedlove’s second 3.850 Appeal, the Florida Supreme Court affirmed the denial of the second 3.850 Appeal on 03/13/97.

Federal habeas corpus and appeal

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 appealed the habeas decision in the United States Court of Appeals on 09/30/99. The United States Court of Appeals affirmed on 01/17/02.

Additional state habeas petitions

On 06/19/03, Breedlove filed another Petition for Writ of Habeas Corpus in the Florida Supreme Court. That petition 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 petition was denied on 10/06/05.

U.S. Supreme Court certiorari petitions

Breedlove filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/04/04. The U.S. Supreme Court denied certiorari on 10/04/04.

Breedlove also filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/08/06, which was pending.

Other details

Prior convictions and mental health context

Breedlove was previously convicted of two rapes in California as a mentally disordered sex offender. He was also convicted of Second-Degree