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: Todd Scher – 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

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 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 Appeal 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 is pending.

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