Brandreth v. McRay

Paul Brandreth seeks habeas corpus relief stemming from an indictment for one count of first degree murder, one count of conspiracy to commit first degree murder, and two counts of grand theft. We grant the petition because the trial court improperly denied Brandreth’s request for an Arthur 1 hearing.

Brandreth is incarcerated serving a 235-month sentence in the custody of the United States Federal Bureau of Prisons. The State obtained temporary custody of Brandreth to obtain a final disposition of the pending State case. Pursuant to rule 3.131, Florida Rules of Criminal Procedure, Brandreth…