Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary Florida’s 3rd District Court of Appeal ruled the defendant was entitled to Stand Your Ground immunity for aggravated assault after he believed home invaders were in his yard – even though these were actually FPL workers coming to disconnect his electricity. CASE: State v. Vino, 100 So.3d 716 (Fla. 3d DCA 2012) Charge(s): Aggravated Assault with a Deadly …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 5th District Court of Appeal ruled that the older cousin of the victim was not in a position of familial or custodial authority as a matter of law, requiring reversal of his conviction. CASE: Johnson v. State, 682 So.2d 215 (Fla. 5th DCA 1996) Charge(s): Sexual battery by a person in familial or custodial authority Outcome: Conviction …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary A divided 5th District Court of Appeal found that the defendant was in a position of custodial authority to the child victim when he sexually battered her – but one judge did not agree. CASE: Collins v. State, 496 So.2d 997 (Fla. 5th DCA 1986) Charge(s): Sexual battery by a person in familial or custodial authority Outcome: Conviction …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 1st District Court of Appeal reversed a defendant’s drug trafficking conviction because the trial judge reversibly erred by excluding testimony from key defense witnesses that rebutted the defendant’s alleged predisposition to commit the offenses. CASE: Kent v. State, 704 So.2d 121 (Fla. 1st DCA 1997) Charge(s):Possession of Cocaine Outcome: Conviction REVERSED, as the trial judge reversibly erred …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 3rd District Court of Appeal ruled that a defendant was not guilty of criminal mischief for breaking a glass door after he shoved someone through it – making clear that the doctrine of “transferred intent” does not apply in criminal mischief cases. CASE: Walker v. State, 154 So.3d 448 (Fla. 3d. DCA 2014) Charge(s): Burglary with a …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 1st District Court of Appeal ruled a defendant’s confession was not ‘coerced’ despite the fact that law enforcement officers indicated he would not be punished as harshly if he was “honest” with them. CASE: Green v. State, 878 So.2d 382 (Fla. 1st DCA 2003) Outcome: Defendant’s conviction AFFIRMED, as his confession was not obtained by officers in …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 6th District Court of Appeal ruled in late February 2026 that the defendant was not clearly induced to commit the charged offenses, reversing a judge’s order dismissing the case. CASE: State v. Gadbois (Fla. 6th DCA, Feb. 28, 2026) CHARGE(S): Soliciting Prostitution OUTCOME: Dismissal of the case REVERSED, as the 6th DCA found it was a question …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In a recent brief to Florida’s 1st District Court of Appeal, Florida’s Attorney General voiced the opinion that Florida’s law permanently prohibiting all felons from possessing firearms (unless they are pardoned or granted clemency) is UNCONSTITUTIONAL. In Florida, possession of a firearm by a convicted felon (Fla. Stat. 790.23) is a serious offense. For someone to be proven guilty of …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal applied a four-step test and concluded that the juvenile defendant was subject to custodial interrogation – making law enforcement’s failure to read his Miranda rights reversible error. CASE: Lee v. State, 988 So.2d 52 (Fla. 1st DCA 2008) Charge(s): Lewd or Lascivious Battery Outcome: Defendant’s conviction REVERSED, as law enforcement failed to …