Pumphrey Law Blog

October 15, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 3rd District Court of Appeal ruled that there was an insufficient legal basis for a trial judge to conclude the petitioner was stalked by the respondent.  CASE: Richards v. Gonzalez, 178 So.3d 451 (Fla. 3d DCA 2015) Charge(s): Stalking Injunction Outcome: Injunction TOSSED OUT, as there was insufficient evidence as a matter of law that Richards stalked Gonzalez – …

October 12, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal held that an injunction against repeat violence should not have been issued, as there was no evidence the respondent engaged in “repeat violence.” CASE: Williams v. Gonder, 133 So.3d 657 (Fla. 1st DCA 2014) Charge(s): Repeat Violence Injunction Outcome: Injunction SET ASIDE, as Gonder did not provide evidence Williams was responsible for “repeat violence” …

October 6, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal found the respondent only committed one act of violence under state law against the petitioner, requiring that an injunction for repeat violence to be set aside. CASE: Long v. Edmundson, 827 So.2d 365 (Fla. 2d DCA 2002) Charge(s): Repeat Violence Injunction Outcome: Injunction SET ASIDE, as there was only evidence that the respondent committed …

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

Florida’s 4th District Court of Appeal found a trial judge erred by issuing a stalking injunction, as the respondent’s messages to the petitioner served a legitimate purpose and were NOT likely to cause substantial emotional distress. CASE: David v. Textor, 189 So.3d 871 (Fla. 4th DCA 2016) Charge(s): Cyberstalking Injunction Outcome: Injunction set aside, as the respondent did not engage …

September 28, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal held that for an injunction against repeat violence to issue, a petitioner must only prove one instance of “stalking.” One 1st DCA judge did not agree. CASE: Lukacs v. Luton, 982 So.2d 1217 (Fla. 1st DCA 2008) Charge(s): Repeat Violence Injunction Outcome: Injunction affirmed, as the judge concluded rightly that a respondent must only …

September 21, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal held that a respondent sending a petitioner balloons and flowers on “several occasions” did not rise to the level of stalking. CASE: McMath v. Biernacki, 776 So.2d 1039 (Fla. 1st DCA 2001) Charge(s): Stalking Injunction Outcome: Injunction SET ASIDE, as the respondent’s conduct did not rise to the level of stalking as a matter …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal found a trial judge erred by entering a stalking injunction against a respondent, as his conduct did not cause the petitioner substantial emotional distress. CASE: Shannon v. Smith, 278 So.3d 173 (Fla. 1st DCA 2019) Charge(s): Stalking Outcome: Injunction TOSSED OUT, as the petitioner failed to allege the respondent’s activities caused “substantial emotional distress” …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal concluded that a defendant could permissibly be convicted of stalking, as his conduct lacked any legitimate purpose and would cause substantial emotional distress to a reasonable victim. However, one 4th DCA judge disagreed. CASE: Johnstone v. State, 354 So.3d 1101 (Fla. 4th DCA 2022) Charge(s): Stalking Outcome: Conviction AFFIRMED, as a jury could have …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 3rd District Court of Appeal ruled that a defendant was impermissibly entrapped when he was repeatedly contacted by police informants in an effort to get him to sell marijuana – even after he repeatedly told them “no.” How does this apply to entrapment arguments in 2026? CASE: Marrero v. State, 493 So.2d 463 (Fla. 3d DCA 1983) Charge(s): Marijuana …