Pumphrey Law Blog

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal REVERSED a juvenile’s adjudication for delinquency in an aggravated assault with a deadly weapon case, finding that a deadly weapon was not used as a matter of law. However, one judge dissented. CASE: M.M. v. State, 391 So.2d 266 (Fla. 1st DCA 1980) Charge(s): Aggravated Assault Outcome: Conviction REVERSED, as the juvenile did not …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal ruled that a defendant was entitled to have a juror stricken for cause when he indicated he would believe law enforcement testimony over testimony of other witnesses in the case, and that the judge’s denial of the defense’s cause challenge was reversible error. CASE: Henry v. State, 756 So.2d 170 (Fla. 4th DCA 2000) …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that evidence of a defendant’s post-accident conduct indicating she was behaving “unusually” after a fatal accident should NOT have been used at trial to prove she was reckless, requiring reversal of her conviction. CASE: Rubinger v. State, 98 So.3d 659 (Fla. 4th DCA 2012) Charge(s): DUI Manslaughter, Vehicular Homicide, Culpable Negligence Outcome: Conviction …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal reversed the denial of a defendant’s motion for a new trial in a lewd molestation case on the basis that a juror improperly withheld important information during jury selection – but declined to find the prosecutor’s closing argument so improper as to warrant a mistrial. CASE: Young v. State, 720 So.2d 1101 (Fla. 1st …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal REVERSED a defendant’s convictions after the trial judge failed to grant the defense’s cause challenge of a potential juror who said he would believe the testimony of law enforcement over other witnesses. CASE: Clemons v. State, 770 So.2d 296 (Fla. 1st DCA 2000) Charge(s): Improper Exhibition of a Firearm, Carrying a Concealed Weapon, Resisting …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal AFFIRMED a defendant’s vehicular homicide conviction despite concerns over a prosecutor’s conduct during opening statements and closing arguments in the case. CASE: Wallace v. State, 327 So.3d 1188 (Fla. 1st DCA 2021) Charge(s): Vehicular Homicide Outcome: Conviction AFFIRMED, as the prosecutor’s comments during opening statements and closing arguments did not warrant a mistrial. Vehicular …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal reversed a defendant’s capital sexual battery conviction after a prosecutor’s many improper comments during closing arguments potentially influenced the jury’s verdict. CASE: D’Ambrosio v. State, 736 So.2d 44 (Fla. 5th DCA 1999) Charge(s): Capital Sexual Battery Outcome: Conviction REVERSED, as various improper remarks made by a prosecutor during closing argument violated D’Ambrosio’s right to …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that a vulgar remark allegedly made by a defendant at the scene of a fatal crash should not have been admitted at his trial – and that the prosecutor’s reliance upon the statement in closing argument required reversal of his conviction. CASE: Opsincs v. State, 185 So.3d 654 (Fla. 4th DCA 2016) Charge(s): …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 2nd District Court of Appeal reversed a defendant’s convictions after condemning the prosecutor’s improper appeals to the jury to decide the case based on sympathy for the alleged victim during closing arguments. CASE: Brown v. State, 593 So.2d 1210 (Fla. 2d. DCA 1992) Charge(s): Aggravated Assault, Robbery, Cocaine Possession Outcome: Conviction REVERSED, as the prosecutor’s repeated appeals to the …