Pumphrey Law Blog

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In 1993, Florida’s 1st District Court of Appeal allowed admission of collateral crime evidence in a sexual battery by a person in familial or custodial authority prosecution – but was reversed by the Florida Supreme Court. A decade later, however, the Florida Supreme Court indicated that a new statute made the 1st DCA opinion applicable (again). Sexual Battery by a …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that even though the prosecutor mischaracterized how Florida’s Stand Your Ground law applied in the defendant’s case, affirmance was required, as the trial judge’s failure to sustain the defense’s objection to the prosecutor’s comment was “harmless error.” CASE: Darby v. State, — So.3d — (Fla. 4th DCA 2026) Charge(s): Attempted Manslaughter by Act …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that a defendant validly did not unequivocally and unambiguously invoke his right to remain silent or right to counsel once custodial interrogation had commenced, requiring that his second-degree murder conviction be affirmed. CASE: Alvarez v. State, 890 So.2d 389 (Fla. 1st DCA 2004) Charge(s): Arson, Second-Degree Murder Outcome: Convictions AFFIRMED, as the defendant …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 6th District Court of Appeal ruled that the defendant was not entitled to a mistrial after a co-defendant testified he and the defendant texted about committing an additional, uncharged robbery. However, one judge disagreed. CASE: Quesada v. State, — So.3d — (Fla. 6th DCA 2026) Charge(s): Conspiracy to Commit Robbery with a Firearm, Attempted Robbery, Attempted Felony Murder Outcome: …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share

Florida’s 1st District Court of Appeal ruled that a 13-year-old defendant was entitled to a new trial because his confession was the result of law enforcement violating his Miranda rights. CASE: J.G. v. State, 883 So.2d 915 (Fla. 1st DCA 2004) Charge(s): Attempted Sexual Battery Outcome: Adjudication of delinquency REVERSED, as the juvenile defendant’s waiver of his Miranda rights was …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal expanded the definition of the term “familial or custodial authority” from sexual battery purposes – finding that a man who previously was married to the victim’s mother qualified, even though he did not actively live with the victim. CASE: Coleman v. State, 485 So.2d 1342 (Fla. 1st DCA 1986) Charge(s): Sexual battery by a …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal REVERSED a defendant’s conviction, finding the judge’s failure to instruct the jury on entrapment required the defendant to receive a new trial. CASE: Johnson v. State, 789 So.2d 1071 (Fla. 1st DCA 2001) Charge(s): Possession of Cocaine Outcome: Conviction REVERSED, as the trial judge failed to instruct the jury on entrapment even though SOME …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that a defendant was entitled to Stand Your Ground immunity, requiring the dismissal of a felony battery charge, when she swatted the phone out of the hand of a home inspector who entered her apartment through an elevator and began to take pictures without permission. CASE: Paese v. State, 381 So.3d 4 (Fla. …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled a defendant who “cultivated a close relationship” with the victim was in a position of familial or custodial authority, despite the fact that he was not related to her by blood and did not live with her. CASE: Stricklen v. State, 504 So.2d 1248 (Fla. 1st DCA 1986) Charge(s): Sexual battery by a …