Pumphrey Law Blog

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 …

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

Florida’s 1st District Court of Appeal REVERSED a defendant’s major felony convictions after a prosecutor made improper remarks during closing arguments. But one 1st DCA judge disagreed. CASE: Redish v. State, 525 So.2d 928 (Fla. 1st DCA 1988) Charge(s): Racketeering, Solicitation to Commit Grand Theft Outcome: Convictions REVERSED, as the prosecutor’s impermissible comments during closing argument may have improperly influenced …

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

Florida’s 1st District Court of Appeal AFFIRMED a defendant’s conviction for four counts of sexual battery and one count of lewd or lascivious molestation on a minor, as the prosecutor’s seemingly “improper” argument during closing arguments was not objected to. CASE: Kimble v. State, 406 So.3d 1130 (Fla. 1st DCA 2025) Charge(s): Capital Sexual Battery, Lewd or Lascivious Molestation Outcome: …

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

Florida’s 4th District Court of Appeal REVERSED a capital sexual battery conviction after the prosecutor accused the defendant in closing arguments of “glaring” at an alleged child victim to intimidate him while he testified. CASE: Baldez v. State, 679 So.2d 825 (Fla. 4th DCA 1996) Charge(s): Capital Sexual Battery Outcome: Conviction REVERSED, as the prosecutor improperly accused Baldez of “glaring” …

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

Florida’s 3rd District of Appeal reversed a defendant’s conviction for attempted second-degree murder, finding a prosecutor’s conduct during closing arguments and cross-examination of the defendant rose to the level of “fundamental error.” CASE: Gomez v. State, 751 So.2d 630 (Fla. 3d DCA 1999) Charge(s): Attempted Second-Degree Murder Outcome: Conviction reversed, as the prosecutor’s improper remarks during closing arguments and cross-examination …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s aggravated assault with a deadly weapon conviction after a prosecutor insulted opposing counsel and pointed a shotgun allegedly used at a member of the jury to put them “in the victim’s shoes.” CASE: Jenkins v. State, 563 So.2d 791 (Fla. 1st DCA 1990) Charge(s): Aggravated Assault with a Firearm Outcome: Conviction …