Pumphrey Law Blog

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 after the trial judge prohibited his attorney from asking potential jurors about whether they would accept an entrapment defense. CASE: Harrison v. State, 172 So.3d 1018 (Fla. 1st DCA 2015) Charge(s): Drug Trafficking (Cocaine) Outcome: Conviction REVERSED, as the trial judge impermissibly prevented the defense from …

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

Case Summary Florida’s 5th District Court of Appeal ruled that the defendant was not objectively entrapped – and was not subjectively entrapped because despite an apparent lack of predisposition to commit the offenses, he was not induced to act unlawfully. CASE: Senger v. State, 200 So.3d 137 (Fla. 5th DCA 2016) Charge(s): Solicitation of a Minor, Traveling to Meet a …

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

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s convictions after he challenged the trial judge’s 75-minute limit on questioning potential jurors – finding this “rule” did not violate the defendant’s due process rights. CASE: McMath v. State, 409 So.3d 1271 (Fla. 1st DCA 2025) Charge(s): Armed burglary with assault, possession of burglary tools, sexual battery, domestic battery …

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

Case Summary Florida’s 1st District Court of Appeal rejected a defendant’s claim that he was acting in lawful self-defense after he faced charges of aggravated battery with a deadly weapon and aggravated assault. CASE: Raulerson v. State, 409 So.3d 713 (Fla. 1st DCA 2025)  Charge(s): Aggravated Battery Outcome: Stand Your Ground claim DENIED, as evidence indicating the defendant did not …

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

Case Summary Florida’s 3rd District Court of Appeal reversed a defendant’s conviction for second-degree murder after he shot indiscriminately into a crowd surrounding his friend.  CASE: Sarduy v. State, 540 So.2d 203 (Fla. 3d DCA 1989)  Charge(s): Second-Degree Murder Outcome: Conviction REVERSED, as there was no evidence in the record that the defendant acted with a “depraved mind.” Second-Degree Murder …

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

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s conviction in a case where 2 jurors indicated they would be more likely to think the defendant was guilty if they did not testify. Why? CASE: Fleming v. State, 366 So.3d 1179 (Fla. 1st DCA 2023) Outcome: Guilty verdicts AFFIRMED, as the trial judge did not err by refusing …

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

Case Summary Florida’s 4th District Court of Appeal ruled that a defendant was not entrapped by police in a sting operation during which he allegedly solicited what he believed to be a minor for sex. CASE: Marreel v. State, 841 So.2d 600 (Fla. 4th DCA 2003) Charge(s): Solicitation of a Minor Outcome: Guilty plea AFFIRMED, as the defendant was not …

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

Case Summary In a major case, Florida’s 2nd District Court of Appeal defined what constitutes a prima facie showing of Stand Your Ground immunity, which must be offered by the defendant before the burden shifts to the State to prove the use or threatened use of force was not legally protected. CASE: Jefferson v. State, 264 So.3d 1019 (Fla. 2d …

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

Florida’s 2nd District Court of Appeal affirmed a downward departure sentence for a defendant convicted of having sex with a 16-year-old while in a position of familial or custodial authority – finding the minor was a “willing participant” (despite being unable to legally consent). In Florida, sexual battery by a person in a position of familial or custodial authority (Fla. …