Pumphrey Law Blog

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

Florida’s 4th District Court of Appeal ruled that although a nurse’s testimony about the injuries allegedly sustained by a sexual battery victim was largely inadmissible on hearsay grounds, the defendant’s conviction required affirmance because this was HARMLESS ERROR. CASE: Henderson v. State, — So.3d —- (Fla. 4th DCA 2026) Charge(s): Armed Sexual Battery Outcome: Conviction AFFIRMED, as even though a …

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

Florida’s 4th District Court of Appeal reversed a trial judge’s decision to grant a defendant’s motion to suppress his post-Miranda statements on the grounds that the defendant asking for “advice” was an unequivocal invocation of his right to an attorney. CASE: State v. Raymond Reese, — So.3d — (Fla. 4th DCA 2026) Charge(s): First-Degree Murder Outcome: Trial judge’s decision to …

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

Florida’s 1st District Court of Appeal ruled that a defendant’s threat to get his gun and shoot a law enforcement officer was not aggravated assault as a matter of law. CASE: White v. State, 633 So.2d 472 (Fla. 1st DCA 1994) Charge(s): Battery on a Law Enforcement Officer, Resisting With Violence Outcome: Convictions REVERSED – White was only found guilty …

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

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for vehicular homicide after he took part in a three-way drag race that led to a fatal collision with an uninvolved driver. CASE: Jacobs v. State, 184 So.2d 711 (Fla. 1st DCA 1966) Charge(s): Vehicular Homicide Outcome: Conviction AFFIRMED, as the defendant’s participation in a drag race that resulted in …

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

Florida’s 1st District Court of Appeal reversed a defendant’s conviction for lewd or lascivious molestation, finding that text messages sent by the alleged victim were improperly introduced at trial by the State to “bolster” her credibility after she testified. CASE: Goldtrap v. State, 115 So.3d 1025 (Fla. 1st DCA 2013) Charge(s): Lewd or Lascivious Molestation Outcome: Conviction REVERSED, as the …

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

Florida’s 1st District Court of Appeal reversed a defendant’s murder conviction after officers continued to custodially interrogate him despite the fact that he invoked his Miranda rights. CASE: Wilder v. State, 40 So.3d 804 (Fla. 1st DCA 2010) Charge(s): First-Degree Murder, Attempted Second-Degree Murder, Petit Theft Outcome: Convictions REVERSED, as Wilder’s confession was impermissibly obtained from law enforcement in violation …

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

Florida’s 2nd District Court of Appeal REVERSED a defendant’s vehicular homicide conviction because the trial judge failed to give the jury a special instruction about relevant traffic laws that may have supported the defense. CASE: Keller v. State, 849 So.3d 385 (Fla. 2d DCA 2003) Charge(s): Vehicular Homicide Outcome: Conviction REVERSED, because the trial judge failed to give the jury …

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

Florida’s 3rd District Court of Appeal ruled that potential discrimination against white men in jury selection required REVERSAL of a defendant’s battery conviction. CASE: Whitby v. State, 933 So.2d 557 (Fla. 3d DCA 2006) Charge(s): Battery Outcome: Conviction REVERSED, as the trial judge did not determine whether the State was attempting to excuse a white male juror on the basis …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share

Florida’s 1st District Court of Appeal ruled that a juvenile, who damaged a pool after dropping a weight into it while “playing” with the weight, was not guilty of criminal mischief as a matter of law. CASE: T.D.B. v. State, 85 So.3d 1212 (Fla. 1st DCA 2012) Charge(s): Criminal Mischief Outcome: Adjudication of delinquency REVERSED, as the juvenile defendant did …