Pumphrey Law Blog

April 16, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that a defendant’s statement, “if I am being held and I’m being charged with something I need to be on the phone calling my lawyer,” was not a clear invocation of his Miranda rights. Why? CASE: Spivey v. State, 45 So.3d 51 (Fla. 1st DCA 2010) Charge(s): First-Degree Murder Outcome: Conviction AFFIRMED, as …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal ruled that the defendant did not drive recklessly as a matter of law, requiring his vehicular homicide conviction to be reversed. However, one judge strongly disagreed. CASE: Jackson v. State, 100 So.2d 839 (Fla. 1st DCA 1958) Charge(s): Vehicular Homicide Outcome: Conviction REVERSED, as the defendant was not “culpably negligent” (e.g. reckless) in operating …

April 16, 2026 Don Pumphrey, Jr. Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled that the trial judge erred by admitting testimony from a victim who the defendant allegedly committed simple battery upon, in a sexual battery case – as this was done solely to prove the defendant’s bad character or propensity to act unlawfully. CASE: Moss v. State, 169 So.3d 223 (Fla. 1st DCA 2015) Charges: …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal REVERSED a trial judge’s order dismissing a vehicular homicide case against a defendant who drove in the wrong lane for half a mile before a fatal crash. CASE: State v. Depriest, 180 So.3d 1099 (Fla. 1st DCA 2013) Charge(s): Vehicular Homicide Outcome: Dismissal of charge REVERSED, as a jury could reasonably conclude the defendant …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 5th District Court of Appeal ruled that the defendant’s vehicular homicide conviction did not require reversal, as the jury reasonably concluded that he drove recklessly. CASE: Byrd v. State, 531 So.2d 1004 (Fla. 5th DCA 1988)  Charge(s): Vehicular Homicide Outcome: Conviction AFFIRMED, as the jury reasonably concluded that the defendant drove recklessly as a matter of law. Vehicular Homicide …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A divided 1st District Court of Appeal affirmed a defendant’s sexual battery conviction after evidence of an uncharged sexual battery he allegedly performed on another victim was admitted at trial. CASE: Donton v. State, 1 So.3d 1092 (Fla. 1st DCA 2009) Charge(s): Sexual Battery on a Victim with a Mental Defect Outcome: Conviction AFFIRMED, as “Williams Rule” (e.g. collateral crime) …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal ruled that interrogating officers violated the defendant’s Miranda rights when they failed to clarify he had the right to an attorney even if he could not afford one. CASE: Chavers v. State, 115 So.3d 1017 (Fla. 1st DCA 2013) Charge(s): First-Degree Murder Outcome: Conviction REVERSED, as officers violated the defendant’s Miranda rights when they …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s conviction for sexual battery with a deadly weapon and kidnapping, finding that law enforcement violated his Miranda rights. CASE: Miles v. State, 60 So.3d 447 (Fla. 1st DCA 2011) Charge(s): Sexual Battery with a Deadly Weapon, Kidnapping Outcome: Convictions REVERSED, as the defendant’s invocation of his right to remain silent was …

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

Florida’s 3rd District Court of Appeal reversed a juvenile’s adjudication of delinquency for aggravated assault after finding that lobbing ‘quarter-sized rocks’ in the direction of the victim was not aggravated assault with a deadly weapon. CASE: J.P. v. State, 128 So.3d 61 (Fla. 3d DCA 2013) Charge(s): Aggravated Assault with a Deadly Weapon Outcome: Adjudication of delinquency REVERSED, as the …