Pumphrey Law Blog

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal found a trial judge erred by entering a stalking injunction against a respondent, as his conduct did not cause the petitioner substantial emotional distress. CASE: Shannon v. Smith, 278 So.3d 173 (Fla. 1st DCA 2019) Charge(s): Stalking Outcome: Injunction TOSSED OUT, as the petitioner failed to allege the respondent’s activities caused “substantial emotional distress” …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal concluded that a defendant could permissibly be convicted of stalking, as his conduct lacked any legitimate purpose and would cause substantial emotional distress to a reasonable victim. However, one 4th DCA judge disagreed. CASE: Johnstone v. State, 354 So.3d 1101 (Fla. 4th DCA 2022) Charge(s): Stalking Outcome: Conviction AFFIRMED, as a jury could have …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 3rd District Court of Appeal ruled that a defendant was impermissibly entrapped when he was repeatedly contacted by police informants in an effort to get him to sell marijuana – even after he repeatedly told them “no.” How does this apply to entrapment arguments in 2026? CASE: Marrero v. State, 493 So.2d 463 (Fla. 3d DCA 1983) Charge(s): Marijuana …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal reversed a trial judge’s issuance of a stalking injunction, as it was shown that the appellant did not cause substantial emotional distress to the appellee – even though his conduct was far from ideal. CASE: Jones v. Jackson, 67 So.3d 1203 (Fla. 2d DCA 2011) Charge(s): Stalking Injunction Outcome: Injunction TOSSED OUT, as there …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal REVERSED an injunction a husband successfully obtained against his ex-wife for stalking after finding her communications had a legitimate purpose (were not solely to harass the ex-husband). However, one 1st DCA judge dissented. CASE: Hart v. Griffis, 288 So.3d 770 (Fla. 1st DCA 2020) Charge(s): Stalking Injunction Outcome: Injunction SET ASIDE, as the respondent’s …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal dissolved a stalking injunction entered by a lower court judge after finding the petitioner did not have an objectively reasonable fear of the respondent. However, one 1st DCA judge disagreed. CASE: Hobbs v. Hobbs, 290 So.3d 1092 (Fla. 1st DCA 2020) Charge(s): Stalking Injunction Outcome: Injunction SET ASIDE, as the petitioner did not establish …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that a stalking injunction could not be issued after a couple produced insufficient evidence as a matter of law that they were stalked. CASE: Heule v. Humphrey, 426 So.3d 572 (Fla. 1st DCA 2025) Charge(s): Stalking Injunction Outcome: Injunction TOSSED OUT, as there was insufficient evidence that the respondent was engaged in activity …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 2nd District Court of Appeal ruled that the petitioner in the case was NOT stalked by her affair partner’s wife as a matter of law, requiring the injunction she obtained against the wife to be dissolved. CASE: Leach v. Kearsey, 162 So.3d 1104 (Fla. 2d DCA 2015) Charge(s): Stalking Injunction Outcome: Injunction DISSOLVED, as the petitioner did not show …

September 11, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal set aside a stalking injunction sought by a family against a neighboring family, finding that although the respondents’ conduct was objectionable, it was not likely to cause the petitioners substantial emotional distress. CASE: Brennan v. Syfrett, 369 So.3d 320 (Fla. 1st DCA 2023) Charge(s): Stalking Injunction Outcome: Injunction SET ASIDE, as the respondents’ conduct …