Pumphrey Law Blog

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 …

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

Florida’s 1st District Court of Appeal ruled that the prosecutor’s improper closing arguments – which urged the jury to find the defendant guilty because her DENIAL of committing the crime was evidence she was guilty – violated the defendant’s right to a fair trial, requiring reversal. CASE: Kelly v. State, 842 So.2d 223 (Fla. 1st DCA 2003) Charge(s): Second-Degree Murder …

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

Florida’s 5th District Court of Appeal REVERSED a defendant’s conviction for sexual battery and lewd assault (now lewd and lascivious molestation) on a child victim – concluding that the prosecutor’s improper comments during closing arguments violated his right to a fair trial. CASE: Fuller v. State, 540 So.2d 182 (Fla. 5th DCA 1989) Charge(s): Sexual Battery, Lewd Assault (e.g. Lewd …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s conviction for cocaine possession, finding that a prosecutor’s impermissible “bolstering” of a testifying police officer’s credibility during closing arguments may have led to the defendant being convicted. CASE: Williams v. State, 673 So.2d 974 (Fla. 1st DCA 1996) Charge(s): Possession of Cocaine Outcome: Conviction REVERSED, as the prosecutor improperly “bolstered” the …

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

Florida’s 5th District Court of Appeal REVERSED a second-degree murder conviction after a prosecutor improperly commented on the defendant’s failure to tell law enforcement about a detail at the center of his defense – constituting an improper attack on his right to remain silent. CASE: Robbins v. State, 891 So.2d 1102 (Fla. 5th DCA 2004) Charge(s): Second-Degree Murder Outcome: Conviction …