Pumphrey Law Blog

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 …

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

Florida’s 5th District Court of Appeal ruled that a juvenile, who was waving a gin bottle in the air outside the victim’s house while threatening to “beat her ass,” was not guilty of aggravated assault with a deadly weapon as a matter of law. CASE: L.C. v. State, 799 So.2d 330 (Fla. 5th DCA 2001) Charge(s): Aggravated Assault with a …

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

Florida’s 3rd District Court of Appeal found an initial violation of a murder defendant’s Miranda rights was “cured” by officers eventually reading him these – but it nevertheless REVERSED his convictions based on potential racial discrimination during jury selection. CASE: Pickett v. State, 922 So.2d 987 (Fla. 3d DCA 2005) Charge(s): First-Degree Murder, Aggravated Child Abuse Outcome: Convictions REVERSED, as …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction, finding that the State offered a “genuine” race-neutral reason for exercising a peremptory strike on a Black juror. CASE: Bowden v. State, 787 So.2d 185 (Fla. 1st DCA 2001) Charge(s): Burglary, Criminal Mischief, Resisting Without Violence Outcome: Convictions AFFIRMED, as the State had a “genuine,” race-neutral reason for using a …

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

Have you or a loved one been accused of a Florida Fish and Wildlife Conservation Commission (FWC) violation in Tallahassee and North Florida? Here’s what you need to know. If someone is accused of a Florida Fish and Wildlife Conservation Commission violation, this can be quite scary. Someone may face VERY SERIOUS consequences if found guilty. Potential penalties range from …

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

Florida’s 3rd District Court of Appeal ruled that law enforcement officers did not violate the defendant’s Miranda rights – and thus, his confession was properly admitted against him at his trial. However, one 3rd DCA judge disagreed with the majority. CASE: Chaney v. State, 903 So.2d 951 (Fla. 3d DCA 2005) Charge(s): Second-Degree Murder Outcome: Conviction AFFIRMED, as the defendant’s …

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

Florida’s 1st District Court of Appeal reversed a defendant’s conviction because the State failed to satisfactorily explain their reasons for peremptorily striking Black jurors – but one 1st DCA judge dissented. CASE: Fleming v. State, 825 So.2d 1027 (Fla. 1st DCA 2002) Charge(s): Trafficking in Cocaine, Fleeing to Elude Outcome: Convictions REVERSED due to potential racial discrimination in jury selection …