Pumphrey Law Blog

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 …

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

Florida’s 4th District Court of Appeal ruled that a prosecutor’s many improper comments during closing arguments deprived the defendant of his right to a fair trial, requiring REVERSAL of his convictions and a new trial in the case. CASE: Petruschke v. State, 125 So.2d 274 (Fla. 4th DCA 2013) Charge(s): Lewd or Lascivious Molestation Outcome: Conviction REVERSED, as the prosecutor’s …

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

Florida’s 1st District Court of Appeal reversed a defendant’s sexual battery conviction over the fact that the prosecutor made a series of “over-the-line” comments during closing arguments that led to a violation of his right to a fair trial. CASE: Pacifico v. State, 642 So.2d 1178 (Fla. 1st DCA 1994) Charge(s): Sexual Battery, Kidnapping Outcome: Conviction REVERSED, as the defendant …

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

Florida’s 4th District Court of Appeal ruled that a defendant was not entitled to an entrapment jury instruction because there was no evidence that he was induced to commit the charged crime and he introduced no evidence of his lack of predisposition to do so. CASE: Davis v. State, 937 So.2d 300 (Fla. 4th DCA 2006) Charge(s): Sale of Cocaine …

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 …