Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for solicitation of a minor, finding he was not subjectively or objectively entrapped as a matter of law – but that a downward departure in his sentence was warranted. CASE: State v. Davis, 141 So.3d 1230 (Fla. 1st DCA 2014) Charge(s): Solicitation of a Minor Outcome: Defendant was …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 2nd District Court of Appeal ruled that officers misled a suspect as to his Miranda rights when he asked if he needed a lawyer – requiring reversal of his convictions after his post-arrest statements were used against him at trial. CASE: Isom v. State, 819 So.2d 154 (Fla. 2d DCA 2011)  Charge(s): Aggravated Fleeing to Elude Law …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 1st District Court of Appeal held that a defendant found guilty of murder knowingly, intelligently and voluntarily waived his Miranda rights, requiring that his conviction be affirmed. CASE: Thomas v. State, 351 So.3d 197 (Fla. 1st DCA 2022) Charge(s): First-Degree Murder Outcome: Conviction AFFIRMED – as the defendant waived his Miranda rights knowingly, intelligently, and voluntarily About …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Case Summary Florida’s 1st District Court of Appeal dismissed a case against a defendant after he claimed he was subjectively entrapped. However, one judge disagreed – finding a reasonable jury could have concluded otherwise. CASE: Gennette v. State, 124 So.3d 273 (Fla 1st DCA 2013) Charge(s): Solicitation of a Minor, Traveling to Meet a Minor, Unlawful Use of a Two-Way …

March 5, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Case Summary CASE:  S.R.M. v. State, 66 So.3d 317 (Fla. 2d DCA 2011) Charge(s): Aggravated Assault with a Deadly Weapon Outcome: Conviction AFFIRMED, as the defendant acted in a manner that would have put a reasonable person in fear of imminent, unlawful violence. About Aggravated Assault in Florida In Florida, aggravated assault (Fla. Stat. 784.021(1)(a) and (1)(b)) is a very …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Two cases from Florida’s 4th District Court of Appeal provide a comprehensive explanation of when pointing a gun – without firing it – constitutes the use or threatened use of deadly force (as opposed to non-deadly force) in Florida. In Florida, aggravated assault with a deadly weapon is a very serious offense. Aggravated assault is typically punishable by up to …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 3rd District Court of Appeal ruled that a police officer telling a suspect that witnesses placed him at a crime scene was a deliberate tactic to get the suspect to waive his right to remain silent after the suspect had already invoked it – making his subsequent confession inadmissible. In Florida and throughout the United States, Miranda rights are …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 4th District Court of Appeal ruled that a trial judge’s immediate excusal of 2 potential jurors who indicated potential favorability to the defense, without giving the defendant a chance to “rehabilitate” those potential jurors, was reversible error. In Florida, jury selection (also known as voir dire) is a critical part of any criminal trial. The objective of jury selection …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal held that because there was a ‘temporal break’ between the defendant’s two alleged solicitations of a fictional minor, only one of which led to traveling to meet the minor, the defendant’s solicitation conviction did not have to be vacated. In Florida, solicitation of a minor online for unlawful sexual activity (Fla. Stat. 847.0135(3)) is …