Pumphrey Law Blog

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

Florida’s 3rd District Court of Appeal ruled that a defendant’s conviction required reversal after he was convicted of second-degree murder for stabbing a man in the chest after realizing he had sexually assaulted the defendant’s wife. In Florida, second-degree murder and attempted second-degree murder are extremely serious offenses. Second-degree murder is typically considered a first-degree felony, punishable by up to …

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

Florida’s 1st District Court of Appeal ruled that the presence of a defendant’s fingerprint on a potato chip can in which a marijuana plant was growing was insufficient to establish that the defendant constructively possessed the marijuana. In Florida, possession of a controlled substance (such as cocaine or marijauna) is a very serious offense. This is typically considered at least …

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

Florida’s 4th District Court of Appeal reversed a defendant’s conviction after he was questioned about an alleged burglary by police even after saying he “didn’t want to talk about it” – and his resulting confession was used against him at his trial. In Florida and throughout the United States, Miranda rights are a key constitutional protection suspects have before they …

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

Florida’s 2nd District Court of Appeal ruled that a man who drove thirty miles an hour over the speed limit, attempted to weave through crowded traffic and drifted into bike lanes, was guilty of vehicular homicide. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious criminal offense. Vehicular homicide is typically considered a second-degree felony, punishable by up …

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

Florida’s 3rd District Court of Appeal reversed an adjudication of guilt for aggravated assault allegedly committed by a juvenile defendant – as there was dispute as to whether the ‘shotgun’ he used to commit the alleged assault was real, or a toy. In Florida, aggravated assault with a deadly weapon (Fla. Stat. 784.021(1)(a)) is a very serious offense. It is …

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

Florida’s 1st District Court of Appeal ruled that a defendant’s waiver of his Miranda rights in Spanish, when his native language was Mayan Mam, was valid because he clearly was able to understand his rights. In Florida, Miranda rights are a key constitutional protection for individuals subject to custodial interrogation by law enforcement. Per the U.S. Supreme Court’s landmark Miranda …

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

Florida’s Supreme Court declined to reverse a defendant’s first-degree murder convictions on the grounds that during jury selection, a juror failed to disclose that he was the victim of a battery. In Florida, jury selection (also known as voir dire) is an essential part of criminal trials. As a jury can “make or break” a case, it is important to …

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

Florida’s 1st District Court of Appeal affirmed a defendant’s vehicular homicide conviction after he drove despite being drunk and a mortar firework exploding in his car, filling it with smoke. In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious offense. Vehicular homicide is typically considered a second-degree felony, punishable by up to 15 years in state prison and …

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

Florida’s Supreme Court held that one of a defendant’s two denied “cause challenges” should have been granted by the trial judge – but that because the trial judge awarded the defendant an additional peremptory strike, his conviction and death sentence did not require reversal. In Florida, jury selection (also known as voir dire) is a critical aspect of any criminal …