Pumphrey Law Blog

March 5, 2026 Don Pumphrey, Jr. News & Announcements Social Share

Case Summary Florida’s 1st District Court of Appeal ruled the State provided ‘clear and convincing’ evidence that a defendant was not acting in self-defense when he shot his stepson. However,  one judge authored a fiery dissent. CASE: Edwards v. State, 351 So.3d 1142 (Fla. 1st DCA 2022) Charge(s): Manslaughter  OUTCOME: Defendant’s “Stand Your Ground” claim denied – with one judge …

March 5, 2026 Don Pumphrey, Jr. News & Announcements Social Share

Case Summary Florida’s 2nd District Court of Appeal ruled that because the State failed to adequately identify the expertise of a police witness who discussed DNA “matching” probabilities at a defendant’s trial, the defendant’s conviction required reversal. CASE: Casias v. State, 94 So.3d 611 (Fla. 2d DCA 2011) Charge(s): Burglary of a Dwelling Outcome: Conviction REVERSED, as the State did …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

Florida’s 1st District Court of Appeal reiterates that when a suspect unequivocally invokes their right to attorney, police must end questioning unless the suspect voluntarily re-engages. Before someone is subject to custodial interrogation by law enforcement in Florida, they must first be read their Miranda rights. Police must notify someone after they are taken into custody but before interrogation commences …

October 9, 2025 Don Pumphrey, Jr. News & Announcements Social Share

A new Florida case discussing whether there is a constitutional right to a twelve-person jury in criminal cases may be heard by the U.S. Supreme Court. In Florida, twelve-person juries are not required in criminal cases. Since Williams v. Florida was decided by the U.S. Supreme Court in 1970, the state of Florida has relied upon six-person juries in all …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

In Florida, many new criminal laws are going into effect on October 1, 2025. Some of these laws create entirely new crimes, while others increase penalties for existing crimes. This article will discuss those laws. #1 – HB 113 – Fleeing/Eluding Police HB 113 increases the penalties for those accused of fleeing/eluding law enforcement. Fleeing/eluding a law enforcement officer in …

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

In Florida, statistical evidence is often introduced in cases involving the presence of DNA. Typically, this comes in the form of DNA “matching,” which is often used to argue to a jury that the defendant’s DNA would not be in a particular place if they were not guilty of the charge they were accused of. Examples of the use of …

August 1, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI, News & Announcements Social Share

In Florida, DUI (driving under the influence) occurs when someone operates or is in actual physical control of a motor vehicle with a BAC of 0.08 or above, or when their normal faculties have been impaired by alcohol or any other substance.  But what happens when the impairment is caused by a drink that someone believed had no alcohol on …

July 29, 2025 Don Pumphrey, Jr. Criminal Defense, News & Announcements Social Share

The Death of Justice currently has a 5-star rating on Amazon. It is available for purchase here: https://www.amazon.com/dp/B0FF3PDZVS  While most law students were cramming for exams, David Glasser was doing the same… and writing a legal thriller. Glasser, a rising third-year law student at Florida State University, is a law clerk at Pumphrey Law. He has worked at the firm …

August 30, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements Social Share

Is “Plain Smell” of Marijuana Probable Cause in Florida? A Major New Court Ruling Says No **UPDATED October 3, 2025** Citing the legalization of hemp and medical marijuana, a Florida appeals court has ruled that the smell of cannabis alone does not establish probable cause for a search, effectively ending the state’s “plain smell” doctrine. This decision requires police to …