Pumphrey Law Blog

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal reversed the denial of a defendant’s motion for a new trial in a lewd molestation case on the basis that a juror improperly withheld important information during jury selection – but declined to find the prosecutor’s closing argument so improper as to warrant a mistrial. CASE: Young v. State, 720 So.2d 1101 (Fla. 1st …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal reversed a defendant’s capital sexual battery conviction after a prosecutor’s many improper comments during closing arguments potentially influenced the jury’s verdict. CASE: D’Ambrosio v. State, 736 So.2d 44 (Fla. 5th DCA 1999) Charge(s): Capital Sexual Battery Outcome: Conviction REVERSED, as various improper remarks made by a prosecutor during closing argument violated D’Ambrosio’s right to …

April 24, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal REVERSED a capital sexual battery conviction after the prosecutor accused the defendant in closing arguments of “glaring” at an alleged child victim to intimidate him while he testified. CASE: Baldez v. State, 679 So.2d 825 (Fla. 4th DCA 1996) Charge(s): Capital Sexual Battery Outcome: Conviction REVERSED, as the prosecutor improperly accused Baldez of “glaring” …

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, 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, 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 …

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

Florida’s 1st District Court of Appeal reversed a defendant’s conviction for lewd or lascivious molestation, finding that text messages sent by the alleged victim were improperly introduced at trial by the State to “bolster” her credibility after she testified. CASE: Goldtrap v. State, 115 So.3d 1025 (Fla. 1st DCA 2013) Charge(s): Lewd or Lascivious Molestation Outcome: Conviction REVERSED, as the …

April 20, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s conviction after a judge overruled a defendant’s objection to the State’s peremptory strike of a Black juror without explaining why he found the strike to be race-neutral. CASE: Smith v. State, 143 So.3d 1994 (Fla. 1st DCA 2014) Charge(s): Failure to Register as a Sex Offender Outcome: Conviction REVERSED, as the …