Pumphrey Law Blog

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 …

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

Florida’s 1st District Court of Appeal found that the defendant’s Miranda rights weren’t violated when he asked an interrogating detective if he would need a lawyer – finding that the detective gave an “honest, straightforward” answer to his question. CASE: State v. Hineline, 159 So.3d 293 (Fla. 1st DCA 2015) Charge(s): Lewd or Lascivious Molestation Outcome: Trial judge’s order to …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In a recent opinion, a concurring judge on Florida’s 2nd District Court of Appeal argued that a double jeopardy violation cannot be cured by nolle prossing a count of the information that the defendant was convicted of in violation of their Fifth Amendment protections against double jeopardy. CASE: Aldacosta v. State, — So.3d —- (Fla. 2d DCA 2026) Charge(s): Traveling …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 3rd District Court of Appeal affirmed a defendant’s conviction for lewd or lascivious conduct, finding that the trial judge DID NOT improperly limit his attorney’s ability to question prospective jurors about a child potentially fabricating an allegation of sexual abuse. CASE: Zapata v. State, — So.3d —- (Fla. 3d. DCA 2026) Charge(s): Lewd or Lascivious Conduct Outcome: Conviction AFFIRMED, …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 5th District Court of Appeal REVERSED a defendant’s lewd or lascivious molestation conviction, finding that collateral crime evidence of a sexual battery was erroneously admitted into evidence at the defendant’s trial. CASE: Taylor v. State, 256 So.3d 950 (Fla. 5th DCA 2018) Charge(s): Lewd or Lascivious Molestation Outcome: Conviction reversed, as Williams Rule (collateral crime) evidence of a sexual …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s lewd or lascivious molestation convictions, finding the judge erred by improperly admitting evidence of a sex crime allegedly perpetrated against another victim by the defendant 17 years earlier. CASE: Woodard v. State, 978 So.2d 217 (Fla. 1st DCA 2008) Charge(s): Lewd or Lascivious Molestation Outcome: Conviction REVERSED, as the trial judge …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled that the testimony of the alleged victim did not show the defendant committed sexual battery – as sexual penetration did not occur. CASE: Watkins v. State, 48 So.3d 883 (Fla. 1st DCA 2010) Charge(s): Sexual battery by a person in familial or custodial authority Outcome: Conviction REVERSED, as the victim did not testify …

April 16, 2026 Don Pumphrey, Jr. Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled that the trial judge erred by admitting testimony from a victim who the defendant allegedly committed simple battery upon, in a sexual battery case – as this was done solely to prove the defendant’s bad character or propensity to act unlawfully. CASE: Moss v. State, 169 So.3d 223 (Fla. 1st DCA 2015) Charges: …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

A divided 1st District Court of Appeal affirmed a defendant’s sexual battery conviction after evidence of an uncharged sexual battery he allegedly performed on another victim was admitted at trial. CASE: Donton v. State, 1 So.3d 1092 (Fla. 1st DCA 2009) Charge(s): Sexual Battery on a Victim with a Mental Defect Outcome: Conviction AFFIRMED, as “Williams Rule” (e.g. collateral crime) …