Pumphrey Law Blog

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

Florida’s 1st District Court of Appeal ruled that the defendant did not drive recklessly as a matter of law, requiring his vehicular homicide conviction to be reversed. However, one judge strongly disagreed. CASE: Jackson v. State, 100 So.2d 839 (Fla. 1st DCA 1958) Charge(s): Vehicular Homicide Outcome: Conviction REVERSED, as the defendant was not “culpably negligent” (e.g. reckless) in operating …

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

Florida’s 1st District Court of Appeal ruled that interrogating officers violated the defendant’s Miranda rights when they failed to clarify he had the right to an attorney even if he could not afford one. CASE: Chavers v. State, 115 So.3d 1017 (Fla. 1st DCA 2013) Charge(s): First-Degree Murder Outcome: Conviction REVERSED, as officers violated the defendant’s Miranda rights when they …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 3rd District Court of Appeal reversed a juvenile’s adjudication of delinquency for aggravated assault after finding that lobbing ‘quarter-sized rocks’ in the direction of the victim was not aggravated assault with a deadly weapon. CASE: J.P. v. State, 128 So.3d 61 (Fla. 3d DCA 2013) Charge(s): Aggravated Assault with a Deadly Weapon Outcome: Adjudication of delinquency REVERSED, as the …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that even though the prosecutor mischaracterized how Florida’s Stand Your Ground law applied in the defendant’s case, affirmance was required, as the trial judge’s failure to sustain the defense’s objection to the prosecutor’s comment was “harmless error.” CASE: Darby v. State, — So.3d — (Fla. 4th DCA 2026) Charge(s): Attempted Manslaughter by Act …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that a defendant was entitled to Stand Your Ground immunity, requiring the dismissal of a felony battery charge, when she swatted the phone out of the hand of a home inspector who entered her apartment through an elevator and began to take pictures without permission. CASE: Paese v. State, 381 So.3d 4 (Fla. …

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

Case Summary Florida’s 3rd District Court of Appeal ruled the defendant was entitled to Stand Your Ground immunity for aggravated assault after he believed home invaders were in his yard – even though these were actually FPL workers coming to disconnect his electricity. CASE: State v. Vino, 100 So.3d 716 (Fla. 3d DCA 2012) Charge(s): Aggravated Assault with a Deadly …

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

In a recent brief to Florida’s 1st District Court of Appeal, Florida’s Attorney General voiced the opinion that Florida’s law permanently prohibiting all felons from possessing firearms (unless they are pardoned or granted clemency) is UNCONSTITUTIONAL. In Florida, possession of a firearm by a convicted felon (Fla. Stat. 790.23) is a serious offense. For someone to be proven guilty of …

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

Case Summary Florida’s 4th District Court of Appeal ruled that under Florida’s Stand Your Ground law, the State failed to prove that a one-armed man punching his coworker was legally unjustified. CASE: Martin v. State, 414 So.3d 195 (Fla. 4th DCA 2025) Charge(s): Battery on a Person Over 65 Years of Age Outcome: Case DISMISSED under Florida’s Stand Your Ground …

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

Case Summary Florida’s 4th District Court of Appeal affirmed a defendant’s second-degree murder conviction, finding the evidence was sufficient as a matter of law to support the jury’s conclusion that the defendant acted with a ‘depraved mind.’ CASE: Henry v. State, 145 So.3d 924 (Fla. 4th DCA 2014)  Charge(s): Second-Degree Murder Outcome: Conviction AFFIRMED, as evidence clearly supported finding that …