On July 8, 2021, the Supreme Court of Florida decided the case Donald H. Davidson Jr., v. State of Florida. The basis for this case is Davidson’s appeal of his prior conviction of first-degree murder and sentence of death. The Facts of the Case In 2014, Davidson was released with supervision from prison and was required to wear an ankle …
In most cases concerning violent crime, like assault or battery, defendants will attempt to assert a form of self-defense at trial. One particular form of self-defense is an affirmative defense called “Defense of Property,” codified in Section 776.031, Florida Statutes. This section is titled “Use or threatened use of force in defense of property” and allows an individual to use, …
Florida is an outlier when comes to decisions regarding the death penalty. Recent Florida Supreme Court decisions have left this state in the company of only a few others in terms of the procedural safeguards afforded to capital defendants. These decisions affect the sentencing process and review process, two incredibly important steps in the treatment of capital defendants. If …
What is the Difference between Assault, Battery, and Domestic Violence in Florida? Assault, Battery and crimes of domestic violence are crimes which are commonly mistaken for one another and mixed up. They have very different meanings in the state of Florida, and if you have been accused of one of these crimes, it is important to understand exactly what the …
Murder is the unlawful killing of another person and depending on the circumstances is classified as first, second, or third-degree murder. What is First Degree Murder? First-degree murder is when someone has intended or preformed actions that show that the intent was to take the life of another person. This is called premeditation and contrary to popular belief there does …
“Gang Members Protection Act,” as dubbed by State Attorney Aronberg of West Palm Beach, is just another term used for something that places the burden of proof in stand your ground cases squarely on the shoulder of the prosecutors. “Prosecutors never like having the burden shifted to them–it creates more work,” stated Tallahassee Criminal Defense Attorney Don Pumphrey, Jr.”It creates …
Stand Your Ground (SYG) has been a widely debated topic across the United States, especially with the numerous high-profile cases involving self-defense. Approximately twenty-two (22) states have some version of a stand your ground law. As of today, the states that have SYG laws include Alabama, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North …
The Tallahassee Democrat reported on September 17 that a 55-year-old man was being held in the Leon County Jail without bond after being charged with second-degree murder in the shooting of a 33-year-old woman on August 28. MLive Media Group reported on August 31 that the man was arrested in Jackson County, Michigan, by Blackman-Leoni Department of Public Safety Officers …
More than two years after Florida State University law professor Dan Markel was murdered at his home in Tallahassee, recent developments have revealed increasing tension between Tallahassee Police Department (TPD) investigators and the prosecutor, State Attorney Willie Meggs. Sigfredo Garcia was arrested on May 26, 2016, for first-degree murder and Luis Rivera was charged as a co-conspirator a few days …
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.