Pumphrey Law Blog

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

Case Summary Florida’s 1st District Court of Appeal ruled a defendant was guilty of attempted second-degree murder after he pointed it at the victim’s stomach and made a remark that he “should have killed him” after shooting him. CASE: Perez v. State, 187 So.3d 1279 (Fla. 1st DCA 2016) Charge(s): Attempted Second-Degree Murder Outcome: Conviction AFFIRMED, as the defendant deliberately …

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

Case Summary Florida’s 4th District Court of Appeal reversed a defendant’s conviction for cocaine trafficking after the trial judge “abused his discretion” by prohibiting the defendant’s lawyer from asking potential jurors if they would accept an entrapment defense. CASE: Walker v. State, 724 So.3d 1232 (Fla. 4th DCA 1999) Charge(s): Trafficking in Cocaine Outcome: Conviction reversed, as trial judge impermissibly …

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

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s aggravated assault conviction after finding a “reasonable person” in the victim’s position would have been in well-founded fear of violence. One judge voiced disagreement with the judicial trend that shaped the ruling. CASE: Daniels v. State, 308 So. 3d 212 (Fla. 1st DCA 2020) Charge(s): Aggravated Assault with a …

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

Case Summary In a foundational second-degree murder case, Florida’s 1st District Court of Appeal ruled that a defendant’s “joke” to the victim before fatally shooting her supported the finding that he acted with a “depraved mind.” CASE: Hines v. State, 227 So.2d 334 (Fla. 1st DCA 1969) Charge(s): Second-Degree Murder Outcome: Defendant’s conviction affirmed, as a comment he made before …

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

Case Summary Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for solicitation of a minor, finding he was not subjectively or objectively entrapped as a matter of law – but that a downward departure in his sentence was warranted. CASE: State v. Davis, 141 So.3d 1230 (Fla. 1st DCA 2014) Charge(s): Solicitation of a Minor Outcome: Defendant was …

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

Case Summary Florida’s 2nd District Court of Appeal ruled that officers misled a suspect as to his Miranda rights when he asked if he needed a lawyer – requiring reversal of his convictions after his post-arrest statements were used against him at trial. CASE: Isom v. State, 819 So.2d 154 (Fla. 2d DCA 2011)  Charge(s): Aggravated Fleeing to Elude Law …

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 …

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

Case Summary Florida’s 1st District Court of Appeal held that a defendant found guilty of murder knowingly, intelligently and voluntarily waived his Miranda rights, requiring that his conviction be affirmed. CASE: Thomas v. State, 351 So.3d 197 (Fla. 1st DCA 2022) Charge(s): First-Degree Murder Outcome: Conviction AFFIRMED – as the defendant waived his Miranda rights knowingly, intelligently, and voluntarily About …