Pumphrey Law Blog

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, Sex Crimes Social Share

Case Summary Florida’s 1st District Court of Appeal ruled a defendant’s Miranda rights were not violated in a possession of child pornography case when officers conducted a “knock and talk” at his home. However, one judge disagreed. CASE: Evans v. State, 911 So.2d 796 (Fla. 1st DCA 2005) Charge(s): Child Pornography Possession Outcome: Guilty plea AFFIRMED, as law enforcement did …

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

Case Summary Florida’s 5th District Court of Appeal found that the defendant, who punched the alleged victim after the alleged victim grabbed the arm of the defendant’s girlfriend, was likely entitled to Stand Your Ground immunity. CASE: Rogers v. State, 303 So.3d 1266 (Fla. 5th DCA 2020)  Charge(s): Battery Outcome: Stand Your Ground immunity GRANTED – defendant reasonably used nondeadly …

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

Case Summary Florida’s 1st District Court of Appeal ruled that although the charging document in a traveling and solicitation of a minor case may have violated a defendant’s constitutional protection against double jeopardy, the defendant forfeited this argument when he took a plea deal. CASE: Newcombe v. State, 292 So.3d 907 (Fla. 1st DCA 2020) Charge(s): Solicitation of a Minor/Traveling …

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

Case Summary Florida’s 5th District Court of Appeal reversed a defendant’s convictions after a judge prevented attorneys from questioning potential jurors about their understanding of and attitude towards the presumption of innocence and the right to remain silent. CASE: Mendez v. State, 898 So.2d 1141 (Fla. 5th DCA 2005) Charge(s): Sexual Battery and Lewd or Lascivious Molestation Outcome: Convictions REVERSED, …

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

Florida’s 1st District Court of Appeal ruled that as a matter of law, a trial judge could not grant a “downward departure” sentence based on a fourteen-year-old victim “willingly participating” in alleged lewd or lascivious conduct. However, the Florida Supreme Court disagreed. Sexual Battery/Rape Charges in Florida Sexual battery by a person in a position of familial or custodial authority …

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 …

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

Case Summary Florida’s 4th District Court of Appeal ruled that a defendant’s “grossly excessive speed” was sufficient to support a finding that he recklessly drove, despite the oft-cited maxim that speed alone is insufficient to prove recklessness. Here’s why. CASE: Natal v. State, 278 So.3d 705 (Fla. 4th DCA 2019)  Charge(s): Vehicular Homicide (Convicted of Reckless Driving) Outcome: Conviction AFFIRMED, …

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

Case Summary Florida’s 1st District Court of Appeal affirmed a trial judge’s order denying a defendant Stand Your Ground immunity after a fatal stabbing that he claimed was an effort to protect his sister. CASE: Swift v. State, 342 So.3d 852 (Fla. 1st DCA 2022) Charge(s): Second-Degree Murder Outcome: Stand Your Ground claim DENIED, as the evidence refuted the defendant’s …