Pumphrey Law Blog

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 2nd District Court of Appeal reversed a defendant’s second-degree murder conviction, finding a lack of proof that he had a ‘depraved mind’ necessary to commit the offense when he killed the victim.  In Florida, second-degree murder and attempted second-degree murder are extremely serious felony offenses. For someone to be guilty of second-degree murder, the following elements must be proven …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 3rd District Court of Appeal ruled that a judge’s failure to excuse “for cause” two jurors who indicated they were biased against the defendant – resulting in the seating of an “undesirable” juror – required reversal of the defendant’s convictions. In Florida, jury selection (also known as voir dire) is a critical part of any criminal trial. Jury selection …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal ruled that a defendant reaching towards an area of a vehicle where drugs were found and making statements such as “my life is over” provided sufficient proof to establish his guilt of constructively possessing cocaine. In Florida, alleged possession of contraband (e.g. drugs, paraphernalia, illegal guns) often results in criminal charges. Depending on the …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s Supreme Court ruled that a discovery deposition did not satisfy a defendant’s right to confront his accuser in a sexual abuse case, but affirmed his conviction on the grounds that it was ‘harmless error.’ In Florida, hearsay is defined as an out of court statement offered in court for the purpose of proving the content of the statement (or …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

In a major case, Florida’s 4th District Court of Appeal reversed a defendant’s conviction because law enforcement told him he had the right to an attorney BEFORE he answered any questions – without clarifying this right also applied WHILE he was being interrogated. In Florida and throughout the U.S., Miranda rights are key constitutional protections for those who have been …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal ruled a defendant could not be guilty of constructively possessing marijuana allegedly found inside his car studio, and apartment as a matter of law. In Florida, possession of a controlled substance and possession of drug paraphernalia are very serious charges. Possession of controlled substances is typically charged as a third-degree felony (up to 5 …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

a case of “mutual mistake,” Florida’s 1st District Court of Appeal held that a judge’s failure to issue an order allowing the admission of child hearsay required the guilty verdict against a defendant to be reversed. In Florida, hearsay is an out of court statement, document, or other record admitted into evidence to prove that its contents are true. Hearsay …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal found the State failed to prove as a matter of law that a baggie of cocaine found in a vehicle’s center console belonged to the defendant, who was driving a jointly occupied vehicle. In Florida, there are two types of possession of contraband (e.g. drugs, illegal guns) that can serve as the basis for …

January 14, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that because a defendant failed to object to a judge’s “insufficient” child hearsay reliability findings at trial, he could not raise the issue on appeal. However, one judge dissented. In Florida, hearsay is an out of court statement offered in court for the purpose of proving that the statement is true. Hearsay can …