Pumphrey Law Blog

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s conviction for cocaine possession, finding that a prosecutor’s impermissible “bolstering” of a testifying police officer’s credibility during closing arguments may have led to the defendant being convicted. CASE: Williams v. State, 673 So.2d 974 (Fla. 1st DCA 1996) Charge(s): Possession of Cocaine Outcome: Conviction REVERSED, as the prosecutor improperly “bolstered” the …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal REVERSED a second-degree murder conviction after a prosecutor improperly commented on the defendant’s failure to tell law enforcement about a detail at the center of his defense – constituting an improper attack on his right to remain silent. CASE: Robbins v. State, 891 So.2d 1102 (Fla. 5th DCA 2004) Charge(s): Second-Degree Murder Outcome: Conviction …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal ruled that a prosecutor’s many improper comments during closing arguments deprived the defendant of his right to a fair trial, requiring REVERSAL of his convictions and a new trial in the case. CASE: Petruschke v. State, 125 So.2d 274 (Fla. 4th DCA 2013) Charge(s): Lewd or Lascivious Molestation Outcome: Conviction REVERSED, as the prosecutor’s …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal reversed a defendant’s sexual battery conviction over the fact that the prosecutor made a series of “over-the-line” comments during closing arguments that led to a violation of his right to a fair trial. CASE: Pacifico v. State, 642 So.2d 1178 (Fla. 1st DCA 1994) Charge(s): Sexual Battery, Kidnapping Outcome: Conviction REVERSED, as the defendant …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 4th District Court of Appeal ruled that a defendant was not entitled to an entrapment jury instruction because there was no evidence that he was induced to commit the charged crime and he introduced no evidence of his lack of predisposition to do so. CASE: Davis v. State, 937 So.2d 300 (Fla. 4th DCA 2006) Charge(s): Sale of Cocaine …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 4th District Court of Appeal ruled that although a nurse’s testimony about the injuries allegedly sustained by a sexual battery victim was largely inadmissible on hearsay grounds, the defendant’s conviction required affirmance because this was HARMLESS ERROR. CASE: Henderson v. State, — So.3d —- (Fla. 4th DCA 2026) Charge(s): Armed Sexual Battery Outcome: Conviction AFFIRMED, as even though a …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal reversed a trial judge’s decision to grant a defendant’s motion to suppress his post-Miranda statements on the grounds that the defendant asking for “advice” was an unequivocal invocation of his right to an attorney. CASE: State v. Raymond Reese, — So.3d — (Fla. 4th DCA 2026) Charge(s): First-Degree Murder Outcome: Trial judge’s decision to …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal ruled that a defendant’s threat to get his gun and shoot a law enforcement officer was not aggravated assault as a matter of law. CASE: White v. State, 633 So.2d 472 (Fla. 1st DCA 1994) Charge(s): Battery on a Law Enforcement Officer, Resisting With Violence Outcome: Convictions REVERSED – White was only found guilty …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal affirmed a defendant’s conviction for vehicular homicide after he took part in a three-way drag race that led to a fatal collision with an uninvolved driver. CASE: Jacobs v. State, 184 So.2d 711 (Fla. 1st DCA 1966) Charge(s): Vehicular Homicide Outcome: Conviction AFFIRMED, as the defendant’s participation in a drag race that resulted in …