Pumphrey Law Blog

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

Florida’s 3rd District Court of Appeal ruled that law enforcement officers did not violate the defendant’s Miranda rights – and thus, his confession was properly admitted against him at his trial. However, one 3rd DCA judge disagreed with the majority. CASE: Chaney v. State, 903 So.2d 951 (Fla. 3d DCA 2005) Charge(s): Second-Degree Murder Outcome: Conviction AFFIRMED, as the defendant’s …

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

Florida’s 1st District Court of Appeal reversed a defendant’s conviction because the State failed to satisfactorily explain their reasons for peremptorily striking Black jurors – but one 1st DCA judge dissented. CASE: Fleming v. State, 825 So.2d 1027 (Fla. 1st DCA 2002) Charge(s): Trafficking in Cocaine, Fleeing to Elude Outcome: Convictions REVERSED due to potential racial discrimination in jury selection …

April 23, 2026 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

Florida’s 1st District Court of Appeal ruled that because the defendant did not unequivocally invoke his right to an attorney during police questioning, law enforcement was NOT required to end the interview that ultimately produced the defendant’s confession. CASE: Eversole v. State, 278 So.3d 327 (Fla. 1st DCA 2019) Charge(s): Burglary, Dealing in Stolen Property Outcome: Conviction AFFIRMED, as the …

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

Florida’s 1st District Court of Appeal ruled that the defendant’s act of carrying a knife as he was exiting a gas station in close proximity to the clerk was sufficient to constitute aggravated assault with a deadly weapon under Florida law. Here’s why. CASE: Willard v. State, 386 So.2d 869 (Fla. 1st DCA 1980) Charge(s): Aggravated Assault, Improper Exhibition of …

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

Florida’s 1st District Court of Appeal ruled that the jury had a sufficient evidentiary basis to find that the defendant was not subjectively entrapped in a heroin sale sting – despite the defendant’s “reasonable” argument that he was entitled to dismissal of the charge due to entrapment. CASE: Hall v. State, 326 So.3d 1188 (Fla. 1st DCA 2021) Charge(s): Sale …

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

Florida’s 1st District Court of Appeal ruled that because the trial judge failed to evaluate the “genuineness” of the State’s reason for exercising a peremptory strike on a Black female juror was grounds to reverse the defendant’s convictions and remand the matter for a new trial. CASE: Simmons v. State, 940 So.2d 580 (Fla. 1st DCA 2006) Charge(s): Sale of …

April 20, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal found a judge’s failure to evaluate the genuineness of the “gender-neutral” reasons for the State’s peremptory strikes on three male potential jurors during jury selection required reversal of the defendant’s convictions. CASE: Tetreault v. State, 24 So.3d 1242 (Fla. 1st DCA 2009) Charge(s): Sexual Battery, Lewd or Lascivious Molestation  Outcome: Convictions REVERSED, as the …

April 20, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 1st District Court of Appeal ruled that the conduct of a victim or third party cannot be used as a defense to vehicular homicide charges, except under very limited circumstances. CASE: Reaves v. State, 979 So.2d 1066 (Fla. 1st DCA 2008) Charge(s): Vehicular Homicide Outcome: Guilty plea AFFIRMED, as the conduct of a victim and/or a third party were …

April 20, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 5th District Court of Appeal ruled that law enforcement downplaying the importance of Miranda rights and delaying their administration rendered a defendant’s confession inadmissible in court – and that its wrongful introduction at her trial required REVERSAL of her conviction. CASE: Rios v. State, 277 So.3d 1102 (Fla. 5th DCA 2019) Charge(s): First-Degree Murder, Armed Burglary Outcome: Convictions REVERSED, …