Pumphrey Law Blog

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 …

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

Case Summary Florida’s 1st District Court of Appeal dismissed a case against a defendant after he claimed he was subjectively entrapped. However, one judge disagreed – finding a reasonable jury could have concluded otherwise. CASE: Gennette v. State, 124 So.3d 273 (Fla 1st DCA 2013) Charge(s): Solicitation of a Minor, Traveling to Meet a Minor, Unlawful Use of a Two-Way …

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

Case Summary CASE:  S.R.M. v. State, 66 So.3d 317 (Fla. 2d DCA 2011) Charge(s): Aggravated Assault with a Deadly Weapon Outcome: Conviction AFFIRMED, as the defendant acted in a manner that would have put a reasonable person in fear of imminent, unlawful violence. About Aggravated Assault in Florida In Florida, aggravated assault (Fla. Stat. 784.021(1)(a) and (1)(b)) is a very …

February 9, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Two cases from Florida’s 4th District Court of Appeal provide a comprehensive explanation of when pointing a gun – without firing it – constitutes the use or threatened use of deadly force (as opposed to non-deadly force) in Florida. In Florida, aggravated assault with a deadly weapon is a very serious offense. Aggravated assault is typically punishable by up to …