Pumphrey Law Blog

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

Florida’s 1st District Court of Appeal ruled that a juvenile who drove her vehicle at an excessive speed when her brakes were defective, resulting in a crash that killed the victim, could be found guilty of vehicular homicide as a matter of law. CASE: M.C.J. v. State, 444 So.2d 1001 (Fla. 1st DCA 1984) Charge(s): Vehicular Homicide Outcome: Conviction AFFIRMED, …

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

Florida’s 1st District Court of Appeal reversed a defendant’s conviction after a judge overruled a defendant’s objection to the State’s peremptory strike of a Black juror without explaining why he found the strike to be race-neutral. CASE: Smith v. State, 143 So.3d 1994 (Fla. 1st DCA 2014) Charge(s): Failure to Register as a Sex Offender Outcome: Conviction REVERSED, as the …

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

Florida’s 1st District Court of Appeal found that the defendant did not invoke his Miranda rights despite asking interrogating detectives if he needed a lawyer, and subsequently asking if he could call a lawyer during questioning. CASE: Washington v. State, 253 So.3d 64 (Fla. 1st DCA 2018) Charge(s): First-Degree Murder, Burglary with Battery Outcome: Convictions AFFIRMED – Washington’s Miranda rights …

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

Florida’s 1st District Court of Appeal found that the defendant’s Miranda rights weren’t violated when he asked an interrogating detective if he would need a lawyer – finding that the detective gave an “honest, straightforward” answer to his question. CASE: State v. Hineline, 159 So.3d 293 (Fla. 1st DCA 2015) Charge(s): Lewd or Lascivious Molestation Outcome: Trial judge’s order to …

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

Florida’s 1st District Court of Appeal reversed a trial judge’s order suppressing a defendant’s post-Miranda statements, finding that the defendant was not misled by law enforcement into not asking for a lawyer. CASE: State v. Parker, 144 So.3d 700 (Fla. 1st DCA 2014) Charge(s): Burglary with Battery, Attempted Sexual Battery, Sexual Battery, Battery Outcome: Suppression of confession REVERSED, as law …

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

Florida’s 2nd District Court of Appeal ruled that a man who hit a woman pushing her baby in a stroller, killing her in a crosswalk, was only driving his vehicle “carelessly” at the time of the crash – affirming the dismissal of a vehicular homicide charge against him. CASE: State v. Del Rio, 854 So.2d 692 (Fla. 2d DCA 2003) …

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

Florida’s 3rd District Court of Appeal found a defendant who was speeding on a largely empty highway when he hit the vehicle of the victim, who turned directly in front of him while he had the right of way, was not guilty of vehicular homicide as a matter of law. CASE: Luzardo v. State, 147 So.3d 1083 (Fla. 3d. DCA …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that an officer’s misrepresentation of the law – when combined with the fact that he told the defendant he would be able to “go home” that evening no matter what he said – made the defendant’s confession involuntary. CASE: Light v. State, 20 So.3d 939 (Fla. 1st DCA 2009) Charge(s): Unlawful Sexual Activity …

April 16, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In a recent opinion, a concurring judge on Florida’s 2nd District Court of Appeal argued that a double jeopardy violation cannot be cured by nolle prossing a count of the information that the defendant was convicted of in violation of their Fifth Amendment protections against double jeopardy. CASE: Aldacosta v. State, — So.3d —- (Fla. 2d DCA 2026) Charge(s): Traveling …