Pumphrey Law Blog

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 …

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

Florida’s 3rd District Court of Appeal affirmed a defendant’s conviction for lewd or lascivious conduct, finding that the trial judge DID NOT improperly limit his attorney’s ability to question prospective jurors about a child potentially fabricating an allegation of sexual abuse. CASE: Zapata v. State, — So.3d —- (Fla. 3d. DCA 2026) Charge(s): Lewd or Lascivious Conduct Outcome: Conviction AFFIRMED, …

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

Florida’s 1st District Court of Appeal affirmed the conviction of a college football player who committed a sexual battery at Florida Agricultural & Mechanical University (FAMU), finding his Miranda rights were not violated. CASE: Monroe v. State, 148 So.3d 850 (Fla. 1st DCA 2014) Charge(s): Capital Sexual Battery, Lewd or Lascivious Molestation Outcome: Convictions AFFIRMED, as the defendant was not …

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

Florida’s 5th District Court of Appeal REVERSED a defendant’s lewd or lascivious molestation conviction, finding that collateral crime evidence of a sexual battery was erroneously admitted into evidence at the defendant’s trial. CASE: Taylor v. State, 256 So.3d 950 (Fla. 5th DCA 2018) Charge(s): Lewd or Lascivious Molestation Outcome: Conviction reversed, as Williams Rule (collateral crime) evidence of a sexual …

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

Florida’s 1st District Court of Appeal reversed a defendant’s lewd or lascivious molestation convictions, finding the judge erred by improperly admitting evidence of a sex crime allegedly perpetrated against another victim by the defendant 17 years earlier. CASE: Woodard v. State, 978 So.2d 217 (Fla. 1st DCA 2008) Charge(s): Lewd or Lascivious Molestation Outcome: Conviction REVERSED, as the trial judge …

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

Florida’s 1st District Court of Appeal ruled that the testimony of the alleged victim did not show the defendant committed sexual battery – as sexual penetration did not occur. CASE: Watkins v. State, 48 So.3d 883 (Fla. 1st DCA 2010) Charge(s): Sexual battery by a person in familial or custodial authority Outcome: Conviction REVERSED, as the victim did not testify …

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

Florida’s 1st District Court of Appeal ruled that a defendant’s statement, “if I am being held and I’m being charged with something I need to be on the phone calling my lawyer,” was not a clear invocation of his Miranda rights. Why? CASE: Spivey v. State, 45 So.3d 51 (Fla. 1st DCA 2010) Charge(s): First-Degree Murder Outcome: Conviction AFFIRMED, as …

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

Florida’s 1st District Court of Appeal ruled that the defendant did not drive recklessly as a matter of law, requiring his vehicular homicide conviction to be reversed. However, one judge strongly disagreed. CASE: Jackson v. State, 100 So.2d 839 (Fla. 1st DCA 1958) Charge(s): Vehicular Homicide Outcome: Conviction REVERSED, as the defendant was not “culpably negligent” (e.g. reckless) in operating …