Pumphrey Law Blog

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal ruled that a defendant validly did not unequivocally and unambiguously invoke his right to remain silent or right to counsel once custodial interrogation had commenced, requiring that his second-degree murder conviction be affirmed. CASE: Alvarez v. State, 890 So.2d 389 (Fla. 1st DCA 2004) Charge(s): Arson, Second-Degree Murder Outcome: Convictions AFFIRMED, as the defendant …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 6th District Court of Appeal ruled that the defendant was not entitled to a mistrial after a co-defendant testified he and the defendant texted about committing an additional, uncharged robbery. However, one judge disagreed. CASE: Quesada v. State, — So.3d — (Fla. 6th DCA 2026) Charge(s): Conspiracy to Commit Robbery with a Firearm, Attempted Robbery, Attempted Felony Murder Outcome: …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Juvenile Offenses Social Share

Florida’s 1st District Court of Appeal ruled that a 13-year-old defendant was entitled to a new trial because his confession was the result of law enforcement violating his Miranda rights. CASE: J.G. v. State, 883 So.2d 915 (Fla. 1st DCA 2004) Charge(s): Attempted Sexual Battery Outcome: Adjudication of delinquency REVERSED, as the juvenile defendant’s waiver of his Miranda rights was …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal expanded the definition of the term “familial or custodial authority” from sexual battery purposes – finding that a man who previously was married to the victim’s mother qualified, even though he did not actively live with the victim. CASE: Coleman v. State, 485 So.2d 1342 (Fla. 1st DCA 1986) Charge(s): Sexual battery by a …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense Social Share

Florida’s 1st District Court of Appeal REVERSED a defendant’s conviction, finding the judge’s failure to instruct the jury on entrapment required the defendant to receive a new trial. CASE: Johnson v. State, 789 So.2d 1071 (Fla. 1st DCA 2001) Charge(s): Possession of Cocaine Outcome: Conviction REVERSED, as the trial judge failed to instruct the jury on entrapment even though SOME …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Florida’s 4th District Court of Appeal ruled that a defendant was entitled to Stand Your Ground immunity, requiring the dismissal of a felony battery charge, when she swatted the phone out of the hand of a home inspector who entered her apartment through an elevator and began to take pictures without permission. CASE: Paese v. State, 381 So.3d 4 (Fla. …

April 10, 2026 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

Florida’s 1st District Court of Appeal ruled a defendant who “cultivated a close relationship” with the victim was in a position of familial or custodial authority, despite the fact that he was not related to her by blood and did not live with her. CASE: Stricklen v. State, 504 So.2d 1248 (Fla. 1st DCA 1986) Charge(s): Sexual battery by a …

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

Case Summary Florida’s 3rd District Court of Appeal ruled the defendant was entitled to Stand Your Ground immunity for aggravated assault after he believed home invaders were in his yard – even though these were actually FPL workers coming to disconnect his electricity. CASE: State v. Vino, 100 So.3d 716 (Fla. 3d DCA 2012) Charge(s): Aggravated Assault with a Deadly …

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

Case Summary Florida’s 5th District Court of Appeal ruled that the older cousin of the victim was not in a position of familial or custodial authority as a matter of law, requiring reversal of his conviction. CASE: Johnson v. State, 682 So.2d 215 (Fla. 5th DCA 1996) Charge(s): Sexual battery by a person in familial or custodial authority Outcome: Conviction …