Just a few weeks after Gabby Petito’s body was found by police, another Florida woman had been classified as missing. Nineteen-year-old Miya Marcano was last seen near the Arden Villa apartments where she lived and worked in Orlando, Florida. She was supposed to take a trip down to South Florida to see her family, but after missing the flight her …
Brief Summary On October 7, 2021, the Supreme Court of Florida reviewed Boston v. State. This case arose out of the First District Court of Appeal in 2020 and discussed the correct standard of Stand Your Ground Immunity under Section 776.032 of the Florida Statutes. The First District Court of Appeal concluded that a defendant convicted by a jury after …
What is Florida’s Stand Your Ground Law? HB 73, called “The Self-Defense Restoration Act,” entered the Criminal Justice & Public Safety Subcommittee on September 17th. This bill was introduced by civil rights attorney and State Representative Michele Rayner and would alter Florida’s Stand Your Ground Law. The law, codified in Section 776.013 of the Florida Statutes, answers the question of …
On July 8, 2021, the Supreme Court of Florida decided the case Donald H. Davidson Jr., v. State of Florida. The basis for this case is Davidson’s appeal of his prior conviction of first-degree murder and sentence of death. The Facts of the Case In 2014, Davidson was released with supervision from prison and was required to wear an ankle …
In most cases concerning violent crime, like assault or battery, defendants will attempt to assert a form of self-defense at trial. One particular form of self-defense is an affirmative defense called “Defense of Property,” codified in Section 776.031, Florida Statutes. This section is titled “Use or threatened use of force in defense of property” and allows an individual to use, …
Florida is an outlier when comes to decisions regarding the death penalty. Recent Florida Supreme Court decisions have left this state in the company of only a few others in terms of the procedural safeguards afforded to capital defendants. These decisions affect the sentencing process and review process, two incredibly important steps in the treatment of capital defendants. If …
What is the Difference between Assault, Battery, and Domestic Violence in Florida? Assault, Battery and crimes of domestic violence are crimes which are commonly mistaken for one another and mixed up. They have very different meanings in the state of Florida, and if you have been accused of one of these crimes, it is important to understand exactly what the …
Murder is the unlawful killing of another person and depending on the circumstances is classified as first, second, or third-degree murder. What is First Degree Murder? First-degree murder is when someone has intended or preformed actions that show that the intent was to take the life of another person. This is called premeditation and contrary to popular belief there does …
“Gang Members Protection Act,” as dubbed by State Attorney Aronberg of West Palm Beach, is just another term used for something that places the burden of proof in stand your ground cases squarely on the shoulder of the prosecutors. “Prosecutors never like having the burden shifted to them–it creates more work,” stated Tallahassee Criminal Defense Attorney Don Pumphrey, Jr.”It creates …
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.